In California, battery charges are “wobblers,” meaning they can be charged as either misdemeanors or felonies, depending on the circumstances of the alleged crime. Typically, simple battery cases without aggravating factors are charged as misdemeanors. However,...
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Legal News & Editorial Articles
Can You Secretly Record Someone in CA?
California's legal landscape places a strong emphasis on privacy rights, particularly when it comes to recording conversations. Operating under "two-party consent" laws, the state makes it generally illegal to secretly record discussions without the consent of all...
How Are Under 21 DUIs Handled in California?
It’s no surprise that people under 21 years old are drinking alcohol despite the laws prohibiting them from doing so, but what happens if you are caught drinking and driving if you are under 21? California has a "zero-tolerance" policy for underage drinking and...
Can I Get Off the Sex Offender List?
In 2021, California enacted Senate Bill 384, heralding a transformative shift in its approach to the sex offender registry. Previously, once an individual's name was entered into this registry, it became a lifelong commitment. However, under the new legislation,...
More New Law Changes for 2023
Governor Newsom signed hundreds of new bills into law that took effect beginning this year. We will be highlighting many of them throughout the year. Here are just a few more: SB 1228 (DNA from Rape Kits) In 2016, a property crime case was issued against a sexual...
New Law Highlight – January 2023
Most people look forward to the fireworks at midnight on New Year’s Eve, but at the Law Office of David P. Shapiro, we get excited when the new year is ushered in with the passage of new laws that benefit our clients. We are happy to report that lawmakers appear to be...
The Burden of Proof at a Preliminary Hearing in San Diego
First, let’s discuss what a preliminary hearing is. A preliminary hearing is a “mini trial” that comes after the arraignment and before the trial. It takes place when you are charged with a felony offense. There is no preliminary hearing for misdemeanor charges in...
When Should You Hire a Criminal Defense Attorney?
You should hire a criminal defense attorney whenever there is a realistic chance of being charged with a crime. “Wait and see” is oftentimes the worst strategy imaginable. In fact, it is not a strategy at all, but rather gives up all control of your future to the...
I’ve Been Arrested, Now What?
Being arrested can be a very traumatic experience and even more so when you have no idea what to do or what to expect. A lot of people feel lost and powerless through the process. It is important to know that you can regain control of the situation by being proactive...
Reasons You May Be (Lawfully) Pulled Over by Law Enforcement
Speeding This one is a no brainer. It is by far the most common reason a driver would get pulled over. Depending on how fast the driver is going and if there is any accident or injuries, this may even lead to serious criminal charges that go beyond a simple speeding...