California “Marijuana Cultivation” Laws

California “Marijuana Cultivation” Laws

In this post, I am going to explain how California’s laws on illegal marijuana cultivation1 was updated and changed with the passage of Proposition 64. This proposition changed California law so that adults who are 21 or older may legally plant, cultivate, harvest, dry or process up to six (6) living marijuana plants lawfully. So When Does…

Under The Influence Of A Controlled Substance

It is illegal to be under the influence of a controlled substance pursuant to California’s Health and Safety Code 115501. Below I explain the defenses and penalties of HS 11550. Overview Of Health & Safety Code 11550 For someone to be found guilty of HS 11550 the prosecutor must prove the following elements. You willfully2 used…

9 Things You Should Know About Receiving Stolen Property In California

In this post, I am going to explain California’s law on receiving stolen property. In fact: In some circumstances, you can be charged with this crime even if you did not know the items were stolen. So if you’re concerned you may have received stolen property this list is for you. 1. What is The…

How Does Your Criminal History Affect An Open Case?

How Does Your Criminal History Affect An Open Case?

A defendant’s criminal history is taken into account by prosecutors and judges in a number of scenarios. In fact, A defendant’s criminal history may have a tremendous impact on the outcome of a new criminal case. Let’s take a look at how a prior criminal history can affect a new case. Does a Prosecutor Use…

5 Things You NEED To Know If You Fail To Appear In Court

If you were arrested and charged with a misdemeanor or felony in California, you will be given a court date to appear for your arraignment. If you fail to appear at criminal court on the scheduled date and time, you face an additional criminal charge of failing to appear1. What Does The Prosecutor Need To Prove For Conviction? To be…

Penal Code 290 – Failure To Register As A Sex Offender

Penal Code 290 – Failure To Register As A Sex Offender

California, like all other states, has a law requiring persons convicted of most sex crimes to register with the city or county in which they live. Officially called the California Sex Offender Registration law1 and found under Penal Code 290, it is also referred to as Megan’s Law. If you are on the registry, your name and…

7 Things You Need To Know About “Domestic Battery”

7 Things You Need To Know About “Domestic Battery”

In California, there are two types of domestic violence crimes that you can be charged with. Domestic Battery” pursuant to Penal Code Section 243(e)(1) which is the least serious, or Corporal Injury To A Spouse or Co-Habitant Below Are 7 Things You Need To Know About Domestic Battery. Definition of Penal Code 243(e)(1) California Penal Code…

How To Get A Military Diversion For California Veterans

How To Get A Military Diversion For California Veterans

Under Penal Code § 1001.90, California military veterans who are suffering from emotional trauma as a result of their military service may qualify for a pre-trial diversion program if they committed a misdemeanor offense.  Watch this video to understand how to get a military diversion. How Does The Diversion Program Work? Pre-trial diversion programs are…

Step #1 In A Criminal Case – The Arraignment Process

The first step in a criminal case is generally the arraignment which is the first court date. For felony matters, you may have two arraignments–one before your preliminary hearing and one after its completion if you are held to answer on the charge. What Is The Purpose Of The Arraignment? The main function of the arraignment is for…