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December 2017 Archives

Is an ignition interlock system the key to starting your car?

Like many people in California, you may have, at some point in your life, made a choice that you later regretted. For instance, perhaps you went out with friends once and chose to get behind the wheel of a car to drive after imbibing alcohol. You only had a drink or two, so you really didn't think it was that big of a deal at the time, until you wound up facing DUI charges after a police officer pulled you over on the way home.

What is Megan’s Law?

If you have ever been convicted in any state of a sex-related crime involving a child and are now living in California, you must register as a sex offender in this state. The California Department of Justice’s Megan’s Law Website sets forth full information regarding Megan’s Law, Section 290.46 of the California Penal Code, that was passed in 1996. The law is named for seven-year-old Megan Kanka, whose neighbor raped and murdered her. Although he was a known child molester, he nevertheless had been allowed to move across the street from Megan’s family without their knowledge.

What is sexual harassment?

If you are a California employer or independent contractor, you may not be aware that California law requires you to train all your supervisory employees in how to prevent sexual harassment in the workplace. The California Department of Employment and Housing defines sexual harassment as not only an unwanted sexual advance, but also any form of physical, verbal or visual sexual conduct that harasses someone of the opposite or same sex as that of the harasser.

Can you really be prosecuted for graffiti?

If you are a young California resident thinking about putting some of your “art work” on someone else’s property, you may wish to think again. Section 594 of the California Penal Code defines graffiti as any type of unauthorized design, figure, mark, words or inscription that you paint, draw, etch, write or scratch on someone else’s real or personal property without his or her permission. This includes a building, a vehicle, a sign, or any other kind of property.

What raises a DUI to a felony DUI?

Every crime has varying degrees of severity. When it comes to driving under the influence, there is a big difference in a DUI and a felony DUI. According to California law, what raises a standard DUI charge to felony level status?

Refuting larceny charges

FindLaw summarizes theft laws in California by first defining theft - a crime against property - and then emphasizing burden of proof. Prosecutors, they say, "must establish the defendant's intent to permanently take or withhold the property owner's possession or right to the property." At Leupp & Woodall, we understand the ins and outs of defending against larceny charges and often assist clients who face them.