Information on New Criminal Defense Laws in California

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What is Lewd and Lascivious Conduct?

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

What is an Arraignment?

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

“Dirk or Dagger” – What is it and When is it Illegal?

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According to Penal Code 16470, a dirk or dagger is any knife or instrument capable of ready use as a stabbing weapon that can cause great bodily injury or death. This category is a general grouping of fixed-blade knives, stilettos, and even folding knives, provided the blade is locked in an open position. Although they are often used as a functional or historical tool, California's weapon laws are mainly concerned with the physical ability of an object to stab or puncture. Penal Code 21310 makes it illegal to carry a concealed dagger or dirk on your person. Open carry is generally lawful only when the knife is worn in a sheath suspended from the waist. Nonetheless, concealing the blade on your person (including in clothing or carried containers like bags) may constitute a wobbler offense. This means you might be charged with a misdemeanor or a felony, which may involve... Read More

The California Juvenile Court Process - How It Works

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The California juvenile court process is a legal structure specially designed and regulated by the Welfare and Institutions Code to prosecute and rehabilitate underage minors (below the age of eighteen) who are suspected of committing criminal or status offenses. This system is a civil proceeding rather than a criminal one and highlights the malleable nature of youth and how behavior can be corrected through personalized treatment and education. The terms, milestones, and goals of the judicial system are fundamentally different from those of the adult criminal justice system because it focuses on rehabilitation rather than retribution. In this article, the procedural timeline of juvenile delinquency cases is analyzed, starting with arrest up to the final disposition and record sealing in the California jurisdiction. It dwells on the rights of the minor, the functions of... Read More

California Drug Sentencing Guidelines

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The Health and Safety Code outlines the punishments for the possession, sale, transportation, or manufacture of illegal drugs in California. These laws define the scope of possible penalties, such as imprisonment, fines, and probation, which a court imposes upon a criminal conviction. This blog explains California's drug sentencing guidelines, focusing on the process of state-level criminal prosecutions. You learn the distinctions between misdemeanors and felonies, sentencing enhancements, and diversion programs. With such a clear insight into these particular legal frameworks, you can know the possible sentences and build a solid defense. The California Sentencing Framework The first thing you should know in a legal position is the categorization of your charges. California legislation does not consider all drug offenses equally serious. Rather, the system relies on... Read More

Possessing Drugs in Prison or Jail in California

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Penal Code 4573.6 outlines a highly specific and serious drug crime involving possession of controlled substances in prison or jail. Most drug charges in California are charged as misdemeanors or wobblers, depending on the circumstances, but Penal Code 4573.6 is treated differently. The legislature claims that drugs inside prisons or jails pose a significant threat to order and safety, which is why committing this offense attracts severe consequences.  This law applies widely and affects contractors, employees, visitors, inmates, and anyone who enters a prison or jail. Understanding Penal Code 4573.6 is important if you are accused because this crime is charged as a felony and cannot be reduced to a misdemeanor. Possessing Drugs In Prison or Jail It is an offense under Penal Code 4573.6 for you to knowingly possess a controlled substance or drug-related paraphernalia... Read More

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