August 13, 2026
The Rising Blood Alcohol Defense in a DUI
Your BAC when tested is not your BAC when driving. How the rising blood alcohol defense works, and when it can beat a borderline DUI.
Read MoreCharges
DUI & Driving
22 articles
August 13, 2026
Breath Test Errors and DUI Defenses in California
Breathalyzers make mistakes. Mouth alcohol, calibration failures, radio interference, and the partition-ratio assumption — the breath-test errors that can undo a DUI.
Read MoreAugust 13, 2026
Blood Test Challenges in a California DUI
A DUI blood test is not airtight. Chain of custody, fermentation, contamination, and the right to independent retesting — how blood results get challenged.
Read MoreAugust 13, 2026
Drugged Driving: DUI of Drugs in California (VC 23152(f))
California's DUI law covers drugs too — including cannabis and prescriptions. Why there is no per-se limit for drugs, how DRE evaluations work, and why these cases are defensible.
Read MoreAugust 13, 2026
Can You Refuse a Breathalyzer in California?
It depends which test. The pre-arrest PAS is usually optional; the post-arrest chemical test is mandatory under implied consent (VC 23612), and refusing it costs your license for a year.
Read MoreAugust 13, 2026
Field Sobriety Tests in California: Can You Refuse?
Field sobriety tests are voluntary and unreliable. Why you can usually decline them, what makes them easy to fail sober, and how they get challenged in a DUI case.
Read MoreAugust 13, 2026
DUI Checkpoints in California: Your Rights
DUI checkpoints are legal in California — but only if they follow strict rules. What makes a checkpoint lawful, your rights when you reach one, and how an improper checkpoint gets challenged.
Read More
August 13, 2026
How to Get a DUI Expunged in California
A California DUI can be expunged under PC 1203.4 after you complete probation. What expungement does and does not do — including the 10-year prior and the DMV record — and how to qualify.
Read MoreAugust 13, 2026
What Is VC 23140? Underage DUI (0.05%), Explained
California's underage-DUI law — a driver under 21 with a BAC of 0.05% or more. An infraction, but it carries a one-year license suspension. How it differs from a standard DUI.
Read MoreAugust 13, 2026
What Is VC 14601.2? Driving on a DUI-Suspended License
Driving while your license is suspended for a DUI — a misdemeanor with a mandatory minimum of 10 days in jail on a first offense. Why the knowledge element and reinstatement matter.
Read MoreAugust 13, 2026
DUI Penalties: First, Second, and Third Offense (California)
How California DUI penalties escalate from a first to a second and third within 10 years, and when a DUI becomes a felony. License suspensions, programs, and what stays the same.
Read MoreAugust 13, 2026
The DMV Hearing After a DUI: The 10-Day Rule
After a California DUI arrest you have 10 days to request a DMV Administrative Per Se hearing — a case entirely separate from court that decides whether you keep your license. How it works and how to win.
Read MoreAugust 13, 2026
What Is a 'Wet Reckless' (VC 23103.5)?
A wet reckless (VC 23103.5) is a reduced plea from a DUI to reckless driving involving alcohol — with lighter penalties, shorter probation, and reduced license consequences. When it's available and why it matters.
Read MoreAugust 13, 2026
What Is VC 23222? Open Container While Driving, Explained
Driving with an open container of alcohol — or open cannabis — under VC 23222. Both are infractions (no jail, no criminal record), but they often ride alongside a DUI stop.
Read MoreAugust 13, 2026
What Is VC 23153? DUI Causing Injury, Explained
California's DUI-causing-injury law — driving under the influence and, through a traffic violation, injuring another person. A wobbler with far greater exposure than a standard DUI. Causation is often contestable.
Read MoreAugust 13, 2026
What Is VC 12500? Driving Without a License, Explained
Driving without a valid California license under VC 12500. A misdemeanor that is frequently reduced to an infraction, and different from driving on a suspended license.
Read MoreAugust 13, 2026
What Is VC 2800.1? Evading a Peace Officer, Explained
California's misdemeanor evading law — fleeing a pursuing officer. Up to a year in jail, and the prosecution must prove four specific conditions, any one of which can defeat the charge.
Read MoreAugust 13, 2026
What Is VC 23103? Reckless Driving, Explained
California's reckless driving law — driving in willful or wanton disregard for safety. A misdemeanor: 5 to 90 days jail or a $145 to $1,000 fine. Penalties, the wet reckless DUI reduction, and defenses.
Read MoreAugust 13, 2026
What Is VC 20002? Misdemeanor Hit and Run, Explained
California's misdemeanor hit-and-run law — leaving after your vehicle damages property without stopping to exchange information. Up to 6 months jail or a $1,000 fine. Defenses and civil compromise.
Read MoreAugust 13, 2026
Driving on a Suspended License (VC 14601), Explained
Driving on a suspended or revoked license under VC 14601.1 is a misdemeanor — up to 6 months jail or a $300 to $1,000 fine — and it requires that you knew about the suspension. The knowledge defense and the practical fix.
Read MoreAugust 13, 2026
What Is VC 23152? California DUI Law, Explained
California's DUI law: (a) driving under the influence and (b) BAC 0.08%+. Penalties, the 10-day DMV deadline, wet reckless (VC 23103.5) reductions, and why standard diversion doesn't apply to DUI (VC 23640) except military diversion.
Read MoreMarch 30, 2026
How to Beat a DUI in San Francisco
Challenge the stop. Attack the breathalyzer. Expose field sobriety test failures. Fight at the DMV. The four pillars of a real DUI defense.
