Criminal Defense Process

California Penal Code Section 148(a) PC: Resisting Arrest

California Penal Code § 148(a)(1) – Resisting Arrest

Under California Penal Code 148(a)(1) PC, it is illegal to willfully resist, delay, or obstruct a public officer, peace officer, or EMT performing their lawful duties.This includes everything from physical struggles during an arrest to giving false information or blocking an investigation. What Is Resisting Arrest Under California Law? To be convicted of resisting arrest […]

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Forensic accountant analyzing financial fraud in a white-collar crime case

The Role of Forensic Accountants in Criminal Defense in California

The Role of Forensic Accounting in White-Collar Crime Defense Forensic accounting is an essential tool in defending against white-collar crime allegations. These cases often involve intricate financial records, sophisticated transactions, and substantial sums of money, making expert analysis crucial to uncovering the truth. In Los Angeles, forensic accountants collaborate with defense attorneys to analyze evidence,

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Los Angeles criminal defense attorney explaining the duress defense to a client.

Understanding the Duress Defense in California Criminal Law

Duress Defense in California: Can It Get Your Charges Dismissed? Facing criminal charges in California can feel overwhelming, especially when you acted under extreme pressure or threats. The duress defense—also known as “coercion”—is a legal argument that recognizes that some crimes are not committed out of free will, but because the defendant was forced to

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Criminal defense attorney filing a 995 motion in Los Angeles courtroom

Dismiss Criminal Charges Before Trial with a 995 Motion in California

Understanding 995 Motions to Dismiss in California: Process, Strategy, and Case Results A 995 motion, as defined under California Penal Code, is a powerful legal tool for challenging the evidence presented during a preliminary hearing. This motion allows defendants to argue that the prosecution failed to establish probable cause or made procedural errors, which can

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Los Angeles criminal appeals lawyer discussing how to appeal a guilty plea conviction in California

How to Appeal a Guilty Plea Conviction in California: A Guide for Los Angeles Defendants

What Is an Appeal in a Criminal Case? An appeal in a criminal case is not a new trial, but rather a request for a higher court to review the original court’s decision for legal errors. It’s important to understand that an appeal does not focus on re-examining the facts or evidence of the case.

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Los Angeles criminal defense attorney explaining California conspiracy law.

California’s Criminal Conspiracy Laws: Penal Code 182 Overview

Understanding Penal Code § 182: What Is Conspiracy in California? Under California Penal Code Section 182, conspiracy occurs when two or more people agree to commit a crime and take an overt action to further that agreement. Conspiracy charges can apply to a wide range of offenses, from theft to murder, and often involve multiple

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Attempted Crimes in California | Penal Code § 664: How Are Attempted Crimes Proven in California?

How Is Criminal Attempt Proven in California? In California, an attempt to commit a crime is treated as a serious offense, even if the crime itself was never completed. Under California Penal Code Section 664, a person can be convicted of “attempt” when they take a direct step toward committing a crime but are unsuccessful

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How the Heat of Passion Defense Could Impact Your California Criminal Case

What Is the ‘Heat of Passion’ Defense? The “Heat of Passion” defense is a legal argument used in criminal cases to show that the defendant acted impulsively under intense emotional stress, rather than with premeditation. This defense is typically used in homicide cases to reduce the charge from murder to voluntary manslaughter. The key idea

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Is Failure to Report a Crime a Criminal Offense in California?

Is Failure to Report a Crime a Criminal Offense in California? In California, the general rule is that citizens are not legally required to report all crimes they witness. Unlike some other states, California law does not impose a broad duty on individuals to report crimes simply because they have observed them. For instance, witnessing

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