Teen Sexting: What Orange County Parents Need to Know (Penal Code Sections 311.1 to 311.12)
Teen Sexting: What Orange County Parents Need to Know (Penal Code Sections 311.1 to 311.12) Parents often cringe when they hear their teenagers are involved in "sexting." They know that teen sexting involving minors can lead to very serious charges of violating California’s child pornography laws pursuant to Penal Code Sections 311.1 to 311.12. What is Sexting? The term sexting refers to the exchange of nude self-portraits or other sexually explicit…
Read MoreConsequences of Committing Forgery in Riverside (Penal Code Section 470, et seq)
Consequences of Committing Forgery in Riverside (Penal Code Section 470, et seq) What does it mean to commit forgery? It means a whole lot more than signing someone else’s name to a legal document or a check. Committing forgery in Riverside is a serious crime. How Can You Be Prosecuted for Committing Forgery in Riverside? Forgery is considered a crime of fraud. California law under Penal Code Section 470 prohibits…
Read MoreAttempting to Dissuade a Witness from Testifying Against You is a Crime (PC 136.1)
Attempting to Dissuade a Witness from Testifying Against You is a Crime (PC 136.1) It makes sense to want to avoid consequences for inappropriate behavior, particularly when facing the severe punishment that comes from a criminal conviction. However, dissuading or attempting to dissuade a witness or a victim of a crime not to testify, under certain circumstances you can be held criminally liable and prosecuted under California law. Pursuant to…
Read MoreA Person with a Low IQ Cannot Waive His or Her Right to Jury Trial
A Person with a Low IQ Cannot Waive His or Her Right to Jury Trial The rules of court in a criminal proceeding require that a defendant who waives his or her right to a jury trial may only do so if certain conditions are met. However, a person with a low I.Q. cannot waive his or her right to a jury trial. Our attorneys at Wallin & Klarich want…
Read MoreConsequences of Committing Perjury in San Bernardino (Penal Code Section 118)
Consequences of Committing Perjury in San Bernardino (Penal Code Section 118) Pursuant to Penal Code Section 118, you commit perjury in San Bernardino if you willfully and while under oath state as true any material matter which you know to be false. The law applies to every person who testifies, declares, deposes or certifies under penalty of perjury of the laws of the state of California. The prosecution bears the…
Read MoreIdentity Theft Punishment: What are the consequences of I.D. theft ?
Identity Theft Punishment in California Identity theft and computer crime are typically prosecuted as fraud in California, and both offenses are usually “wobblers” – meaning the prosecutor has the option of charging you with a misdemeanor or a felony depending on: The circumstances of the offense; and Your criminal background. You could face up to one year in jail and/or a maximum $5000 fine if you are convicted of misdemeanor…
Read MoreThe Felony Murder Rule: How a Dangerous Felony Can Turn into Murder Charges - Penal Code Section 189
The Felony Murder Rule: How a Dangerous Felony Can Turn into Murder Charges - Penal Code Section 189 California law describes murder as the intentional and malicious killing of another person or unborn child (Penal Code Section 187). However, committing certain crimes that result in a killing, even accidentally, can elevate the charges against you to murder. This is what is known as the “felony murder rule." Felony murder, unlike…
Read MoreWhy Can’t Criminal Defense Attorneys Tape Witness Statements without Consent while Cops Can?
Why Can’t Criminal Defense Attorneys Tape Witness Statements without Consent while Cops Can? For years, it has been deemed legal by our courts to permit law enforcement to tape conversations with suspects and witnesses without their knowledge. Those tape recordings are used by prosecutors on a regular basis in their attempt to obtain convictions. However, criminal defense attorneys who are fighting for justice and doing all they can to see…
Read MoreHow Sexual Battery Charges Affect Your College Career – Penal Code Section 243.4
How Sexual Battery Charges Affect Your College Career – Penal Code Section 243.4 College football fans in Tallahassee, Fla. are rejoicing today knowing that Jameis Winston, star quarterback of the top-ranked Florida State Seminoles and favorite to win the Heisman Trophy, won’t have to face sexual assault charges. His college career remains unaffected and he is on track to play in the biggest college football game of the year, the…
Read MoreNew Law Prohibits Asking About Criminal Convictions on State Job Applications
New Law Prohibits Asking About Criminal Convictions on State Job Applications On Oct. 11, California Governor Jerry Brown signed Assembly Bill 218 clarifying what the government can ask you on state and local government job applications. With this newly signed law, California joins nine other states with similar legislation. Essentially, AB 218 prohibits state and local agencies from asking about criminal convictions on state job applications. The law bans state…
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