California Criminal Law

California Psychiatric Holds: 5150 and 5250

March 23, 2025 by Anastasiia Ponomarova
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Understanding California’s Involuntary Psychiatric Holds: 5150 and 5250 Mental health crises require immediate intervention to ensure the safety of individuals experiencing psychological distress. In California, the legal framework provides specific mechanisms for involuntary psychiatric detention when...

The Impact of Cough and Cold Medicine on DUI Charges

March 06, 2025 by Yuliya Kelmansky
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DUI on Cough Syrup? Really? Cold and flu season is a challenging time for many, but luckily, over-the-counter cough and cold medicine can provide relief from symptoms such as coughing, sneezing, and congestion. However, it’s essential...

Suing The Police for Excessive Force

March 06, 2025 by Yuliya Kelmansky
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Suing the Police for Excessive Force In general, an officer’s actions while on duty are shielded from legal liability through the legal principle of governmental immunity. This principle essentially states that the government cannot be sued...

How Can The Police See Your Internet History?

March 06, 2025 by Yuliya Kelmansky
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How Private is Your Internet Usage? It is a common misconception among users that their browser history remains private, particularly if they utilize incognito mode or regularly clear their browsing history. However, it is essential to...

Can a Jail Record My Telephone Conversation With a Lawyer?

March 06, 2025 by Yuliya Kelmansky
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Can A Jail Record Conversations With My Lawyer? Incarcerated individuals desire communication with their relatives, close associates, and legal counsel. According to Penal Code §851.5, after being booked, an individual under arrest is entitled to make...

The Perils of Using AI for Legal Services

March 06, 2025 by Yuliya Kelmansky
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The Dawn of a New Era Artificial intelligence is becoming progressively prevalent in various areas, including patent law within the legal industry. AI’s arrival is met with optimism and enthusiasm in certain parts of the industry,...

Getting Immunity in Exchange for Testimony

March 06, 2025 by Yuliya Kelmansky
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Getting Immunity in Exchange for Testimony Individuals accused of a crime possess a Fifth Amendment right to remain silent and not incriminate themselves. They possess the right to refuse to divulge self-damaging details, regardless of being...

The Most Common Los Angeles Felony Crimes

March 06, 2025 by Yuliya Kelmansky
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Felony Crimes in Los Angeles In this overview, we will explore the primary types of felony crimes prevalent in Los Angeles, providing valuable insights into their nature, impact, and potential legal consequences. In Los Angeles, numerous...

What is a Federal Sentencing Memorandum?

March 06, 2025 by Yuliya Kelmansky
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What is a Federal Sentencing Memorandum? Criminal defense lawyers write federal sentencing memorandums to convince the judge to give their client the most lenient sentence possible during the hearing. Federal practitioners can achieve a significant impact...

Employee Theft: An Inside Job

March 06, 2025 by Yuliya Kelmansky
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Employee Theft: Inside Job Employee theft is any action that deprives your employer of time, money, goods, or services. The crime of theft can result in termination of employment by the company. You may be arrested,...

Can I Claim Self-Defense if I Hit Someone First?

March 06, 2025 by Yuliya Kelmansky
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Can I claim self-defense if I hit someone first? Who bears the responsibility for the damage resulting from a conflict that becomes violent? At times, the distinction can be clear-cut, but occasionally it gets hazy. If...

California Civil Drunk Driving Lawsuits

March 06, 2025 by Yuliya Kelmansky
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DUI in California Driving under the influence (DUI) is a serious crime in California, and it can lead to both criminal and civil lawsuits. While criminal DUI cases focus on punishing the offender and deterring future...

Working a Job When Under House Arrest

March 06, 2025 by Yuliya Kelmansky
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Working a Job When Under House Arrest House arrest, also known as home confinement, permits defendants and transgressors to fulfill their penalization within the territory of their residence as opposed to correctional institutions. However, in the...

Is “Mistake of Fact” a Defense to Criminal Charges?

March 06, 2025 by Yuliya Kelmansky
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Is “Mistake of Fact” a Defense to Criminal Charges? A mistake of fact can serve as a criminal defense by showing that the defendant did not possess the necessary intent for the crime. A mistake of...

How to Convince a Judge to Lower the Initial Bail

March 06, 2025 by Yuliya Kelmansky
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How to Convince a Judge to Lower the Initial Bail Various variables affect the determination of bail magnitude. The legal statutes and protocols pertaining to pretrial release exhibit a certain degree of variation across different states....

How Much Force Can I Use in Self-Defense?

March 06, 2025 by Yuliya Kelmansky
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How Does California Define Self-Defense? Self-defense denotes the act of utilizing force as a means to safeguard oneself from potential harm or peril. By invoking self-defense as a justification for your actions, you essentially acknowledge that...

Where Do The Guns Used in Violent Crime Come From?

March 06, 2025 by Yuliya Kelmansky
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Where Do Firearms Used in Crimes Originate? Mass shootings frequently make headlines throughout the United States with alarming and persistent frequency. However, what often goes unnoticed in the reporting of current events are the isolated incidents...

Special Circumstances in a California Murder Case

March 06, 2025 by Yuliya Kelmansky
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Special Circumstances in California Murder Cases In the Tenth Amendment of the United States Constitution, a provision prohibits the infliction of acts classified as cruel and out of the ordinary as punishment for individuals accused of...

What is a ‘Romero Motion’ in Criminal Law?

March 06, 2025 by Yuliya Kelmansky
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Romero Motions A Romero motion is when a defendant asks a judge not to count a previous conviction as part of their sentence. When used correctly, the Romero motion is helpful under specific circumstances because it...

What is a ‘Lying in Wait’ Murder?

March 06, 2025 by Yuliya Kelmansky
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Lying in Wait Murder An individual may develop a comprehensive strategic plan covering all aspects of the intended course of action when thinking about assaulting another person. This can entail finding a hiding place and waiting...

How to Defend Yourself against Jugging Crimes

March 06, 2025 by Yuliya Kelmansky
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How to Protect from Getting ‘Jugged’ Prospective targets of robbery or burglary are not limited to a specific profile; individuals who make transactions or utilize banking establishments can risk being observed by perpetrators who, whilst employing...

Diamond Heists On the Rise in Los Angeles, California

March 06, 2025 by Yuliya Kelmansky
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Diamond Heists on the Rise in LA If you watch movies about diamond thieves in Hollywood and see how easy it seems for them to steal millions of dollars in diamonds, you might think it’s a...

The Difference Between a Police “Search” and a “Frisk”

March 06, 2025 by Yuliya Kelmansky
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The Difference Between a Police “Search” and a “Frisk” The main difference between being searched and being frisked is that a search is more thorough and extensive than a frisk. A search and seizure is when...

Can Paralegals Provide Legal Advice?

March 06, 2025 by Yuliya Kelmansky
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Can Paralegals Provide Legal Advice? As the legal profession continues to evolve, the role of paralegals has become increasingly important. Paralegals play a crucial role in supporting lawyers and law firms, but there are certain limitations...

SB 731: Relief from Old Criminal Records

March 06, 2025 by Yuliya Kelmansky
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Senate Bill 731 California Senate Bill 731 primarily focuses on automatically expunging most felony convictions four years after the case concludes. Serious felonies, violent felonies, and felonies requiring sex offender registration are exempt from this. Felony...

Is Sex in Your Car Illegal?

March 06, 2025 by Yuliya Kelmansky
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Lover’s Lane You can engage in sexual activity inside your vehicle, but knowing the relevant laws is essential. Engaging in intercourse in a public setting becomes unlawful if a reasonable individual anticipates being observed. Consequently, if...

Escorting vs. Prostitution: What’s The Difference?

March 06, 2025 by Yuliya Kelmansky
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Escort or Prostitute? Escort service and prostitution are commonly confused, yet they possess distinct dissimilarities. In specific locations, escorting is allowed by law, while it is prohibited in different areas. However, it is difficult to determine...

When Does a DUI Charge Become a Felony in California?

March 06, 2025 by Yuliya Kelmansky
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What is a Felony DUI Charge in California? In California, a DUI charge can be either a misdemeanor or a felony, depending on the circumstances of the case. If you have been charged with a DUI,...

An In-Depth Look at PPP “Covid Relief” Fraud

March 06, 2025 by Yuliya Kelmansky
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Hidden Dangers of COVID Relief Fraud As the pandemic continues to ravage the United States, the Paycheck Protection Program (PPP) was created to help small businesses and individuals stay afloat. But with this federal aid comes...

What is an “Aggravated Felony” in Criminal Law?

March 06, 2025 by Yuliya Kelmansky
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Immigration Law meets Criminal Law As an immigrant, it can be difficult to understand the legal system and the potential consequences of committing certain crimes. One term that is often misunderstood is “aggravated felony”. It’s important...

Proving the Authenticity of Digital Evidence: A Guide for Professionals

March 06, 2025 by Yuliya Kelmansky
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Digital Forensics In this guide, we discuss the importance of authenticity in digital evidence, the admissibility of digital evidence, the challenges associated with authenticating digital evidence, and best practices to ensure the integrity of digital evidence....

The Miranda Law: A Comprehensive Guide to Miranda Rights

March 06, 2025 by Yuliya Kelmansky
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What are Miranda Rights? Miranda Rights are an essential part of the U.S. legal system. Every day, law enforcement agents read these rights to individuals who have been arrested or detained. But what exactly are Miranda...

Can a Convicted Sex Offender Become a Student & Attend School?

March 06, 2025 by Yuliya Kelmansky
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Are Sex Offenders Allowed in School? Sex offender laws are very complex and vary significantly between states. As a result, it can be difficult to create policies that allow a sex offender to attend school while...

The Consequences of a DUI with an Occupational Driver’s License

March 06, 2025 by Yuliya Kelmansky
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What is an Occupational Driver’s License? An occupational driver’s license is a special type of restricted license that allows you to drive to and from certain necessary locations, such as work, school, or medical appointments. In...

What Criminal Records Cannot be Expunged in California?

March 06, 2025 by Yuliya Kelmansky
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Why Some Criminal Records Cannot be Expunged? Individuals who have been found guilty of a felony or misdemeanor but were not given a state prison sentence may be eligible to avail themselves of a California state...

What Data Goes On My Driving Record?

March 06, 2025 by Yuliya Kelmansky
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What Data Does My Driving Record Contain? If you have a license from California, you can get your California Driving Record or Motor Vehicle Report (MVR) from the California Department of Motor Vehicles. You can buy...

The Impact of a DUI on Your Security Clearance

March 06, 2025 by Yuliya Kelmansky
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How Many DUIs Do You Have? A single, straight DUI probably wouldn’t be enough to cause someone to lose their security clearance. However, it might raise questions about their dependability and judgment. It could also jeopardize...

