Criminal Law

What Does Own Recognizance Mean? Own recognizance means to be released without having to pay bail with the promise that the released individual will show up on their court date. Specifically, an individual will be required to sign an agreement stating that: They will appear in court when ordered to do so; Obey all conditions imposed by the court; Not…

Is it a Crime to Prepare False Evidence? Yes, under Penal Code 134, it is a crime to prepare any false material with the intent to produce it, or allow it to be produced for any fraudulent purpose while presenting it to be true for purposes of trial or any other proceeding. What is Considered Evidence for Purposes of Penal…

California PC 278 Child Abduction According to California Penal Code Section 278, child abduction is malicious taking, enticing, keeping, withholding, or concealing a child with the intention to detain or conceal the child from his legal custodian. What Must the Prosecutor Prove to Be Convicted of a PC 278 Child Abduction? The prosecutor must establish the following elements to prove that…

Can You Leave an Animal in a Hot Vehicle? No, an individual may not leave an animal in a hot vehicle. Per California Penal Code section 597.7, an individual may not leave or confine an animal in any unattended vehicle under conditions that endanger the health or wellbeing of an animal due to weather and/or other circumstances. What Circumstances Jeopardize…

What Are the Street Racing Laws in California? Street racing of any kind is forbidden on California public roadways. Offenses include street racing, drag racing and speed contests. Violation of these rules allows for the offenses to be punished under Vehicle Code 23109, Vehicle Code 23103 and Penal Code 187. What Are Speed Contests? California Vehicle Code 23109: Speed Contest…

According to 18 USC § 152 and 18 USC § 157 Bankruptcy Fraud is committed when a person makes a misleading claim or false statement in a bankruptcy proceeding or intentionally files a fraudulent bankruptcy petition as part of a larger scheme to defraud. Bankruptcy Fraud can be prosecuted through numerous criminal statutes such as wire fraud, mail fraud, credit…

According to Section 2113 of Title 18 of the United States Code, it it’s prohibited to take or attempt to take property, money, or items of value from federal banking institutions. What Kind of Conduct is Prohibited? Under 18 USC 2113 Subsection (a) it is prohibited taking or attempting to take money, property, or any item of value from a…

According to California Penal Code Section 626.9, also known as the California Gun-Free Zone Act, it is illegal to knowingly possess loaded or unloaded a firearm or to discharge a firearm in a school zone. Elements of Penal Code Section 626.9 Prosecutor must establish the following elements to convict the defendant of violating the Gun-Free School Zone Act Defendant was…

California Penal Code Sections 243(b) and 243(c) makes it is illegal to commit a battery on a peace officer. Person can be found guilty of PC 243(b) or (c) if he knowingly used unlawful force against a peace officer while he was performing his duties. Elements of Penal Code 243(b) Battery on a Peace Officer Prosecutor must establish the following…

According to California Penal Code Section 288.3 (PC-288.3) it is illegal to contact, communicate with, or attempt to contact or communicate with a person, while knowing that person is a minor, with intention to commit any of the following offenses: Kidnapping: California PC Section 207 Kidnapping for ransom, reward, extortion, or to commit robbery or rape: California PC Section 209…