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March, 16 2020

Wed, 29 Jul 2026 15:10:50 GMT

March, 16 2020

Our Courts and Jails Are Putting Lives at Risk: "Across the country, only a small number of courts and justice systems appear to have significantly adjusted their procedures to guard against the coronavirus pandemic. And that is putting tens of thousands of people at risk for no good reason." As long as the courts are open it is our duty to keep those accused from being thrown into limbo as the pandemic event continues.

Ask your courts for safety precautions and to limit exposure for those who must appear. An informed community on all sides is the safest way forward for everyone.

If you're healthy, you can still spread the virus. Please stay home if exhibiting symptoms and get tested before exposing anyone others.

March, 29 2020

Wed, 29 Jul 2026 15:10:18 GMT

March, 29 2020

In this current climate, amid COVID-19, the rights of inmates and clients in the criminal justice system are being violated.

Only a few states are doing what is necessary to safe guard some of these rights.

In Philadelphia, police are delaying responses to non-violent offenses, such as drug, theft, and prostitution.

In an executive order, governor Jared Polis of Colorado granted the director of the Department of Corrections broad authority to release people within 180 days of their parole eligibility date, and suspended limits on awarding earned time, to allow for earlier release dates.

New Jersey Chief Justice Stuart Rabner signed an order calling for the temporary release of 1,000 people from jails(almost 10% of their jail population) across the state of New Jersey who are serving county jail sentences for probation violations, municipal court convictions, "low-level indictable crimes," and "disorderly persons offenses." Many courts have closed, delaying numerous jury trials. They are trying to prevent jurors, clients, attorneys and court staff to from exposure.

April, 7 2020

Wed, 29 Jul 2026 15:09:15 GMT

April, 7 2020

On March 23 the Supreme Court heard Kahler v. Kansas. The court explored the issue of whether the Eighth and Fourteenth Amendments require the states to recognize some form of the insanity defense in a criminal prosecution.

The Supreme Court affirmed the lower court's decision 6-3 against Kahler. Kahler appealed when the lower court only allowed the "moral insanity" defense in his Murder case. Without the "cognitive capacity defense," Kahler argued that his Due Process rights were violated. In the majority opinion, the Court distinguished between "cognitive capacity" (insanity defense based on a person's limited capacity to " understand what they were doing") and "moral capacity" (an insanity defense based on a person's ability to understand what they are doing is wrong).

The Court held that Due Process rights do not require Kansas to adopt the "cognitive capacity" defense and ruled the "moral insanity" defense would stand. The court found, "the concept of insanity as a defense is a bedrock legal concept...that would be required under Due Process, but that Due Process right does not require any specific version of the defense." Mental health and mental illness is a changing field and this is why it is difficult for the court to change the law that binds our Criminal Procedure. There were shadows of change in the argument. The future can hold more when there is more research and understanding surrounding mental illness. Let's hope for more change in the future.

April, 10 2020

Wed, 29 Jul 2026 15:08:29 GMT

April, 10 2020

Patrick Jones is the first federal inmate to die due to complications from Covid-19. He was the first of five prisoners who have died at Oakdale I Federal Correctional Institution, a small federal facility in Louisiana that holds nearly 1000 men. Oakdale I briefly halted testing for inmates with symptoms because so many had come down with presumed cases.

Patrick had served 13 years of his 27 year nonviolent, drug crime sentence at Oakdale I. His lawyers requested an early release under the terms of the First Step Act, a bipartisan criminal justice reform bill signed into law on December 21, 2018.

Patrick’s wife testified at trial that "together they manufactured and sold the drugs". Prosecutors charged him with 425.1 grams of crack cocaine, even though this "vast quantity was never found." After testifying, his wife received three years of probation.

With his appeal in the process, Patrick's life has now ended with no hope for a clear name and no hope for freedom. He will never be heard again.

The link for a story from The Marshal Project, from which there are some quotes in this post, will be placed in the comments below.

April, 15 2020

Wed, 29 Jul 2026 15:07:44 GMT

April, 15 2020

In Kansas v Glover, the Kansas Supreme Court was to decide if an officer can stop someone based on the assumption that if the owner of the vehicle has a revoked license, an officer can pull them over based on the assumption that the registered owner is driving the vehicle. The Kansas Supreme Court explicitly rejected the "owner is the driver" presumption because it assumes the registered owner is likely disregarding his or her suspension or revocation order based on only the general fact his or her vehicle is being driven.

Earlier this month the Supreme Court reversed and remanded the Kansas Supreme Court decision 8-1 in an opinion delivered by Justice Thomas.

In the opinion, Justice Thomas found that when the officer lacks information negating a hunch that the registered owner is driving the vehicle, an investigating stop after running plates and learning that the registered owner’s driver’s license has been revoked is reasonable under the Fourth Amendment.

Justice Sotomayor had the only dissenting opinion, arguing that this decision would give police officers "free rein to stop a vehicle involved in no suspicious activity simply because it is registered to an unlicensed person. That stop is based merely on a guess or a 'hunch' about the driver's identity." This national injustice has created a presumption that will be difficult to overcome. Allowing officers this kind of discretion will result in more incarcerations for low level driving offenses at best, and dire unintended consequences at worst.

April, 17 2020

Wed, 29 Jul 2026 15:06:51 GMT

April, 17 2020

The Legal Aid Society @legalaidnyc petitioned and successfully advocated for the release of 51 people with parole violations detained at Rikers Island, due to their age or underlying medical conditions amid the Covid-19 pandemic. All their violations were non-criminal and may have resulted in a death sentence had they not been released.

In the release order, Justice Ralph Fabrizio writes, "The seriousness of this health crisis in terms of this writ was tragically and dramatically demonstrated even before the parties appeared for their virtual court appearance at 9:30 am on April 8, 2020." The order mentioned that an inmate who passed from Covid-19 was one of the petitioners in the writ.

While these releases are good news, this story highlights the importance of quick procedure. Hopefully, Orange County will soon follow New York’s courageous and revolutionary efforts to rectify the rights of the innocent.

April, 21 2020

Wed, 29 Jul 2026 15:05:39 GMT

April, 21 2020

On Monday, the U.S. Supreme Court struck down state laws in Oregon and Louisiana that allowed people accused of serious crimes to be convicted by a nonunanimous jury. In Ramos v. Louisiana, the Court was split in the 6-to-3 decision. The decision overturned a prior ruling from 1972, Apodaca v. Oregon, which upheld these nonunanimous verdicts.

In 1898 decision Williams v. Mississippi, the Court found that racial minorities can not be barred from juries. Thereafter, Louisiana added to their state constitution the nonunanimous jury provision which was within a set of amendments that made it difficult for black citizens to participate, with any meaning, in their right to be heard by a jury of their peers. If one or two African Americans were selected for a jury, their participation would be rendered meaningless if they are the only dissenter.

Oregon's history can also trace their nonunanimous ruling to the Ku Klux Klan, who attempted to isolate religious, ethnic, and racial minorities on juries.

In the opinion rendered by Justice Gorsuch, it is stated that, "delegates sculpted a 'facially race-neutral' rule permitting 10-to-2 verdicts in order 'to ensure that African-American juror service would be meaningless.'” Justice Gorsuch disagreed with that standard and ruled the Sixth Amendment to the United States Constitution requires that guilty verdicts for criminal trials must be unanimous.

This decision could affect thousands of ongoing criminal appeals and provide hope for those affected by this now unconstitutional standard.

April, 25 2020

Wed, 29 Jul 2026 15:04:48 GMT

April, 25 2020

Jail and prison officials in Georgia, Alabama, and California are participating in a COVID-19 phone scanning pilot program which has authorized use of Verus, a software created by LEO Technologies. The software was originally designed to prevent suicide attempts and alert authorities of investigative tips. The software scans calls of those in custody all over the country.