The Impact of a DUI Arrest or Conviction on a Child Custody Case

March 06, 2025 by Yuliya Kelmansky
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DUI and Child Custody Child custody is one of California’s most critical issues before family courts. Custody and authority over a minor are determined primarily in the minor’s best interests. A judge or the courts will...

The Impact of a DUI on Your Ability to Rent a Car in California

March 06, 2025 by Yuliya Kelmansky
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Can I Rent a Car with DUI Conviction? A DUI conviction results in many limitations. The consequences of a DUI extend beyond just monetary fines and imprisonment. A conviction for driving under the influence while intoxicated...

The Impact of a DUI on Your Ability to Adopt a Child

March 06, 2025 by Yuliya Kelmansky
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It Could Trigger Real Problems There aren’t any rules about being able to adopt. Your first challenge is to satisfy your adoption agency. The adoption agency ensures that the child being adopted goes to a safe...

The Cost of a DUI in California

March 06, 2025 by Yuliya Kelmansky
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Nothing is More Costly Than Your Freedom If your BAC is 0.08% or higher, you might get arrested in California for DUI. Getting caught driving under the influence (DUI) can be very costly in California. A...

Crime in Los Angeles Jumped in 2022 – Second Year in a Row

March 06, 2025 by Yuliya Kelmansky
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A Notable Uptrend There was a significant increase in incidents of violent crime, consumption of illicit drugs, and mortality caused by drug overdoses in Los Angeles in 2022. Consequently, board members have stated that this disturbing...

Los Angeles Dognappings On The Rise

March 06, 2025 by Yuliya Kelmansky
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Grand Theft Puppy It’s a heart-wrenching reality for pet owners everywhere – the fear of your beloved pet getting stolen. Unfortunately, this fear has become more and more prevalent in Los Angeles in recent years, with...

How Domestic Violence Impacts Military Personnel and Their Families

March 06, 2025 by Yuliya Kelmansky
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The Stigma of Domestic Violence in the Military Domestic violence is a serious issue that affects many people, including military personnel and their families. Unfortunately, it is often overlooked and goes unreported. Domestic violence can take...

California Penal Code 995: Motion to Dismiss

March 06, 2025 by Yuliya Kelmansky
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California Penal Code 995: Motion to Dismiss Under California law, a Penal Code 995 Motion asks the court to dismiss one or more felony counts. The motion is based on the grounds that the felony was...

Common Valentine’s Day Crimes

March 06, 2025 by Yuliya Kelmansky
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Valentine’s day is a day to rejoice and celebrate love. Despite this, a large number of crimes are recorded on this day. It is evident from the records that there are several arrests on this day,...

DUI and An Occupational Driver’s License in California

March 06, 2025 by Yuliya Kelmansky
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Occupational/Restricted Driver’s License A judge may issue a restricted or occupational license as a temporary driving permit. A restricted license, also known as an ‘essential-need’ license, allows a motorist whose license has been suspended to lawfully...

Is Patronizing a Prostitute a Crime in California?

March 06, 2025 by Yuliya Kelmansky
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Penal Code 653.22 Patronizing prostitution is a crime that can be committed any time someone is paid to do something sexual. Patronizing a prostitute means giving her something of value, even if it’s not cash. If...

What is an Alternative Dispute Resolution?

March 06, 2025 by Yuliya Kelmansky
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What is an Alternative Dispute Resolution? To avoid going to court, parties might use alternative dispute resolution (“ADR”) techniques. Alternative dispute resolution (ADR) is a catch-all term for any procedure or set of procedures used to...

How Does the Media Impact a Criminal Court Case?

March 06, 2025 by Yuliya Kelmansky
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Media Impact The media profoundly influences our culture. The news media—including newspapers, radio, television, and the internet—play an essential role in shaping public discourse. Prosecutors, defendants, and defense counsel often have difficulties in court because of...

How Does ‘Public Fear’ Influence Decisions in Criminal Courts?

March 06, 2025 by Yuliya Kelmansky
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You Cannot Change a Juror’s World View in a Few Days Fear of crime arises as a societal phenomenon that, in extreme circumstances, impairs the quality of life, produces paranoia, anxiety, and other psychological disorders on...

How Accurate is the Jury?

March 06, 2025 by Yuliya Kelmansky
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What if the Jury Gets it Wrong? The American legal system is superior to that of many other countries. Originating in ancient Greece and Rome, a trial by a jury of one’s peers checks the power...

Do People Who are Wrongfully Imprisoned Get Compensation?

March 06, 2025 by Yuliya Kelmansky
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Were You The Victim of Wrongful Imprisonment? Yes, wrongfully convicted people do get compensation. However, victims of unjust convictions are routinely refused compensation based on technicalities or rules restricting the amount of compensation awarded, even in...

Can a Convicted Sex Offender Become a Teacher?

March 06, 2025 by Yuliya Kelmansky
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The Devil is in the Details Criminal convictions for violent offenses (including murder, rape, sex crimes committed with a minor, abduction, and others) automatically exclude individuals from teaching positions. California Laws Furthermore, those who have violated...

What is The California DUI Re-education Program?

March 06, 2025 by Yuliya Kelmansky
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California DUI Programs Designed to Keep You Mobile The law considers convictions for drunk driving differently from other misdemeanors. The repercussions of a DUI conviction extend beyond penalties and even prison time. There are limitations on...

Common St. Patrick’s Day Crimes

March 06, 2025 by Yuliya Kelmansky
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Common St. Patrick’s Day Crimes St. Patrick’s Day is renowned as one of the year’s largest drinking celebrations. In cities around the United States, the streets are crowded with parade-goers, and bars are filled with green-clad...

Debunking California DUI Myths: Separating Fact from Fiction

March 06, 2025 by Yuliya Kelmansky
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California DUI Myths Driving under the influence of drugs or alcohol is a serious offense in California and can lead to serious penalties. Unfortunately, many people don’t know the facts about DUI and the laws in...

Your Rights During a Traffic Stop in California

March 06, 2025 by Yuliya Kelmansky
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The Police Are Pulling You Over… Traffic stops are a common occurrence in California, and it’s important to know your rights as a driver and passenger during a police stop. It’s also important to know what...

How is Emotional Abuse Proven in a Domestic Violence Case?

March 06, 2025 by Yuliya Kelmansky
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Can Emotional Abuse be Used in a Domestic Violence Case? Domestic violence is defined broadly under California law and includes emotional abuse, which is often overlooked. Any behavior or language used with the intent to dominate,...

Common Christmas Crimes

March 06, 2025 by Yuliya Kelmansky
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Isn’t this the most amazing time of year? Unfortunately, according to crime statistics, it is also an unsettling time of year for others. While Christmas may seem the least probable time for crimes, the unpleasant reality...

The Difference Between a Federal and a State Court

March 06, 2025 by Yuliya Kelmansky
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U.S. Justice System The Constitution of the United States created a federal judicial system shared by the federal and state governments. Each state has its own federal and state court systems, which are separate. You must...

Common Crimes on New Year’s Eve

March 06, 2025 by Yuliya Kelmansky
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Party Time In the criminal justice system, New Year’s Eve and Day are the two busiest days of the year. When guests at a Christmas party have had a few too many mugs of cheer, the...

Do ‘Restricted Driving Privileges’ Transfer State-to-State?

March 06, 2025 by Yuliya Kelmansky
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Nationwide Criminal Databases After a DUI conviction, you will likely have your driving privileges restricted if not taken away entirely. A question our clients commonly ask us is, ‘what if I move or plan on visiting...

How to Escape a Hostage Situation

March 06, 2025 by Yuliya Kelmansky
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How to Survive if You’ve Been Taken Hostage Although you’ve probably never pictured yourself — or wanted to picture yourself — the victim of a kidnapping or in a hostage situation, the truth is, it can...

What is Strict Liability?

March 06, 2025 by Yuliya Kelmansky
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Strict Liability Law in California “Strict liability” is a legal doctrine that exists when a defendant is held liable for an action that results in injury, regardless of whether or not they had intent to cause...

What Is ‘Realignment’ in The California Criminal Justice System?

March 06, 2025 by Yuliya Kelmansky
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Realignment – California The California criminal justice system is undergoing a period of major upheaval referred to as realignment. Supervising certain classes of low-level felons and parolees from state prisons is being moved from state parole...

What Qualifies as ‘Drug Paraphernalia’ in California?

March 06, 2025 by Yuliya Kelmansky
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Crack Pipes, Meth Pipes, Needles California HSC 11364 makes it a crime to have drug paraphernalia in your possession. It is defined as anything that may be used to produce, administer, or conceal a controlled drug...

The Brutal Reality of Live-Streaming Deadly Crimes

March 06, 2025 by Yuliya Kelmansky
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Caught Up in the Moment Just over five years ago, Facebook introduced a new service called Facebook Live, which enables users to easily produce and share live broadcasts with the rest of the internet. Mark Zuckerberg,...

Can the Police Conduct a Search of Your Home Without a Warrant?

March 06, 2025 by Yuliya Kelmansky
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What is a Constitutional Amendment Says? The Fourth Amendment protects citizens against the government’s unconstitutional searches and seizures. A warrant is required to search an American citizen. This brings up the issue of whether police in...

How Accomplice Testimony Can Impact Your Case

March 06, 2025 by Yuliya Kelmansky
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What is Accomplice Testimony? The district attorney’s office may file an accomplice charge against someone who provides material support for the commission of a crime. If the accomplice is willing to testify against the main suspect,...

Common Crimes That Happen During Black Friday

March 06, 2025 by Yuliya Kelmansky
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Black Friday Deals and Steals Black Friday starts off Christmas shopping for many. Some retailers open on Thanksgiving evening, providing buyers access to big bargains. Intense competition for limited quantities of popular goods may arise in...

Can Emojis Be Used As Evidence in a Criminal Case?

March 06, 2025 by Yuliya Kelmansky
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The Emoji as Evidence during a Trial? Yes, emojis may be used as evidence in a trial. Expert forensic linguist witnesses often rely upon judicial proceedings to offer interpretations of written and spoken proof, including emojis....

Witness Protection Program: Who is Eligible, and How to Protect Them?

March 06, 2025 by Yuliya Kelmansky
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What is the Witness Protection Program Used For The United States government offers a “Witness Protection” service to witnesses in high-profile criminal cases to safeguard them from danger. U.S. Federal Witness Security Program (WITSEC) 18 U.S....

How to Win a School Expulsion Hearing in California?

March 06, 2025 by Yuliya Kelmansky
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A student’s expulsion from school serves as a stigma. The expulsion of a student not only forces them to attend a school outside of the district, but it may also affect their chances of being accepted...

Hate Crimes Against LGBTQ

March 06, 2025 by Yuliya Kelmansky
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High rates of harassment and violence are experienced by the LGBTQ community, presumably considered higher than what is recorded by the FBI or other law enforcement organizations. Efforts have been made in certain jurisdictions to enact...

