What is Penal Code section 261 and 262 - Rape?
Aug 22, 2012
Under California law, rape is defined as nonconsensual sexual intercourse accomplished by means of force, threats or fraud (Penal Code 261). Rape laws apply to both men and women. Spousal rape, defi...
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What is Penal Code section 261.5 - Statutory Rape?
Aug 21, 2012
What is Statutory Rape?
Statutory rape is defined under Penal Code 261.5 as sexual intercourse with a person under 18 years of age. The two individuals cannot be husband and wife. This crime is more b...
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What is a Misdemeanor Pre-Trial Hearing?
Aug 20, 2012
The legal process is packed with terminology that can be misleading even to attorneys. For example, a pre-trial hearing certainly implies that trial is imminent or definite. Therefore, when our offi...
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What is Penal Code section 496 - Receiving Stolen Property?
Aug 15, 2012
Receiving stolen property happens when someone purchases or obtains possession of an item that was acquired by the seller or giver by theft (i.e. burglary, embezzlement, shoplifting, robbery), fraud ...
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Do Warrants Expire?
Aug 14, 2012
Our office often receives phone calls from folks aware that a warrant was issued and they are anxious to know what do to next, as they fear police may execute it on them at any time. Our first reac...
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When One Admits to Having Marijuana, A Search Is Legal When An Arrest Follows
Aug 13, 2012
A search conducted without prior approval by a judge (in the form of a warrant) is unreasonable under the Fourth Amendment to the U.S. Constitution with the exception of a few situations. Such excep...
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What is Grand Theft Auto?
Aug 09, 2012
Grand theft auto, also referred to as GTA, vehicle theft and / or just auto theft, is the unauthorized taking of anothers car with the intent to permanently deprive the owner of the car. It may be b...
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What is Joyriding?
Aug 07, 2012
Joyriding is a temporary taking of a car or motorcycle (Vehicle Code 10851), bicycle (Penal Code 499b(a)), or boat (Penal Code 499b(b)), without the owners permission. The taking is generally tho...
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Witness Intimidation Can Make Admissible Otherwise Inadmissible Hearsay
Aug 06, 2012
It is common in domestic violence cases, as well as certain theft cases and certainly gang-related cases, that the unavailability of a witness for trial can mean a dismissal or defense verdict. For e...
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Driving Without A Valid License (Vehicle Code § 12500(a)) Or On A Suspended Or Revoked License (Vehi
Jul 31, 2012
One of the more common offenses our clients face, usually in conjunction with other offenses such as DUI or speeding, is without a valid license, a violation of California Vehicle Code 12500(a), or ...
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