Information on New Criminal Defense Laws in California
Blog - Page 2 of 21
Freeway Accident Due to Bad Lighting – Who is Liable?
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Driving on a dark freeway at night is like navigating a minefield. Shadows dance, visibility drops, and hazards can appear out of nowhere. Although drivers are primarily responsible for the safe operation of a vehicle, what happens when poor infrastructure, in this case, inadequate lighting, contributes to a serious collision? An unexpected crash in the dark could cause you to suffer injuries or death. The question then arises, “Who is at fault? The drivers or the people who were responsible for ensuring road safety?” Investigating liability in a freeway accident due to inadequate lighting will involve establishing negligence, duty of care, and the importance of lighting. This is not merely about who was driving but focuses on systemic deficiencies that can turn a typical commute home into a horrific incident. What Constitutes "Bad Lighting" on a California... Read More
Is Hit and Run a Felony?
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A hit-and-run occurs when you flee from the scene of an accident that has resulted in property damage or an injury. The law requires drivers to stop, offer assistance, call the police, and exchange information when involved in an accident. You are legally required to stop, regardless of injury or fault. This facilitates the police in obtaining clear statements to determine the accident's cause and the responsible party. Hit-and-run accidents can be prosecuted as misdemeanors or felonies in California, depending on the case details. A conviction for a felony results in a more severe penalty than a conviction for a misdemeanor. It helps to understand why you face felony charges after a hit-and-run to prepare yourself for what to expect during and after a trial. A skilled criminal attorney can help with this. They can also protect your rights and use the best defense... Read More
Falsely Accused of a Sex Crime - What Do I Do Next?
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Being accused of sexual misconduct of any kind is a serious matter you should not take lightly, even if you believe the allegations are untrue. Even a baseless sexual offense allegation could significantly affect your relationships, reputation, and livelihood, even before a conviction. Regrettably, false accusations of sexual offenses happen more frequently than you can imagine. Whether the alleged offense is a felony or misdemeanor, taking proactive measures to protect your best interests and challenge the offense is vital. In addition to negatively affecting your reputation, a conviction for a sex crime could attract various legal repercussions, including fines, jail time, and inclusion in the sex offender registry. Knowing what to do if you are a victim of false accusations in a sex crime is key to protecting your best interests and avoiding the possible... Read More
What Happens if a Victim or Witness Refuses to Testify?
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Criminal court judges rely on evidence and testimonies to determine the cases they receive daily. Human testimony is particularly critical as it helps the court organize the events surrounding a crime. The prosecution and defense teams rely on victims and witnesses for detailed case accounts, which enable them to prove their cases. Without such testimonies, it can be challenging to solve a case. That is why it is essential for witnesses and victims to give testimonies as they have agreed for the continuity of cases. They can be held in contempt of court if they change their minds. If a witness or victim is held in contempt, they can face misdemeanor charges, punishable by six months in jail and a fine of up to $1,000. The police can detain them in jail until they are ready to testify. However, there are exceptions to this rule for victims of sexual or domestic abuse;... Read More
What is The Statute of Limitations for Hit & Run in California?
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A hit-and-run happens when a motorist who has been in a crash with another car, a property, or a pedestrian deliberately leaves the accident scene without sharing their contact details or waiting for the police. Under California law, this action is considered a criminal offense because it violates the duty of care to others and complicates the investigation and compensation process. In California, prosecutors have a limited period to bring charges against a driver accused of this crime. This timeframe is known as the statute of limitations. It is like a legal countdown that begins right after your accident and differs depending on whether the case is a misdemeanor or a felony. This blog discusses the statute of limitations for hit-and-run cases in California, the factors influencing prosecution timelines, and the legal repercussions of not staying at the scene of an... Read More
Penal Code § 269 PC – Aggravated Sexual Assault of a Child
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Aggravated sexual assault of a child under Penal Code 269 (PC) is one of California’s most serious sexual crimes. A conviction can result in life-altering penalties, including decades in prison. It could also lead to a lifetime of mandatory sex offender registration. The law is strict; however, being charged with the crime does not mean you are guilty. You have rights, and solid legal defenses are available. If you are facing PC 269 violation charges, you should seek the services of an experienced defense attorney. Your attorney can help protect your future and reputation by challenging the charges against you. An Overview of Aggravated Sexual Assault of a Child You violate Penal Code 269 when you perform specific acts of sexual conduct against a child under 14. The acts include sodomy, rape, and oral copulation. These acts are categorized as aggravated when you... Read More
