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DUI, Driving on a suspended license and too many points - Negligent Operator
As if you didn’t have enough to worry about in a DUI case - license suspension, fines, probation, etc. - Be careful about getting too many “points” on your license. The DMV assesses a “point” value to...
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Can they trace me by my license plate if I stole?
A question was recently asked about whether or not store security (a.k.a. “Loss Prevention”) could track somebody if they ran out and got into their car, but were followed. To make matters potentially...
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How do I choose an attorney for my criminal case?
Is there such a thing as a “win-loss” record I can check? If you’re facing criminal charges of any sort and are looking for an attorney, how do you pick one? Who is going to represent you in court?...
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Arrested for DUI and scheduled a DMV hearing - what does a “stay” mean?
If you were arrested for DUI and contacted the DMV within 10 days to schedule a hearing, they will send you a letter indicating that the suspension is “stayed” pending the outcome of the hearing. What...
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Speedy trial rights and the 10 day rule
If you are ever in court and hear cases referred to as being on day “zero of ten” or ” ____ of 10″ - what does that mean? There are two typical scenarios where the ten days comes into play. First is...
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How can you find what’s on your background check?
How do I find out what shows up on my background check? Many people ask what shows up on their criminal history. Sometimes, it’s because they were detained by the police, but weren’t sure if they were...
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Should I give a statement to the police?
What’s wrong with giving a statement to the police? If I didn’t do anything wrong, what’s the harm in giving a statement to the police? Even if somebody doesn’t want to press charges against you after...
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Penal Code 288.4 - Arranging a meeting with a minor for lewd purposes
Under California Penal Code 288.4, it is illegal to arrange to meet a minor (or a person you believe to be a minor) for sexual purposes. The full text of the law is: 288.4 (a)(1) Every person who,...
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What is a Bench Warrant?
I just found out I have a Bench Warrant for my arrest! What does that mean? Simply put, a bench warrant is a warrant for your arrest issued by a judge not necessarily for new charges, but because you...
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Grand Theft - of a firearm [Penal Code 487(d)]
The crime of “theft” is generally defined in Penal Code section 484. There are several different theft crimes, depending on the value of the property, how the property is taken or in this case, what...
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What is a “serious felony” in the Three Strikes law?
Is any felony charge a “strike”? California’s “Three Strikes” law was passed in 1994. Many people think that every felony conviction is a “strike” so a third felony must mean they’re facing 25-life...
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What is a “Violent Felony” in the Three Strikes law?
Is Every Felony a “Strike” in California? California’s “Three Strikes” law was passed in 1994. Many people think that every felony conviction is a “strike”. They aren’t. Only “serious” and “violent”...
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Motion to dismiss a felony - Penal Code section 995
What is a “995 motion”? In felony cases, there are several procedural safeguards in place before your case goes to trial. In California, there are two ways for your felony to move forward - either by...
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Possession of Burglary Tools (Penal Code section 466)
Even if you don’t actually commit a burglary by entering a structure (see this post for more information about burglary), California still outlaws the possession of certain items. Under Penal Code...
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Orange County DUI patrols ramping up
DUI Patrols are increasing The Orange County Sheriff’s Department has announced their annual increase in the number of officers on the street for their “DUI saturation” patrols. They are calling this...
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Orange County DUI checkpoints December 2012
. The Orange County Sheriff’s Department has announced this year’s upcoming DUI checkpoint dates and locations. They are also conducting extra “saturation patrols” and making an effort to serve...
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Arrested for shoplifting? Here are the possible charges
There isn’t really one charge of “shoplifting” in the California Penal Code. There are theft charges and other related crimes on the books. First - Petty Theft (Penal Code 484 and 488) In general,...
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DUI Checkpoint tonight in Orange County (December 20, 2012)
Checkpoint in Westminster tonight As previously announced, there will be a DUI and Driver’s License checkpoint tonight in Westminster from 7:00 pm until 3:00 tomorrow morning. The specific location...
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Arrested in Orange County? Now what?
First - Should you post bail? If your loved one has been arrested, the first decision to make is whether or not to post bail. When a person is booked into jail, the top charge will determine how much...
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Negligent Discharge of a Firearm - Penal Code 246.3
California has two laws on the books for discharge of a firearm or BB gun in a manner that might cause harm. Ordinarily, laws are designed to punish for what you have done and not just what might...
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