Here is an outline of some new content I am putting together for http://www.MortlandLaw.com as a resource. I will keep updating as I wrote more content and would love your feedback along the way:
California Crimes by Code Section
California Business and Professions Code
California Health & Safety Code
California Health and Safety Code Section 11350: Possession of a Controlled Substance
If you have been charged with possession of a controlled substance in Fresno, Mr. Mortland is a lawyer that can help. In Fresno, the crime of possession of controlled substances has harsh consequences that an experienced Fresno defense attorney understands. For the prosecution to make a case against a defendant for violating California Health and Safety Code 11350, which makes it a felony crime to possess a controlled substance, California Health and Safety Code 11350 HS (possession of controlled substances) is laid out as follows:
(“(a) Except as otherwise provided in this division, every person who possesses (1) any controlled substance specified in subdivision (b) or (c), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in the state prison. (b) Except as otherwise provided in this division, every person who possesses any controlled substance specified in subdivision (e) of Section 11054 shall be punished by imprisonment in the county jail for not more than one year or in the state prison. (c) Except as otherwise provided in this division, whenever a person who possesses any of the controlled substances specified in subdivision (a) or (b), the judge may, in addition to any punishment provided for pursuant to subdivision (a) or (b), assess against that person a fine not to exceed seventy dollars ($70) with proceeds of this fine to be used in accordance with Section 1463.23 of the Penal Code. The court shall, however, take into consideration the defendant’s ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision. (d) Except in unusual cases in which it would not serve the interest of justice to do so, whenever a court grants probation pursuant to a felony conviction under this section, in addition to any other conditions of probation which may be imposed, the following conditions of probation shall be ordered: (1) For a first offense under this section, a fine of at least one thousand dollars ($1,000) or community service. (2) For a second or subsequent offense under this section, a fine of at least two thousand dollars ($2,000) or community service. (3) If a defendant does not have the ability to pay the minimum fines specified in paragraphs (1) and (2), community service shall be ordered in lieu of the fine.”)
If you are being accused of a California Health and Safety Code violation of 11350, Mr. Mortland can help you defend your case in Fresno or any county in the bay area. Contact Mr. Mortland at (510)463-1643 any time day or night 24/7 for an honest, low cost Fresno drug possession defense lawyer. Mr. Mortland makes himself available for his clients any time.
California Health and Safety Code Section 11351: Possession of a Controlled Substance with Intent To sell
Mr. Mortland is an experienced Fresno defense attorney and can help of you find yourself accused by the state for possession of a controlled substance with intent to sell. In Fresno, California, the crime of possession of controlled substances with intent has extremely harsh consequences that an experienced Fresno defense attorney understands. In addition, the prosecution often has a more difficult time than simple possession in proving their case given the intent element. For the prosecution to make a case against a defendant for violating California Health and Safety Code 11351, which makes it a felony crime to possess a controlled substance with intent to sell is laid out as follows:
Health and Safety Code 11351 HS: Possession or purchase for sale of designated controlled substances; punishment. (“Except as otherwise provided in this division, every person who possesses for sale or purchases for purposes of sale (1) any controlled substance specified in subdivision (b), (c), or (e) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, shall be punished by imprisonment in the state prison for two, three, or four years.”)
If you are being accused of a California Health and Safety Code violation of 11351, Mr. Mortland can help you defend your case in Fresno or any county in the bay area. Contact Mr. Mortland at (510)463-1643 any time day or night 24/7 for an honest, low cost Fresno drug possession defense lawyer. Mr. Mortland makes himself available for his clients any time.
California Health and Safety Code Section 11352: Sales or Transportation of a Controlled Substance
Mr. Mortland is an honest low rate Fresno criminal defense attorney and can help if you find yourself accused by the District Attorney (or the police) for transportation of a controlled substance. In Fresno, California, the crime of transportation of a controlled substance is treated worse, in most instances, than if a defendant is found with the substance while on the street. These laws do not make much sense and this is something that an experienced Fresno defense attorney understands. For the prosecution to make a case against a defendant for violating California Health and Safety Code 11352, which makes it a felony crime to transport controlled substance is laid out as follows:
Health and Safety Code 11352 HS: Transportation, sale, giving away, etc., of designated controlled substances; punishment. (“(a) Except as otherwise provided in this division, every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport (1) any controlled substance specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in the state prison for three, four, or five years. (b) Notwithstanding the penalty provisions of subdivision (a), any person who transports for sale any controlled substances specified in subdivision (a) within this state from one county to another noncontiguous county shall be punished by imprisonment in the state prison for three, six, or nine years.”)
If you are being accused of a California Health and Safety Code violation of 11352, Mr. Mortland can help you defend your case in Fresno or any county in the bay area. Contact Mr. Mortland at (510)463-1643 any time day or night 24/7 for an honest, low cost Fresno drug possession defense lawyer. Mr. Mortland makes himself available for his clients any time.
California Health and Safety Code Section 11357: Possession of Marijuana
Health and Safety Code 11357 HS California’s law against possession of marijuana for personal use: (“(a) Except as authorized by law, every person who possesses any concentrated cannabis shall be punished by imprisonment in the county jail for a period of not more than one year or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment, or shall be punished by imprisonment in the state prison. (b) Except as authorized by law, every person who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, is guilty of an infraction punishable by a fine of not more than one hundred dollars ($100). (c) Except as authorized by law, every person who possesses more than 28.5 grams of marijuana, other than concentrated cannabis, shall be punished by imprisonment in the county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment. (d) Except as authorized by law, every person 18 years of age or over who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 through 12 during hours the school is open for classes or school-related programs is guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars ($500), or by imprisonment in the county jail for a period of not more than 10 days, or both. (e) Except as authorized by law, every person under the age of 18 who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 through 12 during hours the school is open for classes or school-related programs is guilty of a misdemeanor and shall be subject to the following dispositions: (1) A fine of not more than two hundred fifty dollars ($250), upon a finding that a first offense has been committed. (2) A fine of not more than five hundred dollars ($500), or commitment to a juvenile hall, ranch, camp, forestry camp, or secure juvenile home for a period of not more than 10 days, or both, upon a finding that a second or subsequent offense has been committed.”)
If you are being accused of a California Health and Safety Code violation of 11357, Mr. Mortland can help you defend your case in Fresno or any county in the bay area. Contact Mr. Mortland at (510)463-1643 any time day or night 24/7 for an honest, low cost Fresno drug possession defense lawyer. Mr. Mortland makes himself available for his clients any time.
California Health and Safety Code Section 11358: Cultivating Marijuana
Mr. Mortland is a Fresno lawyer who also works in the bay area and is familiar with the laws surrounding cultivation of marijuana. In fact, in California, the punishments for a violation of Health and Safety Code section 11358 can vary from probation time up to three years in custody. A defense attorney can help avoid the harsh consequences of California criminal law. I have attached the code section itself which is fairly short and leaves room for interpretation.
Every person who plants, cultivates, harvests, dries, or processes any marijuana or any part thereof, except as otherwise provided by law, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.
Call Mr. Mortland today for a free phone consultation for drug charges any time of the day or night. Mr. Mortland believes that his clients should have a direct line to his cell phone any time day or night to ensure that you understand your legal rights and all of your questions will be answered as soon as you have them.
California Health and Safety Code Section 11359: Possession of Marijuana (Sell)
Possession of marijuana is a crime charged in Fresno and all of California. The charge is possession but this penal code section requires an intent to sell and the punishment is more severe than a 11357 which is a lesser included of 11359. This charge is also tougher for the state (Fresno District Attorney) to prove because they have to show intent to sell. However, there can sometimes be many pieces of circumstantial evidence which will show intent to sell such as: Amount of cash on you, number of bills, denomination of the bills, how the marijuana is packaged, if there is no way to smoke the items, if the defendant is found with any lists of debts, and several other factors. A good Fresno criminal defense lawyer will understand how to mitigate the facts against you and ensure that the District Attorney will look at you as a person and not another number.
California Health and Safety Code Section 11360: Selling Marijuana
In Fresno California, the courts charge selling marijuana as a felony criminal offense. However, a good Fresno criminal defense lawyer is able to negotiate and build your defense. In many cases, Mr. Mortland has been able to negotiate to get District Attorneys to lower the charges from felony 11360 to a simple misdemeanor possession charge. The exact language of Health and Safety Code 11360 is as follows:
(a) Except as otherwise provided by this section or as
authorized by law, every person who transports, imports into this
state, sells, furnishes, administers, or gives away, or offers to
transport, import into this state, sell, furnish, administer, or give
away, or attempts to import into this state or transport any
marijuana shall be punished by imprisonment pursuant to subdivision
(h) of Section 1170 of the Penal Code for a period of two, three or
four years.
(b) Except as authorized by law, every person who gives away,
offers to give away, transports, offers to transport, or attempts to
transport not more than 28.5 grams of marijuana, other than
concentrated cannabis, is guilty of a misdemeanor and shall be
punished by a fine of not more than one hundred dollars ($100). In
any case in which a person is arrested for a violation of this
subdivision and does not demand to be taken before a magistrate, such
person shall be released by the arresting officer upon presentation
of satisfactory evidence of identity and giving his written promise
to appear in court, as provided in Section 853.6 of the Penal Code,
and shall not be subjected to booking.
If you have been charged or are under investigation for a crime of selling marijuana, Mr. Mortland can help you. Mr. Mortland can provide a free confidential phone consultation any time. Mr. Mortland also offers competitive rates and offers his clients a direct line to Mr. Mortland’s personal cell phone so that you can reach him at any time. Call Mr. Mortland today to get your defense started (510) 463-1643.