The program is specifically alerting the World Health Organization (WHO) when a phone call is flagged by keywords related to Covid-19 symptoms. “It automatically downloads, analyzes, and transcribes all recorded inmate calls, proactively flagging them for review,” explains the Verus 2020 marketing brochure. “The threat level is at 10 now,” said LEO's CEO Scott Kernan, former Secretary of Corrections for California, regarding COVID-19. "Inmates and staff are at a high level of risk. We also have to face the fact of an increased potential for lawsuits. Verus can play a critical role in protecting personnel and inmates while mitigating liability." Jail and Prison officials are concerned with future litigation, which could arise if there was possible neglect or if more preventative steps could have been taken.

This is just a friendly reminder to those with loved ones in custody. Be aware of what you are saying and remember every prison and jail line is recorded.

May 1, 2020

Wed, 29 Jul 2026 15:04:01 GMT

May 1, 2020

PLEASE BE ADVISED: This video is graphic. The boy arrested is age 14.

"He was trying to ask why he was getting arrested... And [the deputy] slammed him down and started punching on him," said Damarkus Cummings, a witness who filmed a video. A Rancho Cordova deputy was recorded during an arrest. He is now under investigation for using excessive force.

After receiving reports of a adult male selling tobacco, alcohol, and drugs to children, the deputy was searching the area and saw a hand-to-hand exchange between a man and a teenager. The deputy pursued the teen and arrested him on the spot.

The teen, who said he was 18, had the accused deputy twice his size, straddled on top of him, holding him down, and punching him in the chest multiple times. Even while the deputy had the teen pinned down, he shoved the teen's face in the dirt and shoved the teens' arms down.

May 6, 2020

Wed, 29 Jul 2026 15:03:19 GMT

May 6, 2020

In Florida, there is battle now underway in a trial for voting rights for people with felony records. In 2018, voters in Florida approved an amendment to their State Constitution allowing people who had completed their sentence to vote.

Soon after the amendment passed, the state legislature passed a bill with further restrictions on voting. They are requiring those with felony records to pay all legal financial obligations before being able to vote. This trial seeks to remove that requirement and allow people to register to vote as soon as they complete parole.

Several non-profit organizations including the ACLU and the Southern Poverty Law Center have sued Florida over the bill, calling it a modern-day poll tax. The trial began Monday, May 4, 2020.

In California, people who are convicted of a felony can re-register to vote once they complete parole. (source - https://www.sos.ca.gov/elections/voting-resources/voting-california/who-can-vote-california/voting-rights-californians/) https://www.npr.org/transcripts/849643065

May 1, 2020

Wed, 29 Jul 2026 15:02:19 GMT

May 1, 2020

This is just a friendly reminder to those with loved ones in custody. Be aware of what you are saying and remember every prison and jail line is recorded.

December 16, 2020

Wed, 29 Jul 2026 14:30:14 GMT

December 16, 2020

JANUARY 5, 2021

On Dec. 11, 2020, the Orange County Superior Court ordered OC jails to decrease their populations by 50% to reduce the risk of COVID-19 infection and additional outbreaks. The county was ordered to file a proposal on how systems will be in place to reduce the population by Dec. 31, 2020. “The court also ordered the jail to continue to take all necessary measures to ensure social distancing ‘until the current COVID-19 emergency is declared terminated.’”

Sheriff Don Barnes admitted in a filing shortly before the order that there had been another outbreak in the OC jail population. Even though “[j]ust last week, the county told Judge Wilson that such an outbreak would be impossible at the jail, that nowhere in Orange County was safer from COVID than the jail, and compared the jail to New Zealand.”

“‘This victory belongs to the incarcerated people who had the courage to speak out about Sheriff Barnes’ failed response to COVID-19,’ said Daisy Ramirez, jails conditions & policy coordinator at the ACLU SoCal.”

This order has major headline shock value, but understand the people that will be released are the most vulnerable. People with underlying conditions or have increased risk of exposure due to age will be prioritized for release. Social distancing is a cornerstone of combatting a social disease, especially one where no cure is widely available. With the amount of inmates currently, social distancing is impossible. This order is very important to protect all people from further infection.

There is hope this new “order will save lives” according to Cassandra Stubbs, director of the ACLU’s Capital Punishment Project.

What is Restitution?

Wed, 29 Jul 2026 14:23:56 GMT

What is Restitution?

NOVEMBER 6, 2020

If you are convicted by a crime either by trial or guilty plea, you will likely have to pay a restitution fine and/or restitution to the victim(s). The goal of restitution is to make a victim whole again after a crime has been committed. “To the extent possible, the restitution order shall be prepared by the sentencing court, shall identify each victim and each loss to which it pertains, and shall be of a dollar amount that is sufficient to fully reimburse the victim or victims for every determined economic loss incurred as the result of the defendant’s criminal conduct.” Cal. Pen. Code § 1202.4 (f)(3). Below, we explain how this can affect you as a defendant or victim.

Direct Order Restitution & California Penal Code § 1202.4 (f), (g)

Under California law, the court can order a defendant to pay restitution to the victim. This type of restitution is referred to as a Direct Order. California Penal Code §1202.4 (f) states that the court must award restitution to the victim in the full amount of the economic loss, including but not limited to:

Full or partial payment for the value of stolen or damaged property. Cal. Pen. Code § 1202.4 (f)(3)(A).
Medical or dental expenses. Cal. Pen. Code § 1202.4 (f)(3)(B).
Mental health counseling expenses. Cal. Pen. Code § 1202.4 (f)(3)(C).
Wages or profits lost due to injury incurred by the victim, and if the victim is a minor, wages or profits lost by the minor’s parent(s) or guardian(s) while caring for the injured minor. Cal. Pen. Code § 1202.4 (f)(3)(C).
If the conviction is for a felony violation of Section 288 (child molestation), the court may order restitution for non-economic losses, including, but not limited to psychological harm. Cal. Pen. Code § 1202.4 (f)(3)(F).
Actual and reasonable attorney’s fees and other costs of collection accrued by a private entity on behalf of the victim. Cal. Pen. Code § 1202.4 (f)(3)(H).
Expenses to install or increase residential security incurred, relating to the crime. Cal. Pen. Code § 1202.4 (f) (3) (J)
Expenses to retrofit a residence or vehicle, or both, to make the residence accessible or the vehicle operational by the victim, if the victim is permanently disabled whether the disability is partial or total, as a direct result of the crime. Cal. Pen. Code § 1202.4 (f) (3) (K).

Attorney’s fees: Attorney’s fees must be actual and reasonable. If the victim fails to provide proof to the court of these fees, the court may deny their request for relief with regard to Attorney’s fees.

Example: Deanna decides to embezzle money from her boss. She is charged with embezzlement and required to pay restitution. Her boss hires a civil attorney to calculate all the costs related to the embezzlement. This attorney’s fee may be required when restitution is calculated and Deanna may be required to pay it.

Full or partial payment for the value of stolen or damaged property: The damages caused by the crimes, such as vandalism, DUI with collision, trespassing, and theft. The value of the stolen or damaged property must be paid back. Even if there was no apparent victim, any damage can cause a request for restitution.

Example: Late one night, Damen had a few too many beers at the bar. After finishing his last drink, he drives home. He sees an officer following him closely in his rear view mirror. Trying to think quickly, Damen pulls a U-turn in the middle of the road and hits the curb 3 times. In this case and because there was a collision, restitution would be ordered as a requirement for any plea or conviction by trial of a DUI with collision. Even though there was no apparent victim, the victim here would be the state agency that owns and maintains the curb. It is not very likely any amount would be requested in this situation, but the state agency has the right to request restitution.

Medical Expenses: These expenses include hospital or ambulance bills, prescriptions, follow-up care, and many other expenses. All of these costs must be as a result of the commission of the crime.

Example: Daniel is trespassing on a commercial property after hours. Daniel is confronted by a security guard patrolling the property, which led to an altercation in which Daniel broke the security guard's leg. If Daniel is convicted of a crime related to this incident (trespassing, assault, battery, causing great bodily injury, and other violent crimes), he would be required to pay for any medical bills associated with the crime.

