Statutory Rape | Penal Code 261.5 PC
In California, statutory rape is codified under Penal Code 261.5 making it unlawful to have sexual intercourse with a person who is not the spouse of the perpetrator and is under the age of eighteen (18).[1] The charge is categorized as “rape” because the law does not recognize a minor to have the capacity to […]
Federal Money Laundering Charges | 18 U.S.C. 1956
18 U.S.C. 1956 prohibits the act of money laundering in the federal system. The statute was intended to combat criminal activities, such as drug trafficking, that generate large amounts of cash income. Section 1956(a) defines the crime, which is, essentially, conducting transactions involving the proceeds of unlawful activities with specified culpable intent or knowledge. This […]
Attempted Extortion | PC 524
In California, attempted extortion is codified under Penal Code 524 making it a crime when someone attempts, by means of any threat, to extort money or property from another.[1] The crime is a wobbler, allowing the prosecutor to charge someone with either a felony or misdemeanor. An attempt to commit extortion under PC 524 is […]
Public Urination Citation in Costa Mesa | CMMC 11-4(a)
If you’ve been cited urinating in public or formally called “Performing Excretory Function in Public” in the City of Costa Mesa, then the police officer likely cited you under Costa Mesa Municipal Code 11-4(a).[1] Typically, this violation is a misdemeanor offense and a court appearance is mandatory at the West Justice Center. Consequently, someone cited […]
Possession of Methamphetamine for Sale | HS 11378
In California, possessing methamphetamine for the purposes of sale is charged under Health & Safety Code 11378 hs.[1] The government need not prove someone actually sold methamphetamine but only the defendant harbored the intentions of selling it. Proving the intent element can be accomplished circumstantially, usually with the use of a drug expert. Moreover, large […]
Common Myths & Quick Tips for California DUI Stops
Most people are utilizing the services of Uber or Lyft versus risking the chances of driving and being arrested for DUI. The safest and best option is to not drink and drive. However, some DUI arrests occur when someone has a few glasses of wine at dinner and believes they’re safe to drive after an […]
How to Terminate Probation Early
When someone is convicted of a misdemeanor or felony, the court typically places the defendant on a period of probation and imposes sentencing obligations. Granting probation allows the court to retain jurisdiction to enforce the sentencing terms. However, the court holds the power within its discretion to terminate probation under California Penal Code 1203.3. A […]
Newport Beach Probation Violation Attorney – Free Consultation
The court places someone on probation as a means of retaining jurisdiction and enforcing the sentencing obligations. Consequently, failure to perform your obligations may result in a probation violation. If the court finds you in violation, the court may punish you by placing you in jail or adding additional requirements – e.g., community service, community […]