Read MoreViolence & Domestic Violence
16 articles
August 13, 2026
Can You Get a Restraining Order Dropped in California?
A criminal protective order isn't the protected person's to drop — the court and DA control it. How modification actually works, and why you must follow the order until it changes.
Read MoreAugust 13, 2026
Domestic Violence and Gun Rights in California
A domestic violence conviction — even a misdemeanor — can cost your firearm rights for life under federal law. The bans, the immediate surrender order, and why disposition is everything.
Read MoreAugust 13, 2026
Domestic Violence and Child Custody in California
A domestic violence finding can flip a custody case. How Family Code 3044's rebuttable presumption works, why the criminal and custody cases are linked, and what to protect.
Read MoreAugust 13, 2026
Domestic Violence Restraining Orders in California
After a DV arrest, several kinds of protective order can issue — an EPO, a criminal protective order, or a civil restraining order. What each does, and why violating one is its own crime.
Read More
August 13, 2026
What Is PC 243(b)? Battery on a Peace Officer, Explained
Battery on a peace officer, firefighter, or EMT engaged in their duties — a misdemeanor up to a year. If injury results (243(c)) it becomes a wobbler. The low contact bar and the defenses.
Read MoreAugust 13, 2026
What Is PC 136.1? Dissuading a Witness, Explained
California's witness-intimidation law — knowingly and maliciously preventing a witness or victim from testifying or reporting a crime. A wobbler that becomes a felony strike when force or threats are used.
Read MoreAugust 13, 2026
What Is PC 646.9? Stalking, Explained
California's stalking law — repeatedly following or harassing someone AND making a credible threat. A wobbler that can be a felony. Both the repeated conduct and a credible threat are required.
Read MoreAugust 13, 2026
What Is PC 243.4? Misdemeanor Sexual Battery, Explained
California's misdemeanor sexual-battery law — touching an intimate part of another against their will for sexual purposes. A misdemeanor that requires PC 290 registration. Consent and intent are the key issues.
Read MoreAugust 13, 2026
What Is PC 273a? Child Endangerment, Explained
California's child-endangerment law. The misdemeanor version (subdivision b) covers endangering a child under circumstances not likely to cause great bodily harm. Willfulness is the dividing line from an accident.
Read MoreAugust 13, 2026
What Is PC 422? Criminal Threats, Explained
California's criminal-threats law — threatening death or great bodily injury so specifically it causes sustained fear. A wobbler, and a strike as a felony. Five demanding elements angry words rarely meet.
Read MoreAugust 13, 2026
What Is PC 273.5? Corporal Injury (Domestic Violence), Explained
California's felony-level domestic violence law — willfully inflicting corporal injury resulting in a traumatic condition on a partner. A wobbler. The 'traumatic condition' requirement and the defenses.
Read MoreAugust 13, 2026
What Is PC 245(a)(1)? Assault With a Deadly Weapon, Explained
California's assault-with-a-deadly-weapon law — an assault with a weapon or instrument other than a firearm. A wobbler carrying up to 4 years as a felony. No injury required; self-defense is central.
Read MoreAugust 13, 2026
What Is PC 368? Misdemeanor Elder Abuse, Explained
California's elder-abuse law. The misdemeanor version (subdivision c) covers causing an elder or dependent adult to suffer under circumstances not likely to cause great bodily harm. Willfulness and the defenses.
Read MoreAugust 13, 2026
What Is PC 273.6? Violating a Restraining Order, Explained
PC 273.6 makes it a misdemeanor to intentionally and knowingly violate a protective or restraining order — up to a year in jail or a $1,000 fine. What the prosecution must prove, and the defenses.
Read MoreAugust 13, 2026
What Is PC 242? Battery and Assault, Explained
Battery (PC 242) is any willful, unlawful touching; assault (PC 240) is the attempt. Both are misdemeanors. Penalties, self-defense, the PC 245(a)(4) wobbler, and the diversion paths to dismissal.
Read MoreAugust 13, 2026
What Is PC 243(e)(1)? Domestic Battery
The misdemeanor DV charge for an offensive touching — no injury required. Penalties, the batterer's-program and firearms consequences, the important immigration nuance versus PC 273.5, and defenses.
Read MoreTheft, Drugs & Weapons
19 articles
August 13, 2026
The Shopkeeper's Privilege in California
California lets a merchant detain a suspected shoplifter — but only within limits. What PC 490.5 allows, when a detention becomes false imprisonment, and how it affects a shoplifting case.
Read MoreAugust 13, 2026
What Is PC 487? Grand Theft, Explained
California's grand theft law — theft over $950, or of specified property (a firearm, a car, or property from a person) regardless of value. A wobbler. How the value line and categories work.
Read MoreAugust 13, 2026
What Is HS 11357? Cannabis Possession (Prop 64), Explained
After Prop 64, most adult cannabis possession is legal in California. HS 11357 still reaches under-21 possession, more than an ounce, and possession at a school. What is legal and what is not.
Read MoreAugust 13, 2026
What Is HS 11359? Possession of Cannabis for Sale
After Prop 64, possession of cannabis for sale under HS 11359 is generally a misdemeanor for adults — up to six months. What separates for-sale from legal possession, and the felony exceptions.
Read MoreAugust 13, 2026
What Is PC 470? Forgery in California, Explained
California's forgery law — signing another's name, counterfeiting, or falsifying documents with intent to defraud. A wobbler; forgery of $950 or less is generally a misdemeanor. The intent-to-defraud defense.