Wages or profits lost: “‘Lost wages’ for this purpose include any commision as well as any base wages. If a reasonable inference may be made from the evidence presented to show that the victim could find another job even though the victim expressed a desire to do so, the victim should be reimbursed for future lost wages, based on the number of years the victim otherwise would have continued to work and the amount of pay the victim would have expected to receive; in this regard, the People are not required to present vocational rehabilitation expert testimony.” 5 Erwin, Millman, Monroe, Sevilla, & Tarlow, California Criminal Defense Practice: Sentencing and Probation Post Trial Remedies § 91.120(2)(c)(4)

Example: Don attempts an armed burglary at a convenience store using a gun and threatening the cashier. In the commission of this crime, Don fires the gun at the cashier. This causes an injury preventing the cashier from working while he is recovering from the injury. If Don is convicted for a crime related to this incident (burglary, armed robbery, gun charges, and other theft or violent crimes) they would have to pay for the amount of work the cashier missed as a result of the commission of this crime.

What are Restitution Fines? How are they calculated?

Restitution fines are considered an offender’s debt to society for the offender’s criminal behavior. In the State of California, the court must impose a restitution fine regardless of the crime committed or the sentence imposed. A fine is set at the discretion of the court. Fines are a separate matter from Direct Order Restitution paid to the victim(s). In California, restitution fines are paid to the Victims Compensation and Government Claims Board.

Fines for Misdemeanor convictions must fit in the range of $150-$1,000. Cal. Pen. Code § 1202.4 (b) (1).
Fines for Felony convictions must range from $300-$10,000. Cal. Pen. Code § 1202.4 (b)(1).
Fine is calculated with this equation: minimum fine ($150 for Misdemeanors, $300 for Felonies) multiplied by years of imprisonment, multiplied by number of counts convicted. Cal. Pen. Code § 1202.4 (b)(2).
Any funds confiscated at time of arrest count towards restitution fines, except funds confiscated pursuant to Chapter 8, commencing with section 11469 (Seizure and Disposition.) Cal. Pen. Code § 1202.4 (c).
Restitution fine will be imposed unless the court finds compelling and extraordinary reasons not to and states those reasons on the record. Inability to pay does not apply. Cal. Pen. Code § 1202.4 (c).
Defendants have the right to dispute the determination of the amount of restitution.The court may modify on it's own motion or a motion from the DA, victim(s), or defendant. Cal. Pen. Code § 1202.4 (f)(1).

How can an attorney help you fight unreasonable restitution?

Restitution is calculated and collected through the Victim Witness office. The court will evaluate your ability to pay and will generate a monthly payment based on your ability to pay. If you fail to file the Statement of Assets form, the court will find you in violation of your probation and may issue a warrant as a result. If you need to file a Statement of Assets, please contact Christine Martin Law for a free consultation at (949) 424–3040.

Restitution may be required in the following crimes: DUI causing injury, death, or collision, Theft crimes (Larceny, Robbery, Shoplifting), Violent crimes (Assault, Battery, Causing great bodily injury, Use of deadly weapon, Attmept Murder, Murder), Sex Crimes (Lewd Acts, Acts including minors, Rape), and White Collar Crimes (Embezzlement, Fraud, Identity Theft)

Have you been charged with a felony? If yes, you have the right to a Preliminary Hearing.

Wed, 29 Jul 2026 14:21:06 GMT

Have you been charged with a felony? If yes, you have the right to a Preliminary Hearing.

DECEMBER 21, 2020

A preliminary hearing is an evidentiary hearing that is held prior to a felony trial; the goal is to prevent unnecessary arrest and imprisonment by assessing whether there is enough evidence to compel a case to trial. This includes officer testimony, witness testimony, documents, and other pieces that would attribute to your case. You have a right to a preliminary hearing, if you have been charged with a felony. Misdemeanor cases do not trigger the right to a preliminary hearing but a request can be made for a similar hearing.

On the morning of a preliminary hearing, the judge usually calls the preliminary hearing calendar at 9:00 A.M. in Orange County Felony courts. Once the case is called, the DA and defense must answer ready to proceed with the preliminary hearing for the case to move forward. It is important to arrive at court at 8:30 A.M. or the court may issue a warrant for your arrest.

Once both parties announce they are ready, the Felony calendar judge will assign a courtroom. This may take an hour or two. Once a courtroom is ready, the defense and the DA will head to that courtroom to start the hearing. That judge will sit as the magistrate and trier of fact who decides, based on evidence, what factually occurred. Preliminary hearings can last about 30 minutes to 2 hours, depending on the circumstances of the case. However, if there are several charges, witnesses, or immense evidence to be submitted during the hearing, it may last longer than that.

The “prosecution must present sufficient evidence to convince the [judge] that probable cause exists to believe that a crime has been committed and the defendant committed it.” Cal. Crim. Law: Practice and Procedures §8.1 (2019) (citing Cal. Pen. Code §872, §995). The DA will need to show the judge there is probable cause that the alleged defendant committed the alleged crime, in order to move forward with trial.

“The preliminary hearing is like a mini-trial. The prosecution will call witnesses and introduce evidence, and the defense can cross-examine witnesses. However, the defense cannot object to using certain evidence, and in fact, evidence is allowed to be presented at a preliminary hearing that could not be shown to a jury at trial.”

https://www.justice.gov/usao/justice-101/preliminary-hearing

What is a Preliminary Hearing?

Do I have the right to a Preliminary Hearing?

If you are charged with a felony, the first appearance will be the arraignment. At the arraignment, you will be served the complaint by the DA’s office. It will outline the charges against you. At that time, you may enter a plea of not guilty. Once that plea is entered, you have the right to a preliminary hearing within 10 court days or 60 calendar days of your arraignment. There must be good cause for the DA to continue the matter beyond that time frame. If the DA’s office fails to give you a preliminary hearing within those dates, there will be a violation of your right to a speedy trial. U.S. Constitution, art. 1 §6 (“Sixth Amendment”). If there is a violation of that right, the defense has the right to petition for a dismissal.

What are affirmative defenses?

Affirmative defenses are legal defenses that raise new facts or issues not raised in the complaint. These defenses can be used to mitigate civil or criminal penalties of committing crimes to varying degrees. Some examples of this are:

An alibi that corroborates with evidence (i.e., credit card receipts, witnesses, surveillance video.)
If you commit a crime with the reasonable belief that your life is in danger.
Lack of probable cause.

The defense should be very cautious about presenting an affirmative defense at preliminary hearing. If the affirmative defense does not succeed in the preliminary hearing, the defense may be bound to continue that defense during the trial.

Example: There is a fight at a hotdog stand between Tom and Dick. Dick decides to spray Tom with a water bottle and then squirts mustard all over him. Tom holds up his arms defensively and asks Dick to step back. Instead Dick winds up for a punch. Tom knocks him with one punch to Dick’s face. Dick falls back and loses his hearing. He is hearing impaired for the rest of his life. Tom is then charged with felony Assault with the allegation of inflicting Great Bodily Injury. After the preliminary hearing, the argument that Tom acted in self defense can be made as an affirmative defense to the charges. The Assault elements can be attacked as well as the Great Bodily Injury allegation.

What happens after the Preliminary hearing?

If a judge finds that there is sufficient evidence showing probable cause that the crime has been committed and it was committed by the defendant, the judge will “hold the defendant ready to answer.” People v. Slaughter (1984) 35 C3d 629,637; Williams v. Superior Court (1969) 71 C2d 1144, 1147; see Cal Const art I, §14; People v. Encerti (1982) 130 CA3d 791. The prosecution may then file an information to the trial court. The information is similar to the criminal complaint you received at your arraignment. It outlines the charges against you in which the DA is going to attempt to prove at trial.

How can a criminal defense attorney help you with a preliminary hearing?