California Health and Safety Code Section 11362.5: Medical Marijuana, the Compassionate Use Act.
The California voters passed Proposition 215 by a Fifty-six percent vote (which includes Fresno). This happened on November 5, 1996 and the law took effect the next day. The Compassionate Use Act simply removed any state criminal penalties for use, cultivation, and possession of marijuana by patients who are able to get a “written or oral recommendation” from their doctor that he or she “would benefit from medical marijuana.” Conditions typically covered by the California Medical Marijuana law include but are not limited to: arthritis; cancer; chronic pain; HIV/AIDS; epilepsy; migraine; and multiple sclerosis. There were no set limits regarding the amount of marijuana patients may possess and/or cultivate were provided by this act> However the Senate passed Senate Bill 420 which is explained below. The medical marijuana laws can be tricky to navigate and a good Fresno medical marijuana lawyer will help you navigate the legal hurdles or defend a criminal charge. The exact text of the law is outlined below:
(a) This section shall be known and may be cited as the
Compassionate Use Act of 1996.
(b) (1) The people of the State of California hereby find and
declare that the purposes of the Compassionate Use Act of 1996 are as
follows:
(A) To ensure that seriously ill Californians have the right to
obtain and use marijuana for medical purposes where that medical use
is deemed appropriate and has been recommended by a physician who has
determined that the person’s health would benefit from the use of
marijuana in the treatment of cancer, anorexia, AIDS, chronic pain,
spasticity, glaucoma, arthritis, migraine, or any other illness for
which marijuana provides relief.
(B) To ensure that patients and their primary caregivers who
obtain and use marijuana for medical purposes upon the recommendation
of a physician are not subject to criminal prosecution or sanction.
(C) To encourage the federal and state governments to implement a
plan to provide for the safe and affordable distribution of marijuana
to all patients in medical need of marijuana.
(2) Nothing in this section shall be construed to supersede
legislation prohibiting persons from engaging in conduct that
endangers others, nor to condone the diversion of marijuana for
nonmedical purposes.
(c) Notwithstanding any other provision of law, no physician in
this state shall be punished, or denied any right or privilege, for
having recommended marijuana to a patient for medical purposes.
(d) Section 11357, relating to the possession of marijuana, and
Section 11358, relating to the cultivation of marijuana, shall not
apply to a patient, or to a patient’s primary caregiver, who
possesses or cultivates marijuana for the personal medical purposes
of the patient upon the written or oral recommendation or approval of
a physician.
(e) For the purposes of this section, “primary caregiver” means
the individual designated by the person exempted under this section
who has consistently assumed responsibility for the housing, health,
or safety of that person.
Mr. Mortland is a defense lawyer that takes cases that are medical marijuana defense. Mr. Mortland is a compassionate lawyer and will keep you informed of all of your rights and options at every stage of your case. Call Mr. Mortland today for a free phone consultation. Mr. Mortland is a low cost marijuana lawyer. (510)463-1643
California Health and Safety Code Section 11364: Possession of Drug Paraphernalia.
Just as possession of the drug itself is a criminal offense, possession of paraphernalia is also a crime as well. This means that if you have marijuana and a pipe in Fresno, you could be facing two separate charges. In California, the charge of 11364 can be tough for a prosecutor to prove if the item is not typically a pipe or if the item does not have any residue. A Fresno drug defense lawyer is able to explain all of the rights and help you build a defense to your case. Do not speak to the police until you have an attorney by your side. The exact code section is pasted below:
(a) It is unlawful to possess an opium pipe or any device,
contrivance, instrument, or paraphernalia used for unlawfully
injecting or smoking (1) a controlled substance specified in
subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of
Section 11054, specified in paragraph (14), (15), or (20) of
subdivision (d) of Section 11054, specified in subdivision (b) or (c)
of Section 11055, or specified in paragraph (2) of subdivision (d)
of Section 11055, or (2) a controlled substance which is a narcotic
drug classified in Schedule III, IV, or V.
(b) This section shall not apply to hypodermic needles or syringes
that have been containerized for safe disposal in a container that
meets state and federal standards for disposal of sharps waste.
(c) Pursuant to authorization by a county, with respect to all of
the territory within the county, or a city, with respect to the
territory within in the city, for the period commencing January 1,
2005, and ending December 31, 2018, subdivision (a) shall not apply
to the possession solely for personal use of 10 or fewer hypodermic
needles or syringes if acquired from an authorized source.
(d) This section shall be inoperative until January 1, 2015.
Thus, the crime of possession of the smoking device alone can be one single charge and you can have an additional charge for the drugs as well. Sounds like you are being double charged but they are in fact two separate criminal charges and they both carry with them punishments that can be severe. Contact Fresno defense lawyer Bob Mortland for a free phone consultation regarding your marijuana or paraphernalia case for a competitive rate. (510)463-1643
California Health and Safety Code Section 11379.6: Manufacturing Drugs
In California, it is a crime to manufacture drugs. This code section refers to specifically Ketamine. The exact section states:
(“Except as otherwise provided in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, every person who possesses for sale or sells any controlled substance specified in subdivision (g) of Section 11056 [a California ketamine-related offense] shall be punished by imprisonment in the county jail for a period of not more than one year or in the state prison.”)
Fresno and California treat this crime very seriously and a criminal defense lawyer can help you avoid any more punishment than you have to. Mr. Mortland is a low cost drug defense lawyer and is available for a free initial consultation any time. Give a call (510)463-1643.
California Health and Safety Code Section 11550: Under the Influence of Drugs
Mr. Mortland is a Fresno Criminal and drug attorney and can help if you are being charged with being under the influence of drugs. The punishment for being under the influence can range from doing NA meetings, Prop 36, PC 1000, or even prison. It is important to speak with a defense lawyer as soon as you can. The code section for being under the influence of drugs is:
(a) No person shall use, or be under the influence of any
controlled substance which is (1) specified in subdivision (b), (c),
or (e), or paragraph (1) of subdivision (f) of Section 11054,
specified in paragraph (14), (15), (21), (22), or (23) of subdivision
(d) of Section 11054, specified in subdivision (b) or (c) of Section
11055, or specified in paragraph (1) or (2) of subdivision (d) or in
paragraph (3) of subdivision (e) of Section 11055, or (2) a narcotic
drug classified in Schedule III, IV, or V, except when administered
by or under the direction of a person licensed by the state to
dispense, prescribe, or administer controlled substances. It shall be
the burden of the defense to show that it comes within the
exception. Any person convicted of violating this subdivision is
guilty of a misdemeanor and shall be sentenced to serve a term of not
less than 90 days or more than one year in a county jail. The court
may place a person convicted under this subdivision on probation for
a period not to exceed five years and, except as provided in
subdivision (c), shall in all cases in which probation is granted
require, as a condition thereof, that the person be confined in a
county jail for at least 90 days. Other than as provided by
subdivision (c), in no event shall the court have the power to
absolve a person who violates this subdivision from the obligation of
spending at least 90 days in confinement in a county jail.
(b) Any person who (1) is convicted of violating subdivision (a)
when the offense occurred within seven years of that person being
convicted of two or more separate violations of that subdivision, and
(2) refuses to complete a licensed drug rehabilitation program
offered by the court pursuant to subdivision (c), shall be punished
by imprisonment in a county jail for not less than 180 days nor more
than one year. In no event does the court have the power to absolve a
person convicted of a violation of subdivision (a) that is
punishable under this subdivision from the obligation of spending at
least 180 days in confinement in a county jail unless there are no
licensed drug rehabilitation programs reasonably available.
For the purpose of this section, a drug rehabilitation program
shall not be considered reasonably available unless the person is
required to pay no more than the court determines that he or she is
reasonably able to pay, in order to participate in the program.
(c) The court may, when it would be in the interest of justice,
permit any person convicted of a violation of subdivision (a)
punishable under subdivision (a) or (b) to complete a licensed drug
rehabilitation program in lieu of part or all of the imprisonment in
the county jail. As a condition of sentencing, the court may require
the offender to pay all or a portion of the drug rehabilitation
program.
In order to alleviate jail overcrowding and to provide recidivist
offenders with a reasonable opportunity to seek rehabilitation
pursuant to this subdivision, counties are encouraged to include
provisions to augment licensed drug rehabilitation programs in their
substance abuse proposals and applications submitted to the state for
federal and state drug abuse funds.
(d) In addition to any fine assessed under this section, the judge
may assess a fine not to exceed seventy dollars ($70) against any
person who violates this section, with the proceeds of this fine to
be used in accordance with Section 1463.23 of the Penal Code. The
court shall, however, take into consideration the defendant’s ability
to pay, and no defendant shall be denied probation because of his or
her inability to pay the fine permitted under this subdivision.
(e) Notwithstanding subdivisions (a) and (b) or any other
provision of law, any person who is unlawfully under the influence of
cocaine, cocaine base, heroin, methamphetamine, or phencyclidine
while in the immediate personal possession of a loaded, operable
firearm is guilty of a public offense punishable by imprisonment in a
county jail for not exceeding one year or in state prison.
As used in this subdivision “immediate personal possession”
includes, but is not limited to, the interior passenger compartment
of a motor vehicle.
(f) Every person who violates subdivision (e) is punishable upon
the second and each subsequent conviction by imprisonment in the
state prison for two, three, or four years.
