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What Is “Reasonable Articulate Suspicion” When it comes to traffic stops, the Fourth Amendment of the United States Constitution protects drivers from unreasonable searches and seizures. However, police officers have been given broad authority when it comes to conducting traffic stops based on what is known as "reasonable articulate suspicion". In California, this means that […]
People v. Peterson | What Does The Prosecutor Have to Prove to Convict You of Stalking? Stalking is a serious criminal offense. It involves persistent and unwanted attention, harassment, or communication directed towards an individual without their consent. In California, stalking is considered a criminal offense and is punishable by law. California has specific laws […]
People v. Pomar | You May Be Able To Prevent The DA From Prosecuting You The concept of conflicts of interest is not new in the legal world. This is especially true in criminal trials where the stakes are high. A conflict of interest occurs when someone's personal interests or bias interferes with their ability […]
What Does A Prosecutor Have To Prove In A Burglary Case? Burglary is the act of unlawfully entering a building with the intention of committing a crime. In accordance with California Penal Code Section 459, burglary charges can be filed even without theft being involved. Burglary occurs when an individual enters a building, home, structure, […]
A Republican-Sponsored Bill Would Block Early Prison Release for Federal Carjacking Offenders Carjacking is a serious crime that has caused growing concern among many communities in the United States. In recent years, carjacking cases have become increasingly common, making it a critical issue for legislators to address. To this end, US Senator Tom Cotton of […]
What Are Crimes Involving Moral Turpitude? Crimes involving moral turpitude (CIMTs) are a general category of crimes that involve dishonesty or fraud, or a depraved act that shocks the conscience of a reasonable person. Such a crime always requires intent, meaning that the defendant must have willfully or intentionally acted with the knowledge that the […]
How Do Prosecutors Prove Hate Crimes? What Are Hate Crimes? California Penal Code Section 422.55 defines a hate crime as a criminal act committed because of an actual or perceived characteristic of the victim, such as the victim’s disability, gender, nationality, race or ethnicity, religion, or sexual orientation. Hate crimes can have an especially devastating […]
Can My Children Be Taken Away if I Smoke Marijuana? As we all know smoking marijuana or consuming marijuana as an “edible” is now legal in California. This is great news for all adults who enjoy using marijuana in one of many of its forms. However, what about for parents of young children? Can their […]
New Case Helps in the Fight against Felony Murder Convictions The fight to change California’s felony murder rule continues, but those in favor of changing it have gotten a powerful new ally. A recent case in the California Court of Appeal has reversed the first degree murder conviction of Ricky Lee Cobbs based on a […]
Penalties for Possessing a Gun after a Felony Conviction (PC 29800) If you are convicted of a felony offense, you will likely lose your Second Amendment right to keep and bear arms. So, what happens if you have been convicted of a felony and you are found to be in possessing of a firearm? Felon […]
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