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CA Penal Code 261: Rape

By John D. Lueck |

California Penal Code Section 261 is part of California’s sex crime legal scheme and leads off the chapter that criminalizes rape, abduction, the carnal abuse of children, and criminal “seduction.” Rape is one of the most serious felony offenses under California law and carries severe penalties upon conviction. Section 261 concerns non-spousal rape, which… Read More »

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Penal Code 287 addresses sexual assault

California Penal Code 287(a) – Unlawful Oral Copulation

By John D. Lueck |

California’s sexual assault crimes are codified within Title 9 of the California Penal Code (PC). Section 287 punishes unlawful “oral copulation,” which is defined as the “the act of copulating the mouth of one person with the sexual organ or anus of another person.” Consensual oral copulation is not itself illegal in California; rather,… Read More »

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Sex offender has violated PC 288

CA Penal Code 288 – Lewd or Lascivious Acts with a Child

By John D. Lueck |

California’s child molestation statute is codified within section 288 of the California Penal Code (PC). Section 288(a) prohibits committing “any lewd or lascivious act” with a minor child under 14 years of age. “Lewd or lascivious” generally refers to acts of a sexual nature. Child molestation is an extremely serious offense, and even merely… Read More »

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California’s Fair Chance Act Limits Barriers to Employment from Criminal History

By John D. Lueck |

Criminal convictions come with a host of unforeseen side effects other than the direct punishments imposed by the court. A criminal conviction can affect citizenship status, custody determinations and credit scores, as well as employment eligibility, creating many additional hardships that make it difficult for those with a criminal record to reintegrate into society… Read More »

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California Continues Criminal Justice Reform With Laws Limiting Felony Murder, Juvenile Prosecution

By John D. Lueck |

Governor Jerry Brown recently signed a number of laws aimed at criminal justice reform. These laws benefit accused juvenile offenders, beyond the reforms we previously covered, as well as those who would otherwise face murder charges under the antiquated felony murder rule. Read for details about the new laws, and contact an experienced Rancho… Read More »

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Bag of money that reads bailout to illustrate that the cash bail system favors the rich

California Ends Cash Bail System for Criminal Defendants

By John D. Lueck |

California has just become the first state to end cash bail for criminal defendants. Under a law recently signed by Governor Jerry Brown, defendants will face either jail or no jail pending trial, with no cash payment required. Continue reading for more about the new law and the pretrial detention system, and contact an… Read More »

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Closeup portrait of young woman with #metoo tape strapped and frightened

New California Laws Ban Secret Settlements, Protect Victims in Sexual Harassment Cases

By John D. Lueck |

California lawmakers have been responding to the #MeToo movement with a fervor, drawing up and passing numerous laws intended to protect employees in the workplace. Governor Jerry Brown just signed several bills that limit employers’ ability to sweep sexual harassment instances under the rug and otherwise expand the rights of victims of harassment. Continue… Read More »

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DUI Law title on a book and gavel.

California Refines DUI Laws for Uber Drivers, Cannabis Possession

By John D. Lueck |

To account for the changing times for drivers, California passed several laws in 2017 that recently went into effect. Read on to learn about several laws that affect rideshare drivers and cannabis users, and contact a knowledgeable San Bernardino criminal defense attorney if you have any questions or are facing criminal charges. Rideshare and… Read More »

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New California Law Would Prevent Minors Under 16 From Being Tried As Adults

By John D. Lueck |

Under current California law, minors as young as 14 can be tried as an adult depending on the circumstances of the crime and the nature of the defendant. A new law currently before the California legislature would require that all 14- and 15-year-olds be tried as juveniles, regardless of the crime. Read on for… Read More »

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Marijuana legal concept with gavel and marijuana on table

How California Props 64 and 215 Affect Marijuana Users, Growers, and Sellers

By John D. Lueck |

California voters passed Prop 64, the Adult Use of Marijuana Act (AUMA), on November 8, 2016, which permits the adult recreational growth and use of marijuana (or cannabis). The commercial sale and purchase of marijuana became legal earlier this year. Continue reading to learn what is allowed under California law, and contact an experienced… Read More »

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