Read MoreAugust 13, 2026
What Is VC 10851? Joyriding / Vehicle Taking, Explained
California's unlawful-taking-of-a-vehicle law (joyriding) — driving or taking a car without the owner's consent. A wobbler; up to a year as a misdemeanor. Consent and intent are the key issues.
Read MoreAugust 13, 2026
What Is PC 25400? Carrying a Concealed Firearm, Explained
California's carrying-a-concealed-firearm law — a concealed gun on your person or in your vehicle. Generally a misdemeanor, a felony in aggravating circumstances. The unlawful-search defense.
Read MoreAugust 13, 2026
What Is PC 21310? Carrying a Concealed Dirk or Dagger, Explained
California's concealed-dirk-or-dagger law — carrying a fixed stabbing knife concealed on your person. A wobbler. Whether the object even qualifies is often the whole case.
Read MoreAugust 13, 2026
What Is HS 11550? Under the Influence of Drugs, Explained
California's under-the-influence-of-a-controlled-substance law — no drugs need to be found. A misdemeanor up to a year in jail, and one of the most diversion-friendly charges in the code.
Read MoreAugust 13, 2026
What Is PC 466? Possession of Burglary Tools, Explained
California's burglary-tools law — possessing a screwdriver, pliers, or a slim jim with intent to break in. The tools are legal; the intent is the crime. Penalties and defenses.
Read MoreAugust 13, 2026
What Is PC 602.5? Unauthorized Entry of a Dwelling, Explained
California's misdemeanor entry of a home — entering or remaining in a residence without consent. Aggravated trespass applies when a resident is present. Penalties and defenses.
Read MoreAugust 13, 2026
What Is PC 496? Receiving Stolen Property, Explained
California's receiving-stolen-property law — buying, receiving, or concealing property you know is stolen. If the value is $950 or less it is a misdemeanor, up to a year in jail. The knowledge defense and dismissal paths.
Read MoreAugust 13, 2026
What Is HS 11364? Drug Paraphernalia, Explained
California's drug paraphernalia law — possessing an item used to consume a controlled substance, like a pipe or a needle. A misdemeanor carrying up to six months, and a strong diversion candidate.
Read MoreAugust 13, 2026
What Is PC 417? Brandishing a Weapon, Explained
California's brandishing law — drawing or exhibiting a weapon in a rude, angry, or threatening manner. A misdemeanor: minimum 30 days for a deadly weapon, 3 months for a firearm. Self-defense and defenses.
Read MoreAugust 13, 2026
What Is PC 459.5? Shoplifting, Explained
California's shoplifting law under Prop 47 — entering a store during business hours intending to steal $950 or less. A misdemeanor, and it must be charged as shoplifting, not burglary. Penalties and defenses.
Read MoreAugust 13, 2026
What Is HS 11377? Meth Possession, Explained
California's methamphetamine possession law. A misdemeanor under Prop 47 (up to a year in jail), defended through suppression (PC 1538.5) and diversion (PC 1001.95 / 1001.36). How HS 11377 differs from HS 11350, and the immigration stakes.
Read MoreAugust 13, 2026
Charged With Vandalism? PC 594 Explained
Vandalism is a wobbler that turns on the dollar value of the damage — a misdemeanor under $400, a felony at $400 or more. Penalties, defenses, and how these cases resolve through civil compromise and diversion.
Read MoreAugust 13, 2026
What Is PC 488? Petty Theft, Explained
California's petty theft law: taking property worth $950 or less. Penalties, how it differs from shoplifting (PC 459.5), the immigration angle, and how a first offense gets dismissed.
Read MoreApril 30, 2026
Petty Theft vs. Shoplifting in San Francisco — What's the Difference?
PC 484 vs PC 459.5. Two statutes, two penalty structures, two defenses. Knowing which one applies can change how the case ends.
Read MorePublic Order & Other Charges
18 articles
August 13, 2026
What Is PC 166? Contempt of Court, Explained
Criminal contempt of court — disrupting a courtroom or willfully disobeying a court order. A misdemeanor. What it covers, how it overlaps with restraining-order violations, and the defenses.
Read MoreAugust 13, 2026
What Is PC 647(a)? Lewd Conduct in Public, Explained
Lewd or dissolute conduct in public — a misdemeanor that, unlike indecent exposure, does not require sex-offender registration. The demanding elements, and the defenses.
Read MoreAugust 13, 2026
What Is PC 32? Accessory After the Fact, Explained
California's accessory-after-the-fact law — helping someone avoid arrest after a felony, knowing they committed it. A wobbler. The knowledge and intent elements, and the defenses.
Read MoreAugust 13, 2026
What Is PC 597? Animal Cruelty, Explained
California's animal-cruelty law — intentionally harming an animal, or neglecting one. A wobbler that can be a felony, with fines up to $20,000. The malice and neglect standards and the defenses.
Read MoreAugust 13, 2026
What Is PC 653.2? Electronic Harassment, Explained
California's indirect cyber-harassment law — posting someone's personal info or harassing messages online to incite third parties to harass them. A misdemeanor. How it differs from PC 653m, and the defenses.
Read MoreAugust 13, 2026
What Is PC 148.5? False Report of a Crime, Explained
California's false-report law — reporting a crime to police knowing it is false. A misdemeanor. The knowledge element is everything: a mistaken or good-faith report is not a crime.