I can thoroughly examine the charges brought against you and raise doubt that there was a crime committed and that the alleged defendant committed it. A criminal defense attorney will review all evidence and, if appropriate, file a motion to dismiss on insufficiency of the evidence at the conclusion of the preliminary hearing. The DA must prove all elements of a criminal charge with the evidence provided; if the evidence can not convince a judge there is probable cause to support the charges, our criminal law firm would argue for dismissal. A dismissal at a preliminary hearing is highly unlikely, but the argument for a dismissal should be made to preserve the record in the event that there is an appeal.

Do you have a warrant out for your arrest?

Wed, 29 Jul 2026 14:17:03 GMT

Do you have a warrant out for your arrest?

FEBRUARY 17, 2021

Do you have a warrant out for your arrest? Did you fail to appear in court? This is what to do when you have an arrest warrant or a bench warrant in California.

What is a warrant?

In general terms, a warrant is an order issued by a competent officer, usually a judge or magistrate, that permits an act that would violate your individual rights. View the full text of the law here .

For example, an arrest warrant authorizes your arrest and detention, and/or the search and seizure of your property based on the probable cause that you committed a crime. Clearly this is a violation of your Fourth Amendment right against an unreasonable search and seizure of your person would not be legal without the warrant provided.

Arrest Warrant

For an officer to arrest you, they must either see the commission of a crime or have enough probable cause to initiate an arrest. When that probable cause standard is not met but the suspicion of law enforcement remains, an investigation occurs. If that investigation finds that probable cause exists, that is taken to a judge to request a warrant be issued for your arrest.

Bench Warrant

A bench warrant is issued when a defendant violates the rules of court. Usually this means the defendant plainly failed to show up to a mandatory court appearance.

The important distinction between bench and arrest warrants is that an arrest warrant is issued when you are suspected of a crime, and a bench warrant is only issued when you are found in contempt.

View the full text of the law here .

What happens after the warrant is issued?

After a warrant is issued, law enforcement officers will attempt to locate and arrest you. They will bring you into custody immediately when they serve the warrant. The most common places they look are your last known address and where you work. If you are located, you will be arrested and detained.

How can an attorney help you with a warrant?

The very first thing an attorney should be doing is getting that warrant recalled so your case is no longer in warrant status. You are considered a fugitive of the law when a warrant is issued. This basically means that, if successful, law enforcement will cease their search for you. our attorney will aid in getting the ball rolling on the next stage of your case. Prosecution may see hiring an attorney as a commitment from you to see your case through until the end.

Contact our law office today for an experienced attorney to fight for you!

Have you been charged with a criminal offense under Penal Code § 273.5?

Wed, 29 Jul 2026 14:13:30 GMT

Have you been charged with a criminal offense under Penal Code § 273.5?

SEPTEMBER 1, 2021

Penal Code § 273.5 is commonly referred to as domestic violence or domestic battery. To be convicted under this penal code section, the prosecution must show that you:

- Caused an intentional and willful infliction of injury on a current or former intimate partner (spouse, cohabitor, fiancé, dating partner, or child’s parent) where the injury resulted in a traumatic condition, and not an act of self-defense.

A willful infliction is an act committed on purpose from one person to another. A traumatic condition is a wound or a bodily injury, whether minor or serious, that is caused by direct force. In order for a traumatic condition to exist, the condition must be a probable consequence of the injury, the injury must be a substantial factor in causing the condition, and the condition must have happened because of the injury. In other words, the condition must be the result of the the violent action. View the full text of the law here: Penal Code § 273.5.

- Example: Jim and Sarah are a married couple who live in the same house. One day the two get into a fight over a new car. Out of frustration, Jim pushes Sarah out of his way. Sarah trips over a shoe, falls to the ground, and breaks her leg. Jim can be charged with felony domestic violence under Penal Code § 273.5.

What happens after charges are filed?

A domestic violence charge under Penal Code § 273.5 is known in the legal field as a “wobbler.” A wobbler is an offense that can either be a misdemeanor or felony, depending on the severity of the crime. When Penal Code § 273.5 is filed as a misdemeanor, the maximum is a year in county jail or be fined up to $2,000. However, if it is filed as a felony, you can be sentenced in the state prison for two, three, or four years, or in a county jail for one year, or be fined up to $6,000, or both the imprisonment and fine. A felony under domestic violence is considered a strike offense.

Penal Code § 273.5 is a strike offense.

Penal Code § 273.5 is a strike offense under the California Three Strikes Law. A strike offense is a conviction for a serious (robbery, great bodily injury, first-degree burglary, etc.) or violent (murder, rape, kidnapping, etc.) felony. Under the California Three Strike Law, you can face a prison sentence of 25 years to life if you have two strike priors and are currently charged with a third. If you have a previous strike prior and are charged with a second, you can receive double the maximum sentence for that crime. View the full list of California’s Three Strike Law below: Strike Enhancements https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=667.5

Serious Felony Strikes Defined (https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=1192.7)

General Prior Offense https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=667

How can a criminal defense attorney in Laguna Hills, CA help you when you are charged with domestic violence?

A criminal defense attorney may help with reducing the felony charges and possibly removing the strike depending on the case. At our office in Laguna Hills, CA, Attorney Christine Martin has experience in reducing felony charges through mitigating factors and using facts to negotiate the case. Attorney Martin can also represent a person charged with domestic violence at trial to dispute the prosecution's case against you. She uses her experience and understanding of how a domestic violence investigation should be conducted, focuses on the injury and harm associated with the charge, and investigates the facts to discover any disputes there may be in the prosecution’s charges against you. Please contact Christine Martin Law at (949) 424-3040 for a free consultation today.

Penal Code § 243(e)(1)Domestic Battery

Wed, 29 Jul 2026 14:10:49 GMT

Penal Code § 243(e)(1)Domestic Battery

JUNE 25, 2024

What is a Domestic Battery? Domestic battery is a willful or unlawful touching towards a current or former intimate partner (spouse, cohabitant, fiancé, dating partner, co-parent) in a harmful or offensive way, and not an act of self-defense. An unlawful touching can be defined as:

A rude or angry touch
The touching does not have to cause pain or injury.
Contact with another’s clothing
Spitting on another, etc.

A willful act is committed on purpose, there does not need to be an intent to hurt someone, break the law, nor gain an advantage. See the full law here Penal Code § 243(e)(1).

Example: Claire and Paul are in a relationship and hosting a couples game night at their house. Claire is competitive and is set on winning charades. Claire acts out a movie, but Paul is not able to correctly guess the name of it before the timer runs out. Upset, Claire walks back to sit next to Paul on the couch and smacks his arm for losing the round. Claire can be charged for domestic battery.

What defenses are there against a domestic battery charge? Self-defense can be raised as a defense against a domestic battery claim. Proof that force was needed to defend yourself because you felt threatened by immediate harm. Self-defense is an affirmative defense where you admit to have engaged in certain behavior to protect yourself or another. View the full text of the law here (People v. Myers, 61 Cal. App. 4th 328 (1998); People v. Ross, 155 Cal. App. 4th 1033 (2007)).

Example: Claire and Paul are mini golfing on a date night. Claire is losing to Paul, and on the last hole Paul scores a hole in one. Frustrated Claire raises her golf club in Paul’s direction and lunges towards him. Paul grabs the golf club and pushes Claire, she falls into the pond and sustains a broken arm. Paul can use self-defense to help against a domestic battery charge.

How can a criminal defense attorney help you when you are charged with domestic battery? A criminal defense attorney can help with finding alternative solutions to jail. At our office in Laguna Hills, CA, Attorney Christine Martin has had success in finding alternative treatment programs for clients to participate in rather than spending their days in custody. Criminal Attorney Martin can also represent a person charged with domestic battery at trial if there are any disputable issues in the case the prosecution has filed against you. Please contact Christine Martin Law at (949) 424-3040.

