Information on New Criminal Defense Laws in California

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Is It Illegal to Record Someone in California?

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With smartphones and instant sharing, the desire to record moments, whether an argument or a critical conversation, has never been stronger. In California, however, a person can easily face legal trouble by simply pressing the record button. California is one of a handful of states that operates under a "two-party consent" law. This central rule has a significant impact on your chances of recording conversations. In a nutshell, when confidentiality is understood to be part of a conversation, at least by one individual, then capturing it without the complete knowledge and agreement of all the participants involved can be a crime. These violations can lead to serious criminal and civil consequences. Violations could result in a court of law or a substantial civil lawsuit. It is important to know before you base your case on that secret audio as evidence: Where does... Read More

Is It Illegal to Date a Minor?

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Many people assume that any relationship between an adult and a minor is automatically a crime. In California, you are free to date whoever you want, regardless of the age gap. Therefore, dating a minor is not a crime. However, being in a relationship with a person under eighteen years old carries many risks of violating California laws. Giving alcohol to a child or contributing to their delinquency can land you in legal trouble. Furthermore, minors cannot legally consent to sexual acts. Therefore, any sexual encounter with a child can result in an arrest and severe criminal charges. These acts can include lewd conduct, sharing child pornography, and sexual intercourse, among others. Even if you think you're in a real relationship with the child, don't break the law. If you face charges for a sex crime against a minor, you will need the guidance of a trustworthy... Read More

What Happens if a Juvenile Violates Probation in California?

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The repercussions of a minor going against probation depend on the kind of probation the minor was placed on. Breaking the law can be an unpleasant experience for families, which can trigger fears of harsh punishment for such behaviors as a missed curfew or a failed drug test. The California Welfare and Institutions Code provides a response hierarchy to violations in the juvenile justice system. The extent of the consequences is directly proportional to the degree of probation. It is critical to understand the differences between informal probation provided by WIC 654, deferred entry of judgment provided by WIC 725, and wardship probation provided by WIC 602. These levels have various processes and possible consequences, including increased probation conditions, expulsion from home, and admission to a juvenile institution. This guide explains each type of juvenile... Read More

Pretrial Diversion Programs in California – What Is It, and How Does It Work?

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Facing criminal charges can be a life-altering experience, but in California, not every accusation must lead to a conviction and a permanent record. Pretrial diversion programs offer an alternative to traditional prosecution, designed to provide defendants with a second chance. But what exactly is this system, and how does it work for you? If you are eligible, pretrial diversion essentially “pauses” the criminal case against you. As an alternative to going ahead with a trial, the defendant agrees to undergo court-approved rehabilitation, treatment, or educational programs like drug counseling or mental health treatment. Once you complete all required conditions, the original criminal charges will be dismissed and typically sealed, allowing you a fresh start. This approach aims for rehabilitation so they can help solve the issues that led to the offense. Plus, you can... Read More

Is California a “Stand Your Ground” State? Here is the Answer

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Whether California is a stand-your-ground state is a complex issue with more nuance than a simple yes or no. Although California does not have a ‘Stand Your Ground’ statute, its self-defense laws often produce similar outcomes. California law does not require an individual to retreat after facing a threat of imminent violence, but instead allows them to use reasonable force to defend themselves. This is a significant difference from states that follow the duty to retreat doctrine, in which an individual must seek to escape a hazardous situation if they can do so safely. California law focuses on Understanding California's Self-Defense Law Many believe California is a “Stand Your Ground” state, but the reality is more nuanced. However, unlike states like Florida, California does not have a “Stand Your Ground” law. However, through decades of case law and codified in... Read More

Infraction vs Misdemeanor – What’s The Difference?

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Although the terms are often used interchangeably in everyday speech, an infraction and a misdemeanor are two distinct legal categories with significant differences in impact. Understanding the distinction is important because an infraction typically results in a fine, while a misdemeanor can lead to a criminal record and even imprisonment. The fundamental difference is that an infraction is a civil violation, whereas a misdemeanor is a criminal offense. This distinction affects not only the penalties imposed but also the long-term consequences for your life. Therefore, it is essential to understand what you are dealing with before dismissing a traffic ticket as a minor inconvenience. The information below addresses the differences. What is an Infraction? An infraction is the lowest level of violation in California and is not classified as a criminal offense. An... Read More

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