No, California is not one of the U.S. states with a duty to retreat law. This means that there is no legal obligation for someone to retreat from an encounter as long as they are in a location where they are legally allowed to be. In some cases, this may just mean...
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Family Law
What, exactly, is wire fraud?
Many people have heard the term "wire fraud" in news reports involving federal criminal cases, but few understand what the charge actually means. Despite the name, unlawful wire fraud is not limited to complicated financial schemes or large corporations. It is a broad...
Do you have to sell your shared business during divorce?
You and your spouse are joint business owners, and you have been working together for years. However, your spouse recently filed for divorce, and now you are wondering what that is going to mean for the future of your business. Because the business is a marital asset,...
How do you use your right to remain silent in California?
When exercising your right to remain silent in California, it is best to clearly state your intention out loud. If a police officer is questioning you during or after an arrest, simply inform them that you would like to use your right to remain silent. You do not have...
How drug courts help adults accused of criminal offenses
Drug offenses and drug-related crimes are common in California and throughout the country. Individuals who get caught while in possession of illegal drugs or who commit crimes because of their substance abuse disorders may end up involved in the criminal justice...
Using the exclusionary rule to weaken a prosecutor’s case
There are numerous criminal defense strategies that can help to prevent a conviction. Some defendants have alibis that can show they were present elsewhere at the time of a crime. If the case goes to trial, information that raises questions about the prosecution’s...
How much impact does proof of fault have on California divorce?
Spouses preparing for divorce often want to make it clear that the end of the marriage was not their fault. They may go so far as to hire private investigators to find evidence of misconduct, such as adultery. Doing so can help them feel confident about choosing to...
Why all Californians should know about the 911 Good Samaritan Law
It can take only seconds for “casual” drug use to turn deadly. When someone is suffering an overdose, getting emergency help can mean the difference between life and death. Unfortunately, people who are with the overdose victim too often flee the scene without...
Does a sealed record still exist?
In California, one form of post-conviction relief (PCR) is to have your record sealed. This can be done through a court order, so it is very important to know the correct legal steps to take to request that the record be sealed and make your case. If that request is...
When should you tell your spouse you want a divorce?
If you have concluded your marriage is not working, but are wondering when the right time is to tell your spouse you want a divorce, you are not alone. This is one of the questions people ask themselves earlier in the process. Well, there is no perfect time to...