(g) Nothing in this section prevents deferred entry of judgment or
a defendant’s participation in a preguilty plea drug court program
under Chapter 2.5 (commencing with Section 1000) of Title 6 of Part 2
of the Penal Code unless the person is charged with violating
subdivision (b) or (c) of Section 243 of the Penal Code. A person
charged with violating this section by being under the influence of
any controlled substance which is specified in paragraph (21), (22),
or (23) of subdivision (d) of Section 11054 or in paragraph (3) of
subdivision (e) of Section 11055 and with violating either
subdivision (b) or (c) of Section 243 of the Penal Code or with a
violation of subdivision (e) shall be ineligible for deferred entry
of judgment or a preguilty plea drug court program.
As you can see from the text above, being under the influence of drugs can have harsh consequences. Further, the law is complicated and an experienced attorney can help you navigate around any pitfalls. Contact a Fresno under the influence of drugs lawyer to answer any of your questions and get your defense started. (510)463-1643.
California Penal Code
California Penal Code Section 32: Accessory After the Fact (PC 32)
Accessory is a crime in Fresno and California. The crime is listed as penal code section 32:
Every person who, after a felony has been committed, harbors,
conceals or aids a principal in such felony, with the intent that
said principal may avoid or escape from arrest, trial, conviction or
punishment, having knowledge that said principal has committed such
felony or has been charged with such felony or convicted thereof, is
an accessory to such felony.
If you have been charged with a fresno Accessory crime, you may want to speak with a Fresno Accessory and criminal defense lawyer to start building your case. Mr. Mortland can help you cushion the punishment and avoid the harsh consequences that could occur. (510)463-1643
California Penal Code Section 67 to 68: Bribery of Public Employees (PC 67-68)
Bribery is illegal in California including Fresno. Bribery is defined in the following Penal Code sections:
PC 67: Every person who, after a felony has been committed, harbors,
conceals or aids a principal in such felony, with the intent that
said principal may avoid or escape from arrest, trial, conviction or
punishment, having knowledge that said principal has committed such
felony or has been charged with such felony or convicted thereof, is
an accessory to such felony.
PC 67.5: (a) Every person who gives or offers as a bribe to any
ministerial officer, employee, or appointee of the State of
California, county or city therein, or political subdivision thereof,
any thing the theft of which would be petty theft is guilty of a
misdemeanor.
(b) If the theft of the thing given or offered would be grand
theft the offense is a felony punishable by imprisonment pursuant to
subdivision (h) of Section 1170.
PC 68: (a) Every executive or ministerial officer, employee, or
appointee of the State of California, a county or city therein, or a
political subdivision thereof, who asks, receives, or agrees to
receive, any bribe, upon any agreement or understanding that his or
her vote, opinion, or action upon any matter then pending, or that
may be brought before him or her in his or her official capacity,
shall be influenced thereby, is punishable by imprisonment in the
state prison for two, three, or four years and, in cases in which no
bribe has been actually received, by a restitution fine of not less
than two thousand dollars ($2,000) or not more than ten thousand
dollars ($10,000) or, in cases in which a bribe was actually
received, by a restitution fine of at least the actual amount of the
bribe received or two thousand dollars ($2,000), whichever is
greater, or any larger amount of not more than double the amount of
any bribe received or ten thousand dollars ($10,000), whichever is
greater, and, in addition thereto, forfeits his or her office,
employment, or appointment, and is forever disqualified from holding
any office, employment, or appointment, in this state.
(b) In imposing a restitution fine pursuant to this section, the
court shall consider the defendant’s ability to pay the fine.
If you have been charged with a Fresno bribery criminal offense, contact a Fresno bribery defense lawyer. (510)463-1643.
California Penal Code Section 69: Resisting an Executive Officer (PC 69)
In California, including Fresno, it is illegal to resist an executive officer as defined in Penal Code section 69 below:
Every person who attempts, by means of any threat or violence,
to deter or prevent an executive officer from performing any duty
imposed upon such officer by law, or who knowingly resists, by the
use of force or violence, such officer, in the performance of his
duty, is punishable by a fine not exceeding ten thousand dollars
($10,000), or by imprisonment pursuant to subdivision (h) of Section
1170, or in a county jail not exceeding one year, or by both such
fine and imprisonment.
If you are charged with resisting an executive officer, an attorney can help avoid the harsh consequences that the law imposes. Contact a resisting lawyer for a free no hassle initial consultation to discuss your rights and potential defense to your case. (510)463-1643
California Penal Code Section 85 to 86: Bribery of Elected Legislators (PC 85-86)
In California, it is illegal to bribe an elected official. This law is laid out for Fresno, and all of California in Penal Code sections 85 to section 86:
PC 85: Every person who gives or offers to give a bribe to any Member
of the Legislature, any member of the legislative body of a city,
county, city and county, school district, or other special district,
or to another person for the member, or attempts by menace, deceit,
suppression of truth, or any corrupt means, to influence a member in
giving or withholding his or her vote, or in not attending the house
or any committee of which he or she is a member, is punishable by
imprisonment in the state prison for two, three or four years.
PC 86: Every Member of either house of the Legislature, or any member
of the legislative body of a city, county, city and county, school
district, or other special district, who asks, receives, or agrees to
receive, any bribe, upon any understanding that his or her official
vote, opinion, judgment, or action shall be influenced thereby, or
shall give, in any particular manner, or upon any particular side of
any question or matter upon which he or she may be required to act in
his or her official capacity, or gives, or offers or promises to
give, any official vote in consideration that another Member of the
Legislature, or another member of the legislative body of a city,
county, city and county, school district, or other special district
shall give this vote either upon the same or another question, is
punishable by imprisonment in the state prison for two, three, or
four years and, in cases in which no bribe has been actually
received, by a restitution fine of not less than two thousand dollars
($2,000) or not more than ten thousand dollars ($10,000) or, in
cases in which a bribe was actually received, by a restitution fine
of at least the actual amount of the bribe received or two thousand
dollars ($2,000), whichever is greater, or any larger amount of not
more than double the amount of any bribe received or ten thousand
dollars ($10,000), whichever is greater.
In imposing a fine under this section, the court shall consider
the defendant’s ability to pay the fine.
If you are charged with any form of bribery as a crime, an attorney can help avoid the harsh consequences that the law imposes. Contact a Fresno bribery lawyer for a free no hassle initial consultation to discuss your rights and potential defense to your case. Mr. Mortland is available to his clients every hour of the day including weekends. (510)463-1643
California Penal Code Section 92 to 93: Bribery of Judges or Jurors (PC 92-93)
In California, the law has been established which punishes those who bribe a judge or jury in a case. This is also the law for Fresno bribery of a jury or judge cases. The penal code sections that apply are below:
PC 92: Every person who gives or offers to give a bribe to any
judicial officer, juror, referee, arbitrator, or umpire, or to any
person who may be authorized by law to hear or determine any question
or controversy, with intent to influence his vote, opinion, or
decision upon any matter or question which is or may be brought
before him for decision, is punishable by imprisonment in the state
prison for two, three or four years.
PC 93: (a) Every judicial officer, juror, referee, arbitrator, or
umpire, and every person authorized by law to hear or determine any
question or controversy, who asks, receives, or agrees to receive,
any bribe, upon any agreement or understanding that his or her vote,
opinion, or decision upon any matters or question which is or may be
brought before him or her for decision, shall be influenced thereby,
is punishable by imprisonment in the state prison for two, three, or
four years and, in cases where no bribe has been actually received,
by a restitution fine of not less than two thousand dollars ($2,000)
or not more than ten thousand dollars ($10,000) or, in cases where a
bribe was actually received, by a restitution fine of at least the
actual amount of the bribe received or two thousand dollars ($2,000),
whichever is greater, or any larger amount of not more than double
the amount of any bribe received or ten thousand dollars ($10,000),
whichever is greater.
(b) In imposing a restitution fine under this section, the court
shall consider the defendant’s ability to pay the fine.
If you are charged with any form of bribery as a crime, an attorney can help avoid the harsh consequences that the law imposes. Contact a Fresno bribery lawyer for a free no hassle initial consultation to discuss your rights and potential defense to your case. Mr. Mortland understands the laws and will help you with your defense (510)463-1643
California Penal Code Section 118: Perjury (PC 118)
In California, statements can be made under oath. If you are untruthful while you are under oath, you could be charged with perjury. Perjury is a crime in California as laid out in Penal Code section 118:
(a) Every person who, having taken an oath that he or she will
testify, declare, depose, or certify truly before any competent
tribunal, officer, or person, in any of the cases in which the oath
may by law of the State of California be administered, willfully and
contrary to the oath, states as true any material matter which he or
she knows to be false, and every person who testifies, declares,
deposes, or certifies under penalty of perjury in any of the cases in
which the testimony, declarations, depositions, or certification is
permitted by law of the State of California under penalty of perjury
and willfully states as true any material matter which he or she
knows to be false, is guilty of perjury.
This subdivision is applicable whether the statement, or the
testimony, declaration, deposition, or certification is made or
subscribed within or without the State of California.
(b) No person shall be convicted of perjury where proof of falsity
rests solely upon contradiction by testimony of a single person
other than the defendant. Proof of falsity may be established by
direct or indirect evidence.
If you find yourself being charged with perjury, you may want to contact a Fresno perjury defense lawyer. Mr. Mortland is a Fresno criminal defense lawyer and knows how to negotiate. Contact Mr. Mortland today for a free consultation (510)463-1643.
