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Search Warrants in California

Search Warrants in California

Search Warrants in California One of the most sacrosanct rights that a citizen has in the United States is liberty, especially abode and the sanctity of their home. Enshrined in the Constitution is the right against unlawful arrest and seizure and as such when search...

Expungement Consequences in California

Expungement Consequences in California

Expungement Consequences in California In California, expungement is the legal option allowing individuals with convictions to reverse the judgment or plea leading to a dismissal of the case. Under the California Penal Code 1203.4, this option is allowed for...

Expungement Law in California

Expungement Law in California Expungement is based on the California Penal Code, which is copied in verbatim below under Sec 1203.4: (a) In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been...

Product liability claim for defective medical equipment

Product liability claim for defective medical equipment

Product liability claim for defective medical equipment If you were injured or harmed by the use of a defective medical device in Los Angeles and you need to sue the manufacturer or any other person responsible for recovering damages, do not hesitate to contact our...

Defense for drug possession

Defense for drug possession

Defense for drug possession - Lawyer For cases of defense for possession of drugs or any other criminal matter, the law office of Lluis Law, can represent from the beginning of the criminal investigation until the end in the reopening and cancellation of a motive or...

What is robbery?

What is robbery?

What is robbery? Robbery is a crime against persons instead of being a crime against property. It is penalized under Articles 211-215 of the California Penal Code. In the crime of robbery, while there is an unlawful taking of personal property possessed by another and...

Receiving stolen property

Receiving stolen property

Receiving stolen property is punished under 496, 496a, 496b, 496c, 496d and 496e of the California Penal Code. When junk dealing or secondhand dealing is considered theft When a junk dealer or secondhand materials dealer buys or receives wire, cable, copper, lead,...

Larceny in California

Larceny in California

Larceny involves an unlawful taking that does not involve breaking or entering the privacy of homes or other structures as in burglary. Larceny usually involves the unlawful taking of personal property such as money, jewelry, credit cards, firearms or other physical...

Fraud in California

Fraud in California

Theft by Fraud Fraud is not punished by itself. It is punished as a specific means of committing theft. When is there theft by fraud? Under 484 (b)(2) of the California Penal code, theft by fraud is presumed when a person signs a lease or rental contract but fails to...

What is embezzlement

What is embezzlement

What is embezzlement? Under the California Penal Code, embezzlement is a kind of theft committed by a person entrusted with property of another. It is defined and penalized in Articles 503-515 of the California Penal Code. It involves a person using fraudulent means...

What is burglary

What is burglary

How is burglary committed? Burglary involves breaking and entering a structure intending to commit grand or petty larceny. Burglary is committed by entering a structure that is locked or used for dwelling purposes even if occupied or unoccupied to take property...

Criminal Identity theft

Criminal Identity theft

What is identity theft? Identity theft is a public crime that is classified under the California Penal Code as false personation and cheats. It is a type of impersonation, but it includes the use of information and communication technology or systems. Under this...

Crimes against property

Crimes against property

What are crimes against property? Crimes against property are those class of crimes that deal with the taking of or destruction of private property. Examples of crimes against property are theft, burglary, larceny and arson however, crimes such as fraud and...

Child endangerment laws

Child endangerment laws

Child Endangerment What other charges can possibly be brought against defendants who are accused of manufacturing controlled substances? Defendants who are parents with minor children may be charged with child endangerment on top of the drug charges. They may be...

What is a controlled substance

What is a controlled substance

What is possession for sale? In California, a person may be arrested, tried and convicted for possessing for sale or for purchasing for purpose of sale, controlled drugs. This is also more commonly referred to as drug trading or drug dealing. It is penalized under...

Criminal Charges and Parties to Crimes

Criminal Charges and Parties to Crimes

Criminal Charges and Parties to Crimes All felonies in California are prosecuted by the filing of an indictment or an information. An information is filed by the District Attorney only after a preliminary examination of the case against the defendant. The District...

Marijuana laws in California

Marijuana laws in California

California Marijuana Laws Marijuana and cannabis are terms that refer to the plant with the scientific name of Cannabis Indica, Cannabis Sativa and Cannabis Ruderalis. It comes in different forms: as dried leaves, hemp, or as oil. It can be smoked, used in recipes,...

Misappropriation of property

Misappropriation of property

Under Section 485 of the California Penal Code, finders cannot always be keepers. What is appropriation of lost property? It is an act that is considered as theft. How can a person commit this crime? Anyone who finds property belonging to another and appropriates the...

Aiding and Abetting

Aiding and Abetting

Aiding and Abetting This is a criminal charge that may be brought against a person who helps or assists in the commission of a crime without committing the crime itself. The person who commits the crime itself is the principal. The person who assists or aids and abets...

Accessory after the fact

Accessory after the fact

Who are accessories? Accessories are persons who aid or contribute to the commission or concealment of a felony. Who are accessories before the fact? An accessory before the fact assists felons in planning to commit a crime or encourage the commission of the crime....

Animal cruelty laws

Animal cruelty laws

The crime of abuse of animals is a felony punished under sections 596, 597, 598, 599 and 600 Title 14 of the California Penal Code. How is the felony of abuse of animals committed? The felony of abuse of animals may be committed by a person: Who intentionally maims,...

Criminal justice process steps

Criminal justice process steps

We very often hear the terms “criminal justice” and the “criminal justice process” but must of us do not understand what these terms mean. The terms refer to the steps by which a criminal complaint is investigated and a criminal case in court is filed. It also...

Criminal sentence

Criminal sentence

Criminal sentence,  This is the part of the criminal justice process where the accused person who has been found guilty of having committed a crime during trial, will hear the determination of his penalty. What is a criminal sentence? A criminal sentence refers to the...

Probable cause hearing

Probable cause hearing

What is a preliminary hearing? There are criminal offenses that are not as serious or as grave as those that require proceedings before a grand jury. There are some cases when the police arrest an accused person in the act of committing a crime or arrests a person...

How to get out of jail after sentencing

How to get out of jail after sentencing

Post-sentencing options What other alternatives are there to imprisonment? There are alternatives to a jail term. There are more creative ways to punish people for having committed crimes in California. Felons can serve a split sentence or a work release, home...

What is booking in law

What is booking in law

What is “booking”? What people call “booking” is that part of the criminal justice process when an arrested person is required to provide physical evidence to determine and record his identity prior to being detained and arraigned. It is also the part of the criminal...

How does bail work

How does bail work

What is bail? Bail is a sum of money (certified or cashier’s checks) or bond that you can put in the custody of the court as assurance or surety that you will appear before the court whenever your presence is necessary. This process of paying an amount to the court is...

What is an arrest warrant?

What is an arrest warrant?

An arrest is an act of the police placing a suspected felon or a material witness under custody of the court to answer for criminal charges that have been brought or criminal charges that will be brought against the suspected felon. An arrest may also be an act...

Arraignment hearing

Arraignment hearing

What is an arraignment? The hearing where the accused enters a plea to criminal charges read out loud to him or her, is called an arraignment. When criminal charges have already been filed against a suspect, they are referred to as “accused”. The judge will require...

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