The Impact of California’s Three Strikes Law on Criminal Defense
What Is California's Three Strikes Law? California has a stringent sentencing law known as the three strikes law, which mandates a prison sentence of 25 years to life for someone who's convicted of a violent or serious felony and already had two similar convictions on their record. It also limits the privilege of "custody credits," [...]
Understanding California’s Castle Doctrine (Stand Your Ground)
If someone kills someone while protecting their home, they may have a case for not being convicted of a crime under California's Castle Doctrine. Here's what you need to know about this law and how it applies to various cases. What Is California's Castle Doctrine Law? In California, Penal Code 198.5 is the Castle Doctrine. [...]
Are Red Light Speeding Camera Tickets Considered Constitutional in California?
There's been much discussion online and in legal communities about red light speeding camera tickets and whether or not they're constitutional. Sometimes, opinion is presented as fact. Here are the facts about California's laws regarding these types of tickets. What Does California's Constitution Say About Speeding Tickets Triggered by Red Light Cameras? As of 2014, [...]
Can You Be Charged With Murder in California for Killing Someone in Self-Defense?
It might seem logical that if someone killed someone else in self-defense, it should be easy to prove and avoid murder charges. But that's not always the case. There are specific circumstances in which self-defense is a valid defense in avoiding murder convictions. Here's what you need to know. What Does it Take for Self-Defense [...]
What Is the Difference Between First-Degree and Second-Degree Burglary?
It might seem logical to think that burglary is burglary–it involves things being stolen. But in fact, mitigating circumstances make some instances of burglary more severe than others, especially in terms of outcomes. Here's what you need to know about first- and second-degree burglary in California. What Is First-Degree Burglary, and What Are the Penalties? [...]
Can a Person Recant a Statement in a Police Report?
It's not uncommon for someone to give a report of a crime to the police, then later realize that maybe they shouldn't have said all or part of what they said and wonder if it's possible to recant. The short answer is yes, it's possible to recant–but there are some caveats to be aware of [...]
The Impact of Prop 47 on Drug Possession Offenses in Orange County
How California law handled drug possession offenses changed dramatically in 2014 when Proposition 47 (commonly known as Prop 47) was passed. It had a profound effect on people charged with drug possession. Here's what you need to know. What Is Prop 47? Prop 47 was a ballot measure approved by California voters in November 2014. [...]
What Does Dismissed with Prejudice Mean?
Someone facing criminal charges would be delighted to learn that the judge has agreed to dismiss their case. However, there are two ways a case can be dismissed, and they have potentially significantly different outcomes. Here's the answer to what does, "dismissed with prejudice" mean. What Does Prejudice Mean in a Court Case? When a [...]
When Can Police Search My Car in California?
Being pulled over by law enforcement is always a stressful situation, but even more so when the officer wants to search your car. Often, people don't realize what their rights are in this situation–or that they even have rights at all. Here's what you need to know. Does a Police Officer Need a Warrant to [...]
Is “Sexting” a Crime in California?
The ever-increasing quality of cell phone photos and videos, not to mention the ubiquity of social media and other communication apps, has changed how many people shoot photos and videos today. The simplicity of capturing a video or photo with an always-present cell phone allows parents to capture quick moments in their child's lives or [...]
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