Criminal Defense
What Happens If I Fail to Register as a Sex Offender?
If you have been convicted of a sex crime in the state of California, there is a good possibility that you will be required to register as a sex offender once you have served your time. As if spending time behind bars isn’t bad enough, California Penal Code §290 requires you to provide the local authorities with your personal information and details about your case—which, unfortunately, may be a lifetime commitment. To make matters worse, you could face additional charges for failing to register within 5 days of your release from jail or prison. Fortunately, the San Diego criminal defense attorney at our firm can provide you with an aggressive defense if you have been accused of committing such a violation.
The Penalties for Resisting Arrest in California
In the state of California, you could be charged with a crime if you have knowingly resisted, delayed or obstructed a law enforcement officer or emergency medical technician while they were performing, or attempting to perform, their duties. While this offense is commonly referred to as “resisting arrest,” California Penal Code 148(a)(1) PC describes this crime as Resisting, Delaying, or Obstructing an Officer. This means that you could be charged with a crime under a number of different circumstances – not just in situations where you have resisted or evaded arrest. For example, you could be charged with this crime if you have:
Overview of California’s Marijuana Possession Laws
As you may know, attitudes about the medicinal and recreational use of marijuana are changing throughout the United States. While a number of states have recognized the medicinal benefits of cannabis, most still uphold strict laws against the possession and/or use of this drug. Fortunately for California residents, the penalties for marijuana possession in this state are not quite as severe as those imposed in other parts of the country. Even so, you should not take these charges lightly. Depending on the type and amount of marijuana that is discovered in your possession, you could either be slapped with an infraction or charged with a serious criminal offense. This will be decided as follows:
How Does an Ignition Interlock Device (IID) Work?
If you have been convicted of driving under the influence (DUI) in the state of California, you may soon be asked to install an ignition interlock device in your vehicle. This device, which is roughly the size of a cell phone, will be attached to your dashboard and wired to your ignition. Once the mechanism has been activated, you will not be able to start your engine until a breath sample has been submitted—the purpose of which is to keep you from driving while under the influence of alcohol. If your calculated blood-alcohol concentration (BAC) is greater than the pre-programmed amount, your car will not start. The device will also record a violation. To ensure that it is, in fact, you who is breathing into the device, it will also ask you to submit additional breath samples at random intervals.
Can I Be Charged with Statutory Rape if it was Consensual?
In the state of California, you could be charged with statutory rape if you, as an adult, have engaged in sexual intercourse with a minor (i.e. someone under the age of 18). Since the age of consent is 18, the law states that a minor cannot legally agree to engage in sexual intercourse—regardless of whether or not they wanted to participate in the sex act at the time. While this scenario may not seem like it fits the definition of rape, which involves forcing another person to engage in sexual intercourse against their will, it is still against the law. Even if both parties have been involved in a long-term relationship, one could be charged with statutory rape if they have sex with their partner before they have reached the legal age of consent.
How Does the Three Strikes System Work in California?
California’s Three Strikes Law dictates that any individual who has two prior “serious” or “violent” felony convictions, or strikes, on their record will face between 25 years to life in prison upon his or her third serious felony conviction. He or she will also be ineligible to receive parole until the minimum sentence has been served. This particular law gets its title from the baseball phrase, “three strikes and you’re out” and was enacted in an effort to deter repeat offenders from committing additional violent felony offenses.
What Constitutes Stalking Under California Law?
Stalking is considered to be a serious criminal offense in the state of California. When one person repeatedly harasses or follows another person in an attempt to intentionally intimidate, frighten, scare or torment his or her intended target, he or she may be charged with stalking. Although in and of itself stalking is not a violent crime, stalking can leave its victims fearing for their lives or the lives of their loved ones. Individuals who use email, social media or other online methods to harass or threaten another person, may be considered to be cyberstalkers and in violation of state law.
What are the Penalties for Grand Theft and Petty Theft in California?
California Penal Code §487 classifies grand theft as the criminal act of illegally taking, stealing, embezzling, transporting or otherwise carrying the personal property, goods, money, and/or possessions belonging to another person and valued at more than $950. An employee’s or worker’s aggregate theft of at least $950 in currency, labor, real estate, vehicles, animals or other personal property from his or her employer, over a one year period, also qualifies as grand theft. There are certain circumstances, in which the illegal possession of certain objects or materials of a lesser value, could warrant a grand theft charge as well.
Posting Bail and How It Works
Perhaps the only thing that is as difficult as being arrested is watching someone you care about be arrested. Feelings of anxiety and helplessness are not uncommon experiences for family members and close friends of those suspected of committing a crime. However, you are not helpless, especially when it comes to bailing your loved one out of jail so that they can await their trial date from the safety of your home.
Am I Legally Required to Participate in a DUI Checkpoint?
DUI checkpoints or sobriety checkpoints are locations where law enforcement officers are stationed to check drivers for signs of intoxication or impairment. There are many jurisdictions that utilize DUI checkpoints as a part of their drunk driving deterrence program. Due to the fact that there are questions as to their constitutionality, not all states conduct sobriety checkpoints. Some states such as California and Nevada authorize their use, where other states such as Oregon, Washington and Texas do not use them. In Ingersoll v. Palmer (1987), the Supreme Court of California concluded that within certain limitations sobriety checkpoints are permissible under the state and federal Constitutions.
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