California Criminal Defense, Cryptocurrency, Immigration And Personal Injury Legal Blog

California's counterfeiting laws under Penal Code Section 350 impose serious criminal penalties and collateral consequences for individuals or businesses accused of selling, manufacturing, or possessing counterfeit trademarked goods. These charges can stem from legitimate business disputes or mis...

California Penal Code Section 261.7 addresses how communications related to contraception are treated as evidence in sexual offense cases. Specifically, it states that a victim's suggestion, request, or mention of condom use or other birth control methods cannot alone establish consent without ad...

California Penal Code Section 637.7 – Electronic Tracking Devices California Penal Code Section 637.7 makes it unlawful to use electronic tracking devices to determine the location or movement of another person without their consent. This law is part of California's broader effort to protect ind...

California Penal Code Section 148.1 criminalizes making false bomb threats through various subdivisions that address different types of conduct, from reporting threats to law enforcement and emergency personnel to maliciously communicating threats to any individual. These charges carry serious fe...

California Penal Code 365.7: Service Dog Fraud Charges and Legal Defense California Penal Code Section 365.7 makes it a misdemeanor to knowingly and fraudulently represent oneself as the owner or trainer of a guide, signal, or service dog. A conviction under this statute can result in up to six ...

California Penal Code Section 487m criminalizes the intentional theft of wages, gratuities, benefits, or other forms of compensation by employers and hiring entities. This includes companies that hire independent contractors. A violation rises to the level of grand theft if the total amount excee...

The legal landscape surrounding liability for supplying controlled substances to minors has evolved significantly since the publication of Restatement Second of Torts Section 705 in 1977. Though now obsolete, this section laid early groundwork for addressing civil responsibility for drug-related ...

California Penal Code Section 20310 establishes strict criminal liability for a range of activities involving air gauge knives. This includes not only possession but also manufacturing, importation, sales, and even lending or gifting these prohibited weapons. A violation of PC 20310 may result in...

California Penal Code Section 5035 establishes the Victim Offender Dialogue (VOD) program, an innovative restorative justice mechanism that provides a structured and voluntary forum for communication between victims and offenders. This process is designed to facilitate healing, accountability, an...

California Penal Code Section 3450 establishes the foundation for postrelease community supervision (PRCS), a system designed to supervise certain individuals after release from state prison under county—not state—authority. This statute is a central part of the state's criminal justice realignme...

Being charged with joyriding under California Penal Code Section 499b might sound less serious than grand theft auto, but the legal consequences are real and potentially damaging. While PC 499b is typically a misdemeanor, the impact on your record, driving privileges, and future can be significan...

California Penal Code Sections 484g through 484j define a broad range of credit card fraud crimes, including fraudulent use, merchant-based fraud, counterfeiting, and information trafficking. These offenses may be charged as misdemeanors or felonies depending on the circumstances and can result i...

California Penal Code Section 415.5 makes it a crime to disturb the peace on school property, such as through fighting, loud noise, or provocative speech, but it carves out specific protections for registered students. The law is stricter than general disturbing the peace statutes and carries esc...

California Penal Code 29805 imposes a 10-year firearm ban on individuals convicted of certain misdemeanors. This statute represents one of the state's strictest regulatory frameworks regarding firearm possession. If you are facing charges that may trigger this prohibition, or if you are already u...

Monterey County Superior Court Rule 9.1 establishes the framework for appellate and writ jurisdiction in the county's appellate division. This rule is critical for defense attorneys seeking to challenge lower court rulings in misdemeanor, infraction, and limited civil cases. Understanding this ru...

California Penal Code Section 69 is frequently used in situations involving confrontations with law enforcement. Unfortunately, it is also one of the most misapplied statutes in the state. Officers may charge individuals under PC 69 when no actual resistance or threat occurred, making it essentia...

When a corporation dissolves, creditors may try to challenge distributions made to shareholders. However, California Corporations Code Section 5012 offers powerful legal protections, if used correctly. Business owners and their attorneys must understand how this statute operates and how it can bl...

Facing perjury charges under California Penal Code Section 118 or accusations of filing a false police report under PC 118.1 can have devastating legal and professional consequences. These are serious felony offenses that require prosecutors to prove specific intent and other complex elements. Un...

Tulare County Superior Court Rule 08-007 and Capital Defense Funding Procedures Tulare County Superior Court Rule 08-007 establishes comprehensive procedures for securing essential defense resources in capital cases through Penal Code section 987.9 funding requests. For capital defense attorneys...

A first-time DUI charge under California Vehicle Code 23536 may appear manageable at first glance, but the reality is far more severe. Even for first-time offenders, this statute mandates jail time, significant fines, and a license suspension that can disrupt employment and everyday responsibilit...

Being accused of stalking under California Penal Code Section 646.9 can seriously damage your reputation, career, and personal life. These charges carry severe consequences, including potential incarceration, fines, and long-lasting criminal records. Understanding what constitutes stalking under ...

The California Supreme Court's ruling in People v. Lynch (16 Cal. 5th 730) significantly reshaped sentencing law by mandating that aggravating factors used to justify upper term sentences must be found by a jury or stipulated by the defendant. This landmark decision strengthens defendants' consti...

California Penal Code Section 537 criminalizes the act of defrauding innkeepers by obtaining services or accommodations without payment and with the intent to deceive. This statute primarily targets fraud in hospitality settings such as hotels, motels, restaurants, and campgrounds. As the hospita...

Federal Economic Espionage Act Defense: Understanding and Fighting Trade Secret Theft Charges What Is the Economic Espionage Act? The Economic Espionage Act (EEA) of 1996 allows federal prosecutors to charge individuals and companies with stealing trade secrets. Unlike traditional theft laws, t...

Sacramento County Superior Court Rule 10.20 enhances criminal discovery by reinforcing prosecutors' obligations under both California Penal Code Section 1054.1 and constitutional disclosure standards. This dual requirement ensures that defense attorneys gain access to a more complete body of evid...