California Education Code 48900 for Student Discipline Explained

March 06, 2025 by Yuliya Kelmansky
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Education Code Section 48900: Suspension and Expulsion Students in California public schools may be suspended or recommended for expulsion if they: conduct violent crimes, possess drugs or weapons, steal, harass, haze, act obscenely, threaten to inflict...

What Types of Crimes Does the F.B.I. Investigate?

March 06, 2025 by Yuliya Kelmansky
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Criminal Priorities of The F.B.I. The F.B.I. has three national security priorities and five criminal priorities. Together, these tell the agency what kinds of crimes to look into. The three top priorities for national security are:...

Penalties for Assaulting A Pregnant Woman In California

March 06, 2025 by Yuliya Kelmansky
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What Does Assault of a Protected Class Individual Mean? The statute’s higher sentencing provisions apply to aggravated assault crimes committed against the protected class of individuals. In the event of an attack perpetrated against a protected...

Should I Turn Myself in If There’s a Warrant for My Arrest?

March 06, 2025 by Yuliya Kelmansky
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I Have a Warrant. What’s Next? Once you learn that an arrest warrant has been issued for you in California, you should immediately speak with a competent criminal defense attorney. Decisively surrendering to law enforcement is...

Why Children Lie About Sexual Abuse

March 06, 2025 by Yuliya Kelmansky
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Most Accusations are Accurate The percentage of fraudulent or fake allegations of sexual abuse of children is put between 4 and 8 percent. This means that 92% and 96% of reports are accurate. Survivors often struggle...

What You Should Know About Intellectual Property Theft

March 06, 2025 by Yuliya Kelmansky
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Intellectual Property Theft Theft of intellectual property refers to the illegal acquisition of another party’s formulas, designs, works of art, or other forms of intellectual labor. The United States Patent and Trademark Office (USPTO) issues rules...

Public Urination Laws in California

March 06, 2025 by Yuliya Kelmansky
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Urinating in Public As stated in Section 647 of the California Penal Code, urinating in public in California violates disorderly conduct. It might be a public nuisance violation under sections 370 and 372 of the California...

What Is a ‘Writ Of Habeas Corpus’ in Criminal Law?

March 06, 2025 by Yuliya Kelmansky
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Writ Of Habeas Corpus Habeas corpus has English common law foundations. The mechanism allows prisoners or others to protest their lawful imprisonment. A writ of habeas corpus (which means “produce the body”) is a court order...

What is a ‘Motion to Vacate a Judgment’ in Criminal Law?

March 06, 2025 by Yuliya Kelmansky
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You are Innocent A written request to overturn a criminal conviction is called a “motion to vacate a judgment.” It is filed in California because Penal Code 1473.7 PC is the law there. People who are...

Felony Murder: Petition for Reduced Sentence SB 1437

March 06, 2025 by Yuliya Kelmansky
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What is SB 1437 Petition? California has complicated murder laws. Several laws may render you guilty of murder even if you didn’t kill anybody. In 2019, the governor signed SB 1437 into law. SB 1437 applies...

What to Expect At Your First Meeting with a Criminal Defense Lawyer

March 06, 2025 by Yuliya Kelmansky
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Consulting an Attorney Facing criminal charges may be a terrifying experience. Most people have little to no experience with the police and less with the pitfalls of the criminal justice system. Finding, meeting, and learning to...

What is ‘Double Jeopardy’ in Criminal Law?

March 06, 2025 by Yuliya Kelmansky
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One Crime, One Case, One Outcome American Justice System Double jeopardy is a significant part of the United States Constitution. It comes from the second clause of the Fifth Amendment and keeps an accused individual from...

What is ‘Obstruction of Justice’?

March 06, 2025 by Yuliya Kelmansky
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Obstruction Charges Interfering with law enforcement while doing their jobs is the essence of obstruction of justice. Willfully “resisting, delaying, or obstructing a law enforcement officer or Emergency Medical Technician (EMT) while they are engaged in...

Can I Still Be Charged With Theft If I Return the Property?

March 06, 2025 by Yuliya Kelmansky
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Stolen Property The answer to this question may not be immediately apparent. Knowing the definition of theft in the California Penal Code is the first step in answering the question. Theft is often classified as either...

Can I Legally Record a Police Officer in the United States?

March 06, 2025 by Yuliya Kelmansky
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First Amendment Right Due to the First Amendment’s protection of free speech, the press, and the public’s right to know, the courts have upheld the practice of filming police officers. Most courts that have examined this...

California’s Elderly Parole Program

March 06, 2025 by Yuliya Kelmansky
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Inmates Over Fifty The California Parole System has been updated to include the Elderly Parole Program. Good conduct during incarceration may result in a prisoner’s release from jail before the conclusion of their (maximum) sentence, a...

What is ‘Child Procurement’?

March 06, 2025 by Yuliya Kelmansky
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What Does Procurement of a Child Mean? Child Procurement is the illegal act of giving your child or a child you have in your possession to another person as a prostitute or paying a child to...

What Is a ‘Commitment Order’ in California?

March 06, 2025 by Yuliya Kelmansky
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California Committment Orders A commitment order is a court-issued directive to confine a specific individual in a correctional institution, hospital or other institution for the foreseeable future. Specifically, a court directs legal enforcement officials to transport...

How Does Credit/Debit Card Skimming Work?

March 06, 2025 by Yuliya Kelmansky
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Beware of Skimmers, Use Credit not Debit Anyone making purchases or withdrawing cash from an ATM, buying petrol, or eating out might be a victim of card skimming. Installing a skimmer on your card reader will...

Can I Withdraw or Undo My Guilty Plea?

March 06, 2025 by Yuliya Kelmansky
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Plea Withdrawal By admitting guilt in court and waiving trial, a defendant effectively admits the charges against them are true. You waive any chance of successfully defending yourself by raising reasonable doubt about the accusations in...

How Are Defendants Caught with Child Pornography?

March 06, 2025 by Yuliya Kelmansky
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Task Forces Aimed at Stopping Child Pornography It is illegal to create, possess, transport, distribute, or sell any pornographic material featuring juveniles under the age of eighteen in the state of California, according to the state’s...

How Much Does an Attorney Cost?

March 06, 2025 by Yuliya Kelmansky
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Every Crime is Defensible Being arrested for a crime, any crime, is scary. The criminal justice system is complicated, and being accused of a crime is incredibly stressful. An experienced criminal defense attorney can help you...

What If a Witness or Victim Fails to Appear?

March 06, 2025 by Yuliya Kelmansky
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Failing to Appear If a witness is issued a subpoena but does not show up to testify, police may issue an arrest. If a witness shows up in court and refuses to testify, they have broken...

Understanding Embezzlement Charges in California

March 06, 2025 by Yuliya Kelmansky
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Which Are the Types of Embezzlement? Embezzlement is a theft offense defined as the misappropriation of funds by an organization or employer that were placed in their trust by another party. Many workers, contractors, or even...

Can You Get in Trouble for Selling Your Prescription Meds?

March 06, 2025 by Yuliya Kelmansky
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Selling Your Prescription Medication for Money? Narcotics are still a big problem in the United States. In the same way, in most states, it is a very serious crime to deal with or sell prescription medications....

Can You Get a DUI on a Golf Cart in California?

March 06, 2025 by Yuliya Kelmansky
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A DUI on a Cart, Seriously? Absolutely, but it’s a rare occurrence. In California, operating an automobile while intoxicated is unlawful. The permissible blood alcohol concentration (BAC) level is 0.08 percent. Underage motorists are prohibited from...

Sextortion Cyber-Tipline Report Unveils Trends

March 06, 2025 by Yuliya Kelmansky
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Sextortion – The Internet Sex Crime “I won’t get caught, I’m a hacker I covered my tracks”… “If u don’t play I promise I’ll f*ck your life over.” ~ Famous last words by Richard Finkbiner When...

What To Do If a Federal Arrest Warrant Has Been Issued

March 06, 2025 by Yuliya Kelmansky
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Do You Have Federal Arrest Warrant? Anyone caught up in a federal criminal case is in a scary situation. Whether you have been arrested on a federal charge or been told a warrant will be issued,...

How Often Do Sex Offenders Reoffend?

March 06, 2025 by Yuliya Kelmansky
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Recidivism in Sex Crimes Recidivism is when a convicted criminal returns to criminal conduct. While the etiology of criminal conduct is complicated and recidivism stems from psychological and societal circumstances, recidivism is not just recurrent offending....

Common Crimes Committed on Halloween

March 06, 2025 by Yuliya Kelmansky
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Crimes on All-Hallows-Eve American celebrations of Halloween date back to the late 19th century. Everyone, from adults to teenagers to young children, participates in Halloween by donning costumes, going door to door, carving pumpkins, telling scary...

The Difference Between a Federal and a State Charge

March 06, 2025 by Yuliya Kelmansky
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What’s the Difference Between Fed and State Charges? While state legislatures and attorneys general handle most criminal law matters, federal authorities may step in to prosecute crimes committed in interstate or foreign commerce or on federal...

What is Complicity in a Crime?

March 06, 2025 by Yuliya Kelmansky
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Aiding a Crime – Accomplice Liability Aiding or encouraging another person to commit a crime is known as complicity. It’s also known as “assisting and abetment.” A person who aids and abets the guilty is called...

What Is a ‘Parole Board’, And How Does It Work?

March 06, 2025 by Yuliya Kelmansky
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What’s a Parole Board? A parole board is a group of people who can decide whether or not an inmate should be released from prison. A convict may be eligible for parole after serving a certain...

What is a Civil Harassment Restraining Order?

March 06, 2025 by Yuliya Kelmansky
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When I Can File for Restraining Order? When someone is subjected to illegal violence, a genuine threat of violence, or a knowing and purposeful pattern of behavior that significantly scares, irritates, or harasses and serves no...

What is Doxxing in California?

March 06, 2025 by Yuliya Kelmansky
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What is Doxxing? Doxxing or doxing, an abbreviation for “dropping papers,” occurs when an attacker collects personal information on an individual and then makes that information public to irritate, harass, intimidate, or stalk the victim. Criminals...

What Actions May Trigger an IRS Audit?

March 06, 2025 by Yuliya Kelmansky
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Why Would the IRS Audit a Tax Return? Tax returns, supporting papers, and other financial accounts and information are all subject to an IRS audit to verify the correctness of the information presented on the return,...

How Can People Who Commit Fraud Impersonate Me?

March 06, 2025 by Yuliya Kelmansky
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It is illegal to use another person’s name or identity to do injury or get an inappropriate profit, as defined in PC 529, which also goes by the label of “false personation.” A misdemeanor or a...

Can The Police Force You to Unlock Your Phone?

