Consequences for Marijuana Cultivation in California (HS 11358)
Consequences for Marijuana Cultivation in California (HS 11358) California has strict laws regarding illegal drugs. Possessing up to an ounce of marijuana is an infraction that carries a fine of $100. However, distributing, selling or cultivating the drug are crimes that carry severe penalties. In fact, it doesn’t matter if you are growing marijuana for personal use, patient use or to sell on the street; cultivation of an illegal substance…
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Theft by False Pretenses (PC 484)
Theft by False Pretenses (PC 484) Under California Penal Code sections 484 and 532, theft by false pretenses is the fraudulent or deceitful acquisition of both title and possession of someone else’s property. In other words, you can be charged with theft by false pretenses if you, by design or plan, lie or give a false promise in order to convince another person to voluntarily pass ownership of his or…
Read MoreThe Cost of Not Hiring an Attorney for a Pre-filing Investigation
The Cost of Not Hiring an Attorney for a Pre-filing Investigation If you are being investigated for a crime but you have yet to be charged, it is very important that you hire a lawyer immediately. It can make the difference between spending time in custody and avoiding criminal charges. The sooner your attorney begins planning your defense, protecting your constitutional rights and negotiating with the appropriate investigative agency, the…
Read MoreDo Police Need a Warrant to Search My Hotel Room?
Do Police Need a Warrant to Search My Hotel Room? The 4th Amendment protects citizens from unreasonable searches and seizures. In order for the 4th Amendment to apply though, you must have a reasonable expectation of privacy in the place being searched. It is clear that you have a reasonable expectation of privacy in your own home. The U.S. Supreme Court and California have said that you also have a…
Read MoreThe Consequences of School Expulsion
The Consequences of School Expulsion If your child is expelled from school, the consequences are not just having to move to a new school out of the district. It can impact your child long into adulthood. Expulsion carries a stigma that can affect your child’s ability to go to college, obtain a job, and can otherwise significantly impact his or her future prospects. Suspensions and expulsions are widespread across the…
Read MoreHe Said, She Said: The Difficulty of Evidence in Domestic Violence Cases
He Said, She Said: The Difficulty of Evidence in Domestic Violence Cases If you ask a prosecutor to list the most difficult cases in his or her career, the chances are pretty good that at least one of those cases will have been in the area of domestic violence. These cases are often very difficult to prove, largely because the kind of evidence that is present in other cases is usually…
Read MoreWhat to Expect if You are Charged with Larceny in California
What to Expect if You are Charged with Larceny in California California theft and larceny laws are found in California Penal Code Sections 484 and 487. Though some states consider theft and larceny to be separate crimes, in California those two terms are interchangeable. You could be charged with a misdemeanor or felony for larceny depending upon the value of the stolen goods and your criminal history. That is why…
Read MoreHow Your Sentence Can Be Affected by Gang Affiliation PC 186.22
How Your Sentence Can Be Affected by Gang Affiliation PC 186.22 Sentencing for a felony depends on a number of factors that range from the court’s discretion to the level of violence involved in the felony. In California, sentencing can be enhanced to include a greater punishment if it is found you were involved with a gang when you committed a felony offense. The History of Penal Code 186.22 In…
Read MoreCan Police Search Your Car During an Unlawful Traffic Stop?
Can Police Search Your Car During an Unlawful Traffic Stop? Legally, police officers must have probable cause to pull over drivers. Without probable cause, charges cannot be brought and any evidence collected during the stop cannot be used in a court of law. However, a recent Supreme Court ruling may allow police who misunderstand the law to bypass probable cause. The United States Supreme Court recently ruled that there are…
Read More7 Unusual Criminal Defenses that Actually Worked
7 Unusual Criminal Defenses that Actually Worked Every once in a while, a criminal attorney will earn a victory by coming up with an inspired, passionate, and completely crazy strategy that ends up reducing the charges against their client or setting their client free. Here is a look at some novel defenses that had prosecutors wringing their hands and gnashing their teeth as they watched what they thought was sure…
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