California Penal Code Section 136.1: Dissuading a Witness or Victim (PC 136.1)
In California, it is a crime to dissuade a victim or a witness from testifying. This can come up often in domestic violence or assault types of cases. The law for a Fresno Dissuading criminal charge is laid out in California Penal Code section 136.1:
(a) Except as provided in subdivision (c), any person who
does any of the following is guilty of a public offense and shall be
punished by imprisonment in a county jail for not more than one year
or in the state prison:
(1) Knowingly and maliciously prevents or dissuades any witness or
victim from attending or giving testimony at any trial, proceeding,
or inquiry authorized by law.
(2) Knowingly and maliciously attempts to prevent or dissuade any
witness or victim from attending or giving testimony at any trial,
proceeding, or inquiry authorized by law.
(3) For purposes of this section, evidence that the defendant was
a family member who interceded in an effort to protect the witness or
victim shall create a presumption that the act was without malice.
(b) Except as provided in subdivision (c), every person who
attempts to prevent or dissuade another person who has been the
victim of a crime or who is witness to a crime from doing any of the
following is guilty of a public offense and shall be punished by
imprisonment in a county jail for not more than one year or in the
state prison:
(1) Making any report of that victimization to any peace officer
or state or local law enforcement officer or probation or parole or
correctional officer or prosecuting agency or to any judge.
(2) Causing a complaint, indictment, information, probation or
parole violation to be sought and prosecuted, and assisting in the
prosecution thereof.
(3) Arresting or causing or seeking the arrest of any person in
connection with that victimization.
(c) Every person doing any of the acts described in subdivision
(a) or (b) knowingly and maliciously under any one or more of the
following circumstances, is guilty of a felony punishable by
imprisonment in the state prison for two, three, or four years under
any of the following circumstances:
(1) Where the act is accompanied by force or by an express or
implied threat of force or violence, upon a witness or victim or any
third person or the property of any victim, witness, or any third
person.
(2) Where the act is in furtherance of a conspiracy.
(3) Where the act is committed by any person who has been
convicted of any violation of this section, any predecessor law
hereto or any federal statute or statute of any other state which, if
the act prosecuted was committed in this state, would be a violation
of this section.
(4) Where the act is committed by any person for pecuniary gain or
for any other consideration acting upon the request of any other
person. All parties to such a transaction are guilty of a felony.
(d) Every person attempting the commission of any act described in
subdivisions (a), (b), and (c) is guilty of the offense attempted
without regard to success or failure of the attempt. The fact that no
person was injured physically, or in fact intimidated, shall be no
defense against any prosecution under this section.
(e) Nothing in this section precludes the imposition of an
enhancement for great bodily injury where the injury inflicted is
significant or substantial.
(f) The use of force during the commission of any offense
described in subdivision (c) shall be considered a circumstance in
aggravation of the crime in imposing a term of imprisonment under
subdivision (b) of Section 1170.
Contact a Fresno dissuading defense lawyer to discuss your rights and potential defenses to your particular case. Mr. Mortland is a Fresno area defense and dissuading a witness lawyer (510)463-1643.
California Penal Code Section 137 to 138: Bribery of Witnesses (PC 137-138)
In California, it is a crime to bribe a witness. This can come up often in domestic violence or assault types of cases where the defendant is attempting to get his case dismissed by having a witness not show up as part of a bribe. The law for a Fresno bribery criminal charge is laid out in California Penal Code section 137 to 138:
PC 137: (a) Every person who gives or offers, or promises to give, to
any witness, person about to be called as a witness, or person about
to give material information pertaining to a crime to a law
enforcement official, any bribe, upon any understanding or agreement
that the testimony of such witness or information given by such
person shall be thereby influenced is guilty of a felony.
(b) Every person who attempts by force or threat of force or by
the use of fraud to induce any person to give false testimony or
withhold true testimony or to give false material information
pertaining to a crime to, or withhold true material information
pertaining to a crime from, a law enforcement official is guilty of a
felony, punishable by imprisonment pursuant to subdivision (h) of
Section 1170 for two, three, or four years.
As used in this subdivision, “threat of force” means a credible
threat of unlawful injury to any person or damage to the property of
another which is communicated to a person for the purpose of inducing
him to give false testimony or withhold true testimony or to give
false material information pertaining to a crime to, or to withhold
true material information pertaining to a crime from, a law
enforcement official.
(c) Every person who knowingly induces another person to give
false testimony or withhold true testimony not privileged by law or
to give false material information pertaining to a crime to, or to
withhold true material information pertaining to a crime from, a law
enforcement official is guilty of a misdemeanor.
(d) At the arraignment, on a showing of cause to believe this
section may be violated, the court, on motion of a party, shall
admonish the person who there is cause to believe may violate this
section and shall announce the penalties and other provisions of this
section.
(e) As used in this section “law enforcement official” includes
any district attorney, deputy district attorney, city attorney,
deputy city attorney, the Attorney General or any deputy attorney
general, or any peace officer included in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2.
(f) The provisions of subdivision (c) shall not apply to an
attorney advising a client or to a person advising a member of his or
her family.
PC 138: (a) Every person who gives or offers or promises to give to
any witness or person about to be called as a witness, any bribe upon
any understanding or agreement that the person shall not attend upon
any trial or other judicial proceeding, or every person who attempts
by means of any offer of a bribe to dissuade any person from
attending upon any trial or other judicial proceeding, is guilty of a
felony.
(b) Every person who is a witness, or is about to be called as
such, who receives, or offers to receive, any bribe, upon any
understanding that his or her testimony shall be influenced thereby,
or that he or she will absent himself or herself from the trial or
proceeding upon which his or her testimony is required, is guilty of
a felony.
If you have been caught bribing a witness or attempting to bribe a witness, you may need an attorney to build your defense. Mr. Mortland is an honest and hardworking Fresno bribery defense lawyer and will start building your case to cushion the harsh consequences of such a charge. Mr. Mortland will keep you informed every step of the way and will fight for the best result possible in your bribery case. Contact Mr. Mortland, fresno criminal defense lawyer, today for a free no hassle initial consultation over the phone at (510)463-1643. Mr. Mortland is available at all hours.
California Penal Code Section 148: Resisting Arrest (PC 148)
In California, it is a crime to resist a peace officer when they are placing you under arrest. This can come up often in drunk in public, drug cases, or cases where the defendant is confused why they are being arrested. These charges are tough for the Fresno County District Attorney to prove in many cases because the definition for resisting, obstructing, or delaying a peace officer can be very tough to interpret. An experienced Fresno criminal defense lawyer will be able to argue the case and get you the result that you need. The law for a Fresno resisting arrest criminal charge is laid out in California Penal Code section 148:
(a) (1) Every person who willfully resists, delays, or
obstructs any public officer, peace officer, or an emergency medical
technician, as defined in Division 2.5 (commencing with Section 1797)
of the Health and Safety Code, in the discharge or attempt to
discharge any duty of his or her office or employment, when no other
punishment is prescribed, shall be punished by a fine not exceeding
one thousand dollars ($1,000), or by imprisonment in a county jail
not to exceed one year, or by both that fine and imprisonment.
(2) Except as provided by subdivision (d) of Section 653t, every
person who knowingly and maliciously interrupts, disrupts, impedes,
or otherwise interferes with the transmission of a communication over
a public safety radio frequency shall be punished by a fine not
exceeding one thousand dollars ($1,000), imprisonment in a county
jail not exceeding one year, or by both that fine and imprisonment.
(b) Every person who, during the commission of any offense
described in subdivision (a), removes or takes any weapon, other than
a firearm, from the person of, or immediate presence of, a public
officer or peace officer shall be punished by imprisonment in a
county jail not to exceed one year or pursuant to subdivision (h) of
Section 1170.
(c) Every person who, during the commission of any offense
described in subdivision (a), removes or takes a firearm from the
person of, or immediate presence of, a public officer or peace
officer shall be punished by imprisonment pursuant to subdivision (h)
of Section 1170.
(d) Except as provided in subdivision (c) and notwithstanding
subdivision (a) of Section 489, every person who removes or takes
without intent to permanently deprive, or who attempts to remove or
take a firearm from the person of, or immediate presence of, a public
officer or peace officer, while the officer is engaged in the
performance of his or her lawful duties, shall be punished by
imprisonment in a county jail not to exceed one year or pursuant to
subdivision (h) of Section 1170.
In order to prove a violation of this subdivision, the prosecution
shall establish that the defendant had the specific intent to remove
or take the firearm by demonstrating that any of the following
direct, but ineffectual, acts occurred:
(1) The officer’s holster strap was unfastened by the defendant.
(2) The firearm was partially removed from the officer’s holster
by the defendant.
(3) The firearm safety was released by the defendant.
(4) An independent witness corroborates that the defendant stated
that he or she intended to remove the firearm and the defendant
actually touched the firearm.
(5) An independent witness corroborates that the defendant
actually had his or her hand on the firearm and tried to take the
firearm away from the officer who was holding it.
(6) The defendant’s fingerprint was found on the firearm or
holster.
(7) Physical evidence authenticated by a scientifically verifiable
procedure established that the defendant touched the firearm.
(8) In the course of any struggle, the officer’s firearm fell and
the defendant attempted to pick it up.
(e) A person shall not be convicted of a violation of subdivision
(a) in addition to a conviction of a violation of subdivision (b),
(c), or (d) when the resistance, delay, or obstruction, and the
removal or taking of the weapon or firearm or attempt thereof, was
committed against the same public officer, peace officer, or
emergency medical technician. A person may be convicted of multiple
violations of this section if more than one public officer, peace
officer, or emergency medical technician are victims.
