Is Reckless Driving a Felony or Misdemeanor in California? (Vehicle Code Section 23103)
Is Reckless Driving a Felony or Misdemeanor in California? (Vehicle Code Section 23103)
Reckless driving is a misdemeanor in the state of California. According to California Vehicle Code Section 23103, "a person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving." A conviction for this offense can result in imprisonment in a county jail for up to 90 days and/or a fine of up to $1,000. These penalties…
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New Law Amends California Domestic Violence Laws (California Penal Code Section 273.5)
On Jan. 1, California Assembly Bill 16 (AB 16) went into effect, amending Penal Code Section 273.5 (corporal injury on a spouse, cohabitant or co-parent). It expands the definition of who can be a victim of domestic violence to include former fiancés and fiancées as well as current and former dating partners. With this expanded classification, it is important to know what impact this law can have on you. What…
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What You Need to Know about California’s New Revenge Porn Law (SB 255)
While you may feel that your obligations to your significant other end when the relationship is over, this may not be entirely true. "Revenge porn," as defined by Senate Bill 255, occurs when a person takes a sexually revealing picture of a significant other and then uploads this to the Internet following a breakup with the intent to harm or seek revenge.1 This new law took effect Jan. 1, 2014.…
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Beware of Fake Lawyers Trying to Steal Your Money
You may not be aware of this but there are many people who advertise themselves as lawyers when in fact, they are not lawyers at all. These fake lawyers are making promises that cannot be achieved in order to convince you to hire them. In most instances, their services require you to hand over cash to them before they offer their services. However, paying money up front would be a…
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6 New California Laws You Need to Know
As Californians enthusiastically welcome the New Year, they must also prepare to embrace a wide-range of new laws that went into effect January 1, 2014. These laws, which are often subtly put into effect but harshly enforced by the police, will likely affect a large number of uninformed citizens living in California. It is important that you are aware of all of the new laws that could impact your life…
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California Governor Jerry Brown Proposes Budget to Fix Prison Overcrowding
Last week, California Governor Jerry Brown proposed a state budget which included a number of policy proposals intended to rectify the long-standing problem of prison overcrowding. If this plan is correctly implemented it could result in the release of thousands of California inmates back into the general population. Aspects of Gov. Jerry Brown's Prison Plan Proposals If Governor Brown's proposals are adopted by our legislature then some or all of…
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How to Avoid Being Arrested for Possession of Cocaine if You are Visiting Justin Bieber’s Home
As has been reported by a number of media outlets nationally, L.A. County sheriff's arrived at Justin Bieber's Calabasas, Calif. home on Jan. 14 with 11 cop cars and a battering ram. Armed with a search warrant, Bieber's home was being searched for evidence that could connect the pop star to the crime of felony vandalism. Bieber's Friend Arrested for Possession of Cocaine During the search of the home, the…
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Will Justin Bieber Face Vandalism Charges? Never Say Never
If you have more money than God and you can do just about anything you want with it, what would you do for fun? If the allegations being raised by one of Justin Bieber's neighbors are true, the 19-year-old pop star decided to egg his neighbor's house on Jan. 9. According to a statement released by the Los Angeles County Sheriff's Department, Bieber's neighbor claims the egging is estimated to…
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A Court Cannot Extend Your Probation for Failing to Pay Restitution
A California defendant was recently faced with the summary revocation of her probation by the county probation department. In this case, the defendant was placed on three years probation and required to pay restitution. Threes month before her probation was set to expire, she was informed that she failed to make her restitution payments and she violated her probation. However, the defendant had been making her payments. After appearing without…
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Were My Fourth Amendment Rights Violated?
The Fourth Amendment protects individuals against unreasonable searches and seizures. However, Fourth Amendment protection applies only to unreasonable interaction between you and the police officer involved with a seizure of your person or your property. If the Fourth Amendment does apply in your case, it may be possible under California Penal Code 1538.5 to file a motion to "suppress evidence." Our experienced criminal defense lawyers at Wallin & Klarich can…
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