Read MoreAugust 13, 2026
What Is PC 236? False Imprisonment, Explained
California's false-imprisonment law — unlawfully restraining another's liberty without consent. A misdemeanor, unless done by violence or menace, which makes it a felony. Consent and force are the key issues.
Read MoreAugust 13, 2026
What Is PC 69? Resisting an Executive Officer, Explained
The more serious cousin of resisting arrest — using threats or force to deter or resist an executive officer. A wobbler that can be a felony. How it differs from PC 148, and the defenses.
Read MoreAugust 13, 2026
What Is PC 314? Indecent Exposure, Explained
California's indecent-exposure law. A first offense is a misdemeanor — but it requires sex-offender registration under PC 290, which makes fighting the charge critical. The lewd/willful elements and defenses.
Read MoreAugust 13, 2026
What Is BP 25662? Minor in Possession of Alcohol, Explained
California's minor-in-possession law — a person under 21 possessing alcohol in public. A misdemeanor with a $250 fine or community service on a first offense, plus a one-year license consequence.
Read MoreAugust 13, 2026
What Is PC 647(j)(4)? Intimate-Image 'Revenge Porn' Law
California's 'revenge porn' law — intentionally distributing a private intimate image knowing it will cause serious emotional distress. A misdemeanor with demanding elements. What it requires and the defenses.
Read MoreAugust 13, 2026
What Is PC 148.9? False ID to a Peace Officer, Explained
California's false-identification law — giving a false or fictitious identity to a peace officer to avoid being identified. A misdemeanor, usually an add-on charge, and often the weakest count.
Read MoreAugust 13, 2026
What Is PC 653m? Harassing Calls and Messages, Explained
California's law against harassing or threatening phone calls and electronic messages made with intent to annoy. A misdemeanor. The intent requirement, the good-faith exemption, and the defenses.
Read MoreAugust 13, 2026
What Is PC 647(b)? Prostitution & Solicitation, Explained
California's prostitution and solicitation law — soliciting, agreeing to, or engaging in an act of prostitution for compensation. A misdemeanor up to 6 months in jail. The agreement element, entrapment, and defenses.
Read MoreAugust 13, 2026
What Is PC 415? Disturbing the Peace, Explained
California's disturbing-the-peace law — fighting, loud noise, or offensive fighting words in public. Up to 90 days jail or a $400 fine, and often chargeable as an infraction. Penalties and First Amendment defenses.
Read MoreAugust 13, 2026
What Is PC 602? Trespassing, Explained
California's trespassing statute has dozens of subsections — all misdemeanors up to six months. What the DA must prove, the authority and right-to-be-there defenses, First Amendment protest defenses, and diversion.
Read MoreAugust 13, 2026
What Is PC 148? Resisting Arrest, Explained
PC 148(a)(1) — resist, delay, or obstruct an officer in the lawful performance of duties. Up to a year in jail. Why it stacks on the underlying charge, why an unlawful stop is a complete defense, and how diversion resolves it.
Read MoreAugust 13, 2026
Public Intoxication in San Francisco (PC 647(f))
Being drunk in public isn't enough — the DA must prove you couldn't care for your safety or were obstructing a public way. The real standard, the defenses, and the diversion and civil-protective-custody paths out.
Read MoreCounty Guides
28 articles
August 13, 2026
Trespassing in San Mateo County: Court & Defense Guide
Facing trespassing in San Mateo County? Where your case is heard, the county's diversion and collaborative courts, and how these cases get defended.
Read MoreAugust 13, 2026
Criminal Threats in San Mateo County: Court & Defense Guide
Facing criminal threats in San Mateo County? Where your case is heard, the county's diversion and collaborative courts, and how these cases get defended.
Read MoreAugust 13, 2026
Carrying a Concealed Firearm in San Mateo County: Court & Defense Guide
Facing concealed firearm in San Mateo County? Where your case is heard, the county's diversion and collaborative courts, and how these cases get defended.
Read MoreAugust 13, 2026
DUI Causing Injury in San Mateo County: Court & Defense Guide
Facing dui causing injury in San Mateo County? Where your case is heard, the county's diversion and collaborative courts, and how these cases get defended.
Read MoreAugust 13, 2026
Reckless Driving in San Mateo County: Court & Defense Guide
Facing reckless driving in San Mateo County? Where your case is heard, the county's diversion and collaborative courts, and how these cases get defended.
Read MoreAugust 13, 2026
Trespassing in Santa Clara County: Court & Defense Guide
Facing trespassing in Santa Clara County? Where your case is heard, the county's diversion and collaborative courts, and how these cases get defended.
Read MoreAugust 13, 2026
Criminal Threats in Santa Clara County: Court & Defense Guide
Facing criminal threats in Santa Clara County? Where your case is heard, the county's diversion and collaborative courts, and how these cases get defended.
Read MoreAugust 13, 2026
Carrying a Concealed Firearm in Santa Clara County: Court & Defense Guide
Facing concealed firearm in Santa Clara County? Where your case is heard, the county's diversion and collaborative courts, and how these cases get defended.
Read MoreAugust 13, 2026
DUI Causing Injury in Santa Clara County: Court & Defense Guide
Facing dui causing injury in Santa Clara County? Where your case is heard, the county's diversion and collaborative courts, and how these cases get defended.
Read MoreAugust 13, 2026
Reckless Driving in Santa Clara County: Court & Defense Guide
Facing reckless driving in Santa Clara County? Where your case is heard, the county's diversion and collaborative courts, and how these cases get defended.