March 06, 2025 by Yuliya Kelmansky
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Tell Them They Aren’t Allowed In the last several years, technology has advanced at a breakneck pace. Most of us rely extensively on technology in our daily routines and activities. We depend heavily on our smartphones,...

What Should I Expect if I’m Arrested at a Protest?

March 06, 2025 by Yuliya Kelmansky
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The Freedom to Peacefully Assemble The freedom to peacefully assemble and protest is guaranteed under the First Amendment. In some situations, government officials do have the power to limit free speech or free assembly. Learn your...

How to Defend Against Police Surveillance at Protests and Rallies

March 06, 2025 by Yuliya Kelmansky
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How to Defend Against Police Surveillance at Protests The right to join fellow citizens in protest is one of the foundations of democracy and a cornerstone of the First Amendment. Unfortunately, law enforcement officials can use...

What Is ‘Negligent Homicide’?

March 06, 2025 by Yuliya Kelmansky
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Defining ‘Negligent Homicide’ When a person loses their life, it’s not unusual for a seemingly harmless character to be prosecuted with manslaughter, even if the death was an accident. Furthermore, it’s too common for prosecutors to...

What is a ‘Procedural Defense’ in Criminal Law?

March 06, 2025 by Yuliya Kelmansky
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Procedural Defense Factual Defense Affirmative Defense Common Defenses What Is a ‘Procedural Defense’ In Criminal Law? When you are facing accusations, one of the essential things you can do is familiarize yourself with the numerous legal...

How Character Witnesses Can Help Your Criminal Case

March 06, 2025 by Yuliya Kelmansky
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Character Witnesses vs. Eye witnesses In a criminal case, the defense and the prosecutor might call witnesses to testify on the stand. There are different types of witnesses, including eyewitnesses and character witnesses. An eye witness...

Can You Expunge a Juvenile Record in California?

March 06, 2025 by Yuliya Kelmansky
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A Record That Follows You A juvenile record contains all documents, court orders, and reports in a juvenile court file. It also includes other documents related to the juvenile record held by the Department of Justice,...

The Clear Correlation Between Education and Crime

March 06, 2025 by Yuliya Kelmansky
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A Profound Correlation Many people believe that Education and Crime have an inverse causal relationship, that the more education one has received, the less likely one will be to engage in criminal activity. According to the...

Should You Try to Stop a Crime in Progress?

March 06, 2025 by Yuliya Kelmansky
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Hero or Zero? We live in a world full of crime, and knowing how to react when we witness a crime is essential. Simply because being informed on how to react in situations where crime is...

Is Squatting the Same Thing as Trespassing?

March 06, 2025 by Yuliya Kelmansky
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Squatters’ Rights in California California is the highest populated state, and because of this, many people tend to reside in properties that are not theirs. Squatting is overwhelming for landlords and frustrating, especially for new property...

How The Military Handles Sex Crimes

March 06, 2025 by Yuliya Kelmansky
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Military Sex Crimes Over the years, the military has struggled to curb the spread of sexual assault and harassment within its rank. This issue became apparent after specialist Vanessa Gillen was sexually assaulted and later killed....

Do I Lose My Right to Vote as a Convicted Felon?

March 06, 2025 by Yuliya Kelmansky
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It Depends on Your State Americans consider being heard through voting for their choice of representatives as one of the most fundamental rights. These rights are all advocated as stipulated in the United States constitution. As...

Can Parental Rights Be Terminated After a Child Abuse Charge?

March 06, 2025 by Yuliya Kelmansky
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The Art of Parenting Parents consider the relationship with their children to be of the utmost importance. If a court decides to take an involuntary termination of a parent’s parental rights, it is often a decision...

Can My Gun Rights Be Taken Away with a Domestic Violence Case?

March 06, 2025 by Yuliya Kelmansky
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Prosecutors Take Domestic Violence Seriously Domestic violence is a severe criminal offense that can seriously impact your life. The case entails threatening or harming a partner, whether you are in an intimate relationship or cohabiting together....

Involuntary Manslaughter vs. Accidental Homicide

March 06, 2025 by Yuliya Kelmansky
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Criminal or Civil? Homicide is the killing of a person by another. Not all homicides are unlawful. Lawfulness depends on one’s conduct that caused the death of another. “Manslaughter is the unlawful killing of a human...

Passport Mistake vs. Passport Lie

March 06, 2025 by Yuliya Kelmansky
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Honest Mistake or Federal Crime? A US passport is one of the most important traveling/identity documents one can own. However, this also means that they are one of the most secure passports in the world. The...

Statute of Limitations in California and Federal Criminal Cases

March 06, 2025 by Yuliya Kelmansky
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The Clock Starts Now Question: “When does the Statute clock start?” Answer: “Once the police discover a crime.” This is usually when the investigation starts as they try to figure out what happened and who could...

Biking Under The Influence in California

March 06, 2025 by Yuliya Kelmansky
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Riding Your Bike Impaired A lot of people in California today are choosing to opt for a bike as an alternative to driving. After all, it helps them avoid the long hours of California traffic jams...

Constitutional Rights: What Is The Problem with Rapid DNA?

March 06, 2025 by Yuliya Kelmansky
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Rapid DNA Testing For years forensic scientists have been using DNA testing and research to help law enforcement solve and identify potential suspects of certain crimes. Success stories like the catching of the Golden State Killer,...

What is ‘Presumption of Innocence’ in Criminal Justice?

March 06, 2025 by Yuliya Kelmansky
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American Criminal Justice ‘Presumption of Innocence’ says that a criminal defendant accused of a crime is thought to be innocent until they are proven guilty. So, if the person is to be found guilty, the prosecutor...

What is “Contempt of Court” in Criminal Law?

March 06, 2025 by Yuliya Kelmansky
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Civil or Criminal Contempt Disobedience to a court order is considered contempt of court. In California, like in most states, civil contempt and criminal contempt are recognized as forms of contempt of court. There are certain...

Potential Defense Strategies For Credit Card Fraud

March 06, 2025 by Yuliya Kelmansky
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How to Defend Fraud Charges: Hire an Attorney Credit card fraud is unlawfully using a credit card, debit card, or other payment mechanisms. The court considers it theft when someone is accused of applying for a...

Effects Of Gun Control Measures In California

March 06, 2025 by Yuliya Kelmansky
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California Leads The Nation The Constitution’s Second Amendment says that people in the State of California can own and carry guns. But the state has the right to regulate and limit who can possess certain firearms...

Why Defendants Shouldn’t Contact Witnesses By Themselves

March 06, 2025 by Yuliya Kelmansky
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Your Lawyer Will Contact Them if Needed Defendants shouldn’t speak to witnesses during criminal court proceedings. The judge typically directs the defendant not to contact any witnesses. Because of this, any words a defendant makes to...

Can You Get Deported for Drugs in California?

March 06, 2025 by Yuliya Kelmansky
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Not So Coolifornia If you’ve been charged with a drug offense in California, immigration consequences like deportation depend on several factors, such as the type of crime you committed and your criminal history. If you’re a...

Helping Your Party Guests Avoid a DUI

March 06, 2025 by Yuliya Kelmansky
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Help Prevent DUI Charges and Accidents As a consequence of serving alcohol at their party, hosts may be held legally liable for the acts of their visibly intoxicated guests. In situations involving accidents caused by intoxicated...

Is Failure to Report a Crime, a Crime in California?

March 06, 2025 by Yuliya Kelmansky
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Depends on The Type of Crime People often wonder whether they have a legal duty to report a crime. Everyone has different responses after witnessing a crime. While some will jump into action and try to...

Can You Become a Lawyer Without Going to Law School in California?

March 06, 2025 by Yuliya Kelmansky
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Research Your Lawyer’s Education Question: Can anyone practice law without attending law school? Answer: Surprisingly the answer is YES, in some states. In 2021, four states (California, Virginia, Vermont, and Washington) approved laws for those with...

How a Domestic Violence Charge Affects Child Visitation Rights

March 06, 2025 by Yuliya Kelmansky
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Domestic Violence Can Haunt You Regardless of the parent’s marital status, any history of domestic violence in California will likely affect custody decisions. All courts managing child custody must determine whether parents are fit and capable...

Is Smoking Weed in Public Legal?

March 06, 2025 by Yuliya Kelmansky
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Marijuana Use in America In 1970, Congress declared marijuana illegal under the Controlled Substances Act. The Act categorizes marijuana as a Schedule One drug, which means that it has “a high potential for abuse and little...

What Does it Mean to Recant a Confession to the Police?

March 06, 2025 by Yuliya Kelmansky
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Changing Your Official Statements Recanting a statement means you want to withdraw, or take back, a previous statement that you made to the police. The consequences of deciding to recant your statement will vary depending on...

Can Police Track Who You Call on Your Phone?

March 06, 2025 by Yuliya Kelmansky
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Digital Forensics: The Cellebrite UFED Touch 2 Wiretapping by Law Enforcement Law enforcement officers can begin investigating you without your knowledge or being informed. Phones contain much sensitive information that should not be privy to everyone....

Traffickers, Their Victims, and the People Who Buy Humans

March 06, 2025 by Yuliya Kelmansky
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What is Human Trafficking? Human trafficking is a despicable crime that is often misunderstood because most people don’t know how to identify the signs and common risk factors. The United Nations defines human trafficking as, “recruitment,...

The Difference Between Money Laundering and Embezzlement

March 06, 2025 by Yuliya Kelmansky
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White Collar Crimes involving Money Both money laundering and embezzlement involve hiding money which is why in some cases they are often confused with each other. However, the only thing that these two crimes have in...

Domestic Violence Inflicted by Women Against Men

January 20, 2025 by Anastasiia Ponomarova
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Depp vs. Heard The Johnny Depp vs. Amber Heard defamation trial has captivated audiences around the globe, with live streams of the court proceedings reaching hundreds of millions of people. No matter if you’re on Johnny’s side or...

How does a DUI Plea Bargain Work?

January 02, 2025 by Yuliya Kelmansky
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DUI Plea Bargains in California Negotiating DUI plea bargains are very common practice in the area of criminal law, from both the defense and prosecution side of the table. Most cases do not make it all...

Getting your Case Dismissed with a PC 1381 Demand

January 02, 2025 by Yuliya Kelmansky
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What is Penal Code 1381 PC? A PC 1381 Motion is a demand to go to trial by someone who has been sentenced to imprisonment for 90 days or more. For example, if a person has...

Possible Defenses for a California DUI, DUID

January 02, 2025 by Yuliya Kelmansky
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Below we will discuss a few popular defense strategies for winning a California DUI case. Please bear in mind that every DUI case is unique regarding the circumstances, and should be discussed in detail with an...

The Police Knock on Your Door: What Should You Do?

January 02, 2025 by Yuliya Kelmansky
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The Police Are at Your Door One of the most frequent questions we get is: “Do I have to let cops in my house if they knock on my door and tell me they need to...

What if I am Falsely Accused of a Crime?