Misdemeanor Battery and Assault (Penal Code §§ 242 and 240)

Wed, 29 Jul 2026 14:07:24 GMT

Misdemeanor Battery and Assault (Penal Code §§ 242 and 240)

APRIL 23, 2024

The misdemeanor criminal offense of battery is outlined in Penal Code § 242 “A battery is any willful and unlawful use of force or violence upon the person of another.”

The elements of a battery are:

The defendant used force or violence upon the person of another; and
The force was willful and unlawful.

This crime can be designated to any person who is not a spouse nor in a dating relation. It can be between neighbors, bar patrons, or even complete strangers.

Jamie and Erik work at the same restaurant. Erik hates Jamie and screams at Jamie across the restaurant. Then, Erik rushes Jamie and grabs Jamie’s arm hard and squeezes. The act of violence left a bruise. This is a form of battery. Erik used force by squeezing Jamie’s arm and the force was willful.
Larry and Ronald are in a fight. Larry hits Ronald and Ronald hits Larry. Both could be arrested or cited for battery. Their attorneys would likely argue this was mutual combat and attempt to get the case dismissed.

A person can also be charged with just assault under Penal Code § 240. “An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.”

The elements of an assault are:

Defendant unlawfully committed an act by which its nature would probably and directly result in the application of physical force on another person.
At the time the act was committed, the defendant had the present ability to commit a violent injury on a person.

Example 1: Arnie and Paul are not friends. Arnie sees Paul in his college class and waits for him to leave class. Arnie hides in the bushes and when Paul gets close, Arnie attempts to jump on him and hurt him. Instead, Arnie overcompensates the leap and ends up falling on t6he concrete. Here, Arnie can still be charged with assault because he was trying to commit a violent injury on Paul and if he succeeded could have really hurt him.

Example 2: Elizabeth and April are friends. One day Elizabeth was joking around and punched the wall next to April. Depending on how this case is argued, Elizabeth may still be criminally implicated for assault. April tells the officers she does not want to press charges. The prosecutor still files without April’s consent. An attorney would likely argue that this was never going to result in application of physical force, and it would not cause violent injury. An attorney should use mitigation such as an investigative report about April’s point of view, anger management classes, and the friendship between April and Elizabeth.

Receiving Stolen Property – Cal. Pen. Code § 496

Wed, 29 Jul 2026 14:04:17 GMT

Receiving Stolen Property – Cal. Pen. Code § 496

JUNE 25, 2024

In California, you could be charged with this if you have bought, received, or sold a stolen good. This could be charged as a felony, with prison time, or a misdemeanor with similar punishments as shoplifting. The elements are very complicated. If you have been charged with a complicated theft offense, be sure to hire an experienced Criminal Defense Attorney located in Orange County.(1)

Could you be charged with receiving stolen property(1) if you didn’t know it was stolen?

Yes, if you should have known it was stolen or a reasonable person would know it was stolen.

Example: Keith sells Kelly a new iPhone 15 for $15. Kelly thinks she is getting a great deal. Here, the prosecution will say the value of the phone is much higher than $15, which is common knowledge and, therefore, Kelly should have known and could be charged with Cal. Pen. Code § 496.

What is the punishment for receiving stolen property(1) in Orange County, CA?

For a misdemeanor, a person can serve up to one year with a maximum fine of $1,000. For a felony, a person can serve up to 3 years in prison and a $10,000 fine.

Many alleged victims of stolen property(1) will also request restitution. Restitution is when the defendant makes the victim whole again, when property is stolen(1), restitution is usually returning the items or paying for them.

1. Defendant bought or received property that had been stolen or obtained by theft or extortion.

1. Defendant concealed, sold, or withheld property that had been stolen or obtained by theft or extortion.

1. Defendant aided in concealing, selling, or withholding property that had been stolen or obtained by theft or extortion.

AND (First condition in addition to)

2. Defendant knew the property was stolen or obtained by theft or extortion at the time he or she bought or received the property.

2. Defendant knew the property was stolen or obtained by theft or extortion at the time he or she concealed, sold or withheld the property from the owner.

2. Defendant knew the property was stolen or obtained by theft or extortion at the time he or she aided in concealing, selling, or withholding the property from the owner.

AND

3. The value of the property was less than or greater than nine hundred fifty dollars ($950.00). (This determines whether you will be charged with a felony or misdemeanor.

How does the prosecution prove the knowledge?

The prosecution will use the value of the actual item to imply that person knew it was too good to be true for a legitimate deal. They will also try to use messages with the seller or person who stole the item. They can also use statements made by a person.

Again, the prosecution intends to use video evidence or audio evidence revealing the knowledge. The prosecution can use direct evidence showing the knowledge of stolen property, such as a confession. They will also utilize circumstantial evidence that will require the jury to make assumptions based on evidence.

Example of direct evidence: Police officers are trained to interrogate people who are committing theft offenses, including receipt of stolen property.(1) They will utilize these tactics to encourage a confession. The prosecution will use this confession in trial to prove that you committed the offense.
Example of circumstantial evidence: If the perpetrator paid a low price for the item, the prosecution will ask the jury to assume the perpetrator knew the item was stolen.

What are defenses to receiving stolen property?

Accident: If a person can prove that there was genuine mistake or accident. that is a complete defense to receipt stolen property.
Civil compromise: if a request for payment is sent and you have made the payment, the prosecution can choose to dismiss the case. This means restitution(2) is paid in full. This is governed by Cal. Pen. Code § 1378.(3) There are exceptions that apply also in Cal. Pen. Code § 1377.(4)
Pretrial Diversion: There are several types of diversion you may be eligible for. The best way to find out is to speak with an experienced Criminal Defense Attorney in Orange County.

What does the prosecution have to prove to convict you of Cal. Pen. Code § 496 Receiving Stolen Property(1)?

Can I get an expungement for Receiving Stolen Property(1)?

Receiving Stolen Property(1) can be expunged after the case is over if no prison sentence was connected to the crime. When you want to expunge your record, you must look at the facts and circumstances surrounding the case. To see if you are eligible for an expungement, you should have your charges analyzed by an experienced Criminal Defense Attorney in Orange County, CA.

Are there immigration consequences of being convicted of Receiving Stolen Property(1)?

Yes, a plea to this conviction would be considered a Crime Against Moral Turpitude according to the Ninth Circuit Court of Appeals. Contact an experience Criminal Defense Attorney in Orange County, CA to see what other options you could have when charged with this crime. An experienced Criminal Defense Attorney should be able to help protect your immigration concerns during your criminal case.

What other related theft charges could be misdemeanors?

Petty Theft - Cal. Pen. Code § 484(a):(5) This can be a misdemeanor with similar punishments or it can be a felony which includes prison time. This depends on whether the amount of the theft is more or less than $950. The elements of a petty theft do not include intent so prosecutors are more willing to charge someone with this type of offense because it is easier to prove beyond a reasonable doubt.

Shoplifting is a misdemeanor crime, and the statute specifies the amount must be under $950. If the property stolen amounts to more than $950 you could be charged with a felony. (8). Unlike Petty Theft(1), Shoplifting does not require an actual theft.

Petty Theft with a prior - Cal. Pen. Code § 666:(6) Prosecutors will look at your previous criminal history before filing this charge. If they see you have priors, they can instead charge you with this code section. This can be charged as a misdemeanor or a felony. If it is a felony, it carries the maximum of 3 years in prison and $10,000 fine.

Statute for Receiving Stolen Property(1) § 496

(a) Every person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. However, if the value of the property does not exceed nine hundred fifty dollars ($950), the offense shall be a misdemeanor, punishable only by imprisonment in a county jail not exceeding one year, if such person has no prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph(2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290.

A principal in the actual theft of the property may be convicted pursuant to this section. However, no person may be convicted both pursuant to this section and of the theft of the same property.

