Recent Blog Posts
CA Penal Code 236.1: Human Trafficking
California Penal Code Section 236.1 lays out California’s prohibition on the practice of human trafficking. Human trafficking is broadly defined as depriving the personal liberty of another person for the purposes of commercial sexual exploitation or forced labor. The California legislature specifically defines human trafficking to be equivalent to the federal definition of “severe”… Read More »
CA Penal Code 236 and 237: False Imprisonment
California Penal Code Section 236 sets out California’s prohibition on false imprisonment. Broadly, PC 236 defines “false imprisonment” as “the unlawful violation of the personal liberty of another.” False imprisonment is meant for circumstances where a person restrains or holds another person against their will, but the severity of the crime does not amount… Read More »
CA Penal Code 261: Rape
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 »
California Penal Code 287(a) – Unlawful Oral Copulation
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 »
CA Penal Code 288 – Lewd or Lascivious Acts with a Child
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 »
California’s Fair Chance Act Limits Barriers to Employment from Criminal History
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 »
California Continues Criminal Justice Reform With Laws Limiting Felony Murder, Juvenile Prosecution
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 »
California Ends Cash Bail System for Criminal Defendants
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 »
New California Laws Ban Secret Settlements, Protect Victims in Sexual Harassment Cases
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 »
California Refines DUI Laws for Uber Drivers, Cannabis Possession
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 »