January 02, 2025 by Yuliya Kelmansky
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Emotional Intelligence Prevails Remain calm. Don’t lose your cool. After all, you’re innocent. Cool heads will prevail, and reasonable people will work things out. Believe in this. Mistake of Fact Your accuser may even be innocent...

Getting a DUI Charge as an Undocumented Immigrant

January 02, 2025 by Yuliya Kelmansky
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Will ICE be Alerted about a DUI if I’m Undocumented? Short answer: It’s Probable. Here’s how: The arresting officer or agency may alert ICE directly.(it varies, entirely at the discretion of the police) Your criminal arrest...

Why You Should Never, Ever Talk to the Police

January 02, 2025 by Yuliya Kelmansky
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You Have the Right to Remain Silent All over the state of California, prison and jail cells are filled with innocent people wrongly convicted of crimes they did not commit, and many of them will spend...

Employment After a Felony Conviction

January 02, 2025 by Anastasiia Ponomarova
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Avoid a Felony at All Cost A felony conviction can be devastating to your search for gainful employment, as most reputable companies and desired job positions will merit some form of background check. Depending on the...

Do You Need to Take a Field Sobriety Test

January 02, 2025 by Yuliya Kelmansky
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Should I take a Field Sobriety Test? After reading question after question regarding field sobriety tests and whether or not they are necessary to take, I took it upon myself to answer these questions here. In...

What Are Good Questions to Ask a Criminal Defense Attorney?

January 02, 2025 by Yuliya Kelmansky
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What Makes a Good Criminal Defense Attorney? While we as individuals face certain daily situations that are stressful, uncertain, and traumatic, one of the most worrying and scary situations someone can face is being charged with...

Penal Code 1203.2 – Probation Violations In California

January 02, 2025 by Yuliya Kelmansky
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Penal Code 1203.2 – Probation Violations In California Probation is a frequently utilized sentencing option in California criminal law, serving as an effective means for defendants to avoid incarceration while still fulfilling their societal obligations. However,...

How to Check if You Have a Police Warrant in California

December 23, 2024 by Yuliya Kelmansky
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3 Types of Warrants in California If you suspect that you may have an outstanding warrant in California, we highly advise that you confirm whether your suspicions are true or not by proactively handling this issue...

How to Successfully Recant a Domestic Violence Statement

December 22, 2024 by Yuliya Kelmansky
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How to Successfully Recant a Domestic Violence Statement To recant a statement signifies retracting, withdrawing, or disowning it. There are many different motives for individuals to desire to retract a statement. Maybe the individual, being under...

Domestic Violence & Mandatory Arrest Policies in California

December 17, 2024 by Yuliya Kelmansky
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Domestic Violence Laws in California Domestic violence laws in California make it a crime to cause harm or threaten to harm a current or former spouse, co-parent, co-habitant, or another form of an intimate partner. Sometimes,...

What if I am Falsely Accused of a Crime?

December 13, 2024 by Yuliya Kelmansky
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Emotional Intelligence Prevails What if I am Falsely Accused of a Crime? Remain calm. Don’t lose your cool. After all, you’re innocent. Cool heads will prevail, and reasonable people will work things out. Why False Accusations...

What Happens If You Forget Your Court Date In California?

December 10, 2024 by Yuliya Kelmansky
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Failure to Appear in California If you miss your court date, you’ll be charged with failure to appear (FTA). The judge may issue a bench or criminal arrest warrant depending on why you were to appear...

Can Police Access Your Phone Remotely?

November 30, 2024 by Yuliya Kelmansky
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GPS, Cellular or WIFi Triangulation Looking for Evidence If the police try to access your phone, it’s likely because they’re gathering evidence against you. Passcode-cracking and vulnerability-exploiting businesses are becoming more adept at weakening mobile devices....

Understanding Wet Reckless: How it Differs from DUI Charges

November 18, 2024 by Yuliya Kelmansky
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Reducing Your DUI Charges to ‘Wet Reckless’ Driving under the influence (DUI) is a serious offense that can result in severe penalties, such as fines, license suspension, and even jail time. However, in some cases, a...

Understanding a 5150 Hold in California

November 09, 2024 by Yuliya Kelmansky
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Introduction to the 5150 Hold The 5150 hold, named after the corresponding section of the California Welfare and Institutions Code, refers to a legal provision that allows for the temporary involuntary detention and evaluation of individuals...

What’s the Difference Between a Dismissal and an Expungement?

October 26, 2024 by Yuliya Kelmansky
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Dismissal and Expungement If you are facing criminal charges that can impact your future, you might be wondering how to erase them from your record. Many people do not know the difference between a dismissal and...

How to Get a Domestic Violence Case Dismissed

October 13, 2024 by Yuliya Kelmansky
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California Corporal Injury PC 273.5 Domestic violence is serious, and anyone who harms another innocent person physically through unprovoked assault should face penalties. However, sometimes these alleged domestic violence cases, which involve a partner accusing the...

Grounds for a Cease and Desist Letter (With Free Templates)

September 26, 2024 by Yuliya Kelmansky
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Cease and Desist Notices A “cease and desist” notice is a written request for someone to stop doing something illegal or thought to be illegal right away. It could be a court order, an injunction from...

How to Reduce PC 273.5, Corporal Injury Domestic Violence Charges

September 22, 2024 by Yuliya Kelmansky
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Understanding California Domestic Violence Laws (PC 273.5) Under California Penal Code 273.5 PC, it is illegal to inflict corporal injury on a former spouse, co-parent, cohabitant, or dating partner. Corporal injury is any physical injury— no...

Can You Carry Someone Else’s Prescription Medication in California?

September 11, 2024 by Yuliya Kelmansky
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Possession of Controlled Substance For many types of controlled substance laws in California, it’s a crime to merely have the drug in your possession without a doctor’s prescription, as this can create the assumption that since...

What Does “Beyond a Reasonable Doubt” Mean in Criminal Law?

June 20, 2024 by Yuliya Kelmansky
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Guilty, Beyond a Reasonable Doubt A prosecutor should prove that the defendant is guilty of the crime for which he or she has been accused “beyond a reasonable doubt”. This means that the proposition, scenario, or...

How Long Can a Psych Ward Hold You In California on a 5150?

May 28, 2024 by Yuliya Kelmansky
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California Involuntary Hold Process In California, individuals deemed to be at risk due to mental illness can be subject to an emergency 72-hour hold, commonly known as a “5150” hold. This intervention, authorized by law enforcement...

What is Character Evidence?

May 22, 2024 by Yuliya Kelmansky
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Character Evidence – CA Evidence Code 1101 EC The California Evidence Code sets out the rules of evidence for state courts. The rules of evidence, and evidentiary matters in general, are complicated, and you need an...

Domestic Violence Trials in Los Angeles

April 21, 2024 by Yuliya Kelmansky
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Winning in Court for Domestic Violence in LA A conviction for domestic violence can have serious consequences to your family life, your work life, your reputation and your ability to possess or own guns. In terms...

How to Defend Against a DUI: Beat The Charge

March 29, 2024 by Yuliya Kelmansky
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Fighting Your DUI Charge Driving under the influence (DUI) charges can have serious consequences, including fines, license suspension, and even jail time. However, it is possible to beat a DUI charge and have it dismissed. In...

DUI FAQ | Frequently Asked Questions About Drunk Driving

March 04, 2024 by Yuliya Kelmansky
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Frequently Asked Questions About Drunk Driving As one of the leading DUI attorneys in Los Angeles, we frequently encounter clients who have numerous questions regarding drunk driving. In this comprehensive guide, we aim to address the...

What Is the Difference Between Simple Assault and Aggravated Assault?

January 25, 2024 by Yuliya Kelmansky
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Assault Charge – Penal Code 245 in California Assault is a serious offense in California, and understanding the distinction between simple assault and aggravated assault is crucial. While both offenses involve the intentional act of causing...

What is the Role of the Prosecution in a Criminal Case?

November 27, 2023 by Yuliya Kelmansky
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Adversarial Justice System What is the Role of the Prosecution in a Criminal Case? The United States has what is known as an “adversarial judicial system” – in other words, criminal cases are contests between two...

What is the Role of the Judge in a Criminal Case?

November 22, 2023 by Yuliya Kelmansky
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Interpreting the Law The role of the Judge in a Criminal Case has several duties. They interpret the laws, assess any evidence presented, and oversee how hearings and trials unfold in the criminal courtroom. But perhaps...

Do You Need to Take a Field Sobriety Test?

October 11, 2023 by Yuliya Kelmansky
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Should I take a Field Sobriety Test? After reading question after question regarding field sobriety test and whether or not they are necessary to take, I took it upon myself to answer these questions here. In...

Possible Consequences of a Misdemeanor Probation Violation

October 09, 2023 by Yuliya Kelmansky
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Misdemeanor Probation Violation Misdemeanor probation, also termed summary probation, is a form of alternative sentencing that is typically granted for misdemeanor offenses. When facing conviction for a misdemeanor, the presiding judge has the discretion to impose...

Possible Consequences of a Felony Probation Violation

October 03, 2023 by Yuliya Kelmansky
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Felony Probation Violation Felony probation is a penal measure applicable in California for specific individuals who have been convicted of a crime. Rather than serving their sentence in a correctional facility, they are released on the...

Is Violation Of Probation A Felony Or Misdemeanor?

August 30, 2023 by Yuliya Kelmansky
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Is Violation Of Probation A Felony Or Misdemeanor? There are three main types of probation: Misdemeanor probation for less severe offenses Felony probation for more serious crimes, and DUI probation for individuals convicted of driving under...

What are Psychosexual Evaluations?

June 21, 2023 by Yuliya Kelmansky
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Psychosexual Evaluations When navigating cases of sexual misconduct, individuals have found great benefit in undergoing a psychosexual evaluation (PSE), a potent tool often referred to as a sexual deviancy evaluation. Not only does this evaluation aid...

Worst Roommate Ever: Can Roommate Fights Be Domestic Violence?

June 09, 2023 by Yuliya Kelmansky
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Roommate Disputes and Violence Domestic violence pertains to violence or threats of violence that occur within a household. Spouses, children, partners, siblings, relatives, and roommates are all-encompassed. Roommate conflicts and aggression are classified as domestic violence,...

What is “Intent” in Criminal Law?

May 18, 2023 by Yuliya Kelmansky
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What is “Intent” in Criminal Law in California? California intent in criminal law code section 250 states that there must be a union of act and intent, forming what is called “general intent” in order to...

Bomb Threats and False Bomb Threats

April 10, 2023 by Yuliya Kelmansky
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California Bomb Threats and False Bomb Threats Penal Code 148.1 Bomb threat reporting is actually governed by the California Penal Code, because there are so many false reports each year that the legislature has determined it...

How Do I Choose a DUI Defense Attorney?

