Were you given a ticket or even arrested for violating Business & Professions Code § 25658(a)? Was it part of a sting? Operation “Shoulder Tap?” Now you are wondering if entrapment or some other kind of defense is available. What is the punishment for this crime? Is jail part of the sentence? Click on the following link to read answers to these questions.
What is required to convict someone of loitering while peeking, such as being a “Peeping Tom?” Is this offense a felony or a misdemeanor? Why is it not just charged as trespassing (Penal Code § 602)? If convicted, does one have to register as a sex offender? What is the punishment? What are the defenses? To read answers to these questions, click on the following link.
Some of our clients become very angry when the police refuse to provide them a copy of the police report. Sometimes, the police do withhold it improperly, perhaps because the client is impolite or the police officer is just simply lazy. Other times, the police cannot provide a witness, victim or suspect the police report. To read about those situations when the police properly deny a request for the police report, click on the following link.
As one knows, the sales tax one pays in buying something is not income to the merchant. Instead, the tax is paid to the government and if not collected, is not a loss to the merchant. Therefore, if someone steals an item from a merchant, can sales tax be added to the price of the item to determine its value in evaluating if it is less than $950, as relevant to the Prop 47 analysis? To read a case summary of a reported decision that addressed this issue, click on the following link.
It is rare to see a criminal complaint for contributing to the delinquency of a minor, so if one is accused of this, it is only natural for the accused to have many questions. What must the prosecutor prove? What are the defenses? What is the possible punishment? To read more about Penal Code § 272, contributing to the delinquency of a minor, click on the following link.
It is sadly common for a woman to tell police that while her husband punched her, she believes she deserved it. She may explain that she burned the dinner or forgot to pick up his dry cleaning. She may not say this in so many words, but she may be oddly unemotional about her injuries and instead be more concerned about her husband leaving for jail or prison because she does not work. A prosecutor may recognize this. To read more about this issue, click on the following link.
Although it may seem intuitively obvious how remaining silent differs from requesting an attorney to be present before further questioning, there are practical differences that are more subtle and significant. To read about the different effects caused by just remaining silent in the face of questioning and affirming request of counsel, click on the following link.
What are the magic words one must say to assert the right to remain silent? Can one just say, “I do not want to answer any questions?” Does one have to tell the police that he or she will not answer questions until his or her attorney is present? Does one have to cite to the Fifth Amendment or Miranda in telling the police that he or she wants to remain silent? To read more about asserting the right to remain silent, click on the following link.
Exactly what must police say to properly advise one of one’s rights under Miranda? What if the defendant can’t speak or understand English? When police do give the admonition, do they need to tell the suspect what the reason is for the questioning or what charges are possible? After all, this would certainly make the suspect’s decision to speak or silent easier. To read answers to these questions, click on the following link.
If one believes that being in police custody is required for Miranda warnings to be issued, that person is in the small minority of people who correctly understand Miranda. But what kind of police custody? If the police ask someone to exit their vehicle is that being in custody? Or does one need to be in a jail cell? How about if one is handcuffed? What if one is in a police car, but not handcuffed? To read more about this issue and when Miranda must be read, click on the following link.