For you to be charged with a crime, police must find enough evidence to indicate your guilt. For the charges to result in a conviction, the evidence must be strong enough to prove your guilt beyond a reasonable doubt. While the California and US Constitutions protect citizens from illegal and unreasonable search and seizure, police […]
Defenses and Sentences for Hate Crimes In California
People commit crimes for many reasons, but jurors are usually more sympathetic when an offense was performed out of desperation or a result of a personal conflict rather than due to biased, hateful beliefs. To help protect the civil rights of individuals and punish those who victimize others based on prejudice, California has enacted many […]
Bestiality is Illegal in California, But Zoophilia Porn is Legal
One of the law’s most important purposes is to protect those who cannot defend themselves, including animals. For this reason, sex with animals is illegal since these creatures cannot consent to the act. The act of bestiality (frequently misspelled as “beastiality” or even “beastly”), sometimes called zoophilia, zoo porn, or animal porn, is illegal in […]
CA Penal Code 289 (PC): Forcible Sexual Penetration With a Foreign Object
In California, forced sex charges aren’t limited to acts involving rape with a penis. They can also include acts of oral copulation by force or fear or an act of non-consensual sexual penetration with an object, including another body part. Forcible penetration with a foreign object is a sex crime under California Penal Code section 289 (PC), and the offense carries serious criminal […]
How are Plea Bargains Made?
Everyone has heard the term “plea bargain,” but far fewer could give you the definition or tell you what different types of plea agreements exist. Interestingly, while the average person knows far more about criminal trials, most cases in America are settled through plea bargains. Nationwide, the Department of Justice reports that between 90 and […]
What are the Best Criminal Defenses in CA?
If you are charged with a crime, you will be asked to plead guilty or not guilty. If you plead not guilty, you and your criminal defense attorney will need to present a defense to show the prosecutor does not have enough evidence to prove your guilt. To do this, you and your criminal lawyer […]
When is Someone Too Physically or Mentally Incapacitated to Consent?
Under California law, rape doesn’t require the victim to say “no.” Instead, sexual assault occurs whenever a person has sex with someone who does not consent. In some cases, like those involving statutory rape, the other party may not even be able to legally agree to have sexual intercourse—even if they say “yes.” This policy […]
How Does Lawyer/Client Confidentiality Work?
You have probably heard of attorney/client confidentiality, but you probably don’t know what that entails unless you’re a lawyer. While communications between a lawyer and a client are considered privileged, there are exceptions where the attorney may willingly disclose this information without any repercussions. If an attorney breaks confidentiality outside of these circumstances, they risk […]
Public Intoxication Charges: 647(f) (PC)
Being drunk in public in California isn’t technically illegal and can sometimes be a bit enjoyable as long as it doesn’t involve driving, biking, or boating under the influence. Just walking in public after drinking a beer or two isn’t enough to get you charged with this crime, and neither is drinking a beer in […]
Possession of a Firearm and Drugs in California
Some drugs cause paranoia, and dealing and purchasing drugs can sometimes be dangerous. With these things in mind, it’s not surprising that many people who are arrested with drugs also carry weapons. Unfortunately, just carrying a gun and any amount of certain drugs is a criminal act in itself. Here’s what you should know about California’s possession of […]