March 20, 2023 by Yuliya Kelmansky
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Having an Attorney is Best Being charged with DUI can be overwhelming for many drivers, so facing it with a DUI attorney is beneficial. This helps you understand and navigate situations wisely. It will also save...

Can I Be Charged With Raping My Spouse?

January 17, 2023 by Yuliya Kelmansky
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What Is Marital Rape or Spousal Rape? California PC 262 details the offense of rape against a spouse. To commit spousal rape, an offender must have sexual contact with their wife in violation of her consent...

The Los Angeles Homeless Epidemic: A Mental Health Crisis

December 29, 2022 by Anastasiia Ponomarova
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The Glitz and Glamour Despite Los Angeles being the home to many jet-setting high-profile celebrities, there is a crisis under all that facade, and it is spilling onto the streets. The problem is not localized to...

Can Being a Confidential Informant Reduce Your Charges?

December 08, 2022 by Yuliya Kelmansky
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It’s Up to You A person who provides government officials with information in exchange for rewards is a confidential informant. On the other hand, this setup isn’t always optimal. Your case may benefit; however, working with...

What Crimes Affect Immigration Proceedings?

December 06, 2022 by Yuliya Kelmansky
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Crimes Affecting Immigration Status Suppose you are a noncitizen who has a criminal record. In that case, you may find getting a work visa or permanent resident status in the United States challenging, regardless of where...

Should Parents be Responsible for Their Children’s Crimes?

December 05, 2022 by Yuliya Kelmansky
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The Importance of Parental Responsibilities As a parent, it may be difficult and frustrating to see your child going through a period of defiance. Parents in California now have one more thing to worry about: will...

Are Consensual Fights Legal in California?

August 31, 2022 by Yuliya Kelmansky
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Can I Run a Fight Club? The old common-law idea that fighting between two adults willing to engage in the activity is essentially ‘legalized fighting’ is a misnomer. Given its origins in dueling, it’s hardly surprising...

Is Gambling Illegal or Legal in California?

August 29, 2022 by Yuliya Kelmansky
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A Liberal Frontier State California has a lengthy controlled but often unregulated gaming history as a frontier state. Due to its population growth over the 20th century, California is one of the most prominent ‘liberal’ states...

K-9 Drug-Sniffing Dogs and Traffic Stops in California

August 28, 2022 by Yuliya Kelmansky
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Waiting on the K-9 Unit A trained police dog is used in a canine smell test, also known as a police dog sniff test, to hunt for evidence of criminal activity. Police dogs are often used...

How An International Student’s Visa Might Be Affected By an Arrest

August 11, 2022 by Yuliya Kelmansky
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Attention International Students and Dreamers Visa-holders from other countries are responsible for knowing what is permissible and what violates local, state, and federal laws when they enter the United States. Students in the nation on a...

How Long Does a DUI Stay On Your Record In California?

August 06, 2022 by Yuliya Kelmansky
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DUI Convictions A DUI conviction stays on your record for up to ten years and is visible by the DMV and law enforcement throughout that period. In California, DUI convictions persist for ten years, and accumulate...

How Forensic Sketch Artists Help Catch Criminals

August 05, 2022 by Yuliya Kelmansky
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Scene Documentation Scene documentation records the crime scene’s state. The criminal scene’s condition must be noted after the preliminary scene inspection. This is the investigator’s most crucial duty. Since crime scenes alter as soon as they’re...

Why Should I Not Discuss My Case With Anyone?

August 04, 2022 by Yuliya Kelmansky
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Trust No One Disclosing or communicating information about a case goes by many different names. There are restrictions on what kind of information may be shared publicly. The court’s regulations may permit you to disclose information...

How Do I Apply for a License to Carry a Firearm in California?

August 03, 2022 by Yuliya Kelmansky
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Concealed Weapons Permit (CCW) To legally carry a weapon in California, one must apply for a concealed weapons permit (CCW), which allows ordinary citizens to carry firearms in California. Without a CCW, having a loaded or...

Can I Get Out of Jail for Good Behavior in Los Angeles?

July 28, 2022 by Yuliya Kelmansky
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Good Credit It is challenging for prisoners to participate in all incarcerated rehabilitative programs. In some states, prisoners can get up to 54 days off their sentence for good behavior. The federal law describes good behavior...

How to Apply for a Pardon in California

July 28, 2022 by Yuliya Kelmansky
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Governor’s Pardon: Rare but Invaluable Tool A pardon is an opportunity given to a convicted felon to show they have undergone full rehabilitation for the crime they were convicted of. If a convicted criminal is awarded...

Is a Traffic Ticket a Misdemeanor in California?

July 28, 2022 by Yuliya Kelmansky
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California Infractions and Misdemeanors If you got a traffic ticket in California, don’t worry. Getting a moving violation is never easy, but you may proceed through the California traffic ticket procedure swiftly and easily – and...

Excessive Bail: What Are Your Rights?

July 28, 2022 by Yuliya Kelmansky
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You Have Rights Against It Excessive bail refers to the amount of cash or bond a defendant is ordered to pay by a court. It is necessary to ensure they will make court appearances. The Eighth...

Bad Strategies That Could Trigger Self-Incrimination in a Criminal Case

July 28, 2022 by Yuliya Kelmansky
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1. Good: Consider Pleading the Fifth Individuals are shielded from self-incrimination under the Fifth Amendment, by choosing to remain silent. To commit self-incrimination, you must either purposefully or inadvertently disclose information that might lead to criminal...

Does A DUI Affect Auto Insurance in California?

July 26, 2022 by Yuliya Kelmansky
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How does a DUI affect Car Insurance? Financial and legal difficulties can be significant long after a DUI conviction for driving under the influence. The next steps in your legal process will be complicated; thus, to...

Was Your Child Arrested for Drugs at School in California?

July 25, 2022 by Yuliya Kelmansky
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Twenty Percent of Teens For a responsible parent, receiving that phone call that your child has been arrested in school for drugs can be devastating. Instead of questioning your ability as a good parent, you should...

Teenage Breakups and The Dangers of Stalking

July 25, 2022 by Yuliya Kelmansky
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Teens and Stalking There are many forms of stalking. In fact, it’s has reached a chronic public health crisis in this country. Stalking among teenagers most often occurs when a relationship ends, and the teenage stalker...

What’s The Difference Between Conspiracy And Racketeering (RICO)

July 25, 2022 by Yuliya Kelmansky
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Conspiracy or RICO? Feds stoutly prosecute racketeering and conspiracy, so you have to understand the stakes if accused. Conspiracy is a collective criminal activity that occurs when two or more people plan to commit a crime...

26 Types of Evidence Used in Criminal Trials

July 12, 2022 by Yuliya Kelmansky
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Evidence in Criminal Trials When used in the context of an inquiry, the term “evidence” refers to a wide variety of sources of information that might be used to establish or deny issues in dispute before...

What Does It Mean When a Charge Is Dropped?

July 12, 2022 by Yuliya Kelmansky
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Flawless Victory If criminal charges are dropped, there will be no trial, and no repercussions will be imposed for the alleged offense. If you are convicted and charged with a crime, the arresting officer will provide...

Unfair Tactics Used in Domestic Violence Prosecution

July 12, 2022 by Yuliya Kelmansky
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California Prosecutors Take DV Cases Seriously A domestic violence charge is a serious criminal offense. It includes issuing abuse or threats to anyone close to the defendant. These include spouses, former or current cohabitants, children, and...

What Does ‘Dismissed Without Prejudice’ Mean?

June 29, 2022 by Yuliya Kelmansky
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Criminal Court Dismissals A criminal case may be dismissed before, throughout, or even after the trial. It could be the outcome of a proposal to dismiss filed by the prosecutor or the defendant, or it could...

What is ‘Strict Liability’ in Criminal Law?

June 27, 2022 by Yuliya Kelmansky
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The Legal Doctrine of Strict Liability Under California law, strict liability crimes are those that do not require the prosecutor to provide fault. Rather, all the prosecutor has to prove is that the defendant did something...

Can I Get a DUI for Taking Prescription Medication in California?

June 27, 2022 by Yuliya Kelmansky
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DUI for Taking Prescription Medication Most people assume they cannot get a DUI for taking prescription medication, but this could not be further from the truth. The California Vehicle Code 23152(f) makes it unlawful for any...

Am I Being Sexually Harassed at Work?

June 26, 2022 by Yuliya Kelmansky
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Sexual Harrassment Laws There are laws against sexual harassment in the workplace. However, individuals may still engage in sexual harassment, making others in the workplace feel uncomfortable, threatened, or unsafe. Sometimes, people may not realize they’re...

What are The Laws for Carrying a Knife in California?

June 22, 2022 by Yuliya Kelmansky
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Carrying a Knife in California? California’s knife laws can be difficult to interpret because it is the most populous state in the country and has a diverse range of political viewpoints. Knowing the laws can help...

What Is The Difference Between Sexual Assault and Sexual Abuse?

June 19, 2022 by Yuliya Kelmansky
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Abuse or Assault? In most sex crimes cases, you have probably heard the terms sexual abuse or sexual assault used. These terms are often used interchangeably when describing sex crimes. However, these two are considered different...

What Laws Does California Enact to Help Prevent Date Rape?

June 04, 2022 by Yuliya Kelmansky
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California Date Rape Laws Being charged with a rape offense can be a very terrifying situation. Getting charged with rape crime comes with a lot of damage to different sectors of life, particularly to your reputation....

Why Are Sex Crimes Treated Differently?

May 28, 2022 by Yuliya Kelmansky
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The Stigma of a Sex Crime If you have ever been charged with a sex crime, you probably know how severe a sex crime conviction can be. Prosecutors and law enforcement alike put a lot of...

Does My Criminal Record Appear on Background Checks?

May 23, 2022 by Yuliya Kelmansky
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Does My Criminal Record Appear on Background Checks? The simple answer is yes. Depending on the intensity and how far back the background search goes, your criminal record will most likely appear on it. Let’s dive...

When Is Harassment Considered Criminal in Nature?

May 10, 2022 by Yuliya Kelmansky
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When Is Harassment Considered a Crime? Consistency in harassment often leads to criminal offenses on the victims. These offenses are the worst in nature and may leave a permanent mark on the lives of the victim....

Everything You Need to Know about Restraining Orders in California

May 09, 2022 by Yuliya Kelmansky
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Restraining Orders in California Verbal or physical abuse is considered against the law in California since it is a criminal offense. These criminal offenses could result from abuse or threats between two relatives, married couples, domestic...

California’s “Insanity Defense” – The M’Naghten Rule

May 05, 2022 by Yuliya Kelmansky
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Ed Gein was found not guilty by reason of insanity and committed to a mental hospital for life. Legal Insanity as a Defense California’s Insanity defense refers to the California law which states that a legally...

Does Showing Remorse for a Crime Help Reduce Penalties?