Read MoreAugust 13, 2026
Vandalism in San Mateo County: Court & Defense Guide
Facing vandalism in San Mateo County? Where your case is heard, the county's diversion and collaborative courts, and how these cases get defended.
Read MoreAugust 13, 2026
Public Intoxication in San Mateo County: Court & Defense Guide
Facing public intoxication in San Mateo County? Where your case is heard, the county's diversion and collaborative courts, and how these cases get defended.
Read MoreAugust 13, 2026
Hit and Run in San Mateo County: Court & Defense Guide
Facing hit and run in San Mateo County? Where your case is heard, the county's diversion and collaborative courts, and how these cases get defended.
Read MoreAugust 13, 2026
Assault and Battery in San Mateo County: Court & Defense Guide
Facing assault and battery in San Mateo County? Where your case is heard, the county's diversion and collaborative courts, and how these cases get defended.
Read MoreAugust 13, 2026
Resisting Arrest in San Mateo County: Court & Defense Guide
Facing resisting arrest in San Mateo County? Where your case is heard, the county's diversion and collaborative courts, and how these cases get defended.
Read MoreAugust 13, 2026
Vandalism in Santa Clara County: Court & Defense Guide
Facing vandalism in Santa Clara County? Where your case is heard, the county's diversion and collaborative courts, and how these cases get defended.
Read MoreAugust 13, 2026
Public Intoxication in Santa Clara County: Court & Defense Guide
Facing public intoxication in Santa Clara County? Where your case is heard, the county's diversion and collaborative courts, and how these cases get defended.
Read MoreAugust 13, 2026
Hit and Run in Santa Clara County: Court & Defense Guide
Facing hit and run in Santa Clara County? Where your case is heard, the county's diversion and collaborative courts, and how these cases get defended.
Read MoreAugust 13, 2026
Assault and Battery in Santa Clara County: Court & Defense Guide
Facing assault and battery in Santa Clara County? Where your case is heard, the county's diversion and collaborative courts, and how these cases get defended.
Read MoreAugust 13, 2026
Resisting Arrest in Santa Clara County: Court & Defense Guide
Facing resisting arrest in Santa Clara County? Where your case is heard, the county's diversion and collaborative courts, and how these cases get defended.
Read MoreAugust 13, 2026
DUI in San Mateo County: Court & Defense Guide
Facing dui in San Mateo County? Where your case is heard (courthouses, DA, jail), the county's diversion and collaborative courts, and how these cases get defended.
Read MoreAugust 13, 2026
Domestic Violence in San Mateo County: Court & Defense Guide
Facing domestic violence in San Mateo County? Where your case is heard (courthouses, DA, jail), the county's diversion and collaborative courts, and how these cases get defended.
Read MoreAugust 13, 2026
Petty Theft and Shoplifting in San Mateo County: Court & Defense Guide
Facing petty theft and shoplifting in San Mateo County? Where your case is heard (courthouses, DA, jail), the county's diversion and collaborative courts, and how these cases get defended.
Read MoreAugust 13, 2026
Drug Possession in San Mateo County: Court & Defense Guide
Facing drug possession in San Mateo County? Where your case is heard (courthouses, DA, jail), the county's diversion and collaborative courts, and how these cases get defended.
Read MoreAugust 13, 2026
DUI in Santa Clara County: Court & Defense Guide
Facing dui in Santa Clara County? Where your case is heard (courthouses, DA, jail), the county's diversion and collaborative courts, and how these cases get defended.
Read MoreAugust 13, 2026
Domestic Violence in Santa Clara County: Court & Defense Guide
Facing domestic violence in Santa Clara County? Where your case is heard (courthouses, DA, jail), the county's diversion and collaborative courts, and how these cases get defended.
Read MoreAugust 13, 2026
Petty Theft and Shoplifting in Santa Clara County: Court & Defense Guide
Facing petty theft and shoplifting in Santa Clara County? Where your case is heard (courthouses, DA, jail), the county's diversion and collaborative courts, and how these cases get defended.
Read MoreAugust 13, 2026
Drug Possession in Santa Clara County: Court & Defense Guide
Facing drug possession in Santa Clara County? Where your case is heard (courthouses, DA, jail), the county's diversion and collaborative courts, and how these cases get defended.
Read MoreProcess & Help
Just Arrested
14 articles
August 13, 2026
What to Do If You're Pulled Over in California
A traffic stop can turn into a criminal case fast — especially a DUI stop. What to hand over, what to say (and not say), and how to protect yourself without escalating.
Read MoreAugust 13, 2026
Your Rights If You're Arrested in California
If you're arrested, you have the right to remain silent and the right to a lawyer. What Miranda actually means, when it applies, and the two sentences that protect you best.
Read MoreAugust 13, 2026
What to Do After a Shoplifting Arrest in San Francisco
Arrested or cited for shoplifting? What to do — and not do — in the first days, why the store civil demand letter is not the criminal case, and the paths to a dismissal.
Read MoreAugust 13, 2026
What to Do After a DUI Arrest in San Francisco
Arrested for a DUI? The most urgent step is the 10-day DMV deadline. What to do — and not do — in the first days: the DMV hearing, the arraignment, preserving evidence, and getting counsel early.
Read MoreAugust 13, 2026
What to Do After a Domestic Violence Arrest in San Francisco
Arrested for domestic violence? Understand the emergency protective order, the no-contact rule, who actually decides the charges, and the first steps that protect you before the arraignment.
