Martin Jones To Be Featured in Super Lawyer’s August Edition
In the dynamic world of law, recognition is not merely a matter of personal achievement; it’s a testament to one’s dedication, expertise, and impact within the legal community.…
Sexual battery-PC 243.4
California Penal Code section 243.4 describes “sexual battery” as touching the intimate parts of another person, against the person’s will, for the purposes of sexual gratification, sexual arousal, or sexual abuse. Sexual battery may be charged as a felony or a misdemeanor, and, importantly, may subject you to significant sex offender registration requirements.
As a result of the #MeToo movement, sexual battery allegations were thrust into the forefront of controversy – the most publicized of which are arguably the allegations against Harvey Weinstein.
When people think of sexual battery, it often evokes Mr. Weinstein’s image and his long list of …
Kiddy Porn
Child pornography offenses can be charged in either state or federal court. Federal penalties are much more sever and can have minimum prison terms. Which jurisdiction prosecutes the case depends on a variety of factors including the age of the victims, the number of images and whei
Under California law, a person who possesses images that depicts a person under 18 years of age engaging in or simulating sexual conduct, or the picture is focused on the child’s genitals, commits a felony punishable by up to a year in prison, a $2,500 fine or both. (Penal Code sections 311.1, 311.2, …
What happens when you go to Court?
Most of my clients have never been in trouble before. Aside from jury duty, they may have not previously been in a courtroom. At best, going to court, especially if you are accused of something serious, is very stressful. There can be a lot of anxiety and uncertainty. Much of that anxiety is due to not knowing what is going to happen and what to do. This article is to give anyone going to court a few guidelines to follow.
How do you Dress? You need to take going to court seriously. I have always told my clients to …
Should I Call 911?
Relationships are complicated. Romantic relationships can be particularly volatile. Partners can say and do regrettable things in the heat of arguments. Unfortunately, there are circumstances that necessitate involving law enforcement.
There can, however, be moments of regret that follow involving law enforcement. Seeing your loved one being arrested following a fight and charged with a serious crime can be traumatic.
During a fight, significant others may call law enforcement for the purpose of diffusing an argument or out of anger. They may not intend for their partner to end up in the criminal justice system. It is not uncommon for …
How to Post Bail
There has been a lot of recent confusion over the issue of bail in California. In the past several years there have been a number of movements to abolish the use of bail.
In some ways the movement is short-sighted and fails to address the real issue – that the bail amounts are set too high.Despite new case law (See, In re Humphrey and In re White). Proposition 25 and Senate Bill 10, practically, not much has changed.
In California, if you are arrested or know that you are going to be, in the majority of cases you are …
How to pick an Attorney
There are a lot of attorneys out there, so how do you pick the best attorney for your needs? Here are some key points to keep in mind and some important questions you should be asking.
First, does the attorney have sufficient experience to handle the issue that you are dealing with?
Once an attorney has a bar card, he or she can practice in any area of law they want. You will often find attorneys who do personal injury and criminal law and wills and trusts and family law. Basically, they will do anything.
An attorney that works in …
Juvenile Registration Law in California
Generally, a minor who has been adjudicated or admitted a sex offense does not have to register as a sex offender. There are two exceptions. The first is if the minor was transferred to adult court and convicted of a qualifying offense as an adult. The second is if the minor is adjudicated a ward of the court and then committed to the Department of Juvenile Justice (DJJ).
- Assault with intent to commit any of the following – rape, sodomy, or oral copulation, rape in concert, a lewd or lascivious act on a child, or penetration by a foreign object.
Diversion for Prostitution Charges
We’ve seen evidence of prostitution in some of the world’s oldest cultures. Prostitution has been described as one of the world’s oldest jobs. In some countries, prostitution remains a legal profession. In others, like the United States, prostitution is criminalized. Not everyone supports the criminalization of prostitution. To some, if not many, prostitution is a transaction between two consenting adults.
Nevertheless, as it stands, prostitution is illegal in California. California Penal Code section 647(b) criminals the exchange of of sexual act for compensation.
Recently, in fact, law enforcement has “rebranded” prostitution as an act of human trafficking. Or, at least, …
Restore Gun Rights in California
In California, a felony conviction and certain misdemeanor convictions1 will result in a ban on your ability to have a firearm. A felony conviction will result in a lifetime ban, and a qualifying misdemeanor conviction will result in a 10-year ban. Examples of misdemeanor convictions that will result in a 10-year ban are: assault, battery, threatening school, or public officials, dissuading a witness, domestic violence, criminal threats, and stalking.
Additionally, drug addiction and mental health issues may also impact your ability to have a firearm.
There are two avenues to restoring your gun rights in California. The first is …