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Penal Code Section 995 provides that the information must be set aside by the court if the defendant has been committed without reasonable or probable cause. Reasonable and probable cause means a ...

Penal Code Section 995 provides that the information must be set aside by the court if the defendant has been committed without reasonable or probable cause. Reasonable and probable cause means a ...

If a person is arrested and charged with a crime, does the defendant have to prove (s)he is innocent? No. Under the law, a defendant ispresumed innocent until a judge or jury finds him or her guilty. ...

Victims; Sexual Assault; Medical Exams; Prohibited Conditions and Costs New Law for 2012!! What it is all about: Amends Government Code Section 17612, and Penal Code Sections 13823.7, 13823.13, and ...

Assault Recodified New Laws for 2012!! What it is all about: This change in the law amends Penal Code Section 245 Penal Code Section 245 used to include both assault likely to produce great bodily ...

Penal Code Section 995 provides that the information must be set aside by the court if the defendant has been committed without reasonable or probable cause. Reasonable and probable cause means a ...

Penal Code Section 995 provides that the information must be set aside by the court if the defendant has been committed without reasonable or probable cause. Reasonable and probable cause means a ...

Can my lawyer repeat what I say to anyone without my permission? The most basic principle underlying the lawyer-client relationship is that lawyer-client communications are privileged, or ...

Bail: Returned Fugitives: Adds Penal Code Section 1554.3 What this means for you: This bill would provide that after a person has been brought back to this state by extradition proceedings, the person ...

Penal Code Section 243(e): Battery Against Spouse, Cohabitant, Co-Parent What it is all about: Penal Code Section 243(e) prohibits the commission of a battery against a spouse, former spouse, ...

Battery: Against Security Officers and Custody Assistants: New Laws for 2012!! What it is all about: Amends Penal Code Section 243 by adding "Security officer" and "custody ...

Child Abuse and Neglect Counseling What it is all about: Children may be abused during the course of a domestic violence situation. The prosecutor may refer a person who is suspected of committing an ...

Continuances: What it is all about: The court may grant continuances in a criminal case on a showing of good cause. To continue a criminal proceeding, the party requesting the continuance must file a ...

Effective January 1, 2012: Penal Code Section 166 is amended by adding the following : 166.(a) A person guilty of any of the following contempts of court is guilty of a misdemeanor: (6) Willful ...

Penal Code Section 995 provides that the information must be set aside by the court if the defendant has been committed without reasonable or probable cause. Reasonable and probable cause means a ...

If a person is arrested and charged with a crime, does the defendant have to prove (s)he is innocent? No. Under the law, a defendant ispresumed innocent until a judge or jury finds him or her guilty. ...

In September 2011, the Legislature debated the merits of AB 520, which lists new criteria for obtaining a restricted driver's license after entering a plea to a "Wet Reckless". The ...

Penal Code Section 995 provides that the information must be set aside by the court if the defendant has been committed without reasonable or probable cause. Reasonable and probable cause means a ...

Penal Code Section 995 provides that the information must be set aside by the court if the defendant has been committed without reasonable or probable cause. Reasonable and probable cause means a ...

Vehicle Code section 23136 makes it unlawful for a person under 21 years of age to drive with a blood-alcohol concentration (BAC) of 0.01 percent or more, as measured by a preliminary alcohol ...

Effective January 1, 2012: Penal Code Section 166 is amended by adding the following : 166.(a) A person guilty of any of the following contempts of court is guilty of a misdemeanor: (6) Willful ...

Penal Code Section 995 provides that the information must be set aside by the court if the defendant has been committed without reasonable or probable cause. Reasonable and probable cause means a ...

Modification of Criminal Protective Order Section 3.5 What it is all about: Victims and even defendants frequently request the court to modify a criminal court protective order issued as a complete ...

Under previous law, the misdemeanor and infraction dismissal statute (Penal Code Section 1203.4a) was read to prohibit relief if the person re-offended during the first year after being sentenced. The ...

Criminal Threats and Sustained Fear: Penal Code section 422 requires the person threatened to be in sustained fear for his safety. The requirement that the threats cause the victim to be in sustained ...