May 05, 2022 by Yuliya Kelmansky
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It’s Never Too Late.. “Is it too late now to say sorry?” If you’ve been accused of or charged with a crime, you may be wondering if displaying remorse for your actions will help you get...

Early Termination of Probation – PC 1203.3

May 04, 2022 by Yuliya Kelmansky
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Early Termination of Probation – PC 1203.3 Overview Upon conviction, a judge may order probation in lieu of incarceration depending on the seriousness of the crime, and potential risk to public safety. Under California law, there...

What are the Common Causes of Wrongful Convictions?

May 03, 2022 by Yuliya Kelmansky
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Errors in Justice The justice system is not always in favor of the defendant. The risks of poor presentation from the lawyer increase, especially with the public defenders. They lack resources, experience, skills, and they are...

What are Rape Shield Laws?

April 29, 2022 by Yuliya Kelmansky
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What are Rape Shield Laws? California is one of 48 states that have enacted a Rape Shield Law. Primarily designed to protect the rights of complaining witnesses in sexual assault cases, any person accused of a...

What Are the Types of False Confessions?

April 15, 2022 by Yuliya Kelmansky
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What Are the Types of False Confessions? Anyone who has been interrogated by the police understands how stressful it can be. Television detectives will lie and coerce suspects to get the desired response. Real-life interrogations aren’t...

Charged with Domestic Violence During Your Visa Application?

April 04, 2022 by Yuliya Kelmansky
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Denial of Citizenship People charged with certain crimes may be rendered ineligible for a U.S. visa or excluded from citizenship. Understanding the requirements for a visa can be complicated. If you’ve found yourself being charged with...

Defining the Crime of ‘Stalking’ in Los Angeles

April 03, 2022 by Yuliya Kelmansky
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The Crime of ‘Stalking’ in Los Angeles California I’ll be a hard-lovin’, pushin’ kind of individual Knockin’ night and day at your door You’ll have to turn me away like an indestructible force Baby, I’m gonna...

Recognizing Domestic Violence in Relationships

March 28, 2022 by Yuliya Kelmansky
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Domestic Violence Comes in Many Forms Although you might think that signs of domestic violence would be blatant, that’s not always the case. Sometimes, small behaviors, patterns, and aggressions that you may shrug off are actually...

Will a Criminal Record Affect Your Ability to Get a Passport Issued?

March 25, 2022 by Yuliya Kelmansky
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Passports and Criminal Records Some legal problems can make obtaining a passport complicated. While a criminal history alone usually won’t impact your ability to get a passport issued or reissued, there are some special legal circumstances...

Unconsciousness as a Criminal Defense

March 04, 2022 by Yuliya Kelmansky
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Automatism As you’re probably aware, the U.S. Constitution’s Eighth Amendment prohibits cruel and unusual punishment. In Automatism: The Unconsciousness Defense to a Criminal Action, Patricia E. Gould asserts that the “American judicial system must provide for...

How to Ace Your Court Testimony 

February 14, 2022 by Yuliya Kelmansky
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Preparation is the Key Taking the stand can be scary — no matter who you are. But, it’s one of the most important parts of your case, and getting the opportunity to tell your side of...

What Is a ‘Self-Defense’ Defense in Criminal Law?

January 21, 2022 by Yuliya Kelmansky
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Self-Defense Laws In California, as well as other states, it is considered your right to defend yourself, your property, or another person against impending danger. Sometimes this may involve committing actions that are against the law....

How Do I Choose a Criminal Defense Attorney?

January 14, 2022 by Yuliya Kelmansky
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You Should Always Have an Attorney When facing a criminal charge, we cannot stress how important it is for you to get legal representation. Getting convicted for a criminal offense comes with numerous penalties such as...

What is a Plea Bargain Agreement in Criminal Law?

December 29, 2021 by Yuliya Kelmansky
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Taking the Plea Deal Similar to a settlement agreement in a civil lawsuit, the parties in a criminal case (i.e., the prosecution and the defense) can enter into what is known as a “plea bargain” in...

What is Malice Aforethought in Criminal Law?

December 16, 2021 by Yuliya Kelmansky
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Was it Premeditated? In many states, including California, the prosecutor must prove a defendant acted with ‘malice aforethought’ in order to be found guilty of murder.  There are two types of malice aforethought: Express — A defendant specifically...

California Lawmakers Vote to Tighten State Gun Laws

December 09, 2021 by Yuliya Kelmansky
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Stricter Gun Laws California lawmakers are hoping stricter gun laws will help curb crime in the Golden States. Earlier this month, a federal appeals court in California reinstated the state’s ban on the sale and possession of high-capacity...

Is it Illegal to Have Sex in a Public Place?

November 24, 2021 by Yuliya Kelmansky
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Legality of Public Sex “Get a room!” is a common retort when two people publicly display their affection. But getting frisky in public is not always a laughing matter. Beyond a certain point, such affectionate flirting...

Massage Parlor Sex Crimes in Los Angeles

November 23, 2021 by Yuliya Kelmansky
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Prostitution There are quite a number of massage parlors throughout Los Angeles County. And for the most part, there’s no issue regarding these relaxing establishments. However, we all know of an instance where one of these...

The Effects of Domestic Violence on Children

November 11, 2021 by Yuliya Kelmansky
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Domestic Violence and Children The COVID-19 pandemic has proved difficult for everyone. It has affected the nation’s health, livelihoods, and even our supply chain. It has also impacted our ability to leave the house and interact...

Immigration Law: Crimes Involving Moral Turpitude

October 21, 2021 by Yuliya Kelmansky
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Defining ‘Moral Turpitude’ I asked a friend to tell me what came to mind when he heard the phrase “Crime of Moral Turpitude.” He replied, “An act that violates acceptable moral standards.  It describes the vileness...

What Los Angeles Crimes are Deportable?

October 19, 2021 by Yuliya Kelmansky
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Facing Consequences Facing criminal charges is a daunting scenario as it is, but adding negative immigration consequences on top of an already unbearable situation is unfortunately the reality of our American jurisprudence. For those who are...

What is Cyberstalking?

October 14, 2021 by Yuliya Kelmansky
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Cyberstalking in California In the day and age of the Internet, how people are harassed, threatened or stalked has changed dramatically. Technology has done wonders for us, but it has also widened the means and ability...

Are You a Victim of an Illegal Search and Seizure in California?

September 22, 2021 by Yuliya Kelmansky
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It’s More Common than You Think It’s possible, even highly likely, that you or someone you know has been subjected to an unreasonable search and seizure. Both federal and California laws are supposed to protect you...

What Makes a Good Criminal Defense Attorney?

August 31, 2021 by Yuliya Kelmansky
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What Makes a Good Criminal Defense Attorney? While we as individuals face certain daily situations that are stressful, uncertain, and traumatic, one of the most worrying and scary situations someone can face is being charged with...

Your 4th DUI Offense in California: Quick Guide

August 24, 2021 by Yuliya Kelmansky
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DUI Second DUI Third DUI Fourth DUI So You got Your Fourth DUI… This article is part of a series on DUI charges. In California, DUIs are seen up to repeat offenses up to the fourth...

Your 3rd DUI Offense in California: Quick Guide

August 20, 2021 by Yuliya Kelmansky
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DUI Second DUI Third DUI Fourth DUI Multiple DUIs: Third DUI Have you had multiple DUI convictions before? If so, then take caution. DUIs in CA are counted as priorable offenses. That is, repeat punishments come...

Your 2nd DUI Offense in California: Quick Guide

August 19, 2021 by Yuliya Kelmansky
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DUI Second DUI Third DUI Fourth DUI Second DUI? Time for an Attorney In Los Angeles California, judges and prosecutors take DUI convictions seriously. Getting convicted with a DUI the first time is a serious issue....

The Difference Between Residential and Commercial Burglary

July 09, 2021 by Yuliya Kelmansky
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Residential and Commercial Burglary? This is a common question that comes up in burglary charges (Penal Code Section 459). The short answer is that a residential burglary is known as first degree burglary, and is much...

DUI While on Probation in California

June 29, 2021 by Yuliya Kelmansky
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Stakes are Raised Although being charged with driving under the influence is a frightening experience in its own right, drivers who are already on probation for prior DUI offenses or other crimes face even steeper penalties...

Senate Bill 384: How You Can End Your Sex Offender Status

May 27, 2021 by Yuliya Kelmansky
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SB 384- Stop The Registration & Get off Megan’s List! Effective January 1, 2021, a new three-tier sexual registration has been implemented in California. This means what used to be a lifetime sexual registration requirement may...

Felony Sentencing in California: Quick Guide

May 24, 2021 by Yuliya Kelmansky

The Consequences of a Felony Conviction Have you or a loved one been arrested? Are you worried that they may be charged with a felony? If so, keep reading. Below, we’ll discuss what a felony is,...

Misdemeanor Sentencing in California: Quick Guide

May 24, 2021 by Yuliya Kelmansky

The Consequences of a Criminal Conviction Have you been arrested and charged for a crime? Or maybe someone close to you has? If so, you need an idea on the consequences of those crimes. That is,...

Assembly Bill 3234 – Your “Get Out of Jail Free” Card

April 27, 2021 by Yuliya Kelmansky
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1. What is AB 3234? AB 3234- Get out of Jail for free. Get your Misdemeanor Case Dismissed Under this new Misdemeanor Diversion Law of 2021. AB 3234 originated from a pilot program in Los Angeles...

How to Win a Sexual Molestation or Sexual Assault Case

March 24, 2021 by Yuliya Kelmansky
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What if the Victim Doesn’t Want to Testify? Allegations of sexual assault and sexual molestation (PC 243.4) are hot beds of intense emotions that create the perfect conditions for a violent explosion of anger where cooler...

How to Expunge a DUI from Your Record in California

March 17, 2021 by Yuliya Kelmansky
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How to Go About Expunging a DUI from Your Record in California Expunging a DUI offers benefits for those with this previous conviction on their records. When you expunge the DUI, you do not erase it...

Military Diversion for California Veterans

March 09, 2021 by Yuliya Kelmansky
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Military Diversion for California Veterans Studies show that as much as 30% of veterans experience Post Traumatic Stress Disorder (PTSD). The courts have recognized a link between the symptoms of PTSD, including disassociation, flashbacks, sleep disturbance,...

Criminal Charges at the Airport in L.A.

February 22, 2021 by Anastasiia Ponomarova
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Increased Security and Your Rights Since 9/11, criminal charges at the airport in L.A security has increased in all US airports, but LAX can be particularly frustrating due to the high volume of people and more...

What is Considered a Hate Crime in California?

January 10, 2021 by Yuliya Kelmansky
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Hate Crime in California: Defined as a Bias The main purpose of hate crime laws in California, as incorporated under various California Penal Code sections, is to deter threats, violence and other violations, including civil rights...

