#1 Violating a criminal protective order amounts to contempt of court and is a criminal offense under California Penal Code 166(a)(4). Protective orders and restraining orders are issued by different courts and it is important to understand their differences. Watch this video to understand: What is and is not allowed under a protective order The…
In this post, I will explain the fourteenth amendent and its role in due process rights. In fact, Due process rights had already existed on the federal level when the fourteenth amendment was ratified but was for the first time extended to the state level. Lets get started…. The amendment has 5 sections with the…
Cyberstalking takes the same elements of traditional stalking behavior and applies it to the current technology where a person may use social media, texts, email or any other electronic means. In this post, I will explain California’s cyberstalking law under penal code 646.91 Elements of Cyberstalking To be found guilty of stalking under PC §…
In this post, I will explain what rights are laid out in the criminal justice process under the constitution. And: What criminal procedures are laid out by the constitution to protect indivdual liberty. Rights Under The 4th Amendment One essential tenet of criminal law is the 4th Amendment, which is a part of the Bill…
Although proposition 64 has made recreational marijuana possession legal it is still unlawful to sell marijuana in California except for the following two situations. Sale of marijuana by a licensed business to a person that is 21 or older. Sale of medical marijuana by a licensed dispensary. Health & Safety Code 11359 makes it illegal…
In this guide, I will explain penal codes 243(b) & 243(c)(2) pc which is a battery on a police officer. Penal Code 243(b) is a misdemeanor battery on a peace officer. Penal Code 243(c)(2) is a felony battery on a peace officer. Let’s get started, But first watch this video to get a clear understanding…
Under California Vehicle Code Section 4461, it is unlawful to use a disabled parking placard in the following manner: Lending a valid placard to someone else who is not authorized or permitted to use it1 Using or displaying a disabled placard that was not issued to you2 Displaying a disabled placard that has expired or…
Below I will explain California grand theft auto law which is prosecuted under penal code 487(d)(1) pc. What is Grand Theft Auto? California Penal Code Section 487(d)(1) pc — California’s law on Grand Theft Auto defines the crime as the intentional taking away of a motor vehicle that belongs to someone else. In addition to…
Important Update: This law has been repealed in California and is no longer a crime. California Penal Code 653.22 PC is California’s law on loitering in a public place for the purpose of engaging in prostitution1. Overview Of Penal Code 653.22 Prostitution is the act of engaging in a sexual act for compensation or remuneration2….
In this post I am going to explain how and why prosecutors and not victims are the ones that decide when charges are filed in a criminal case. Why The Prosecutor And Not The Victim Makes the Decision When someone has been harmed by the actions of another, it can rise to criminal conduct if…
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