What is False Imprisonment (Penal Code § 236)?

What is the punishment for false imprisonment?  What are the defenses? What are the usual issues that prosecutors look at in the offense, beside whether or not force is used and how long the “victim” is imprisoned? How does this offense differ from kidnapping?  Click on the following link to read answers to these questions.


What is Rape?

Are you or a loved one accused of rape?  How old was the alleged victim?  Was force allegedly used?  What are the defenses to this offense, beside consent?  What is the punishment?  What issues often arise in the scope of the investigation, including during a pretext call?  Click on the following link to read answers to these questions.


What is Statutory Rape?

Statutory rape has a stigma of being committed by a pervert, which may be deserved and may not.  What are the defenses to this crime?  What is the punishment?  What if the suspect is also a juvenile, or even younger than the so-called victim?  Does consent matter?  What if force was used?  Click on the following link to read answers to each of these questions. 


What is a Misdemeanor Pre-Trial Hearing?

Most of our clients, even those who have been through a criminal case before, are confused by all the terminology.  This is completely excusable, as it can be confusing.  What is a pre-trial hearing in a misdemeanor case?  What happens at that time?  Will officers who arrested you show up to testify?  Click on the following link to read a short article about this.


What is Receiving Stolen Property (Penal Code § 496)?

What punishment does one face if convicted of receiving stolen property?  Does it matter what type of property it is?  What are the defenses to this offense?  What issues would an attorney, either a prosecutor or a defense attorney, want to look at most closely?  Click on the following article to read answers to these questions.


Do Warrants Expire?

It is very common for our office to receive phone calls from people with warrants that are ten or more years old.  The caller often asks if there is a statute of limitations for enforcing such a warrant.  The answer to this question is no, as not only is a statute of limitations only an issue in the filing of a case, but warrants do not expire.  They last until the day someone dies and the case is dismissed.  To read more about this, click on the following link.


When One Admits to Having Marijuana, A Search Is Legal When An Arrest Follows.

The reader of the title to this post may recognize the syllogistic approach a court can take.  After all, if an arrest does not follow a search, no one would probably challenge the search at all.  There would be nothing to suppress from evidence.  However, if one admits to having marijuana, does this always make a search legal?  Click on the following link to read more about this interesting case.


What is Grand Theft Auto?

Grand theft auto, or GTA, seems to be a crime glamorized by a video game that literally treats the crime like a fun thing to do.  This crime, however, has very serious consequences.  What is the punishment?  What are the defenses?  Does it matter if someone is injured during the commission of the offense?  Click on the following link to read answers to all these questions.


What is Joyriding?

Do you or a loved one face charges of joyriding (a violation of Vehicle Code § 10851)?  Is it being charged as a misdemeanor or a felony?  What is the punishment?  What are the defenses?  What are the common issues that the prosecution looks to most, besides the obvious ones such as how long the car, truck, bike or boat was missing?  Click on the following link to read answers to these questions.


Witness Intimidation Can Make Admissible Otherwise Inadmissible Hearsay

There are many cases that involve a “he said, she said” situation.  Domestic violence, criminal threats, many sex crimes and violations of protective orders can rely upon the testimony of a single witness because there may be no physical proof of injuries or an e-mail confession.  Defendants quickly understand that if the one witness vital to the prosecution were not to appear for trial, the case would be dismissed.  Thus, witness intimidation is tempting.  However, there are negative consequences if one is to do this, as the following article explains.