The Survirors Guide to Prison is a compelling film by Matthew Cooke.

Netflix Presents Riveting “Survivors Guide to Prison” Netflix recently released the “Survivors Guide to Prison,” a chilling explanation of how the criminal justice system can go terribly wrong in important cases. Directed by Matthew Cooke, the “Survivors Guide to Prison” is a must-see for anyone interested in criminal justice reform. More importantly, the film is an…

Penal Code Section 155.5 – Disposal of Property to Avoid Criminal Restitution Payments1 Penal Code Section 155.5 criminalizes certain attempts by criminal defendants to shield their assets from court-ordered restitution payments. Penal Code Section 155.5(a) – Misdemeanor Punishment for Specified Acts of Concealment Under Penal Code Section 155.5(a), the prosecution must prove the following elements…

California Penal Code Section 152 – Concealment of Accidental Death1 California law sets forth misdemeanor punishment for any person who conceals or attempts to conceal an accidental death. Elements of a Penal Code Section 152 Violation: The defendant knew of the accidental death of another person; The defendant actively concealed or attempted to conceal the death.2…

Senate Bill 1030 Adds A Point to Driving Records

California Legislature Passes SB 1030 – Distracted Driving To Add a Point to Driving Record1 Senator Josh Newman (Fullerton) gained approval for Senate Bill 1030 on April 30th. If Governor Brown signs the Bill into law, insurance companies will add a point to the driving record of any person caught operating a cellular telephone while…

False Identification to a Peace Officer

Penal Code Section 148.9 – Providing False Identification to a Peace Officer Elements of the Offense – Penal Code Section 148.9(a)1 The prosecutor must prove the following elements beyond a reasonable doubt: The Defendant falsely identified or represented himself as another person or a fictitious person to a peace officer; AND The Defendant was lawfully detained…

Penal Code Section 148.6 – False Allegation of Police Misconduct Penal Code Section 148.61 provides misdemeanor punishment for any person who makes a false allegation of misconduct against a peace officer. PENAL CODE SECTION 146(a) VIOLATIONS: Elements of the Offense: The Defendant filed an allegation accusing a peace officer of misconduct; AND The Defendant knew…

Penal Code Section 148.4 - Malicious Tampering With Fire Alarm

Penal Code Section 148.4 – Malicious Tampering with Fire Alarm1 Penal Code Section 148.4(a) Violations (Misdemeanor) The prosecution must prove the following beyond a reasonable doubt: The Defendant “willfully” and “maliciously” tampered with fire protection equipment; OR The Defendant “willfully” and “maliciously” transmitted a false message indicating the presence of a fire by any electronic…

California Penal Code Section 148.3 Criminalizes Any Knowingly False Report of an Emergency

Penal Code Section 148.3 – False Report of Emergency Introduction: Penal Code Section 148.3 addresses numerous scenarios for the reporting of false emergencies, including what is commonly referred to as “swatting.”   A “swatting” incident involves the false report of an active shooter, bomb threat or other emergency serious enough to merit the dispatch of a…

Penal Code Section 148.1

Penal Code Section 148.1 – False Bomb Reports PENAL CODE SECTION 148.1(a) & (b) – FALSE BOMB REPORT TO PEACE OFFICER OR DESIGNATED INDIVIDUAL Pursuant to Penal Code Sections 148.1(a) & (b), the prosecution must prove the following elements beyond a reasonable doubt: The defendant reported that a bomb or explosive device will be placed in a…

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…