Author: tmg_admin
-

Is California a “Stand Your Ground State”? Here is the Answer
Stand your ground is a law that removes your duty to retreat before using force in self-defense. Under these laws, you can use deadly force without attempting to retreat if you believe that you are in imminent danger of death or serious injury. In states with an explicit stand your ground law, a person does…
-

What are “Specific Intent Crimes”
A “specific intent crime” is a criminal activity in which the prosecution must demonstrate that you committed it with the subjective intent to bring about a particular, forbidden outcome. But what does this actually mean in terms of a criminal charge? Does the prosecutor need to demonstrate that you just intended to commit the action…
-

SB 384 California – New Law Regarding Sex Offender Registration
You know how devastating the California lifetime requirement is, requiring you to be a registered sex offender. That law has been changed. A contemporary, tier-based approach to risk recognition that acknowledges different degrees of risk marks a step in California, which no longer relies on its strict system. Instead, with the enactment of Senate Bill…
-

4 Ways to Reduce a Felony to a Misdemeanor in California
A felony conviction may leave significant permanent employment, housing, and civil rights barriers. Luckily, California law offers several avenues to reduce a felony to a misdemeanor, providing a second opportunity to a person who has shown signs of rehabilitation. This process is commonly known as a wobbler reduction and can be life-changing. It reinstates gun…
-

“Probable Cause” in California – 4 Examples Where It Applies
Probable cause is a fundamental principle of the Fourth Amendment of the U.S. Constitution, protecting citizens against unreasonable searches and seizures. It is the test that the police must pass before they can search, seize property, and make an arrest. Probable cause is a reasonable belief, supported by facts and circumstances, that a crime has…
-

When Can Minors Be Tried as Adults in California?
California’s justice system faces a difficult question: At what age should a minor be tried as an adult? The consequences of this choice are significant, and the results could severely alter a young person’s future with more severe punishment and long-term effects. Although most juvenile cases remain in juvenile court, certain serious offenses, like murder,…
-

PC 422 -Administering Drugs to Commit a Felony
Administering drugs to another person with the intent to commit a felony is unlawful. If you willingly and intentionally administer drugs to another person with the intent of manipulating or incapacitating him/her for criminal reasons, you could face grave penalties under Penal Code 422. Prosecutors and judges are strict on drug‐related offenses, particularly when drugs…
-

Treatment-Mandated Felonies in California
Gone are the days when everyone suffering from a drug addiction would spend time behind bars after committing a drug-related crime. Treatment-mandated felony allows the defendant to recover from the real issue, the addiction. Instead of serving time, the defendant participates in a comprehensive personalized treatment program on probation, addressing what contributed to the criminal…
-

What is a “Franks Motion” and Hearing?
The 4th Amendment of the U.S. Constitution protects you from illegal search and seizure. If law enforcers believe you used a property to commit an offense, they can obtain a search warrant from a judge. The warrant allows the police to search you or the property for evidence associated with the criminal activity and seize…
-

How Long Does a Felony Stay on Your Record in California?
If you are under arrest or investigation as a suspect in a felony case, it is natural to worry about the offense’s impact on your life. Before even the prosecution process begins, you could wonder how long a conviction for a felony will remain on your criminal record. Generally speaking, a conviction for any felony…