The top 5 causes of eyewitness misidentification are: limitations in human memory, witness stress and anxiety, suggestive or misleading police procedures, cross-race biases, and the fact that witnesses tend to focus more on weapons than a perpetrator’s identity. “Eyewitness misidentification” refers to when a crime victim or eyewitness mistakenly identifies someone as the perpetrator of …
A criminal lawyer in California may offer his clients payment plans Criminal attorneys in California may offer payment plans. They are not required to do so though. It is in the lawyer’s discretion as to whether he will offer this form of payment. And, if provided, the lawyer might still require a retainer up front, …
5 crimes that will get you “life without parole” in California are: first-degree murder, per Penal Code 187; felony-murder, per Senate Bill 1437; rape, per Penal Code 261 PC, if the defendant had a prior conviction of rape; sexual penetration, per Penal Code 289, if the defendant tortured the victim while committing the crime; and, …
Xanax is a drug that can be legally prescribed in California. If a person has a legal prescription for Xanax, it is lawful for him to drive after taking the drug, if taken as a medication. However, it is illegal under California Vehicle Code 23152(f) for a motorist to drive under the influence of drugs …
Assembly Bill 2845 was signed into law by Gov. Brown in September 2018. The bill prohibits employers with five or more employees to do such things as: ask potential employees or applicants about their conviction history; inquire into or consider an applicant’s conviction history until after an employment offer has been made; and, consider an …
It is a crime in California for a person to view the inside of a bathroom via a camera. California Penal Code 647(j) PC is California’s criminal “invasion of privacy” law. This law states that it is illegal for a person to view the inside of a room or area in which a person has …
Devocalization is the procedure where a dog’s or cat’s vocal cords are cut to eliminate their ability to bark or meow. Under California law, this procedure is generally legal. However, 24 CFR 960.707 makes it unlawful to require people to remove their pets’ vocal chords as a condition of living in public housing. Further, Section …
Senate Bill 1100 was signed into law by Gov. Brown in September 2018. The bill prohibits the sale or transfer of any firearm by a licensed dealer to any person under 21 years of age. SB 1100 does provide a few exceptions though to this general prohibition. For example, the bill does not apply to …
Assembly Bill 1968 was signed into law by Gov. Brown in September 2018. The bill establishes a lifetime ban on gun ownership for those persons who are: involuntarily admitted to a facility for a mental health disorder more than once in a year; and, are considered a danger to themselves or others. Please note, though, …
Under California Health and Safety Code 11350 HSC, the illegal possession of Adderall is usually charged as a misdemeanor and not a felony. Illegal possession of Adderall (or Add’ll) means a person “possesses” the substance, or has it on his person or in a pocket, without a valid prescription. The possession of Add’ll is typically …
Senate Bill 1050 was signed into law by Gov. Brown in September 2018. The bill provides three new laws regarding exonerated inmates. These are: A person does not have to register as a sex offender if exonerated of a crime; The Department of Corrections and Rehabilitation must assist an exonerated inmate with certain transitional services …
According to an article on Newsweek.com, a California based company recently made a breathalyzer test for marijuana. While currently not in use by law enforcement, the new device has the potential to be used by police to detect if a driver is driving under the influence on marijuana. Currently, California police officers use a mouth …
A San Francisco jury awarded $250 million in punitive damages this past August to former school groundskeeper Dewayne Johnson, who claimed he developed non-Hodgkin’s lymphoma from the weed killer Roundup. The judge has since slashed the punitive damages down to $39 million. But Johnson’s stunning verdict serves as a promising “bellwether” case for the thousands …
Senate Bill 923 was signed into law by Gov. Brown in September 2018. The bill establishes several new standards that must be used in eyewitness identification procedures, as used in California criminal investigations. For example, under SB 923, immediately after viewing a lineup of suspects, an eyewitness has to provide a statement that voices his …
Assembly Bill 2327 was signed into law by Gov. Brown in September 2018. According to the bill, any state agency hiring a law enforcement officer must now review that officer’s history of public complaints, and any investigations conducted therein, prior to employment. AB 2327 marks a change in California law. Prior to the bill, an …
California law tacks on a five-year penalty enhancement (an additional five years in jail) for persons convicted of a serious felony, IF, they have a prior conviction for a serious felony. But, pursuant to Senate Bill 1393, California law now also states that a judge may strike a prior serious felony conviction to avoid the …
Senate Bill 439 was signed into law by Gov. Brown in September 2018. The bill prevents California’s juvenile court system from assuming jurisdiction over minor children under the age of 12. The bill does not apply to children that commit: Murder, Rape, Sodomy, Oral copulation, or, Sexual penetration. The juvenile court still has jurisdiction in …
People who apply for a California driver’s license or renewal must meet certain minimum vision requirements. Initially, the California Department of Motor Vehicles will test to see if a driver can meet its “visual acuity” screening standard. The DMV’s vision screening standard is: 20/40 or better with both eyes tested together, and 20/40 or better in …
The new dog-walking “apps” Wag! and Rover can be a life-saver for man’s best friend. But what happens when a dog walker loses your dog or a dog is injured while under the walker’s care? In March, the New York Post reported that dog walkers hired through Wag! had lost three dogs in a one-month …
Any type of involvement in a school sport comes with some degree of risk of injury. However, if school officials fail to create a safe environment for children to participate in organized sports, a serious injury can occur. If your child has been injured while participating in a school sport, you may be able to …
As of January 1, 2015, undocumented immigrants have been able to get a driver’s license in California. Known as an “AB 60 license,” it is available from the California DMV without a social security number to immigrants who can prove they are California residents. An AB60 license allows an undocumented immigrant to: Drive legally in California, …
California has reduced many of the fees and costs minors and their families pay in the California juvenile justice system. The changes resulted from the passage of California Senate Bill 190 (SB 190), which became effective on January 1, 2018. Among the costs juveniles under age 21 and their parents/guardians are no longer liable for are: …
California law allows people to sue if they are bitten by bedbugs while renting property or staying in a hotel.To recover damages, the guest will usually need to prove that: The owner of the property knew or was on notice of a bedbug infestation, The owner failed to take reasonable steps to eradicate it, and …
Beginning on January 1, 2018, inmates aged 60 and older who have been in prison for at least 25 consecutive years may be eligible for California’s “Elderly Parole Program.” The Elderly Parole Program is set forth in California Penal Code section 3055. It was authorized by passage of California Assembly Bill 1448 (“AB 1448”) in 2017. …
“Sextortion” is a form of blackmail under Penal Code 518, California’s extortion law. California law defines “extortion” as: The act of obtaining property or other consideration from someone, With his or her consent, By the use of force or fear. Extortion is commonly referred to as “sextortion” when the consideration demanded involves: Sexual conduct, or …