Read MoreAugust 13, 2026
What Happens at Arraignment in San Mateo County
Your first San Mateo County court date, explained — at the Redwood City Hall of Justice or the South San Francisco Northern Branch. What happens, whether your lawyer can appear for you, and how diversion starts here.
Read MoreAugust 13, 2026
Cited and Released in San Mateo County
You signed a promise to appear — but the San Mateo County DA still decides the charge. What the citation means, why the court date isn't the charge, and what to do before you appear.
Read MoreAugust 13, 2026
What to Do After a Misdemeanor Arrest in San Mateo County
Booking at Maguire, how release works, the DA's charging decision, and the first 30 days that matter most — plus San Mateo County's diversion and collaborative-court options.
Read MoreAugust 13, 2026
What Happens at Arraignment in Santa Clara County
Your first Santa Clara County court date, explained — at the San Jose Hall of Justice, Palo Alto, or Morgan Hill. The plea, release, the speedy-trial clock, and how the county's collaborative courts fit in.
Read MoreAugust 13, 2026
Cited and Released in Santa Clara County
You signed a promise to appear — and the Santa Clara County DA has 25 days to file. What the citation means, the filing window, and what to do before your court date.
Read MoreAugust 13, 2026
What to Do After a Misdemeanor Arrest in Santa Clara County
Booking at Main Jail or Elmwood, how release works, the DA's 25-day charging window, and the first 30 days — plus Santa Clara County's diversion and collaborative-court options.
Read MoreMay 5, 2026
What Happens at Arraignment in San Francisco
The first court date is the most important one. Plea, bail, protective orders, diversion eligibility — the procedural shape of the entire case gets set in the first ten minutes.
Read MoreMay 3, 2026
Cited and Released in San Francisco: What Happens Next?
The officer wrote you a ticket and let you go. The case is still active. PC 853.6, how to read the citation, the DA's filing decision, and what to do in the first 30 days before arraignment.
Read MoreApril 30, 2026
What to Do After a Drug Possession Arrest in San Francisco
Prop 47 reductions, judicial misdemeanor diversion under PC 1001.95, mental health diversion, and suppression motions. The paths that don't end in a conviction.
Read MoreYour Rights & Police Stops
10 articles
August 13, 2026
Detention vs. Arrest in California: The Difference
A detention and an arrest are different — and the difference decides your rights. When a stop becomes an arrest, what police need for each, and why it can make or break a case.
Read MoreAugust 13, 2026
Reasonable Suspicion vs. Probable Cause in California
The two standards that govern every police stop and search. What reasonable suspicion allows, what probable cause requires, and why the difference decides so many cases.
Read MoreAugust 13, 2026
What Is a Motion to Suppress (PC 1538.5)?
A motion to suppress under PC 1538.5 asks the court to throw out evidence from an unlawful search or stop. How it works, when it wins, and why it is often the whole ballgame.
Read MoreAugust 13, 2026
Body Camera Evidence in a California Criminal Case
Body-worn camera footage cuts both ways — and often for the defense. Why the video matters, how to make sure it is preserved, and what it can reveal about the stop and the officer.
Read MoreAugust 13, 2026
Can You Be Charged Without Being Arrested? (California)
Yes. In California the DA can file charges and summon you to court without ever arresting you. How it happens, what a notice to appear means, and why the pre-filing window is an opportunity.
Read MoreAugust 13, 2026
Self-Defense Law in California
When you can legally defend yourself in California — reasonable belief, proportional force, no duty to retreat, and how self-defense works in an assault or battery case.
Read MoreAugust 13, 2026
The Entrapment Defense in California
When police cross from catching crime to creating it, that's entrapment. How California's objective test works, and where the defense shows up — stings, solicitation, drug cases.
Read MoreAugust 13, 2026
Do I Have to Talk to the Police in California?
No — you have the right to remain silent. When you must identify yourself, when you can stay quiet, and why anything you say can be used against you.
Read MoreAugust 13, 2026
Can Police Search My Car in California?
Usually not without probable cause, a warrant, or your consent. When police can search your vehicle, when they can't, and why you should never consent.
Read MoreAugust 13, 2026
Can Police Search My Phone in California?
Generally not without a warrant — even after an arrest. What Riley v. California established, how consent and passcodes fit in, and what to do if your phone was searched.
Read MoreCourt, Bail & Sentencing
21 articles
August 13, 2026
What Is a Continuance in a Criminal Case? (California)
A continuance postpones a court date. Why they happen, when they help the defense, and why 'slow' is sometimes exactly the strategy in a criminal case.
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August 13, 2026
What Happens If You Can't Pay a Court Fine? (California)
You can't be jailed just for being too poor to pay. Payment plans, ability-to-pay reductions, and community service — the options when a criminal fine is out of reach.
Read MoreAugust 13, 2026
How Bail Bonds Work in California
A bail bond lets you post bail for a fraction of the amount — but the premium is nonrefundable. How bonds work, what they cost, and why fighting for O.R. release is usually better.
Read MoreAugust 13, 2026
Your Right to a Speedy Trial in California
In a California misdemeanor, you're entitled to trial within 30 or 45 days of arraignment. How the deadline works, when it helps, and why you might waive it on purpose.
Read MoreAugust 13, 2026
What Is a Preliminary Hearing in California?
A preliminary hearing is a felony checkpoint — where a judge decides if there's enough evidence to proceed. What happens, why it's a key defense opportunity, and why misdemeanors skip it.
Read MoreAugust 13, 2026
What Is a No Contest Plea in California?