(b) Every swap meet vendor, as defined in Section 21661 of the Business and Professions Code, and every person whose principal business is dealing in, or collecting, merchandise or personal property, and every agent, employee, or representative of that person, who buys or receives any property of a value in excess of nine hundred fifty dollars ($950) that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170.

Every swap meet vendor, as defined in Section 21661 of the Business and Professions Code, and every person whose principal business is dealing in, or collecting, merchandise or personal property, and every agent, employee, or representative of that person, who buys or receives any property of a value of nine hundred fifty dollars ($950) or less that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be guilty of a misdemeanor.

(c) Any person who has been injured by a violation of subdivision (a) or (b) may bring an action for three times the amount of actual damages, if any, sustained by the plaintiff, costs of suit, and reasonable attorney’s fees.

(d) Notwithstanding Section 664, any attempt to commit any act prohibited by this section, except an offense specified in the accusatory pleading as a misdemeanor, is punishable by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170.

Can I get an expungement for Receiving Stolen Property(1)?

1. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=496

2. https://christinemartinlaw.com/what-is-restitution

3. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1378.&lawCode=PEN

4. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1377.&nodeTreePath=5.12.10&lawCode=PEN

5. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=484

6. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=666

Shoplifting(1)– Cal. Pen. Code § 459.5

Wed, 29 Jul 2026 13:58:49 GMT

Shoplifting(1)– Cal. Pen. Code § 459.5

What is shoplifting?(1)

JUNE 25, 2024

Shoplifting is a misdemeanor crime, and the statute specifies the value of the stolen goods must be under $950. If the property stolen amounts to more than $950 you could be charged with a felony.(1) Unlike Petty Theft(6) , Shoplifting does not require an actual theft.

What is the punishment for shoplifting in Orange County, CA?

The punishment is up to 6 months in jail and a fine of $1,000. This punishment can vary based on prior shoplifting convictions. Prior convictions can lead to felony charges.(1) Felony charges can result in up to 3 years in prison and up to $10,000 in fines.

Large corporate retailers do not have to report you immediately. They can take their time and collect evidence. Supercenters like Target or Walmart are experts with loss prevention.

*Special note:* If you are also charged with burglary or theft, you are not criminally liable. There is a specific part of the statute (P.C. §459.5(b)) that excludes any other offense if charged with PC § 459.5(a). The prosecution must dismiss these charges. If you are charged with these offenses, hire an experienced Criminal Defense Attorney in Orange County, CA to represent you.

What does the prosecution have to prove to convict you of Cal. Pen. Code § 459.5(a) Shoplifting(1)?

The prosecution must prove elements of a crime beyond a reasonable doubt to a jury. In order to prove shoplifting(1), the prosecution must show that the defendant:

Entered a commercial establishment during business hours; AND,
Intend on to commit a theft of a total amount of $950 or less.

The property does not have to be taken off the premises of the commercial business. Even if it is given back, a person accused of shoplifting(1) can still be charged with the crime.

The prosecution can use video evidence. They can get video from the store cameras or an employee’s phone. They will also use Body Worn Camera evidence from police if the agency that arrested you utilizes that technology.

How does the prosecution prove the element of intent?

Again, the prosecution intends to use video evidence or audio evidence revealing the intent. The prosecution can use direct evidence showing the intent, such as a confession. They will also utilize circumstantial evidence that will require the jury to make assumptions based on evidence.

Example of direct evidence: Police officers are trained to interrogate people who are committing theft offenses, including shoplifting.(1) They will utilize these tactics to encourage a confession. The prosecution will use this confession in trial to prove that you committed the offense.
Example of circumstantial evidence: If the perpetrator was seen putting items in their bag or their pocket and then racing to the front door, the prosecution is going to tell the jury to assume you intended to leave with the items.

What are defenses to Cal. Pen. Code § 459.5(a) Shoplifting?(1)

Mistaken identity: if there is evidence that proves you were not there at the time, securing an alibi, or if the video is unclear and there is doubt on who the person could be.
Lack of intent: the prosecution may not have a confession, and this makes it extremely difficult to show intent.
Civil compromise: if a request for payment is sent and you have made the payment, the prosecution can choose to dismiss the case. This means restitution(2) is paid in full. This is governed by Cal. Pen. Code § 1378.(3) There are exceptions that apply also in Cal. Pen. Code § 1377.(4)
Pretrial Diversion: There are several types of diversion you may be eligible for. The best way to find out is to speak with an experienced Criminal Defense Attorney in Orange County.

How does the prosecution prove the element someone entered a commercial establishment during business hours?

Can I get an expungement for shoplifting?(1)

Shoplifting(1) can be expunged after the case is over. When you want to expunge your record, you must look at the facts and circumstances surrounding the case. To see if you are eligible for an expungement, you should have your charges analyzed by an experienced Criminal Defense Attorney in Orange County, CA.

Are there any immigration consequences of being convicted of shoplifting?(1)

A shoplifting(1) conviction might have immigration consequences because this is a Crime Against Moral Turpitude. While deportation for this offense is rare, it is very possible and could prevent you from gaining other types of immigration status. Contact an experienced Criminal Defense Attorney in Orange County, CA that will protect your immigration concerns during your criminal case.

What are other related theft charges that could be misdemeanors?

Receiving stolen property – Cal. Pen. Code § 496:(5) In California, you could be charged with this if you have bought, received, or sold a stolen good. This could be charged as a felony, with prison time, or a misdemeanor with similar punishments as shoplifting.(1) The elements are very complicated. If you have been charged with a complicated theft offense, be sure to hire an experienced Criminal Defense Attorney located in Orange County.

Petty Theft - Cal. Pen. Code § 484(a):(6) This can be a misdemeanor with similar punishments or it can be a felony which includes prison time. This depends on whether the amount of the theft is more or less than $950. The elements of a petty theft do not include intent so prosecutors are more willing to charge someone with this type of offense because it is easier to prove beyond a reasonable doubt.

Petty Theft with a prior - Cal. Pen. Code § 666:(7) Prosecutors will look at your previous criminal history before filing this charge. If they see you have priors, they can instead charge you with this code section. This can be charged as a misdemeanor or a felony. If it is a felony, it carries the maximum of 3 years in prison and $10,000 fine. A conviction under Cal. Pen. Code § 666 has immigration consequences. If you have been charged with this crime and have immigration concerns, contact a Criminal Defense Attorney immediately.

Statute for Shoplifting(1) § 459.5

(a) Notwithstanding Section 459, shoplifting(1) is defined as entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours, where the value of the property that is taken or intended to be taken does not exceed nine hundred fifty dollars ($950). Any other entry into a commercial establishment with intent to commit larceny is burglary. Shoplifting shall be punished as a misdemeanor, except that a person with one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph(2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290 may be punished pursuant to subdivision (h) of Section 1170.

(b) Any act of shoplifting(1) as defined in subdivision (a) shall be charged as shoplifting.(1) No person who is charged with shoplifting(1) may also be charged with burglary or theft of the same property.(1)

1. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=459.5

2. https://christinemartinlaw.com/what-is-restitution

3. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1378.&lawCode=PEN

4. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1377.&nodeTreePath=5.12.10&lawCode=PEN

5. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=496

6. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=484

7. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=666

Petty Theft - Cal. Pen. Code § 484(a)

Wed, 29 Jul 2026 13:44:56 GMT

Petty Theft - Cal. Pen. Code § 484(a)

What is a petty theft(1)

JUNE 25, 2024

The statute for petty theft is quite complicated:

Every person who shall feloniously steal, take, carry, lead, or drive away the personal property of another, or who shall fraudulently appropriate property which has been entrusted to him or her, or who shall knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other person of money, labor or real or personal property, or who causes or procures others to report falsely of his or her wealth or mercantile character and by thus imposing upon any person, obtains credit and thereby fraudulently gets or obtains possession of money, or property or obtains the labor or service of another, is guilty of theft.

In the end, an experienced Criminal Defense Attorney can break things down for you and see what your best options are.

