California Legal Blog – A Deep Dive Into Issues That Affect Your Life

Is it illegal to borrow (or loan out) a handicapped placard?

Posted on April 1, 2018 | Category: Fraud

Vehicle Code 4461 is California’s law against handicapped parking fraud. Among its provisions, VC 4461 makes it illegal to loan or borrow a handicapped parking placard unless: The person borrowing the placard is transporting the disabled person to whom the placard was issued, and The disabled person is in the vehicle or within a reasonable …

Is it legal to possess child porn if the images are animated rather than real?

Posted on March 28, 2018 | Category: Criminal Defense

It is not a crime to possess animated child pornography in California, as long as no children were used to produce it. California’s “child pornography” laws exist to protect against the exploitation of actual children. They prohibit possession or production of any matter that: Depicts actual or simulated sexual conduct, By a person under 18 years …

Is a drunk driver automatically at fault for an accident in California?

Posted on March 26, 2018 | Category: DUI

Driving drunk is a violation of California traffic laws. But just because someone was driving under the influence of alcohol and/or drugs, the drunk driver is NOT automatically at fault for an accident. In California, someone is at fault for a vehicle accident when: He or she drove a vehicle; While driving, he or she …

What if I’m hit by a DUI driver with no insurance?

Posted on March 21, 2018 | Category: DUI

California law provides several options for drivers who are hit by an underinsured or uninsured driver who was under the influence of alcohol or drugs at the time. They include: Suing the DUI driver; Suing a liable third party, if any; and/or If the injured driver has such coverage, making a claim under the injured …

California Juvenile Records Automatically Sealed Upon Completion of Probation

Posted on January 25, 2018 | Category: Criminal Defense

The California State Legislature amended Section 786 of the Welfare and Institutions Code which now allows for juvenile records to be sealed automatically after the case is dismissed. Upon satisfactory completion of the probation terms, the court will dismiss the juvenile’s case. Once the case is dismissed, the judge orders that all records related to the dismissed …

California lowers the BAC limit for cab & ride share drivers

Posted on January 23, 2018 | Category: DUI

In Assembly Bill 2687, the California legislature lowered the blood alcohol limit for Californian “passenger for hire” drivers in an effort to protect riders. Starting July 1, 2018, paid drivers cannot have a blood alcohol level of .04 percent or more. The bill amends Vehicle Code sections 23152(e) and 23153(e). “Passenger for hire” is a passenger …

California Residents Must Buy Ammunition Through a Licensed Ammunition Vendor

Posted on January 16, 2018 | Category: Criminal Defense

The California State Legislature recently passed a restriction on the sale of ammunition. Section 30312 of the California Penal Code requires the sale of ammunition to be conducted by or processed through a licensed ammunition dealer authorized by the Department Of Justice (DOJ). Pursuant to the code, the seller must be a licensed ammunition dealer in order …

Do defendants have to pay public defender fees even if they are not convicted?

Posted on January 13, 2018 | Category: Litigation

Defendants in California can no longer be required to “pay back” public defender fees unless they ultimately get convicted in the case. Senate Bill 355 stops courts from ordering that exonerated defendants repay public defender or court-appointed counsel regardless of the outcome at trial. Of course, defendants are contractually-bound to pay private attorneys under the terms …

Where Can I Legally Buy, Use and Grow Marijuana in Los Angeles?

Posted on January 5, 2018 | Category: Marijuana Laws

On January 1, 2018, the use of recreational marijuana became legal in California for adults age 21 and older. But sale, possession and cultivation of weed are subject to reasonable local restrictions. Here’s how local and state regulations affect your right to purchase, use, possess and grow marijuana in Los Angeles. Where can I legally …

5 Reasons Why Medical Marijuana is Still a Good Idea in California

Posted on January 2, 2018 | Category: Marijuana Laws

On January 1, 2018, recreational marijuana became legally available to adults in California. Recreational marijuana use was approved by California voters with the passage of Proposition 64, the California Marijuana Legalization Initiative, in November 2016. Following implementation of Prop 64, medical marijuana users may be wondering whether there are still any advantages to having a …

Someone Lied About Me on the Internet in California. What Can I Do?

Posted on May 8, 2017 | Category: Criminal Defense

With so many social media and review websites on the internet, many people in California are concerned about protecting their digital reputation. Unfortunately, there is little California residents can do to make people take down the offending posts. The good news, however, is that California defamation law allows people to sue for damages for harm …

Where in a National Park Can I Bring My Service Animal or Pet?

Posted on February 8, 2017 | Category: Animal Laws

Federal law allows national parks to ban pets, but prohibits restrictions on service animals in public places. However, the law is subject to exceptions. Under 36 CFR 1.5, a national park superintendent can impose restrictions on service animals if he or she determines that domestic animals pose a risk to wildlife, the environment, or public health. …

The “Marriage Effect” – How Romantic Relationships Reduce Crime

Posted on February 8, 2017 | Category: Criminal Defense

We’ve all heard of couples who go on crime sprees together. There is even a scientific name for it: hybristophilia, popularly known as “Bonnie and Clyde syndrome.” Sexologists – yes, they exist – describe hybristophilia as a condition in which someone derives arousal and pleasure from having a sexual partner who is known to have “committed …

Does Proposition 64 mean that it’s now legal to possess marijuana paraphernalia?

