California recognizes marriages between a man and a woman and two partners of the same sex. It does not, however, acknowledge marriages involving more than one person or those where one party is already married to someone else. Polygamy and bigamy are crimes in California, and if either person getting married knows that one of […]
Child Kidnapping Laws: 277, 278, and 278.5 (PC)
Thanks to Amber Alerts and around-the-clock news networks, it sometimes feels like kids are abducted daily. Movies and TV shows would have you believe that these children are all captured by child molesters and criminals looking for hostages, but the reality is that 90% of abducted children are actually taken by a parent. Because child […]
“Swatting” is the False Report of an Emergency
The SWAT (or Special Weapons and Tactics) team is an elite unit of police officers tasked with handling particularly dangerous situations. While this special team helps resolve some particularly deadly situations, their presence can sometimes escalate certain circumstances a heavily armed and aggressive force isn’t necessary. Unfortunately, the aggressive nature of the SWAT team is […]
San Diego Unlawful Sodomy Attorney
Sodomy is essentially a fancy name for anal sex. While consensual sodomy is legal, when one party does not consent, it is a crime under California Penal Code 286 (PC). The consequences for forceful sodomy or the sodomy of a child are similar to those for forceful oral copulation, rape with a foreign object, and […]
The Entrapment Defense Under California Law
One of the most commonly cited legal myths is that if you ask someone if they are a police officer, they have to tell you, or it is entrapment. Not only is this untrue, but it also underscores how little the average person understands about this legal concept. Unfortunately, entrapment is a complex area of […]
Understanding California Statutes of Limitations Laws
It makes sense that someone could be charged with murder 30 years after the victim dies, but it wouldn’t be fair for someone to be accused of shoplifting that many years later. The statute of limitations is a legal way to ensure that those who committed heinous acts can be held responsible for their actions […]
California Search and Seizure Laws
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 […]
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 […]
