Information on New Criminal Defense Laws in California
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When Can Minors Be Tried as Adults in California?
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As a parent, nothing is more terrifying than finding out that your child is in trouble with the law. You maneuver a complicated legal system with its jargon and lengthy process that may permanently change your child's future. The California justice system suggests that minors are not the same as adults. The main aim of the juvenile court is not punishment but rehabilitation. It seeks to know the underlying reasons behind a child's behavior and offer the education, counseling, and guidance needed to get them back on the right track. However, the boundary between the juvenile and adult systems may be blurred. In some serious offenses, California law permits a young offender to be taken out of the juvenile court's rehabilitative environment and exposed to the full force of the adult justice system. A particular code of rules, age restrictions, and court checks regulates... Read More
PTSD Defense – Does it Apply to California Criminal Cases?
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When you are charged with a crime in California and have Post-Traumatic Stress Disorder (PTSD), you are probably struggling with many questions. You may think your mental state caused you to act abnormally. A violent criminal charge may stem from a time when your actions were a reaction to something in your past. As you navigate the California justice system, you must understand whether your diagnosis can be applied to dispute the charges against you. The answer is yes, it can be done, but it is not an effortless route. The circumstances of your case will largely be determined by the extent of your condition and the quality of your legal approach. An Overview of PTSD and its place in the courtroom Post-Traumatic Stress Disorder (PTSD) is a medically accepted mental condition that develops when you have been exposed to or have witnessed a traumatic experience,... Read More
SB 384 California - The New Sex Offender Registration, What To Know
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Being ordered to register as an offender in California can significantly and permanently affect your life. Megan’s Law publishes public records of individuals convicted of certain registerable sex crimes. In the past, people who were convicted of a sex offense were required to register as sex offenders for life. However, from 2021, tier 1 and tier 2 sex offenders are no longer required to register as sex offenders for life. Consult a skilled criminal defense attorney if you have been ordered to register as a sex offender. Understanding Senate Bill 384 The former California Governor Jerry Brown signed Senate Bill 384 on October 6, 2017. This statute was enacted on January 1, 2021, implementing a three-tier registration system. Senate Bill 384 differentiates sex crimes by the seriousness of the offense. The California Department of Justice started determining the tier... Read More
Juvenile Drug Possession California – What Can Happen?
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For a teenager, being caught with drugs can feel devastating. In California, the juvenile justice system, however, tends to place a greater focus on rehabilitation rather than severe punishment for drug possession crimes. However, a rehabilitative approach does not mean a lack of consequences. Whether it is direct warnings, possible incarceration in a juvenile hall, required counseling, probation, or even their long-term college and career opportunities, the court process a teenager experiences after being charged with drug possession can severely alter their lives. Knowing what may occur is vital to juveniles and their families who have to go through this challenging process. What is the Meaning of Drug Possession By a Minor in California? In California, it is essential to know what possession entails in terms of juvenile drug crimes because it does not necessarily... Read More
Difference Between Murder and Homicide in California – Is There One?
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If you are accused of causing another person’s death in California, you might hear law enforcement mention terms such as homicide or murder. While these terms are often used interchangeably, they have different legal meanings. Under California law, any killing of a human being by another, whether it was done legally, accidentally, or on purpose, is referred to as homicide. The term murder, on the other hand, is a form of homicide that refers specifically to an unlawful killing committed with malice. The differences in these two terms typically lie in the circumstances, intent, and outcomes of the act rather than the words themselves. Knowing these differences can help you know the potential penalties and the defense strategy you can use if charged. This blog will explain everything you need to know about homicide and murder under California laws. Homicide Under... Read More
Is Having Sex in a Car Against the Law?
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While consensual sex in a car is not explicitly prohibited under California law, it can still lead to criminal charges if it occurs in a public or visible location. Statutes related to lewd conduct, indecent exposure, or public nuisance may apply based on the circumstances. These charges may lead to fines, jail time, and a criminal record. In some cases, particularly when linked to sex offenses, they may also impact immigration status. If you are facing these charges, you should understand the relevant California Penal Codes and seek legal counsel as soon as possible. This guide explains the applicable laws, potential penalties, and available legal defenses to help protect your rights and future. California Penal Code § 647(a): Lewd Conduct in Public In California, the law that is most frequently used when sexual activity in a vehicle results in criminal charges is... Read More