What elements does the prosecution need to prove to the jury?

During trial, the prosecution must use evidence to prove the elements, or different aspects, of the charged offense.

Defendant committed a theft; AND
The amount of the property is more or less than $950.

One crucial difference between shoplifting and petty theft(1) is intent. The prosecution does not need to take extra steps connecting the intent to steal the item. Only the theft needs to be proven.

Can a petty theft(1) be a felony?

Yes, it is considered a wobbler. Petty theft(1) crimes can be either a felony or a misdemeanor. If the amount is over $950, a felony grand theft can be charged. If the amount is under $950, a misdemeanor petty theft(1) would be charged. There are other factors that would make the theft a felony such as using force or fear, utilizing a weapon, stealing from a protected person or an official, and priors.

Petty Theft(1) with Priors – Cal. Pen. Code § 666(2)

Prosecutors will look at your previous criminal history before filing this charge. If they see you have priors, they can instead charge you with this code section. This can be charged as a misdemeanor or a felony. If it is a felony, it carries the maximum of 3 years in prison and $10,000 fine.

A person can serve up to one year in jail and $1,000 in fines. Many alleged victims of petty theft(1) will also request restitution. Restitution is when the defendant makes the victim whole again, in petty thefts(1), restitution is usually returning the items or paying for them.

What are defenses to Cal. Pen. Code § 484(a) Petty Theft(1)?

Mistaken identity: if there is evidence that proves you were not there at the time, securing an alibi, or if the video is unclear and there is doubt on who the person could be.
Claim right to property; if you have proof that the property is yours or you paid for the property, it is a complete defense to Petty Theft.
Civil compromise: if a request for payment is sent and you have made the payment, the prosecution can choose to dismiss the case. This means restitution(2) is paid in full. This is governed by Cal. Pen. Code § 13783). There are exceptions that apply also in Cal. Pen. Code § 1377(4).
Pretrial Diversion: There are several types of diversion you may be eligible for. The best way to find out is to speak with an experienced Criminal Defense Attorney in Orange County.

Can I get an expungement for Petty Theft(1)?

Petty theft(1) as a misdemeanor: can be expunged after the case is over. When you want to expunge your record, you must look at the facts and circumstances surrounding the case.
Petty theft(1) as a felony: may be able to get expunged, depending on the sentencing.

To see if you are eligible for an expungement, you should have your charges analyzed by an experienced Criminal Defense Attorney.

What types of Petty Theft(1) are there?

Theft by larceny

This is the most common type of petty theft.(1) This means personal property, money, real property, or value of labor was taken. This can include several things:

Jewelry
Clothes
Makeup
Shoes
Electronics
Medication
Alcohol
Cash
Cigarettes

Theft by embezzlement

When someone is trusted with money and they take all or some of it, they can be charged with theft by embezzlement. If the amount is under $950, it would be charged as a felony.

Example: Monica runs the register at a local candle store. Steve comes in and purchases a black flame candle which he intends to light on Halloween. The item costs $15. Monica charges $20 for the item. Monica pockets $5 of money. Because Monica intends on keeping it, she could be criminal liable for theft by embezzlement.

Theft by fraud

When someone lies or uses deceit to take something, they can be charged with theft by fraud.

Example: A Canadian prince Phillipe emails Katie and requests she sends him money because his assets are tied up and he’s unable to access his money. He promises Katie that he will reimburse her the money when he can. This Canadian prince was actually not a prince but a person named Phil that convinces people to give him money in this manner. Because Phil does not reimburse people and does not intend to reimburse people, he could be guilty of theft by fraud.

What immigration consequences can a conviction have for petty theft(1)?

It depends. A petty theft(1) conviction might have immigration consequences. While deportation for this offense is rare, it is very possible and could prevent you from gaining other types of immigration status. It could prevent a resident from naturalizing to become a citizen or someone from obtaining a green card. Contact an experienced Criminal Defense Attorney in Orange County, CA that will protect your immigration concerns during your criminal case.

What is the punishment for misdemeanor petty theft(1)?

What are similar theft cases that could be misdemeanors or felonies?

Petty Theft with a prior - Cal. Pen. Code § 666(5): Prosecutors will look at your previous criminal history before filing this charge. If they see you have priors, they can instead charge you with this code section. This can be charged as a misdemeanor or a felony. If it is a felony, it carries the maximum of 3 years in prison and $10,000 fine. If you have been charged with a complicated theft offense, be sure to hire an experienced Criminal Defense Attorney located in Orange County, CA.

Shoplifting is a misdemeanor crime, and the statute specifies the amount must be under $950. If the property stolen amounts to more than $950 you could be charged with a felony(6). Unlike Petty Theft(1), Shoplifting does not require an actual theft.

Receiving stolen property – Cal. Pen. Code § 496(6): In California, you could be charged with this if you have bought, received, or sold a stolen good. This could be charged as a felony, with prison time, or a misdemeanor with similar punishments as shoplifting. The elements are very complicated.

1. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=484e.

2. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=666.

3. https://christinemartinlaw.com/what-is-restitution

4. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1378.&lawCode=PEN

5. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1377.&nodeTreePath=5.12.10&lawCode=PEN

6. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=496

7. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=459.5

Understanding Proposition 6: California’s Failure to End of Involuntary Servitude in California Prisons

Wed, 29 Jul 2026 12:58:19 GMT

Understanding Proposition 6: California’s Failure to End of Involuntary Servitude in California Prisons

What is Proposition 6?

May 12, 2025

Proposition 6 was introduced to End Prison Labor. The proposition would amend the California Constitution to prohibit involuntary servitude in any form. It is lawful to force labor on people who are incarcerated in California. A Yes vote would have ended slavery in general, and specifically through the form of indentured servitude at prisons. A No vote would keep the provision in the constitution. California voted against it.

https://voterguide.sos.ca.gov/propositions/6/

“Proposition 6 garnered support from Democratic party leaders, labor unions and dozens of advocacy groups who viewed their efforts as part of a national movement to end a racist legacy and abolish slavery.” Key supporters included Assemblymember Lori Wilson and organizations such as the ACLU California Action and there was no official opposition was submitted. Even with support and no opposition, California voted against it.

https://calmatters.org/politics/elections/2024/11/california-election-result-proposition-6-fails/

“The measure would have amended the state’s constitution to repeal language that allows involuntary servitude as a form of criminal punishment, making work assignments voluntary and allowing incarcerated people to prioritize their rehabilitation.”

https://calmatters.org/politics/elections/2024/11/california-election-result-proposition-6-fails/

What is prison labor?

Prison labor can be a voluntary or an involuntary labor that an incarcerated individual participates in for payment or is forced to participate as a part of punishment. They are often paid less than $1 an hour or paid nothing for doing work for a specific company or for the prison or jail itself. This can be a variety of jobs including firefighting, landscaping, cleaning, construction, or making clothing.

https://www.newsweek.com/california-keeps-slavery-prison-system-1981693

What are the fire camps and the California Conservation (Fire) Camps Program?

“[California Department of Corrections and Rehabilitation] CDCR, in cooperation with the California Department of Forestry and Fire Protection (CAL FIRE) and the Los Angeles County Fire Department (LAC FIRE), jointly operates 35 conservation camps, commonly known as fire camps, located in 25 counties across California. Two of the camps are for incarcerated women. CDCR employees oversee the fire camps, which are all minimum-security facilities.”

https://www.cdcr.ca.gov/facility-locator/conservation-camps/

“Since World War II, California has relied on a unique group of firefighters to battle its conflagrations: inmates. Prisoners who want to enter the Conservation Camp Program must meet security requirements and undergo two weeks of training. “ These crews are made up from incarcerated people who live in fire camps and are led by experts at CAL FIRE.

https://www.smithsonianmag.com/history/the-history-of-californias-inmate-firefighter-program-180980662/

During the 2024 fires in Los Angeles, news has highlighted the efforts of incarcerated fire fighters. “Though their numbers have fluctuated over the years, they have often comprised approximately one-third of California’s firefighting force.”

https://www.smithsonianmag.com/history/the-history-of-californias-inmate-firefighter-program-180980662/

“They earn between $2.90 and $5 a day depending on their duties—and slightly more when actively fighting a fire.” Even when actively in fires, while working 24 hours a day, fire camp individuals may only receive $34-36 a day.

https://www.smithsonianmag.com/history/the-history-of-californias-inmate-firefighter-program-180980662/

If you would like to donate to the Anti Recidivism Coalition: https://antirecidivism.org/donate/

For those who have already donated, many of the incarcerated individuals have received new boots and new equipment. This upgrade is much needed because the incarcerated individuals were working will 30-year-old equipment while fighting the fires in 2024.