Felonies, Misdemeanors & Infractions: What’s the Difference?

September 27, 2020 by Yuliya Kelmansky
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The Difference Between Felonies, Misdemeanors & Infractions Criminal offenses in California are classified according to their seriousness. They are categorized into 3 different types: Infractions Misdemeanors Felonies What’s the Difference? For crimes against property: the gravity...

What is a ‘Motion to Suppress’ Evidence?

October 24, 2019 by Yuliya Kelmansky
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‘Motion to Suppress’ Weakens the Prosecution’s Case You are innocent until proven guilty in a criminal case, even if you know you are guilty. A motion to suppress evidence is a request by the defense asking...

The Police Knock on Your Door: What Should You Do?

October 22, 2019 by Anastasiia Ponomarova
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The Police Knock on Your Door One of the most frequent questions we get is: “Do I have to let cops in my house if they knock on my door and tell me they need to...

What Crimes are Deportable in California?

September 23, 2019 by Yuliya Kelmansky
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What crimes are “Deportable Crimes in California”? When it comes to deporting an immigrant out of the United States, U.S. Immigration and Customs Enforcement (ICE) authorities are guided first and foremost by security concerns. So, what...

What Are The Stages in A Criminal Case?

September 19, 2019 by Yuliya Kelmansky
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What Are The Steps in A Criminal Case? Criminal Cases in the State of California all follow the same basic procedures. It’s important to know these 7 crucial steps to develop a successful defense strategy and...

Possible Defenses for a California DUI, DUID

May 26, 2019 by Yuliya Kelmansky
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Below we will discuss a few popular defense strategies for winning a California DUI case (California DUI Types, VC 23152). Please bear in mind that every DUI case is unique regarding the circumstances, and should be...

What is a “Wet Reckless” Plea Bargain?

November 28, 2018 by Yuliya Kelmansky
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Wet and Reckless What is a “Wet Reckless” Plea Bargain? “Vehicle Code 23103.5 – If the prosecution agrees to a plea of guilty or nolo contendere to a charge of a violation of Section 23103 in...

Can an Employer ask for My Criminal Record in California?

August 23, 2018 by Yuliya Kelmansky
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One in Four Americans Can an Employer ask for My Criminal Record in California? If you are one of the four Americans with a criminal record, you may run into obstacles in your job search. Surveys...

What if I Refuse to Testify in a Domestic Violence Case?

August 22, 2018 by Yuliya Kelmansky
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CA Code of Civil Procedure § 1219(b) What if I Refuse to Testify in a Domestic Violence Case? Despite technically falling under the umbrella of “civil procedure”, California’s Code of Civil Procedure § 1219 actually relates...

How does a DUI Plea Bargain Work?

May 30, 2018 by Yuliya Kelmansky
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How does a DUI Plea Bargain Work in California How does a DUI Plea Bargain Work? Negotiating DUI plea bargains are very common practice in the area of criminal law, from both the defense and prosecution...

Self-Defense in a Criminal Case

May 30, 2018 by Yuliya Kelmansky
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The “Self Defense” Defense Due to the Self-Defense in a Criminal Case, We all know it is a crime to physically harm someone else. However, there are a category of crimes that are considered “justified” if...

Ignition Interlock Devices for a California DUI

April 20, 2018 by Yuliya Kelmansky
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What are Ignition Interlock Devices? An Ignition Interlock Devices for a DUI (or IID) is essentially a breathalyzer for your vehicle that prevents your car from being started if you have a Blood Alcohol Concentration (BAC)...

Victim Restitution Laws in California

April 11, 2018 by Yuliya Kelmansky
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What is Victim Restitution Laws in California? Due to Victim Restitution Laws in California subject, probation, jail, prison and/or fines are all commonly known penalties for being convicted of a crime. However, in addition to these,...

Gun Crime Statistics in Los Angeles

March 20, 2018 by Yuliya Kelmansky
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Nationwide Violence vs. Los Angeles The Gun Crime Statistics (Dangerous Weapons, PC 12020) in Los Angeles is considerably higher than the national average in America. On average, the total crime rate is 31 per thousand residents...

Talking to the District Attorney as a Witness

March 17, 2018 by Yuliya Kelmansky
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The Criminal Justice Process In Talking to the District Attorney as a Witness subject, When someone is arrested, they may or may not ultimately have charges filed against them. This means someone can be arrested for...

Can a Person Get a DUI for Drinking in a Parked Car?

March 14, 2018 by Yuliya Kelmansky
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Arrested for Being Drunk in a Parked Car? Can a Person Get a DUI for Drinking in a Parked Car? Sometimes we run across cases where a driver was arrested for a DUI, yet they were...

Recovering from a Domestic Violence Charge

March 04, 2018 by Yuliya Kelmansky
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The Stigma of Domestic Violence Charge On the Recovering from a Domestic Violence Charge subject, have you harmed your loved one, and now you’ve been accused of committing domestic violence? Jail may not be the worst...

Sex Crimes with Possible Life Sentences

February 26, 2018 by Yuliya Kelmansky
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Sex Crimes charge with Possible Life Sentences Due to the Sex Crimes with Possible Life Sentences subject, in California, it is quite commonly understood that a criminal gets three strikes before being sentenced to life, in...

Why You Should Never Plead Guilty

February 24, 2018 by Yuliya Kelmansky
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What happens if I plead “Guilty”? Essentially, you are giving up your constitutional rights by pleading “guilty”. The right to a fair jury trial. The right to testify on your own defense, or to remain silent....

Mental Health and Criminal Law

February 23, 2018 by Yuliya Kelmansky
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Mental Health and Criminal Law According to the United States Justice Department, over 16% of the inmates in U.S. jails have mental health issues. The profile of individuals with mental health problems in the criminal justice...

How to Navigate a DUI Arrest if You’ve Had a Few

February 21, 2018 by Yuliya Kelmansky
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Protecting Your Rights: Things to Remember During a DUI Arrest 8 Important Points for Protecting Your Rights: 1. Be Polite Let’s face it, the police have power over you when they pull you over. There is...

How to Remove a Marijuana Conviction

February 05, 2018 by Yuliya Kelmansky
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Marijuana is Now Legal How to Remove a Marijuana Conviction, You’ve probably already heard about the legalization of marijuana in California which joined to Alaska, Colorado, DC, Nevada, Oregon, and Washington as the sixth state to...

What are the Laws for Recreational Marijuana in California?

February 04, 2018 by Yuliya Kelmansky
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Seven Billion Dollar Industry What are the Laws for Recreational Marijuana in California? California will soon become the world’s largest legal marijuana market with an estimated value of over $7 billion dollars. Now that the law...

Multiple Open DUI Charges and Old DUI Convictions

December 19, 2017 by Yuliya Kelmansky
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Multiple DUIs Prosecutors and judges are often very concerned when defendants commit multiple open DUIs or old DUI convictions for offenses and defendants in this situation can face lengthy sentences if convicted. A skilled DUI lawyer...

Why Eyewitness Testimony is not Always Accurate

December 18, 2017 by Yuliya Kelmansky
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Eyewitness Testimony Why Eyewitness Testimony is not Always Accurate? When law enforcement officers in Los Angeles and throughout California, are looking to solve a crime, they often rely heavily on statements from eyewitnesses. Such testimony has...

Wrongfully Arrested: Do You Need Your Arrest Record Sealed?

December 08, 2017 by Yuliya Kelmansky
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Protect Your Future Self When You Wrongfully Arrested Wrongfully Arrested: Having a “criminal record” doesn’t always mean that you have been convicted of a crime. Employers are permitted to protect themselves by asking potential employees whether...

What Are the Laws For Flying a Drone in California?

December 05, 2017 by Yuliya Kelmansky
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Flying a Drone Laws in California What Are Flying a Drone Laws in California? If you are a drone owner living in the state of California, it’s very important that you know and understands all of...

The Importance of a Defense Attorney in a Criminal Case

November 30, 2017 by Yuliya Kelmansky
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The Importance of a Defense Attorney The Importance of a Defense Attorney in a Criminal Case, defendants have civil rights to ensure they are given an opportunity to argue their side of the case. Safeguards, however,...

Accidental Shoplifting: Is There Such a Thing?

November 07, 2017 by Anastasiia Ponomarova
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Accidental Shoplifting in California Accidental Shoplifting: Is There Such a Thing? It often seems like a minor crime – just a two dollar candy bar or something small can’t hurt that much, right? However, shoplifting tends...

What is ‘Competency to Stand Trial’?

November 03, 2017 by Yuliya Kelmansky
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The Defendant Must be Competent What is Competency to Stand Trial? A person cannot be tried or adjudged to punishment while that person is mentally incompetent. With ‘Competency to Stand Trial’, a defendant is mentally incompetent...

The Difference Between Direct vs. Circumstantial Evidence

October 18, 2017 by Yuliya Kelmansky
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The Burden of Proof and Direct vs Circumstantial Evidence The Burden of Proof and The Difference Between Direct vs Circumstantial Evidence, in Criminal Law, the ‘People’ represented by the District Attorney must prove a defendant’s guilt...

Domestic Violence Stats: Nationwide, California & Los Angeles

June 06, 2017 by Yuliya Kelmansky
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Introduction of Domestic Violence Stats First of all, if you are the accused in a Domestic Violence Stats case, it is recommended that you contact a qualified Domestic Violence Defense Attorney about the details of your...

Los Angeles Jails, California Prisons: Corruption & Overcrowding

June 01, 2017 by Yuliya Kelmansky
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Corruption & Overcrowding in the City of “Angels” Los Angeles Jails, California Prisons: Corruption & Overcrowding, Former Los Angeles Sheriff Lee Baca stands in front of an overcrowded Los Angeles jail cell. He was sentenced to...

Criminal Defense Attorney or Public Defender?

May 24, 2017 by Yuliya Kelmansky
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What Exactly are Public Defenders? There is a longstanding debate about which type of counsel is more effective, a public defender or a criminal defense attorney. Public defenders are attorneys that are appointed to a defendant...

Knowing Your Rights: What to do If You Are Being Arrested

April 11, 2017 by Yuliya Kelmansky
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Knowing Your Rights and What to do If You Are Being Arrested This article focuses on knowing your rights and what you should do if you are being placed under arrest by a police officer. We...

How to Get Someone Out of Jail

March 28, 2017 by Yuliya Kelmansky
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California Bail Bonds to Get Someone Out of Prison Let’s face it, Prison (jail) is a dangerous place. If you retain our services, and your loved one needs help getting out of jail in these Southern...

How to Reduce a Felony to Misdemeanor

October 11, 2016 by Yuliya Kelmansky

How to Reduce a Felony to Misdemeanor? We are commonly asked at our offices if it’s possible to reduce a felony conviction to a misdemeanor, and the answer is commonly yes. I say commonly because there...

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