Dismissals: Judicial Authority Under Penal Code Section 1385 What it is all about: A judge may on his own motion or on the application of the prosecutor and in furtherance of justice order an action ...

No Civil Compromise of Domestic Violece Offenses Penal Code Section 1377 prohibits civil compromise of misdemeanor domestic violence offenses. Penal Code Section 1377 excludes from civil compromise ...

Penal Code Section 243(e): Battery Against Spouse, Cohabitant, Co-Parent What it is all about: Penal Code Section 243(e) prohibits the commission of a battery against a spouse, former spouse, ...

Domestic Violence and Continuous Course of Conduct What it is all about: When a complaint charges a defendant with a single criminal act and the evidence at trial shows more than one unlawful act, the ...

Effective January 1, 2012, a court may, at sentencing of any domestic violence case, issue a restraining order regardless of whether or not the defendant is sentenced to the state prison or a county ...

Upon receipt of an order to seal an adult, juvenile or portion of a record, the Department of Justice will seal the record or portion of the record in the Automated Criminal History System. In ...

Upon receipt of a petition to seal, DOJ will analyze the order to ensure the petition has the signature of the LEA representative or court official. The order must be checked "Petition ...

Section 23140(a) of the Vehicle Code makes it illegal for a person under 21 years of age to drive a vehicle when he or she has 0.05 percent or more, by weight, of alcohol in his or her blood. In 1999, ...

Prior to 1/1/2012, the law required that if a person was convicted of a specified DUI offense within 10 years of 2, or 3, or more prior specified DUI offenses that the person be punished by enhanced ...

In September 2011, the Legislature debated the merits of AB 520, which lists new criteria for obtaining a restricted driver's license after entering a plea to a "Wet Reckless". The ...

Deferred Entry of Judgement for Drug Offenders What it is all about: In cases in which the defendant appears to have a substance abuse problem and is charged with a drug offense, he may be eligible to ...

Upon receipt of an order to seal an adult, juvenile or portion of a record, the Department of Justice will seal the record or portion of the record in the Automated Criminal History System. In ...

Upon receipt of a petition to seal, DOJ will analyze the order to ensure the petition has the signature of the LEA representative or court official. The order must be checked "Petition ...

Vehicle Code section 23136 makes it unlawful for a person under 21 years of age to drive with a blood-alcohol concentration (BAC) of 0.01 percent or more, as measured by a preliminary alcohol ...

Section 23140(a) of the Vehicle Code makes it illegal for a person under 21 years of age to drive a vehicle when he or she has 0.05 percent or more, by weight, of alcohol in his or her blood. In 1999, ...

Prior to 1/1/2012, the law required that if a person was convicted of a specified DUI offense within 10 years of 2, or 3, or more prior specified DUI offenses that the person be punished by enhanced ...

Prior to 1/1/2012, the law required that if a person was convicted of a specified DUI offense within 10 years of 2, or 3, or more prior specified DUI offenses that the person be punished by enhanced ...

A request for an attorney invokes the privilege to remain silent. The request for an attorney must be made in response to interrogation. A request for counsel upon arrest does not invalidate a later ...

Foreign language advisement Advisement of rights in a foreign language may result in an insufficient Miranda advisement if the proper words are not used. For instance in one case the Spanish word for ...

Effective for 2012, amended Penal Code Section 368 increases fines for theft, embezzlement, forgery, fraud and identity theft and identity crimes against an elder or dependent adult. Specifically, the ...

Elder Abuse: Preservation of property for Restitution: New Laws for 2012!! What it is all about: Adds Penal Code Section 186.12 Existing law provides criminal penalties for any person who commits a ...

Evidentiary Considerations Witness Unavailable A witness who is physically available but refuses to testify, after the court has used all reasonable avenues to coerce the witnesses testimony is ...

Exculpatory Evidence Related to Victim What it is all about: Under Penal Code Section 1054.1 (e) a prosecutor must disclose exculpatory evidence to the defendant or to his attorney, if it is in the ...

Under previous law, the misdemeanor and infraction dismissal statute (Penal Code Section 1203.4a) was read to prohibit relief if the person re-offended during the first year after being sentenced. The ...

