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Channel: Law Offices of Daniel R. Perlman » Criminal Defense
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Calling 911 and Filing a False Report

What some people consider worthy of a 911 emergency call can sometimes seem just a little over the top. Consider the infamous case of an Arizona couple who called 911 when their fast food order arrived...

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California’s Disturbing the Peace Laws

In California, whenever someone acts in a way that disrupts the public order or disturbs the peace and tranquility of the community, they are in violation of Penal Code 415 PC. Disturbing the peace...

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Claiming Self Defense in California

In California, self defense can be a viable legal defense in some situations. This means that you can’t be found guilty of a violent crime that you committed in order to protect yourself, as long as...

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Buying Alcohol for Minors In California

Many Californians can relate to an experience common to those who have had the occasional need to purchase alcohol at the neighborhood convenience store. Needing just the right bottle of wine to go...

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Allowing an Unlicensed Minor to Drive in California

A recent tragic car accident occurred in Southern California when a sixteen-year-old boy crashed an older BMW into a freeway embankment, killing five other teens. The driver, who survived the crash,...

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Destroying or Concealing Evidence in California

In the era of electronic communications, many daily transactions such as sales, medical records, and transfer of funds are accomplished online. While these transactions leave a digital trail, this...

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California Law on Driving without a License

Due to state funding problems, California newscasts often feature DMV offices with lines outside the building or sometimes even with closed doors being angrily shaken by citizens firm in their belief...

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Motions to Suppress Evidence

There have been instances when law enforcement conducted searches for which they either had no warrant or obtained a warrant that was in violation of constitutional law. When a prosecutor seems likely...

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Pre-Trial Motions in California

After the preliminary hearing, and before a criminal case goes to trial, the prosecutor and the defense team usually appear before a criminal court judge and make pre-trial motions. Pre-trial motions...

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California Domestic Violence Law

In recent months domestic violence has often come to dominate the cable news cycle. Almost daily, reports of new incidents appear. Most high profile incidents have involved men and their spouses or...

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Chronic Truancy Laws in California

California law requires that all children between the ages of 6 and 18 attend school, as well as maintain good attendance records. An adult’s actions or negligence in allowing truancy can be a...

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Shooting at an Inhabited Dwelling or Occupied Car

Assault weapons, like AK-47s, have come to be a firearm of choice in many urban shootings. They fire a relatively small caliber bullet at very high velocities which allows them to travel through walls...

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Violating a Restraining or Protective Order

A law enforcement officer, responding to a domestic violence call, may find reasonable grounds to believe that a person is in immediate danger of domestic violence. In this situation, the officer can...

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Battery on a Peace Officer

California law states individuals who commit battery offenses against police officers and other professionals performing official duties will face harsher penalties than for assaults committed against...

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The Required Reporting of Elder Abuse

Under California law, the crime of elder abuse can be considered as either criminal or civil in nature. Criminal elder abuse occurs where any person who knows that a person is an elder willfully causes...

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Annoying Phone Calls

In California, persons making phone calls and other communications of a certain nature or frequency may be guilty of a misdemeanor that can result in a county jail term. Annoying or harassing phone...

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Proposition 47 Reduces Penalties for Some Crimes

The recent election (November 4, 2014) saw the voters of California approve Proposition 47, a measure which reduced the penalties for some crimes in an attempt to reduce prisons costs and crowding via...

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The Thanksgiving DUI

A bottle of wine is a seemingly natural accompaniment for a Thanksgiving dinner. For some, this happy coincidence may lead to having a little too much to drink. But, at the end of the evening, they get...

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Protesting and Unlawful Assembly in California

While the First Amendment offers broad freedom of assembly protections, not all assemblies are construed to be legal. California state law narrowly defines and prohibits “assemblies which are violent...

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Tampering with or Planting Evidence

Often the verdict in a criminal trial will hinge on a single bit of physical evidence. Avid fans of television’s criminal investigation shows are keenly aware of this occurrence. But, what happens when...

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