“Camp participants support state, local and federal government agencies as they respond to all types of emergencies such as fires, floods, and other natural or manmade disasters. Crews also maintain parks and assist with sand bagging during flood fighting operations and reforestation.”

https://www.cdcr.ca.gov/facility-locator/conservation-camps/

What is the historical context of slavery and indentured servitude?

Indentured servitude is a type of contract, usually unbalanced and favoring the owner of the contract. People will enter a contract to get passage into America, food, clothing, shelter, or money, in exchange for labor. https://thisvsthat.io/indentured-servants-vs-slaves

Slavery is when someone loses their personhood and they are considered property of the owner. Slaves are usually kidnapped and forced to do manual labor for no pay and in fear of severe consequences like whippings or death. There is no contract and it is not voluntary. https://thisvsthat.io/indentured-servants-vs-slaves

California has a history of slavery that can be dated back to when there were Spanish missions conquering the land and kidnapping Indigenous People and holding them hostage in camps and forcing them to work. This included men, women, and children. The Spanish also forced Catholicism on the Indigenous People to erase their culture.

https://calindianhistory.org/california-indian-involuntary-servitude-apprenticeship-and-slavery-primary-sources/

What companies use prison labor?

Here are some companies that utilize the use of less than $1 an hour services or involuntary prison labor:

Walmart: Manufacturing tasks

https://www.bloomberg.com/news/articles/2020-06-24/walmart-reviews-prison-labor-policy-after-civil-unrest-over-race

McDonald’s: processing frozen foods https://www.mcdonalds.com/gb/en-gb/terms-and-conditions/modern-slavery-act.html

Compaq: creating circuit boards. There is not much online regarding this company and its commitment to preventing involuntary labor.

Wendy’s: processing frozen foods

https://www.wendys.com/sites/default/files/2018-04/2017%20Wendy%27s%20Supplier%20Code%20of%20Conduct_FINAL.pdf

Sprint: call centers to provide 24/7 customer support. Sprint has publicly stated they are against involuntary or forced labor.

Verizon: utilizes white-collar criminals to assist clients and has stated publicly none of the prisoners are forced.

Avis: call centers. https://macmillan.yale.edu/glc

Aramark: https://investigate.afsc.org/company/aramark

https://www.careeraddict.com/prison-labour-companies

With the current climate, there is a list of places to boycott: https://www.pb-resources.com/hubs/labor/index.html

What are companies that have been working to eliminate prison labor use in their companies?

Nintendo has taken serious steps, releasing a report “Forced Labor and Child Labor in Supply Chains Report” in 2024. They have implemented various human rights policies, conducted third-party audits, and developed action plans to mitigate these risks

The Company has taken the following steps to prevent and reduce the risk of forced labor and child labor occurring in its activities and supply chains:

• Implementation of various human rights policies and procedures to ensure forced labor and child labor is not taking place anywhere in its supply chains.

• Implementation of anti-forced and anti-child labor contractual clauses, standards, codes of conduct, and compliance checklists.

• Audit and monitoring of its suppliers through third-party audits

• Continuous internal monitoring of the Company’s socially responsible procurement conduct.

• Development of an action plan for addressing forced labor and child labor risks in its supply chains and remediation measures in the event of a reported or identified incident.

• Development of various risk and prioritization metrics to focus on the most severe risks of forced labor and child labor.

https://csassets.nintendo.com/noaext/image/private/t_KA_PDF/Forced_and_Child_Labor_in_Supply_Chains_Report?_a=DATC1RAAZAA0

https://www.justice.gov/crt/involuntary-servitude-forced-labor-and-sex-trafficking-statutes-enforced

Prop 36 and the Offender Treatment Program in Orange County, CA

Wed, 29 Jul 2026 12:53:11 GMT

Prop 36 and the Offender Treatment Program in Orange County, CA

What is Proposition 36?

May 12, 2025

“ Proposal: This measure amends state law to (1) create a new court process for certain drug possession crimes, (2) require a warning of future criminal liability for people convicted of drug distribution, (3) increase penalties for certain drug crimes, and (4) increase penalties for certain theft crimes. Some of these changes would undo certain reductions in punishment enacted by Proposition 47.”

The courts are actively working to fit into this structured proposal. In Orange County, there is now a process that must be done for new drug and theft crimes. Hire a criminal defense attorney today to guide you through that process.

One of the new programs is called the Offender Treatment Program (OTP):

A client may be offered OTP. There are several documents to be submitted to accept it. Clients are recommended to be there to expedite but they shouldn't be required. We may have to get forms notarized if 977. Once forms are signed and with the court, client has 30 days to enroll.

Client must pay for and provide DNA ($75).

Entering requires a guilty plea and waiving time for sentencing. This means there is a risk of possible jail time for failure to comply. If the client violates repeatedly, the offer will be likely revoked and the client would be sentenced in accordance with the terms of the guilty plea up front. If you are in OTP and your interests no longer align with the program, reach out to an experienced Orange County Criminal Defense Attorney to discuss your options.

Client agrees to be evaluated and participate in a treatment program.

Each program is tailored to the individual. It may require 4-6 months of monitoring with 2 days a week in programming for 6 hours. It may be more or less. Everything will be needs based.

Medi-cal will cover expenses. Other insurance may or may not cover expenses.

Once a proof of completion is offered, the case will end in a dismissal.

To understand Proposition 36, we can also reflect on Proposition 47 which in essence reduced many drug and theft crimes to misdemeanors. Proposition 36 has increased the punishments and makes them subject to being priors, which means increased punishments for repeat offenders.

Why did this law change?

Shoplifting has been at it’s highest since 1998 and commercial burglary has increased as well. “Smash and grab” situations have become very prevalent in the news. People are most concerned about theft and drug crimes.

https://www.ppic.org/blog/commercial-burglaries-fell-in-2023-but-shoplifting-continued-to-rise/

Reasons why this law was passed is due to the group of “prosecutors, law enforcement and large retailers who rallied in favor of Prop. 36.” They lobbied to Vote YES on Prop 36 because they believed previous “sentencing reforms went too far and created a revolving door for people to repeatedly commit crimes without being held accountable.”

https://calmatters.org/justice/2024/12/prop-36-new-california-laws/

Based on the statistics, shoplifting had a sharp decline during the pandemic and rose again back in 2022. What the legislature failed to consider is, these statistics are not a complete picture. Shoplifting may have gone down for other reasons such as limited staffing to find shoplifting, limited prosecution due to lowering jail population, opportunities for diversion.

https://www.ppic.org/blog/commercial-burglaries-fell-in-2023-but-shoplifting-continued-to-rise/

Even with all these possible correlated and causation issues, the state and the people found a need for change. The vote won by almost 6 million votes, the stats showing a 68.4% Yes and a measly 31.6% No.

“It’s a clear mandate from the public that we need to take a new approach on public safety issues, specifically hard drugs, retail theft and fentanyl,” said Jeff Reisig, Yolo County District Attorney. 

https://calmatters.org/justice/2024/12/prop-36-new-california-laws/

With all these new changes in the law it is important to find an experience Orange County criminal defense attorney to help assist you in navigating the legal justice system.