(f) This section shall not apply if the public officer, peace
officer, or emergency medical technician is disarmed while engaged in
a criminal act.
As you can see, the text of Penal Code section 148 is lengthy and can confuse many attorneys and officers alike. An experienced Fresno criminal lawyer is able to look for the smallest issues in your case and fight those issues to get you the best result possible or even a dismissal and a small number of cases. Mr. Mortland is an experienced defense lawyer and is able to handle your resisting arrest case in Fresno or any area of California. Call today for a quote or a free initial consultation (510)463-1643. Mr. Mortland is able to meet any time or place to start defending your misdemeanor or felony resisting arrest case.
California Penal Code Section 165: Bribery of County Supervisors (PC 165)
In California, it is a crime to resist a bribe a Fresno County Supervisor. This can come up often with lobbying or any case involving employees that work directly with their County Supervisor Board. These charges can be tough for the Fresno County District Attorney to prove in many cases because there is often only circumstantial evidence alluding to a bribe being made. An experienced Fresno criminal defense lawyer will be able to argue the case and get you the result that you deserve. The law for a Fresno bribery of County Supervisors criminal charge is laid out in California Penal Code section 165:
Every person who gives or offers a bribe to any member of any
common council, board of supervisors, or board of trustees of any
county, city and county, city, or public corporation, with intent to
corruptly influence such member in his action on any matter or
subject pending before, or which is afterward to be considered by,
the body of which he is a member, and every member of any of the
bodies mentioned in this section who receives, or offers or agrees to
receive any bribe upon any understanding that his official vote,
opinion, judgment, or action shall be influenced thereby, or shall be
given in any particular manner or upon any particular side of any
question or matter, upon which he may be required to act in his
official capacity, is punishable by imprisonment in the state prison
for two, three or four years, and upon conviction thereof shall, in
addition to said punishment, forfeit his office, and forever be
disfranchised and disqualified from holding any public office or
trust.
The law for Bribery of the Fresno County board of Supervisors can be charged as a felony and can have a maximum of 4 years of state prison per charge. As such, the crime of bribery is very serious and a defense attorney can help you avoid the maximum punishment for this crime. If is important that you speak with a defense attorney to get your case started. Do not let the Fresno DA have more time to prepare than you, contact Mr. Mortland today for a free initial consultation at (510)463-1643 for any criminal case in California.
California Penal Code Section 166: Contempt (PC 166)
In California, pursuant to the penal code, it is a crime to be in contempt of the court. This crime can be established in many ways. However, the most common contempt cases that Mr. Mortland has seen is where one acts out in court or disobeys a court order. The judge then holds the person in contempt and contempt proceedings begin. These charges are not very common but they can have harsh consequences. An experienced Fresno criminal defense lawyer will be able to argue the case and get you the result that you deserve. The law for a Fresno contempt of court criminal charge is laid out in California Penal Code section 166:
(a) Except as provided in subdivisions (b), (c), and (d), a
person guilty of any of the following contempts of court is guilty of
a misdemeanor:
(1) Disorderly, contemptuous, or insolent behavior committed
during the sitting of a court of justice, in the immediate view and
presence of the court, and directly tending to interrupt its
proceedings or to impair the respect due to its authority.
(2) Behavior specified in paragraph (1) that is committed in the
presence of a referee, while actually engaged in a trial or hearing,
pursuant to the order of a court, or in the presence of any jury
while actually sitting for the trial of a cause, or upon an inquest
or other proceeding authorized by law.
(3) A breach of the peace, noise, or other disturbance directly
tending to interrupt the proceedings of the court.
(4) Willful disobedience of the terms as written of any process or
court order or out-of-state court order, lawfully issued by a court,
including orders pending trial.
(5) Resistance willfully offered by any person to the lawful order
or process of a court.
(6) Willful disobedience by a juror of a court admonishment
related to the prohibition on any form of communication or research
about the case, including all forms of electronic or wireless
communication or research.
(7) The contumacious and unlawful refusal of a person to be sworn
as a witness or, when so sworn, the like refusal to answer a material
question.
(8) The publication of a false or grossly inaccurate report of the
proceedings of a court.
(9) Presenting to a court having power to pass sentence upon a
prisoner under conviction, or to a member of the court, an affidavit,
testimony, or representation of any kind, verbal or written, in
aggravation or mitigation of the punishment to be imposed upon the
prisoner, except as provided in this code.
(10) Willful disobedience of the terms of an injunction that
restrains the activities of a criminal street gang or any of its
members, lawfully issued by a court, including an order pending
trial.
(b) (1) A person who is guilty of contempt of court under
paragraph (4) of subdivision (a) by willfully contacting a victim by
telephone or mail, or directly, and who has been previously convicted
of a violation of Section 646.9 shall be punished by imprisonment in
a county jail for not more than one year, by a fine of five thousand
dollars ($5,000), or by both that fine and imprisonment.
(2) For the purposes of sentencing under this subdivision, each
contact shall constitute a separate violation of this subdivision.
(3) The present incarceration of a person who makes contact with a
victim in violation of paragraph (1) is not a defense to a violation
of this subdivision.
(c) (1) Notwithstanding paragraph (4) of subdivision (a), a
willful and knowing violation of a protective order or stay-away
court order issued pursuant to Section 136.2, in a pending criminal
proceeding involving domestic violence, as defined in Section 13700,
or issued as a condition of probation after a conviction in a
criminal proceeding involving domestic violence, as defined in
Section 13700, or elder or dependent adult abuse, as defined in
Section 368, or that is an order described in paragraph (3), shall
constitute contempt of court, a misdemeanor, punishable by
imprisonment in a county jail for not more than one year, by a fine
of not more than one thousand dollars ($1,000), or by both that
imprisonment and fine.
(2) If a violation of paragraph (1) results in a physical injury,
the person shall be imprisoned in a county jail for at least 48
hours, whether a fine or imprisonment is imposed, or the sentence is
suspended.
(3) Paragraphs (1) and (2) apply to the following court orders:
(A) An order issued pursuant to Section 6320 or 6389 of the Family
Code.
(B) An order excluding one party from the family dwelling or from
the dwelling of the other.
(C) An order enjoining a party from specified behavior that the
court determined was necessary to effectuate the orders described in
paragraph (1).
(4) A second or subsequent conviction for a violation of an order
described in paragraph (1) occurring within seven years of a prior
conviction for a violation of any of those orders and involving an
act of violence or “a credible threat” of violence, as provided in
subdivisions (c) and (d) of Section 139, is punishable by
imprisonment in a county jail not to exceed one year, or in the state
prison for 16 months or two or three years.
(5) The prosecuting agency of each county shall have the primary
responsibility for the enforcement of the orders described in
paragraph (1).
(d) (1) A person who owns, possesses, purchases, or receives a
firearm knowing he or she is prohibited from doing so by the
provisions of a protective order as defined in Section 136.2 of this
code, Section 6218 of the Family Code, or Section 527.6 or 527.8 of
the Code of Civil Procedure, shall be punished under subdivision (g)
of Section 12021.
(2) A person subject to a protective order described in paragraph
(1) shall not be prosecuted under this section for owning,
possessing, purchasing, or receiving a firearm to the extent that
firearm is granted an exemption pursuant to subdivision (h) of
Section 6389 of the Family Code.
(e) (1) If probation is granted upon conviction of a violation of
subdivision (c), the court shall impose probation consistent with
Section 1203.097.
(2) If probation is granted upon conviction of a violation of
subdivision (c), the conditions of probation may include, in lieu of
a fine, one or both of the following requirements:
(A) That the defendant make payments to a battered women’s
shelter, up to a maximum of one thousand dollars ($1,000).
(B) That the defendant provide restitution to reimburse the victim
for reasonable costs of counseling and other reasonable expenses
that the court finds are the direct result of the defendant’s
offense.
(3) For an order to pay a fine, make payments to a battered women’
s shelter, or pay restitution as a condition of probation under this
subdivision or subdivision (c), the court shall make a determination
of the defendant’s ability to pay. In no event shall an order to make
payments to a battered women’s shelter be made if it would impair
the ability of the defendant to pay direct restitution to the victim
or court-ordered child support.
(4) If the injury to a married person is caused in whole, or in
part, by the criminal acts of his or her spouse in violation of
subdivision (c), the community property shall not be used to
discharge the liability of the offending spouse for restitution to
the injured spouse required by Section 1203.04, as operative on or
before August 2, 1995, or Section 1202.4, or to a shelter for costs
with regard to the injured spouse and dependents required by this
subdivision, until all separate property of the offending spouse is
exhausted.
(5) A person violating an order described in subdivision (c) may
be punished for any substantive offenses described under Section
136.1 or 646.9. A finding of contempt shall not be a bar to
prosecution for a violation of Section 136.1 or 646.9. However, a
person held in contempt for a violation of subdivision (c) shall be
entitled to credit for any punishment imposed as a result of that
violation against any sentence imposed upon conviction of an offense
described in Section 136.1 or 646.9. A conviction or acquittal for a
substantive offense under Section 136.1 or 646.9 shall be a bar to a
subsequent punishment for contempt arising out of the same act.
As the long text above illustrates, contempt can arise in a number of situations and the layperson has a difficult time understanding all of the exact fact patters that can give rise to a Fresno contempt criminal charge. As such, an experienced defense lawyer can help you along the way. An experienced attorney can explain the law, explain the potential defenses, and is able to negotiate your case with the Fresno District Attorney. Contact Mr. Mortland today to fight your contempt charge- experienced counsel is a phone call away (510)463-1643.
