Conjugal visits are regularly referenced in movies and TV shows, but they almost seem unreal. After all, why should people serving time for crimes be allowed to have sex when they’re supposed to be punished? But that’s one of the big misconceptions about what the California Department of Corrections and Rehabilitation calls “Family Visits.” The official name isn’t just […]
Prison and Jail Escape Laws in California: 4530 and 4532 (PC)
It’s a TV trope seen in shows like Luke Cage, The Fugitive, Sense 8, and Prison Break; the main character is locked in prison for a crime he didn’t commit and must break out of prison to prove his innocence. But in real life, proving your innocence doesn’t mean you can just walk away after […]
What Happens to Your Stuff When You go to Prison?
When you’re incarcerated, you are stuck behind bars and unable to access your bank accounts or pay bills. So what happens to your house and personal belongings when you go to jail? That’s actually a common question many clients ask their criminal lawyer. Unfortunately, the answer is sadly complex, which is one of the […]
Taking Someone From Police Custody is a Crime Under Penal Code 405(a) (PC)
In the Old West, mob justice was a big problem, which is why California enacted an anti-lynching law in 1933 in order to stop mobs from seizing and harming a suspected criminal in police custody. But as time went on, “lynching” came to be associated with the illegal murder of innocent black people, largely in […]
Accused of Resisting Arrest in Vista? Penal Code 148(a) (PC)
When police arrest someone for a crime they didn’t commit, it is common for the innocent party to fight back and argue with the officers because the circumstances are simply unfair. Alternatively, sometimes people who know they are guilty of a crime resist arrest because they are scared of the potential penalties they may be […]
Is a DUI in California a Felony or Misdemeanor?
Drunk driving should always be viewed as a serious charge as it can result in jail time, massive fines, prevent you from being able to drive and leave you with expensive insurance deductibles even once you do get your license back. But some driving under the influence cases are even more serious and can even […]
Pregnancy and Birth in California Jails and Prisons
Just because a woman is convicted of a crime doesn’t mean her reproductive system suddenly shuts down. And in fact, many women end up behind bars while pregnant. What happens next will vary depending on the specific circumstances and wishes of the mother-to-be, but one thing that’s always true is that California provides a much […]
What Happens If You’re Caught With a Weapon in a California Prison?
Those sentenced to jail and prison are subject to many additional rules not applicable to those outside, particularly when it comes to what they are permitted to have in their possession. These rules can apply to things like cellphones or alcohol, but the most serious form of contraband in prison are weapons. If you or […]
How is Sentencing Determined by Judges in Vista, California Courts?
State and local law sets out specific punishments for each type of crime, but ultimately, the judge still does decide the final sentence given to a defendant. After a defendant is found guilty of a crime, they go through a sentencing hearing where they will learn the punishment they will serve for the crime they […]
What is Capital Murder in California? Special Circumstances and the Death Penalty
Have you ever wondered why some people get the death penalty for murder while others do not? The answer comes down to the specific details that make a crime a “capital murder” versus a typical first-degree murder. That’s because while capital punishment is still entirely legal, it is only applicable in a handful of murder […]
