Information on New Criminal Defense Laws in California

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What you Need to Know About The “Age of Consent” in California

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Navigating California's laws governing sexual consent and relationships can be confusing, particularly because criminal liability often depends on a person's age rather than whether the relationship was consensual. The age of consent, the legal age at which a person can legally consent to sexual activity, is central to understanding the law. In California, the age of consent is 18. However, the law is not always black and white. The law contains important nuances that affect how these cases are prosecuted and punished, including how age differences affect charging decisions despite California not recognizing a true "Romeo and Juliet" exception to the harsh, life-changing consequences of breaking it. If you are a parent who wants to keep track of what your teen does, a young adult dating in modern times, or simply seeking guidance, the information below explains the key... Read More

What is “Oral Copulation” and When is it Illegal?

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The legal definition of oral copulation, according to California Penal Code Section 287, is any sexual contact between the mouth of one person and the sexual organ or anus of another person, no matter how slight or brief. While consensual oral sex between adults in private is legal in California, it becomes a serious criminal offense when it involves coercion, minors, public exposure, or when someone is not able to consent. We will explore what California considers to be a lack of consent and explain the harsh consequences of being on the sex offender registry. Most importantly, we describe the strategic defenses our firm erects to defend your rights and secure your liberty. We examine Penal Code Section 287 through an analysis of the statute and how our experienced defense team routinely attacks state prosecutors, safeguards your constitutional rights, and works... Read More

What Is the Jail Time For a Felony Probation Violation?

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Felony probation allows eligible defendants to serve all or part of their sentence under court supervision rather than incarceration. What if you fail to follow those strict rules? The consequences of violating probation can be severe, and that newfound liberty can quickly become a time spent behind bars. The precise incarceration time for a felony probation violation is not a set and established number. Depending on whether the slip-up was a minor technical oversight or a serious new criminal offense, the repercussions vary. A judge has the final say, and if you violate the law, you could face a brief stint in county jail, extended supervision, or the total revocation of your probation. This will force you to serve the maximum prison sentence originally carried by the baseline felony. Let us look at what you can expect when you violate felony probation terms. How... Read More

Can You Get a DUI on a Bike?

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Driving under the influence (DUI) laws are strict and play a key role in keeping pedestrians and other motorists safe. You commit a DUI offense when you operate a vehicle under the influence of alcohol or other drugs. Although many people understand that driving while intoxicated is illegal, few are aware of CUI (cycling under the influence). As bicycles become a popular means of transportation for many people, lawmakers are keen to ensure every bicyclist adheres to traffic rules. CUI is typically a misdemeanor offense that can attract long-lasting legal consequences. If you are under investigation as a suspect in a CUI case, a skilled criminal defense attorney can help minimize the impact of the allegations on your record and future. Ensure you retain an attorney as soon as possible to increase your chances of securing a favorable outcome. What CUI Means Under... Read More

What is Lewd and Lascivious Conduct?

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Lewd or lascivious conduct refers to any sexual behavior that offends the community or goes against the expected norms of decency. Although it may involve all people, most cases involving lascivious conduct involve minors. When prosecuting cases of lewd or lascivious acts, prosecutors do not necessarily look for evidence of sexual penetration. You can face serious criminal charges for intentionally and criminally groping a child. This is a sex crime under California law that is generally treated as a felony. It could result in a lengthy prison sentence, depending on the victim’s age and whether or not you used force or violence. A severe form of this crime can result in a mandatory requirement to register as a sex offender. A skilled criminal defense attorney can help you understand the seriousness of your charges, possible penalties, and the best defense strategies for... Read More

What is an Arraignment?

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Arraignment is the first court appearance you make after your arrest. During the hearing, the court informs you of the criminal charges you are facing, advises you of your constitutional rights, and asks you to take a plea, which can be either no contest, not guilty, or guilty. The process can be overwhelming and confusing. This article discusses what to expect at this court hearing. The rationale is to reduce the stress of facing legal trouble. A Brief Overview of Arraignment Arraignment is the initial court appearance after your arrest. During the arraignment, the following happens: The court charges with a crime The court advises you of your legal rights The lawyer argues against existing orders that might apply to your criminal case, including protective orders. Your attorney may request a reduction in bail or release on your own recognizance You enter a... Read More

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