False Use of Law Enforcement Term in Name of Nongovernmental Organization – Penal Code Section 146c A person may be charged with a misdemeanor for naming a nongovernmental agency in such a manner that the name infers that its membership is comprised largely of police or fire personnel. You may be charged with a misdemeanor if you…
Simulating Official Inquiries – Penal Code Section 146b Penal Code Section 146b provides misdemeanor-level punishment for any person who makes a demand for information by posing as a member of a government agency. You are guilty of a misdemeanor if you ask for, or demand information from a person while misrepresenting that you are part of…
Impersonating an Officer – Penal Code Section 146a The crime of impersonating a public officer may be prosecuted as either a misdemeanor or a felony. Misdemeanor violation of Penal Code Section 146a(a): Pursuant to Penal Code Section 146a(a), it is misdemeanor to falsefly represent yourself as a deputy or clerk of a state agency if…
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…
Penal Code Section 145 – Officer Delaying the Taking of an Arrestee Before a Magistrate California law requires peace officers to take arrested individuals before a magistrate in a timely manner. Pursuant to Penal Code Section 145, an officer is guilty of a misdemeanor if he willfully delays taking a person before a magistrate. Penal Code…
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…
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…
Be On Time For Your Preliminary Hearing in Ventura County! Preliminary Hearings are now scheduled every morning in Division 13 of the Ventura County Superior Court. Judge Ryan Wright presides over the preliminary hearing calendar. Judge Wright has warned defense lawyers, defendants and prosecutors that all parties must show up at the beginning of the preliminary hearing…
Evidence Tampering by Peace Officers – Penal Code Section 141 Penal Code Sections 141(a) and 141(b) punish evidence tampering by peace officers. General Elements of an Evidence Tampering Case: (1) The defendant peace officer willfully and intentionally (moved or planted or placed or made or hid or moved) a physical item of evidence / digital image…
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…