California Penal Code Section 182: Conspiracy (PC 182)
In California, pursuant to the penal code, it is a crime to conspire to commit criminal acts. This crime can be established in many ways. However, the most common way for the Fresno County District Attorney to prove conspiracy is through circumstantial evidence. Mr. Mortland understands the complexity of circumstantial evidence and has a successful trial history involving circumstantial evidence. Contempt charges can be tough for the DA to prove and Mr. Mortland can use this to your advantage in negotiating a disposition. An experienced Fresno criminal defense lawyer will be able to argue the case and get you the result that you deserve. The law for a Fresno Criminal Conspiracy charge is laid out in California Penal Code section 182:
(a) If two or more persons conspire:
(1) To commit any crime.
(2) Falsely and maliciously to indict another for any crime, or to
procure another to be charged or arrested for any crime.
(3) Falsely to move or maintain any suit, action, or proceeding.
(4) To cheat and defraud any person of any property, by any means
which are in themselves criminal, or to obtain money or property by
false pretenses or by false promises with fraudulent intent not to
perform those promises.
(5) To commit any act injurious to the public health, to public
morals, or to pervert or obstruct justice, or the due administration
of the laws.
(6) To commit any crime against the person of the President or
Vice President of the United States, the Governor of any state or
territory, any United States justice or judge, or the secretary of
any of the executive departments of the United States.
They are punishable as follows:
When they conspire to commit any crime against the person of any
official specified in paragraph (6), they are guilty of a felony and
are punishable by imprisonment pursuant to subdivision (h) of Section
1170 for five, seven, or nine years.
When they conspire to commit any other felony, they shall be
punishable in the same manner and to the same extent as is provided
for the punishment of that felony. If the felony is one for which
different punishments are prescribed for different degrees, the jury
or court which finds the defendant guilty thereof shall determine the
degree of the felony the defendant conspired to commit. If the
degree is not so determined, the punishment for conspiracy to commit
the felony shall be that prescribed for the lesser degree, except in
the case of conspiracy to commit murder, in which case the punishment
shall be that prescribed for murder in the first degree.
If the felony is conspiracy to commit two or more felonies which
have different punishments and the commission of those felonies
constitute but one offense of conspiracy, the penalty shall be that
prescribed for the felony which has the greater maximum term.
When they conspire to do an act described in paragraph (4), they
shall be punishable by imprisonment in a county jail for not more
than one year, or by imprisonment pursuant to subdivision (h) of
Section 1170, or by a fine not exceeding ten thousand dollars
($10,000), or by both that imprisonment and fine.
When they conspire to do any of the other acts described in this
section, they shall be punishable by imprisonment in a county jail
for not more than one year, or pursuant to subdivision (h) of Section
1170, or by a fine not exceeding ten thousand dollars ($10,000), or
by both that imprisonment and fine. When they receive a felony
conviction for conspiring to commit identity theft, as defined in
Section 530.5, the court may impose a fine of up to twenty-five
thousand dollars ($25,000).
All cases of conspiracy may be prosecuted and tried in the
superior court of any county in which any overt act tending to effect
the conspiracy shall be done.
(b) Upon a trial for conspiracy, in a case where an overt act is
necessary to constitute the offense, the defendant cannot be
convicted unless one or more overt acts are expressly alleged in the
indictment or information, nor unless one of the acts alleged is
proved; but other overt acts not alleged may be given in evidence.
As stated in PC 182, conspiracy can arise in a number of situations. The penal code does a decent job in laying out all the situations where conspiracy can be found and an experienced Fresno Conspiracy attorney will know how to defend your case. An experienced defense lawyer can help you build your defense for a Fresno Conspiracy criminal charge to avoid as much prison or jail as possible. An experienced attorney can explain the law, explain the potential defenses, and is able to negotiate your case with the DA. Contact Mr. Mortland today to fight your charges at a low cost today- experienced counsel is a phone call away (510)463-1643.
California Penal Code Section 187: Murder (PC 187)
Murder is one of the most talked about and most litigated issue in California Criminal law today. Many scholars are attracted to the allure that a homicide case carries with it. The law also gives the harshest sentences to those charged with a violation of California Penal Code section 187. The text of California Penal Code Section 187 is below:
(a) Murder is the unlawful killing of a human being, or a
fetus, with malice aforethought.
(b) This section shall not apply to any person who commits an act
that results in the death of a fetus if any of the following apply:
(1) The act complied with the Therapeutic Abortion Act, Article 2
(commencing with Section 123400) of Chapter 2 of Part 2 of Division
106 of the Health and Safety Code.
(2) The act was committed by a holder of a physician’s and surgeon’
s certificate, as defined in the Business and Professions Code, in a
case where, to a medical certainty, the result of childbirth would be
death of the mother of the fetus or where her death from childbirth,
although not medically certain, would be substantially certain or
more likely than not.
(3) The act was solicited, aided, abetted, or consented to by the
mother of the fetus.
(c) Subdivision (b) shall not be construed to prohibit the
prosecution of any person under any other provision of law.
The text of PC 187 is very short and sounds simple. However, a homicide case is very intricate and requires an experienced defense lawyer.
California Penal Code Section 206: Torture (PC 206)
In California, it is a crime to commit torture on another. This crime is difficult to prove because it is such a specific crime by its definition. Mr. Mortland understands the complexity of the evidence code and has a successful record negotiating these types of charges down to lesser included offenses for torture. An experienced Fresno criminal defense lawyer will be able to argue the case and get you the result that you deserve. The law for a Fresno Criminal tourture charge is laid out in California Penal Code section 206:
Every person who, with the intent to cause cruel or extreme
pain and suffering for the purpose of revenge, extortion, persuasion,
or for any sadistic purpose, inflicts great bodily injury as defined
in Section 12022.7 upon the person of another, is guilty of torture.
The crime of torture does not require any proof that the victim
suffered pain.
The text of PC 206 is extremely short and specific. A Fresno torture defense lawyer can defend your case by researching the exact facts of your case and negotiating with the District Attorney. The fact that the code section is so specific can be to your advantage when negotiating with the DA. Contact Mr. Mortland today to start defending your Fresno criminal torture charge today at (510)463-1643.
California Penal Code Section 207: Kidnapping (PC 207)
In California, it is a crime to kidnap others, it’s true. This crime is difficult to prove because the elements must all be met. This includes actual moving of that person, not just locking them somewhere (which is another crime: False Imprisonment) An experienced Fresno criminal kidnap defense lawyer will be able to argue the case and get you the result that you deserve. The law for a Fresno kidnapping charge is laid out in California Penal Code section 207:
(a) Every person who forcibly, or by any other means of
instilling fear, steals or takes, or holds, detains, or arrests any
person in this state, and carries the person into another country,
state, or county, or into another part of the same county, is guilty
of kidnapping.
(b) Every person, who for the purpose of committing any act
defined in Section 288, hires, persuades, entices, decoys, or seduces
by false promises, misrepresentations, or the like, any child under
the age of 14 years to go out of this country, state, or county, or
into another part of the same county, is guilty of kidnapping.
(c) Every person who forcibly, or by any other means of instilling
fear, takes or holds, detains, or arrests any person, with a design
to take the person out of this state, without having established a
claim, according to the laws of the United States, or of this state,
or who hires, persuades, entices, decoys, or seduces by false
promises, misrepresentations, or the like, any person to go out of
this state, or to be taken or removed therefrom, for the purpose and
with the intent to sell that person into slavery or involuntary
servitude, or otherwise to employ that person for his or her own use,
or to the use of another, without the free will and consent of that
persuaded person, is guilty of kidnapping.
(d) Every person who, being out of this state, abducts or takes by
force or fraud any person contrary to the law of the place where
that act is committed, and brings, sends, or conveys that person
within the limits of this state, and is afterwards found within the
limits thereof, is guilty of kidnapping.
(e) For purposes of those types of kidnapping requiring force, the
amount of force required to kidnap an unresisting infant or child is
the amount of physical force required to take and carry the child
away a substantial distance for an illegal purpose or with an illegal
intent.
(f) Subdivisions (a) to (d), inclusive, do not apply to any of the
following:
(1) To any person who steals, takes, entices away, detains,
conceals, or harbors any child under the age of 14 years, if that act
is taken to protect the child from danger of imminent harm.
(2) To any person acting under Section 834 or 837.
If you are facing kidnap charges in Fresno, contact Mr. Mortland for a free, no obligation, initial phone consultation to discuss your case, potential defense, and Mr. Mortland will provide a low cost quote for services. Kidnapping charges are difficult for the DA to prove because there are so many elements and the elements themselves are specific. Mr. Mortland understands these issues and can use this to your advantage when negotiating your case with the DA to get you the best result possible. Avoid the harsh consequences of the law and contact Mr. Mortland today at (510)463-1643.
California Penal Code Section 209.5: Kidnapping During the Commission of a Carjacking (PC 209.5)
In California, just as it is a crime to kidnap others, it is also a crime to kidnap at the same time as you carjack and this is a specific law that California has in the Penal Code. This crime is difficult to prove because the elements of both crimes must all be met. An experienced Fresno criminal kidnap defense lawyer will be able to argue the case and get you the result that you deserve. The law for a Fresno kidnapping charge while carjacking is laid out in California Penal Code section 209.5:
(a) Any person who, during the commission of a carjacking
and in order to facilitate the commission of the carjacking, kidnaps
another person who is not a principal in the commission of the
carjacking shall be punished by imprisonment in the state prison for
life with the possibility of parole.