Upon receipt of an order to seal an adult, juvenile or portion of a record, the Department of Justice will seal the record or portion of the record in the Automated Criminal History System. In ...

Law enforcement - the police - have no duty to advise a minor that he may call his parents. However juvenile arrests trigger certain advisement requirements. There is an exception to the rules ...

Do courts provide interpreters for non-English speakers? Yes . At critical stages of a case, a judge will appoint an interpreter to translate for defendants who have substantial difficulty speaking ...

Defendants charged with crimes are almost always best served by obtaining a lawyer. Are all criminal defendants represented by lawyers? Not all are, but most criminal defendants choose to be ...

Upon receipt of an order to seal an adult, juvenile or portion of a record, the Department of Justice will seal the record or portion of the record in the Automated Criminal History System. In ...

Firearm Restrictions and Domestic Violence What it is all about: A defendant subject to a Penal Code section 136.2 protective order may not own, posess, purchase, receive, or attempt to purchase or ...

For 2012, the law adds a new Chapter 6 (commencing with Section 26350) to Division 5 of Title 4 of Part 6 of the California Penal Code. Chapter 6 is titled "Openly Carrying an Unloaded ...

Upon receipt of an order to seal an adult, juvenile or portion of a record, the Department of Justice will seal the record or portion of the record in the Automated Criminal History System. In ...

A request for an attorney invokes the privilege to remain silent. The request for an attorney must be made in response to interrogation. A request for counsel upon arrest does not invalidate a later ...

Regarding vehicle liability insurance changes On January 1, 2006 all insurance companies were required to report insurance status to DMV for all private use vehicles. As of July 1, 2006 law ...

Why are some suspects taken to jail while others remain free? Many suspects are taken to jail upon arrest while others receive citations to appear in court and are allowed to remian free in the ...

Upon receipt of an order to seal an adult, juvenile or portion of a record, the Department of Justice will seal the record or portion of the record in the Automated Criminal History System. In ...

A request for an attorney invokes the privilege to remain silent. The request for an attorney must be made in response to interrogation. A request for counsel upon arrest does not invalidate a later ...

Foreign language advisement Advisement of rights in a foreign language may result in an insufficient Miranda advisement if the proper words are not used. For instance in one case the Spanish word for ...

Upon receipt of an order to seal an adult, juvenile or portion of a record, the Department of Justice will seal the record or portion of the record in the Automated Criminal History System. In ...

A request for an attorney invokes the privilege to remain silent. The request for an attorney must be made in response to interrogation. A request for counsel upon arrest does not invalidate a later ...

Foreign language advisement Advisement of rights in a foreign language may result in an insufficient Miranda advisement if the proper words are not used. For instance in one case the Spanish word for ...

A request for an attorney invokes the privilege to remain silent. The request for an attorney must be made in response to interrogation. A request for counsel upon arrest does not invalidate a later ...

Foreign language advisement Advisement of rights in a foreign language may result in an insufficient Miranda advisement if the proper words are not used. For instance in one case the Spanish word for ...

Law enforcement - the police - have no duty to advise a minor that he may call his parents. However juvenile arrests trigger certain advisement requirements. There is an exception to the rules ...

Foreign language advisement Advisement of rights in a foreign language may result in an insufficient Miranda advisement if the proper words are not used. For instance in one case the Spanish word for ...

Law enforcement - the police - have no duty to advise a minor that he may call his parents. However juvenile arrests trigger certain advisement requirements. There is an exception to the rules ...

Regarding vehicle liability insurance changes On January 1, 2006 all insurance companies were required to report insurance status to DMV for all private use vehicles. As of July 1, 2006 law ...

Effective January 1, 2012: Penal Code Section 166 is amended by adding the following : 166.(a) A person guilty of any of the following contempts of court is guilty of a misdemeanor: (6) Willful ...

Effective for 2012, amended Penal Code Section 368 increases fines for theft, embezzlement, forgery, fraud and identity theft and identity crimes against an elder or dependent adult. Specifically, the ...

Effective January 1, 2012, a court may, at sentencing of any domestic violence case, issue a restraining order regardless of whether or not the defendant is sentenced to the state prison or a county ...