A no contest (nolo contendere) plea has the same criminal effect as guilty — but on a misdemeanor it cannot be used against you as an admission in a related civil lawsuit.
Read MoreAugust 13, 2026
What Happens at Sentencing in California?
If a case doesn't end in dismissal, sentencing is where the outcome is set. What a judge can order in a misdemeanor case, how mitigation shapes it, and the alternatives to jail.
Read MoreAugust 13, 2026
Probation Violation in California: What Happens
A probation violation is decided by a judge on a lower standard than a trial — but very defensible. What counts as a violation, the hearing, and how to protect yourself.
Read MoreAugust 13, 2026
Recent Changes in California Criminal Law
The reforms that reshaped California misdemeanor defense — Prop 47, Prop 64, In re Humphrey, judicial diversion (PC 1001.95), and Prop 36. What each changed and why it matters.
Read MoreAugust 13, 2026
Do You Get a Jury Trial for a Misdemeanor? (California)
In California you have the right to a jury trial even on a misdemeanor. How it works, what the prosecution must prove, and why the right to a trial is leverage even when you dont use it.
Read MoreAugust 13, 2026
Alternatives to Jail in California
Even when a case can't be dismissed, jail is rarely the only option. Community service, work programs, electronic monitoring, and treatment — the alternatives to custody.
Read MoreAugust 13, 2026
Criminal Defense Terms: A Plain-English Glossary
A plain-English glossary of the California criminal-defense terms you'll actually hear — arraignment, diversion, wobbler, expungement, wet reckless, and more, each linked to a full explainer.
Read MoreAugust 13, 2026
What Is Restitution in a Criminal Case? (California)
Restitution is money a defendant pays to make a victim whole. How it works, how it differs from fines and a store civil demand, and how it can open the door to a dismissal.
Read MoreAugust 13, 2026
First-Time Offender Options in California
If it's your first offense, the system has real off-ramps — diversion, civil compromise, and reductions that keep a conviction off your record. What's available and how to use it.
Read MoreAugust 13, 2026
California Misdemeanor Charges: The Complete Guide
A plain-English index to California's most common misdemeanor and wobbler charges, by category — each with penalties, defenses, and the paths to a dismissal.
Read MoreAugust 13, 2026
Statute of Limitations for Misdemeanors in California
California generally gives the prosecution one year to file most misdemeanor charges. How the deadline works, the exceptions, and what it means if charges come late.
Read MoreAugust 13, 2026
What Is a Plea Bargain in California?
Most criminal cases resolve through a plea bargain. How they work, what a good one looks like in a misdemeanor case, and why you never have to take the first offer.
Read MoreAugust 13, 2026
How a Criminal Case Works in California: The Steps
From arrest to resolution — arraignment, pretrial, motions, and trial. A plain-English walkthrough of the steps in a California misdemeanor case and where a lawyer changes the outcome.
Read MoreAugust 13, 2026
How Bail Works in California (and O.R. Release)
How bail is set in California, why the court must consider your ability to pay after In re Humphrey, and how to get released on your own recognizance (O.R.) without paying.
Read MoreAugust 13, 2026
What Is Misdemeanor Probation in California?
Misdemeanor (summary) probation lets you serve a sentence in the community instead of jail. How it works, common terms, what a violation means, and how to end it early under PC 1203.3.
Read MoreAugust 13, 2026
What Happens If You Miss Court? Bench Warrants
Missing a California court date triggers a bench warrant and can add a failure-to-appear charge. What a bench warrant does, how a lawyer recalls it, and what to do first.
Read MoreRecords, Diversion & Expungement
26 articles
August 13, 2026
What Happens After You Complete Diversion? (California)
You finished your diversion program — now what? Your case is dismissed, no conviction is entered, and the arrest can be sealed. What completing diversion means for your record.
Read MoreAugust 13, 2026
How to Get a Copy of Your Criminal Record in California
Before you can clean up your record, you need to see it. How to request your California criminal history (your RAP sheet), what it shows, and what to do with it.
Read MoreAugust 13, 2026
Can a Criminal Record Affect Housing in California?
A criminal record can complicate renting — but California limits how landlords use it. What the rules are, how expungement and sealing help, and how to protect your housing.
Read MoreAugust 13, 2026
Can a Misdemeanor Affect a Professional License? (CA)
Nurses, contractors, teachers, real estate agents and others can face board review for even a misdemeanor. What licensing boards care about, and how to protect your license.
Read MoreAugust 13, 2026
Diversion vs. Expungement in California: The Difference
Both clean up your record — at opposite ends of a case. Diversion avoids a conviction in the first place; expungement clears one after the fact. Which is better, and when.
Read MoreAugust 13, 2026
Jail vs. Prison in California: The Difference
Jail and prison are not the same. County jail is for misdemeanors and shorter sentences; state prison is for serious felonies. Why misdemeanors never mean prison.
Read MoreAugust 13, 2026
California Misdemeanor Penalties: A Quick Reference
A quick-reference to the maximum penalties for common California misdemeanors and wobblers, organized by how much jail each carries — from infractions to one-year misdemeanors to wobblers. Each links to a full guide.
Read MoreAugust 13, 2026
How to Seal an Arrest Record in California (PC 851.91)
If you were arrested but not convicted, PC 851.91 lets you petition to seal and destroy the arrest record. Who qualifies, how it differs from expungement, and how the process works.
Read MoreAugust 13, 2026
Immigration Consequences of a Misdemeanor in California
For non-citizens, even a misdemeanor can carry immigration consequences. Why the disposition matters more than the sentence, and why expungement does not fix it.