(b) This section shall only apply if the movement of the victim is
beyond that merely incidental to the commission of the carjacking,
the victim is moved a substantial distance from the vicinity of the
carjacking, and the movement of the victim increases the risk of harm
to the victim over and above that necessarily present in the crime
of carjacking itself.
(c) In all cases in which probation is granted, the court shall,
except in unusual cases where the interests of justice would best be
served by a lesser penalty, require as a condition of the probation
that the person be confined in the county jail for 12 months. If the
court grants probation without requiring the defendant to be confined
in the county jail for 12 months, it shall specify its reason or
reasons for imposing a lesser penalty.
Contact a Fresno kidnap attorney to discuss your options and possible defenses to this charge. Mr. Mortland offers low rates, is honest, compassionate, and will work to get you the best result possible. Mr. Mortland is an experienced defense lawyer and has a successful record in trial as well as negotiating cases with the District Attorney to benefit his clients. (510)463-1643 Now for a FREE phone consultation.
California Penal Code Section 210: Extortion by Posing as a Kidnapper (PC 210)
In California, just as it is a crime to kidnap others, it is also a crime to extort someone while pretending that you are kidnapping/ posing as a kidnapper. This crime is very specific in the act that is being banned and this can be difficult for the State (Fresno County) to prove because the exact definition is very narrow. An experienced Fresno criminal kidnap defense lawyer will be able to argue the case and get you the result that you deserve. The law for a Fresno Extortion by posing as a kidnapper is laid out in California Penal Code section 210:
i. California Penal Code Section 211 – Robbery (PC 211)
ii. California Penal Code Section 215 – Carjacking (PC 215)
iii. California Penal Code Section 236 – False Imprisonment (PC 236)
iv. California Penal Code Section 240 – Assault (PC 240)
v. California Penal Code Section 242 – Battery (PC 242)
vi. California Penal Code Section 243(b) and (c)(2) – Battery on a Peace Officer (PC 243(b) and PC 234(c)(2))
vii. California Penal Code Section 243(d) – Battery with Serious Bodily Injury (PC 243(d))
viii. California Penal Code Section 243(e)(1) – Domestic Violence Battery (PC 243(e)(1))
ix. California Penal Code Section 243.4 – Sexual Battery (PC 243.4)
x. California Penal Code Section 245(a)(1) – Assault with a Deadly Weapon (PC 245(a)(1))
xi. California Penal Code Section 245(a)(2) – Assault with a firearm (PC 245(a0(2))
xii. California Penal Code Section 246 – Shooting at inhabited Dwelling or Occupied Vehicle (PC 246)
xiii. California Penal Code Section 246.3 – Negligent Discharge of a Firearm (PC 246.3)
xiv. California Penal Code Section 261 – Rape (PC 261)
xv. California Penal Code Section 261.5 – Statutory Rape (PC 261.5)
xvi. California Penal Code Section 273(a) – Child Endangerment (PC 273(a))
xvii. California Penal Code Section 273.6 – Violating a Restraining or Protective Order (PC 273.6)
xviii. California Penal Code Section 278 – Child Abduction (PC 278)
xix. California Penal Code Section 278.5 – Depravation of Child Custody (PC 278.5)
xx. California Penal Code Section 286 – Sodomy (PC 286)
xxi. California Penal Code Section 288(a) – Lewd Acts With a Child Under 14 (PC 288(a))
xxii. California Penal Code Section 288.3 – Contacting a Minor to Commit a Felony (PC 288.3)
xxiii. California Penal Code Section 288.4 – Arranging a Meeting with a Minor for Lewd Purposes (PC 288.4)
xxiv. California Penal Code Section 290 – Failure to Register as a Sex Offender (PC 290)
xxv. California Penal Code Section 311 – Possession of Child Pornography (PC 311.11)
xxvi. California Penal Code Section 314 – Indecent Exposure (PC 314)
xxvii. California Penal Code Section 368 – Elder Abuse (PC 368)
xxviii. California Penal Code Section 415 – Disturbing the Peace (PC 415)
xxix. California Penal Code Section 417 – Brandishing a Firearm (PC 417)
xxx. California Penal Code Section 422 – Criminal Threats (PC 422)
xxxi. California Penal Code Section 451 – Arson (PC 451)
xxxii. California Penal Code Section 452 – Reckless Burning (PC 452)
xxxiii. California Penal Code Section 459 – Burglary (PC 459)
xxxiv. California Penal Code Section 466 – Possession of Burglary Tools (PC 466)
xxxv. California Penal Code Section 470a – Forging or Counterfeiting Drivers Licenses or ID Cards (PC 470a)
xxxvi. California Penal Code Section 470b – Possession of a Fake Drivers License or ID Card (PC 470b)
xxxvii. California Penal Code Section 476 – Check Fraud (PC 476)
xxxviii. California Penal Code Section 476a – Bad Checks (PC 476a)
xxxix. California Penal Code Section 487(d)(1) – Grand Theft Auto GTO (PC 487(d)(1))
xl. California Penal Code Section 484 – Petty Theft (PC 484)
xli. California Penal Code Section 487 – Grand Theft (PC 487)
xlii. California Penal Code Section 488 – Petty Theft (PC 488)
xliii. California Penal Code Section 496 – Receiving Stolen Property (PC 496)
xliv. California Penal Code Section 503- Embezzlement (PC 503)
xlv. California Penal Code Section 518 – Extortion (PC 518)
xlvi. California Penal Code Section 529 – False Personation (PC 529)
xlvii. California Penal Code Section 530.5 – Identity Theft (PC 530.5)
xlviii. California Penal Code Section 594 – Vandalism (PC 594)
xlix. California Penal Code Section 597 – Animal Abuse (PC 597)
l. California Penal Code Section 597.5 – Dogfighting (PC 597.5)
li. California Penal Code Section597.7 – Leaving a Pet Unattended in a Car (PC 597.7)
lii. California Penal Code Section 602 – Trespassing (PC 602)
liii. California Penal Code Section 626.9 – Gun Free School Zone Act California (PC 626.9)
liv. California Penal Code Section 646.9 – Stalking (PC 646.9)
lv. California Penal Code Section 647(a) – Engaging in Lewd Conduct/ Soliciting Lewd Conduct (PC 647(a))
lvi. California Penal Code Section 647(b) – Soliciting Prostitution/ Engaging in Prostitution (PC 647(b))
lvii. California Penal Code Section 647(f) – Public Intoxication/ Drunk in Public (PC 647(f))
lviii. California Penal Code Section 653.22 – Loitering with Intent to Commit Prostitution (PC 653.22)
lix. California Penal Code Section 653.23 – Supervising or Aiding a Prostitute (PC 653.23)
lx. California Penal Code Section 664 – Attempt (PC 664)
lxi. California Penal Code Section 1000 – Alternative Sentencing Drug Diversion (PC 1000)
lxii. California Penal Code Section 1203.4 – Expungement of Criminal Convictions (PC 1203.4)
lxiii. California Penal Code Section 12020 – Manufacture, Sale or Possession of Dangerous Weapons (PC 12020)
lxiv. California Penal Code Section 12021 – Felon with a Firearm (PC 12021)
lxv. California Penal Code Section 12022 – Personal Use of a Firearm (PC 12022)
lxvi. California Penal Code Section 12025 – Carrying a Concealed Weapon (PC 12025)
lxvii. California Penal Code Section 12031 – Carrying a Loaded Firearm in Public or a Vehicle (PC 12031)
lxviii. California Penal Code Section 12034 – Shooting from a Motor Vehicle (PC 12034)
lxix. California Penal Code Section 12050 – Obtaining a License to Carry a Concealed Weapon (PC 12050)
lxx. California Penal Code Section 12070 – Unlicensed Sale of Firearms (PC 12070)
b. California Vehicle Code
i. California Vehicle Code Section 20 – Providing False Statements to the DMV or CHP (CVC 20)
ii. California Vehicle Code Section 31 – Providing False Information to a Peace Officer (CVC 31)
iii. California Vehicle Code Section 2800.1 – Evading a Peace/ Police Officer (CVC 2800.1)
iv. California Vehicle Code Section 4461 – Illegal Use of a Disabled Parking Placard (CVC 4461)
v. California Vehicle Code Section 4463 – Forgery or Falsification of Car Registration Stickers (CVC 4463)
vi. California Vehicle Code Section 10851 – Unlawful Taking or Driving of a Vehicle (CVC 10851)
vii. California Vehicle Code Section 13004 – Unlawful Use of ID Cards (CVC 13004)
viii. California Vehicle Code Section 12500 – Unlicensed Driver (CVC 12500)
ix. California Vehicle Code Section 14601 – Driving on a suspended License (CVC 14601)
x. California Vehicle Code Section 20001 – Felony Hit and Run (CVC 20001)
