To legally engage in sexual intimacy with another person, you first have to obtain their consent. However, not every person is capable of giving legal consent. Those under the influence of drugs and alcohol or with diminished cognitive capacity may not be able to...
From A Former Prosecutor
Year: 2022
Can you be arrested for talking about committing a crime?
Almost everyone has less-than-honest thoughts from time to time. While you may never act on your thoughts, there are situations when thinking and talking about committing a crime can result in conspiracy charges. To be charged with conspiracy, there are certain...
Failure to appear in court could have consequences
You have been charged with a crime and have been ordered to appear in court on a specific day and time. If you do not show up to the court-appointed session, you may be charged with failure to appear in court. In California, failure to appear in court may lead to the...
What does it mean to have protection from double jeopardy?
The United States Constitution’s Fifth Amendment sets specific protections for people who are facing criminal charges in this country. One of these protects them against double jeopardy, which means being tried for the same crime more than once. Many people don’t...
Understanding the 3 types of restraining orders in California
When a love story turns into a bitter disagreement with incidents of abuse, you need to secure your safety as well as those you care about. If you are a victim of domestic violence, it helps to know that you are not alone. The law allows you to obtain an order of...
Get the facts straight about theft and California’s prop 47
Since Proposition 47 passed in 2014, many residents have taken advantage of the ability to reclassify theft crimes from felonies to misdemeanors. Unfortunately, the misinformation surrounding prop 47 has led some to believe they can take items that do not belong to...
What you should know about intellectual piracy
Much of today’s information can be found at the touch of a finger. There are plenty of streaming services that provide a plethora of TV shows and movies. Most books and music can be found through similar internet services. Every form of entertainment is easily...
Did an eyewitness get it wrong in your case?
You’ve lived in California for several years and never had a run-in with the law. Now, you find yourself facing criminal charges. Law enforcement claims that you were at the scene and committed the offense in question. Later, it turns out that an eyewitness has...
Can coffee make you sober?
If you've been drinking and you want to get sober so that you can drive home, you may decide to order a cup of coffee. People often say that a nice cup of coffee can make you feel sober, so they'll recommend it as a tactic for driving home safely and avoiding a DUI....
Chain of custody errors could affect the direction of your case
When the police get evidence after executing a search warrant or after making an arrest, there is a procedure they are supposed to follow when handling it for it to be admissible in court. If they make mistakes that suggest someone has tampered with the evidence, the...