Penal Code Section 146

False Arrest Under Color of Authority – Penal Code Section 146 It is a misdemeanor for any person to commit an unauthorized act under color of authority.  It is illegal do to the following: Arrest a person or detain the person against his or her will. Seize or levy property. Dispossess / evict a person…

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Peace Officer Refusing to Arrest or Receive Person Charged with Criminal Offense – Penal Code Section 142 It is a crime for a California peace officer to refuse to arrest, or refuse to receive a person for arrest where a duty to arrest exists.(1) The crime is punishable in the following manner: A misdemeanor carrying up…

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Effective DUI Defense – Ventura County I secured the dismissal of another Driving Under the Influence (DUI) case in the Ventura County Superior Court today. My client was accused of driving under the influence of alcohol and drugs. He was understandably overjoyed by the outcome. I have developed an effective and aggressive system for handling DUI cases. As…

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Life-Altering Robbery Charge Dismissed Recently, my client was charged with Home Invasion Robbery (First Degree Robbery), a violation of Penal Code Section 211. The client had no meaningful criminal record.  When I met the young man in jail, he faced a life-altering violent felony offense. I quickly shifted into gear by involving the client in…

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Ventura College Criminal Justice Lecture On March 1, 2017, Professor Haney served as a guest speaker for Ventura College criminal justice students. The lecture provided students with an outline of the criminal justice system.  Students received a detailed explanation of the roles played by defense attorneys, prosecutors and judges in the administration of justice. Students were also…

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False Report by a Peace Officer – Penal Code Section 118.1 Peace officers who knowingly file false reports may be punished with either a misdemeanor or felony criminal charge pursuant to Penal Code Section 118.1. Penal Code Section 118.1 establishes a form of perjury specific to police officers.1 Elements of the Offense: A peace officer…

Willfully Assisting An Inmate to Escape From a Public Training School or a Reformatory, Penal Code Section 109 Any person who assists an inmate to escape from a public training school or reformatory is guilty of a felony pursuant to Penal Code Section 109. Section 109 is considered a crime against public justice. To prove…

Jury

Misconduct by Jurors and other Judicial Actors – Penal Code Section 96 Jurors and other individuals included in the decision making process of court cases may be severely punished for corruption. Penal Code Section 96 covers the following individuals: • Jurors • Arbitrators1 • Umpires • Referees Section 96 states that it is illegal to…

Judicial Officer’s Request or Receipt of Gratuity – Penal Code Section 94 If a judicial officer is accused of taking any type of compensation or gratuity for performing an official act, prosecutors may seek to punish the jurist under Penal Code Section 93 (felony) or Penal Code Section 94. Section 94 states that any judicial…

Corruption of Judges

Bribing or Offering to Bribe a Judicial Officer – Penal Code Section 92 The crime of bribing or attempting to bribe a judge is punishable as a felony under Penal Code Section 92. The law also mandates felony punishment for any person who attempts to bribe someone authorized by law to decide court-related matters, including:…