California Criminal Law | California Traffic Tickets | Constitutional Rights

Can my old traffic tickets land me in jail?

Yes!  Looking up my traffic tickets on the Los Angeles County Superior Court website and searching under the driver’s license look-up, I found a few unresolved items listed.  I see that I have four unresolved tickets from various courthouses in the greater Los Angeles area. The “status” section has four different messages.  The first cases…

California Criminal Law | California Traffic Tickets | Constitutional Rights

When a failure to pay the court cashier can be fixed by counsel

Can my failure to pay the court cashier be fixed by counsel? I wisely chose my civic opportunity to fight my bogus traffic ticket in court. At arraignment the Judge told me that I can have my case dismissed by paying the correction fee, or another conditional amount. A plea was never given, and I…

California Criminal Law | California Traffic Tickets | Constitutional Rights

Can the ticket I got on my vacation place a hold on my license?

While visiting the great state of California, I was stopped by a police and issued a traffic ticket for speeding.  I was looking for my hotel in an unfamiliar location, and I was in a hurry to start my vacation. The officer issued a citation of the Vehicle Code for speeding (VC § 22349), a…

California Criminal Law | California DUI law | California Traffic Tickets

My Fine is How Much! What is a Penalty Assessment, and how is it Calculated?

Penalty Assessment is an evil word in traffic court.   Imagine that you are driving down the street and suddenly you notice the red and blue lights of a police cruiser in your rearview mirror. Thinking you have done nothing wrong, you slow down and pull over to allow the officer to pass when you…

California Criminal Law | California Traffic Tickets | Celebrities and the Law | Constitutional Rights

Celebrities and Special Court Treatment

Celebrities and Special Court Treatment   If you have been following the court trials of the rich and famous over the past couple of years, you may feel that being a celebrity allows a defendant special treatment because of their status in popular culture. Often times, media reports suggest that because of a defendants perceived…

California Criminal Law

Civil Recovery Demand Letters under 490.5

Civil Recovery Demand Letters      Some people are surprised to learn that California has a “Civil Recovery” statue on the books for shoplifting or petty theft cases, section PC §490.5(b).  California Penal Code section 490.5(b) provides that retailers can recover between $50 and $500 dollars from an individual accused of shoplifting even in the…

California Criminal Law | California DUI law | California Restraining Orders | California Traffic Tickets

Exceptions to 977(a): When a Defendant must appear on a California Misdemeanor charge

Penal Code 977(a) outlines the familiar rule that attorneys love to use for a California misdemeanor charge.   Where the accused is charged in California criminal court with up to a misdemeanor only, the defendant may appear by counsel only. Attorneys favor this for a verity of reasons, no waiting on or being rushed by…

California Criminal Law | California Family Law | California Restraining Orders | Constitutional Rights

How to prove your case for a California Restraining Order

             a.      Types of Orders In California there are generally three options of Restraining Orders, Civil Harassment, Domestic Violence, and Elder or Dependent Adult abuse.  Each option deals specifically with the type of relationship shared between the person asking for protection, referred under the law as the Petitioner, and the…