Can I Record a Conversation With Another Person Without Their Consent in California? (PC 632)
Can I Record a Conversation With Another Person Without Their Consent in California? (PC 632) The answer is NO in most circumstances. Under Penal Code Section 632, enacted under the California Invasion of Privacy Act, makes it illegal for an individual to monitor or record a "confidential communication" whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone,…
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Can I Demand That The Police Arrest A Person Who Committed A Crime Against Me?
Can I Demand That The Police Arrest A Person Who Committed A Crime Against Me? We are often asked this question. While you have the legal right to make a police report when you believe a crime has been committed against you, the decision as to whether to arrest the “suspect” is left to the complete discretion of law enforcement. If you want to increase the chances of the person…
Read MoreWhat Is The Difference Between Pleading Guilty And No Contest In A Criminal Case?
If you reach a plea agreement in a California criminal court, the judge will ask for your formal plea. Most people are thrown off by the fact that they can choose either to plead guilty or no contest. The question that would most typically run through their mind: What is the difference? By entering a plea of guilty, you are essentially admitting to the charges alleged against you. A plea…
Read MoreWhat is the Statute of Limitations on My Crime?
What is the Statute of Limitations on My Crime? In the legal world, the statute of limitations is a period of time after an alleged crime or incident in which prosecution or a legal suit may be initiated against you. This can be thought of as a deadline or cut-off date for someone to sue or prosecute you after an incident. Without a statute of limitations, you could be blind-sided…
Read MoreIf You Are A Guy And You Wear A Dress On A Plane The Airlines Can Kick You Off The Flight
If You Are A Guy And You Wear A Dress On A Plane The Airlines Can Kick You Off The Flight Recently airlines have refused to let passengers board or remain on a plane because of what they were wearing. A woman was kicked off of an American Airlines flight because she wore a T-Shirt that included the “F” Word. Another man wore a T-Shirt that said “Terrists gonna kill…
Read MoreWhen Am I Free To Leave A Police Encounter?
When Am I Free To Leave A Police Encounter? When determining whether a particular police encounter with a suspect amounted to a detention, an objective standard is used by the Courts. The question is, in view of all surrounding circumstances, would a reasonable person in the suspect’s position have believed he or she was not free to leave? If a reasonable person would have believed that he or she was…
Read MoreBeing Declared an “Idiot” is a Legal Defense
Being Declared an "Idiot" is a Legal Defense “My son is an idiot, thus he shouldn't be held criminally liable for that offense.” This statement was recently overheard by the mother of a defendant outside of a court room. While it is not certain if this woman’s son was literally an idiot or not, “idiocy” can be a legal defense. Believe it or not, if one is found legally to…
Read MoreI am Charged with Attempt to Commit a Crime. What Does That Mean?
I am Charged with Attempt to Commit a Crime. What Does That Mean? “I didn’t actually complete a crime. I simply started to commit a crime, but didn’t follow through with it. Is this still a crime?” From time to time, we get calls from callers wanting to know if such an occurrence still qualifies as a crime. They want to know if they can still be prosecuted even if…
Read MoreI’ve been charged with destroying evidence – Do I need an attorney? (Penal Code section 135)
I’ve been charged with destroying evidence – Do I need an attorney? (Penal Code section 135) Under California Penal Code section 135 destruction of evidence is defined as any person knowing that any book, paper, record, instrument in writing, or other matter or thing, is about to be produced in evidence upon any trial, inquiry, or investigation whatever, authorized by law, willfully destroys or conceals the same, with intent thereby…
Read MoreCourt Must Hold Evidentiary Hearing For Potential Brady Violation If Witheld Evidence Conflicts With Prosecution’s Theory At Trial
Court Must Hold Evidentiary Hearing For Potential Brady Violation If Witheld Evidence Conflicts With Prosecution’s Theory At Trial On November 5, 2009, in Williams v. Ryan, the Ninth Circuit Court of Appeals held that a defendant who is convicted after the prosecution’s suppression of material exculpatory evidence must have an in-court evidentiary hearing to determine whether the defendant requires a new trial. In 1992, appellant Aryon Williams was charged with…
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