Read MoreAugust 13, 2026
Gun Rights After a Criminal Conviction in California
A felony conviction bars firearms for life in California; some misdemeanors — especially domestic violence — bring a 10-year or lifetime ban. How the bans work and how a PC 17(b) reduction can help.
Read MoreAugust 13, 2026
Misdemeanor Diversion in San Mateo County: Court & Defense Guide
Facing misdemeanor diversion in San Mateo County? Where your case is heard (courthouses, DA, jail), the county's diversion and collaborative courts, and how these cases get defended.
Read MoreAugust 13, 2026
Misdemeanor Diversion in Santa Clara County: Court & Defense Guide
Facing misdemeanor diversion in Santa Clara County? Where your case is heard (courthouses, DA, jail), the county's diversion and collaborative courts, and how these cases get defended.
Read MoreAugust 13, 2026
California's Three Strikes Law, Explained
What counts as a 'strike' in California, how a second strike doubles a sentence and a third can mean 25-to-life, and why keeping a wobbler a misdemeanor keeps it off your record as a strike.
Read MoreAugust 13, 2026
What Is a Wobbler in California?
A 'wobbler' is a California crime that can be charged as either a felony or a misdemeanor. What decides which, how PC 17(b) reduces one to a misdemeanor, and why it matters so much.
Read MoreAugust 13, 2026
What Is a PC 17(b) Reduction?
Penal Code 17(b) lets a court reduce a felony 'wobbler' to a misdemeanor — restoring gun rights, easing immigration exposure, and opening diversion. When it's available and how it works.
Read MoreAugust 13, 2026
What Is Civil Compromise (PC 1377)?
Civil compromise under PC 1377 lets certain misdemeanors be dismissed when the victim is made whole and tells the court they are satisfied. When it applies, and how it works.
Read MoreAugust 13, 2026
Infraction vs. Misdemeanor in California
An infraction means no jail and no criminal record; a misdemeanor can mean both. What separates them, which offenses can be reduced from one to the other, and why it matters.
Read MoreAugust 13, 2026
How Long Does a Misdemeanor Stay on Your Record in California?
In California a misdemeanor conviction stays on your record indefinitely — until you clear it. How long it lasts, how DUI priors work, and how expungement (PC 1203.4) and arrest sealing change the picture.
Read MoreAugust 13, 2026
Military Diversion for Misdemeanors (PC 1001.80)
California's military diversion now reaches misdemeanors generally — and expressly covers misdemeanor DUI. For service members and veterans with service-connected PTSD, TBI, MST, or substance abuse. Successful completion ends in dismissal.
Read MoreAugust 13, 2026
Mental Health Diversion in San Francisco (PC 1001.36)
Treatment instead of a conviction. Who qualifies, which charges are excluded, the significant-factor presumption, and how the arrest clears on completion — up to one year for a misdemeanor, two for a felony.
Read MoreMay 3, 2026
PC 1001.95: How San Francisco's Judicial Misdemeanor Diversion Works
The broadest path to a dismissed misdemeanor in California. Eligibility, conditions, the four parallel diversion tracks, and why the judge can grant it over the District Attorney's objection.
Read MoreMay 3, 2026
Military Diversion: The Only Diversion DUI in California
PC 1001.80 is the single carved-out exception to California's blanket DUI diversion bar. For active-duty servicemembers, reservists, National Guard, and veterans whose offense is service-connected.
Read MoreApril 8, 2026
How to Get Shoplifting Charges Dismissed in San Francisco
Diversion, civil compromise, lack of intent, and insufficient evidence. Four paths to keeping a theft charge off your record.
Read MoreMarch 30, 2026
Can Domestic Violence Charges Be Dropped in San Francisco?
The victim can't drop charges. The DA decides. But DV cases can still be dismissed, reduced, or diverted under PC 1001.36 mental health diversion.
Read MoreFebruary 9, 2026
How to Get a Misdemeanor Dismissed in San Francisco
Five paths to dismissal — pretrial diversion, mental health diversion, civil compromise, suppression motions, and insufficient evidence.
Read MoreJanuary 19, 2026
How to Get Your Record Expunged in San Francisco
PC 1203.4 expungement, arrest sealing under PC 851.91, and Prop 47 reductions. What's actually possible, and how long it takes.
Read MoreHiring a Lawyer & Cost
5 articles
August 13, 2026
How to Choose a Criminal Defense Lawyer in California
The questions that actually matter — experience with your charge and court, who does the work, how fees are structured, and the warning signs to avoid.
Read MoreAugust 13, 2026
How Much Does a DUI Lawyer Cost in San Francisco?
DUI defense fees in San Francisco typically range from $3,000 to $10,000+. What drives the cost, what a flat fee should cover, and why the DMV hearing is a separate piece.
Read MoreAugust 13, 2026
Public Defender vs. Private Attorney in California
If you can't afford a lawyer, you have the right to a public defender. How public defenders compare to a private attorney, when each makes sense, and what a flat fee buys.
Read MoreAugust 13, 2026
Do You Need a Lawyer for a Misdemeanor?
A misdemeanor is not a minor problem — it can mean jail, a permanent record, and immigration and job consequences. What a defense lawyer actually does, and why it matters even on a 'small' case.
Read MoreFebruary 27, 2026
How Much Does a Criminal Defense Lawyer Cost in San Francisco?
Flat fee vs. hourly billing, what's actually included, and the true cost of not hiring counsel.
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