Peaceful Contact Orders and Domestic Violence for Exchance of Children What it is all about: A judge may issue a Penal Code Section136.2 criminal protective order that allows the defendant to have ...

Peeping: Increased Penalties: New Laws for 2012!! What it is all about: Amends Penal Code Section 657 by adding "mobile phones" and adding new penalty provisiions. Existing law estaiblishes ...

Professional Licenses and Certificates: Physicians and Surgeons While Incarerated for Misdemeanor New Laws for 2012!! What it is all about: Adds B usiness and Professions Code section 2236.2 (a) A ...

Restitution Fines: Minimums Increased New Laws for 2012!! What it is all about: Amends Penal Code Section 1202.4 Existing law provides that the restitution fine shall not be less than $200 for a ...

Restitution: Identity Theft New Laws for 2012!! What it is all about: Amends Penal Code Section 1202.4 Existing law establishes a procedure for purposes of imposing restitution obligation on ...

Foreign language advisement Advisement of rights in a foreign language may result in an insufficient Miranda advisement if the proper words are not used. For instance in one case the Spanish word for ...

Law enforcement - the police - have no duty to advise a minor that he may call his parents. However juvenile arrests trigger certain advisement requirements. There is an exception to the rules ...

Regarding vehicle liability insurance changes On January 1, 2006 all insurance companies were required to report insurance status to DMV for all private use vehicles. As of July 1, 2006 law ...

Vehicle Code section 23136 makes it unlawful for a person under 21 years of age to drive with a blood-alcohol concentration (BAC) of 0.01 percent or more, as measured by a preliminary alcohol ...

In September 2011, the Legislature debated the merits of AB 520, which lists new criteria for obtaining a restricted driver's license after entering a plea to a "Wet Reckless". The ...

Foreign language advisement Advisement of rights in a foreign language may result in an insufficient Miranda advisement if the proper words are not used. For instance in one case the Spanish word for ...

Vehicle Code section 23136 makes it unlawful for a person under 21 years of age to drive with a blood-alcohol concentration (BAC) of 0.01 percent or more, as measured by a preliminary alcohol ...

Foreign language advisement Advisement of rights in a foreign language may result in an insufficient Miranda advisement if the proper words are not used. For instance in one case the Spanish word for ...

Law enforcement - the police - have no duty to advise a minor that he may call his parents. However juvenile arrests trigger certain advisement requirements. There is an exception to the rules ...

Foreign language advisement Advisement of rights in a foreign language may result in an insufficient Miranda advisement if the proper words are not used. For instance in one case the Spanish word for ...

Law enforcement - the police - have no duty to advise a minor that he may call his parents. However juvenile arrests trigger certain advisement requirements. There is an exception to the rules ...

Regarding vehicle liability insurance changes On January 1, 2006 all insurance companies were required to report insurance status to DMV for all private use vehicles. As of July 1, 2006 law ...

In September 2011, the Legislature debated the merits of AB 520, which lists new criteria for obtaining a restricted driver's license after entering a plea to a "Wet Reckless". The ...

Foreign language advisement Advisement of rights in a foreign language may result in an insufficient Miranda advisement if the proper words are not used. For instance in one case the Spanish word for ...

Law enforcement - the police - have no duty to advise a minor that he may call his parents. However juvenile arrests trigger certain advisement requirements. There is an exception to the rules ...

Vehicle Code section 23136 makes it unlawful for a person under 21 years of age to drive with a blood-alcohol concentration (BAC) of 0.01 percent or more, as measured by a preliminary alcohol ...

In September 2011, the Legislature debated the merits of AB 520, which lists new criteria for obtaining a restricted driver's license after entering a plea to a "Wet Reckless". The ...

From 12:01 am August 19 through midnight Saturday officers from 13 law enforcement agencies in Santa Clara County arrested 356 persons for driving under the influence of drugs and/or alchohol. The 18 ...

Law enforcement - the police - have no duty to advise a minor that he may call his parents. However juvenile arrests trigger certain advisement requirements. There is an exception to the rules ...

Regarding vehicle liability insurance changes On January 1, 2006 all insurance companies were required to report insurance status to DMV for all private use vehicles. As of July 1, 2006 law ...