xi. California Vehicle Code Section 20002 – Misdemeanor Hit and Run (CVC 20002)
xii. California Vehicle Code Section 21200.5: Cycling Under the Influence (CVC 21200.5)
xiii. California Vehicle Code Section 22348(b): Driving in excess of 100 (CVC 22348(b))
xiv. California Vehicle Code Section 22349(a): Maximum Speed Law (CVC 22349(a))
xv. California Vehicle Code Section 22350: Maximum Speed Based on Conditions (CVC 22350)
xvi. California Vehicle Code Section 22346(b): Maximum Speed Law (CVC 22346(b))
xvii. California Vehicle Code Section 22406: Truck Speeding (CVC 22406)
xviii. California Vehicle Code Section 21453: Red Light Violation (CVC 21453)
xix. California Vehicle Code Section 21710: Coasting
xx. California Vehicle Code Section 23103: Wet Reckless
xxi. California Vehicle Code Section 23136 – DUI Underage (CVC 23136)
xxii. California Vehicle Code Section 23140 – DUI Under 21 (CVC 23140)
xxiii. California Vehicle Code Section 23152(a) – Driving while under the influence of drugs or alcohol or both (DUI) (CVC 23152(a))
xxiv. California Vehicle Code Section 23152(b): Driving with a blood alcohol level (BAC) of 0.08% or greater (CVC 23152(b))
xxv. California Vehicle Code Section 23153 – DUI with injury (CVC 23153)
xxvi. California Vehicle Code Section 23222(b) – Possession of Marijuana While Driving (CVC 23222(b))
xxvii. California Vehicle Code Section 23572 – DUI And Minor Passenger Under age 14 (CVC 23572)
xxviii. California Vehicle Code Section 23582 – DUI and Speeding or Reckless Driving (CVC 23582)
xxix. California Vehicle Code Section 38300
II. California Crimes in Alphabetical Order
a. Abuse
i. Animal Abuse
ii. Elder Abuse
b. Accessory
i. Accessory After the Fact
ii. Accessory Before the Fact
iii. Aiding and Abetting
c. Arson
d. Assault
i. Assault with a deadly weapon
ii. Assault with a firearm
e. Attempt
i. Murder
ii. Battery
f. Auto Burglary and joy riding
g. Bounced Checks/ Bad Checks
h. Battery
i. Domestic Violence
ii. Battery on an Officer or Federal Agent
iii. Felony Battery/ Serious Bodily Injury/ Great Bodily Harm
i. Breaking or Entering (B&E)
j. Bribery and White Collar Crimes
i. Bribery of Judge or Jurors
ii. Bribery of a witness
iii. Bribery of a Ca Legislator or Elected Official
iv. Bribery of a Ca Supervisor or Public Corporations
v. Bribery of Executive Officers or Public Employees
vi. Commercial Bribery
k. Burglary
i. Possession of Burglar Tools
ii. Prowling
l. Carjacking
m. Child Abduction/ Kidnapping or stealing a Child
n. Crimes on a Child
i. Child endangerment
ii. Child Abuse
iii. Possession of Child Pornography
iv. Contacting a minor to commit a felony
v. Statutory rape
o. Conspiracy
p. Contempt
q. Contributing to a Minor
r. Criminal Threats
i. Domestic Violence
ii. TRO (Temporary Restraining Order)
iii. Domestic Violence Counseling
s. Cycling Under the Influence/ Cycling while Intoxicated/ Biking
t. Possession of Destructive Devices
u. Possession of a Dirk or Dagger
v. Misuse of a Disabled Placard Misdemeanor
w. Dissuading a witness or victim
i. Bribing a witness or victim
ii. Subpoena
x. Disturbing the peace
i. Loud Noise
ii. An Alternate Plea
y. Domestic Violence
i. Corporal Injury on a Spouse or Cohabitant (273.5)
ii. Battery on a Spouse or Cohabitant (243(e)(1))
iii. Child Endangerment (273(a))
iv. Corporal Injury on a child (273 d)
z. Driving While Intoxicated
aa. Driving Under the Influence
bb. Driving on a suspended license.
i. Unlicensed Driver (12500)
ii. License Suspended or Revoked (14601)
cc. Drug
i. Adderall
ii. Angel Dust
iii. Concentrated Cannabis
iv. Cocaine
v. Codeine
1. Possession
2. Intent to Sell
vi. Date Rape
vii. “Doctor Shopping”
viii. Ecstasy
ix. GHB
x. Hash
xi. Heroin
xii. Hydrocodone
xiii. Ketamine
xiv. Marijuana
xv. MDMA
xvi. Methamphetamine
xvii. Meth Labs
xviii. Paraphernalia
xix. PCP
xx. Possession
xxi. Possession for sales
xxii. Sales and transportation
xxiii. DUI Drugs
xxiv. Under the Influence of Drugs
xxv. Vicodin
xxvi. Manufacturing Drugs
dd. Drunk in Public (647(f))
ee. DUI
ff. DUI Drugs
gg. DWI
hh. Elder Crimes
i. Abuse
ii. Fraud
ii. Embezzlement
jj. Evading
i. Evading a peace officer
ii. Evading an officer causing injury or death
iii. Felony reckless evading
kk. Expungement
i. Expungeme Criminal Record
1. Infraction
2. Misdemeanor
3. Felony
ii. Benefits to Expunge Criminal Record
iii. Driving Under Influence Expungement (DUI/ DWI/ BWI/ BUI)
iv. Termination of Probation Early with an Expungement
v. What Expungements will not do
vi. Pardon
vii. Certificate of Rehabilitation
viii. 17B Motion to Reduce a Felony to a Misdemeanor
ix. Juvenile Record
x. Motion of Factual Innocence/ Seal and Destroy Arrest Records
ll. Extortion
i. Kidnapping and Extortion
mm. Failure to Register Pursuant to Penal Code Section 290 (Sex Offender)
nn. False Identification/ Fake ID
oo. False Imprisonment
i. Domestic Violence
ii. Holding People Hostage to Avoid Arrest
iii. Giving False Information to a Peace/ Police Officer
pp. Giving False Information to the DMV or CHP
qq. Felon in Possession with a Firearm
rr. Firearm Offenses (Gun Crimes)
i. 10 – 20 – LIFE
ii. Assault Weapons Laws
iii. Brandishing a Firearm
iv. Carrying a loaded firearm
v. Concealed Weapons laws
1. Laws Against Concealed Weapons
2. How to get a Concealed Weapons Permit (CCW)
vi. Gun Free School Zone Act in California
vii. Manufacture, Sale or Possession of Dangerous Weapons
viii. California Open Carry Laws
ix. As a Sentencing Enhancement
1. Personal Use of a Firearm
x. California Sale of Firearm without a License
ss. Fireworks Laws
tt. Forgery
uu. Fraud
i. Giving False Information to a Peace Officer
ii. Asset Forfeiture
iii. Auto Insurance Fraud
iv. Check Fraud/ Bounced Check
v. Credit Card Fraud
vi. Welfare Fraud
vii. Fraudulent Use of a Disabled Packard
viii. Fraudulent Vehicle Registration Stickers/ Tags
ix. Health Care Fraud
x. Identity Theft
xi. Internet Fraud/ Computer Crimes
xii. Mail Fraud
xiii. Prescription Fraud
xiv. Unemployment Insurance Fraud
xv. Workers Compensation Fraud
vv. Furnishing Alcohol to a Minor
ww. Hate Crimes
xx. Hit and Run
i. Misdemeanor Hit and Run – Property Damage
ii. Felony Hit and Run – Injury to Others
yy. Indecent Exposure
i. Public Urination
ii. Exposing
zz. Kidnapping
aaa. Leaving Animal Unattended in a Vehicle
bbb. Lewd Acts
i. With a Minor
1. Arranging to meet with a Minor for Lewd Purposes
ii. Lewd Conduct
1. Engaging in Lewd Conduct in Public
2. Soliciting Lewd Conduct – Soliciting Prostitution
ccc. Loitering
ddd. Loitering with Intent to Commit Prostitution
eee. California Marijuana Laws
i. Possession of Marijuana
1. Prop 215
2. SB 420 – Senate Bill 420
ii. Infraction
iii. Misdemeanor
iv. Felony
v. Possession for Sale
vi. Sale
vii. Cultivation
viii. Concentrated Cannabis or Hash
ix. California Medical Marijuana
x. California Marijuana DUI
xi. Possession of Marijuana while driving
fff. Minor In Possession of Alcohol (MIP)
ggg. Murder (California Penal Code Section 187)
i. Attempted Murder
ii. California DUI Murder Charge
iii. Involuntary Manslaughter
iv. Murder
v. Voluntary Manslaughter
hhh. California Open Container (Alcohol)
iii. Petty Theft
jjj. Petty Theft with a Prior Conviction
kkk. Pimping and Pandering
lll. Probation Violation
mmm. Prowling
nnn. Rape
i. Oral Copulation by Force
ii. Rape
iii. Sexual Battery
iv. Spousal Rape
v. Statutory Rape
ooo. Receipt of Stolen Property
ppp. Resisting an Executive Officer (Penal Code Section 69)
qqq. Resisting Arrest
rrr. Robbery
sss. Sexual Battery
ttt. Shoplifting
uuu. Sodomy
vvv. Solicitation for Prostitution
www. Stalking
xxx. Supervising or Aiding a Prostitute
yyy. Theft Crimes
i. Petty Theft
ii. Petty Theft with a Prior Conviction
iii. Grand Theft
iv. Grand Theft Auto
zzz. Three Strikes
aaaa. Torture
bbbb. Trespassing
cccc. Vandalism
dddd. Willful Violation of a Restraining Order/ TRO
eeee. Warrants
i. Bench Warrant
ii. Arrest Warrant
iii. Motions with Warrants
ffff. 1538 Motions
i. Harvey Madden
gggg. 995 Motions
hhhh. 1016.5 Motions
iiii. Expungement Motion
jjjj. Innocence Motion PC??
kkkk. In Limine Motions
llll. Pitchess Motions
mmmm. Miranda v. Arizona
nnnn. Serna Motion
oooo. Motion to Strike a Strike (Romero)
pppp. Statute of Limitations California Crimes
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