Posted on January 17, 2017 | Category: Marijuana Laws

It’s legal to possess marijuana paraphernalia in California–but not because of the marijuana legalization law Proposition 64. In fact, California’s possession of drug paraphernalia law (Health and Safety Code 11364 HS) never applied to paraphernalia for smoking marijuana (such as bongs and papers for rolling joints). The major forms of paraphernalia that are covered under …

California Proposition 64 Legalized Marijuana – Does This Mean I Can Buy and Smoke Weed Now?

Posted on January 9, 2017 | Category: Marijuana Laws

On November 8, 2016, California voters approved Proposition 64, also known as the Adult Use of Marijuana Act (“AUMA”). Prop 64 makes it legal for adults aged 21 and over to buy and use recreational marijuana in California. California is now one of eight U.S. states in which the recreational use of marijuana by adults …

Will a California governor’s pardon prevent my criminal history from affecting my immigration status?

Posted on January 5, 2017 | Category: Immigration

You may have read recently about the large number of California governor’s pardons granted at the end of 2016 by Governor Jerry Brown. In fact, Governor Brown has far exceeded his predecessors in the number of pardons he has granted since he assumed office. We also know that President-elect Donald Trump’s promise to speed up …

2017 Changes to California’s Gun Laws

Posted on January 3, 2017 | Category: Gun Laws

2020 UPDATE: On August 14, 2020, the Ninth Circuit ended California’s ban on high capacity magazines (HCMs). It ruled that PC 32310’s ban on HCMs violates the Second Amendment. The article below was written before this ruling. Beginning on January 1, 2017, California has a number of new laws that would restrict residents right to …

California’s Sexual Assault Laws Have Changed

Posted on December 30, 2016 | Category: Sexual Assault

Beginning January 1, 2017, California has several new laws affecting people charged with sexual assault. The new laws have been inspired by high-profile cases such as the allegations against entertainer Bill Cosby and the light sentence handed down to convicted Stanford swimmer Brock Turner. The first important change is the complete elimination of any statute of limitations …

I have a California marijuana conviction on my record. Should I pursue expungement under Penal Code 1203.4 or dismissal under Proposition 64?

Posted on December 19, 2016 | Category: Employment Law

Recently we have written about the possibility of getting resentenced or having your marijuana conviction dismissed and sealed under Proposition 64–California’s recreational marijuana law. Briefly, Proposition 64 provides that certain marijuana-related activities are no longer crimes–or are less serious crimes than they were before that law was passed. If you were sentenced under the old …

Is Internet Trolling a Crime in California?

Posted on December 8, 2016 | Category: Computer Crimes

In a recent survey, 28% of Americans admitted they had directed malicious online activity at someone they didn’t know. In many cases, such activity is protected by the First Amendment. But in other cases, such activity can subject you to a lawsuit or a criminal prosecution. Malicious online activity takes various forms in California, including: Trolling, …

I’m an immigrant with a California marijuana conviction on my record. Can Proposition 64 keep me from being deported?

Posted on December 1, 2016 | Category: Immigration

With President-elect Donald Trump promising mass deportation of immigrants with criminal records, many California residents who are not U.S. citizens and have suffered criminal convictions are (rightly) concerned about their future. But Proposition 64, which legalized recreational marijuana in California, may offer help to those whose convictions were for marijuana-related offenses. Passed by California voters on November 8, …

What Are the Penalties for a Riverside County Prescription Drug Offense?

Posted on November 30, 2016 | Category: Criminal Defense

California law classifies prescription medications as “controlled substances” that are subject to the same laws as illegal drugs like heroin and cocaine. Illegal Possession of Prescription Drugs in California California Health and Safety Code Section 11350 makes it a crime to possess a prescription drug with no valid prescription, to possess more of the drug …

I have a past conviction for possessing/selling/cultivating marijuana. Can I get my pot conviction dismissed now that marijuana is legal in California?

Posted on November 22, 2016 | Category: Marijuana Laws

Proposition 64, the Adult Use of Marijuana Act, legalized recreational marijuana use in California. And Prop 64 applies retroactively. This means that many people convicted of–or charged with–violating California’s marijuana laws as they existed prior to Prop 64 will have the right to have the charges dismissed, or their sentences reduced, or their convictions dismissed. Proposition …

Will Proposition 57 make me eligible for parole earlier?

Posted on November 9, 2016 | Category: Laws

On November 8, California voters passed Proposition 57 (Parole for Non-Violent Criminals and Juvenile Court Trial Requirements). In a nutshell, Prop 57 increases the chances of parole for California inmates serving California state prison sentences for nonviolent felonies. The new law does this in two ways: By providing that nonviolent felons who have completed the sentence for their primary …

I’ve Been Charged With HS 11378 Possession of Methamphetamines for Sale. Should I Accept a Plea Bargain to Simple Possession?

Posted on October 18, 2016 | Category: Drug Crimes

This is a scenario our California drug crimes defense attorneys see frequently: A defendant is arrested with a substantial quantity of methamphetamine (or another drug) and charged with, for example, Health and Safety Code 11378 HS possession of methamphetamines for sale. Possession of meth (or other drugs) for sale is a California felony. If you …

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