The law does not impose a duty on the district attorney to collect evidence that might benefit the defense. Once evidence however is collected due process imposes on the prosecution a duty to preserve ...

Vehicle Code section 23136 makes it unlawful for a person under 21 years of age to drive with a blood-alcohol concentration (BAC) of 0.01 percent or more, as measured by a preliminary alcohol ...

Prior to 1/1/2012, the law required that if a person was convicted of a specified DUI offense within 10 years of 2, or 3, or more prior specified DUI offenses that the person be punished by enhanced ...

In September 2011, the Legislature debated the merits of AB 520, which lists new criteria for obtaining a restricted driver's license after entering a plea to a "Wet Reckless". The ...

Regarding vehicle liability insurance changes On January 1, 2006 all insurance companies were required to report insurance status to DMV for all private use vehicles. As of July 1, 2006 law ...

The law does not impose a duty on the district attorney to collect evidence that might benefit the defense. Once evidence however is collected due process imposes on the prosecution a duty to preserve ...

The dismissal of a case pursuant to Penal Code Section 995 terminates the criminal action. Thus, when charges are refiled by the prosecutor after a Section 995 dismissal, the refiled charges ...

Effective for 2012, amended Penal Code Section 368 increases fines for theft, embezzlement, forgery, fraud and identity theft and identity crimes against an elder or dependent adult. Specifically, the ...

Regarding vehicle liability insurance changes On January 1, 2006 all insurance companies were required to report insurance status to DMV for all private use vehicles. As of July 1, 2006 law ...

The law does not impose a duty on the district attorney to collect evidence that might benefit the defense. Once evidence however is collected due process imposes on the prosecution a duty to preserve ...

The dismissal of a case pursuant to Penal Code Section 995 terminates the criminal action. Thus, when charges are refiled by the prosecutor after a Section 995 dismissal, the refiled charges ...

Shark Fins New Laws for 2012!! What it is all about: Adds Fish and Game Code Section 2021 The law would make it unlawful for any person to possess, sell, offer for sale, trade, or distribute a shark ...

Stalking and Continuous Course of Conduct Stalking under Penal Code section 646.9 has been held to be a continuous course of conduct crime to which unanimity instruction requirement does not apply. By ...

Defendants Statements to Probation Officers - What it is all about: Evidence Code Section 1040 which provides public entities with a privilege to refuse to disclose official information, has been held ...

Subpoena What it is all about: Witnesses should be subpoenaed to give testimony in court. Most witnesses will appear as ordered. There may be cases in which the court will have to issue a warrant and ...

Tattoos "The California Voluntary Tattoo Removal Program" New Laws for 2012!! What it is all about: Adds Welfare and Institutions Code Section 1916 This law establishes the California ...

What is Traumatic Condition? A "traumatic condition" in a domestic violence case is a wound or external or internal injury whether of a minor or serious nature that is caused by physical ...

Regarding vehicle liability insurance changes On January 1, 2006 all insurance companies were required to report insurance status to DMV for all private use vehicles. As of July 1, 2006 law ...

The law does not impose a duty on the district attorney to collect evidence that might benefit the defense. Once evidence however is collected due process imposes on the prosecution a duty to preserve ...

The dismissal of a case pursuant to Penal Code Section 995 terminates the criminal action. Thus, when charges are refiled by the prosecutor after a Section 995 dismissal, the refiled charges ...

Victims; Sexual Assault; Medical Exams; Prohibited Conditions and Costs New Law for 2012!! What it is all about: Amends Government Code Section 17612, and Penal Code Sections 13823.7, 13823.13, and ...

Victim's Rights: Pre-hearing Sequester of Victim's Impact Statement New Law for 2012!! What it is all about: Amends Penal Code Section 679.02 Penal Code section 679.02 provides that the ...

Voting: Caretaker Deceiving Elder New Laws for 2012!! Adds Elections Code Section 18573.5 This bill provides that a person is guilty of a misdeamoner if he or she, while providing care or direct ...

New Laws for 2012!! Aggravated White Collar Crime: Restitution: Preservation of Assets New legislation amends Penal Code Section 186.11 What it is all about: The existing law provides for extra ...