In this post, I will explain how misdemeanors work in California. Let’s get started… A misdemeanor offense in California is characterized by how much potential time you could serve incarcerated and where you would spend it. What Is A Misdemeanor Misdemeanors are criminal offenses that are less serious than felonies, though many do involve violence…
In this post, I will explain how electronic home monitoring or supervised electronic confinement (SEC) works and who can receive it. Let’s get started… How Does Electronic Monitoring In California Work? The monitoring is set up with a unit that is installed in the home that coordinates with a phone line or commercial cellular network and…
Under California Penal Code Section 118.1, the offense entails a situation where a peace officer acting in his official capacity writes and files a report in a criminal case that he knows contains a false statement concerning a material matter in the case. Definition of A Police Officer Filing a False Report Every peace officer…
Crime is a byproduct of society that nearly every culture and country must contend with. In the United States, it is important to accurately identify the individual(s) responsible for crimes in order to see justice served. Accurately determining the facts involving a crime not only helps to discover who is responsible for it, but it…
Twenty years ago, the O.J. Simpson murder trial shed a glaring light upon the flawed forensic and evidence gathering work of the Los Angeles Police Department. The highly publicized trial offered the world of law enforcement a textbook example of what not to do while processing evidence at a crime scene. At trial, where Simpson faced murder…
Have you ever witnessed a crime and wondered if you had a legal duty to report it to the police? What if you learned about a crime that had just been committed or heard about a crime that was about to be committed? Does the law require that you report this information as…
In California, police can take a DNA sample from any person who is arrested on probable cause for a felony offense. They cannot collect DNA samples from suspects arrested only on misdemeanor charges. Police in all 50 states are currently empowered by law to take DNA samples from persons who have been convicted of a felony…
People are rarely arrested during moments of calm and clear thinking. Instead, the circumstances surrounding the typical arrest are extremely stressful and often involve the exercise of poor judgment. Whatever the circumstances, it is important to remember that if your actions have drawn the attention of the police, you will be better off cooperating with…
[Estimated read time: 11 minutes] By: Diana Aizman Conspiracy under Penal Code 182 pc is an agreement between two or more people to commit a criminal act and an act taken by one or more parties of a conspiracy in furtherance of one or more of the criminal objectives of the conspiracy. Penal Code 182: 182. …
Under California Penal Code 118 pc, perjury is when you intentionally provide false information that you know to be false while you are under oath1. How Does The Prosecutor Prove Perjury? To prove that someone is guilty of perjury, the prosecutor has to prove the following facts or elements2 You took an oath to provide3…
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