by Andy Chen | Jun 12, 2021 | California, Criminal law, Law School Help
In today’s post, I’m going to go over the California crime of Identity Theft. In this series of posts that I’ve, apparently, labeled “Law School Help,” I’m going to try and go over terms (e.g. common criminal offenses) that ordinary people might have heard and provide a basic description of the legal authority (e.g. the particular statute section), the elements involved, and any sentence that the offense in question might carry. In prior posts, I’ve gone over questions like “What is Consideration?” and “What is a Common Carrier?” If you’re a law school student and you’re reading this, hopefully this series of posts provides you more real-world or practical knowledge compared to the more abstract or theoretical concepts you’re learning about in the classroom. Anyway, the topic today is the criminal offense of Identity Theft. Identity Theft is, unfortunately, extremely common. Some of you reading this have probably been the victims of it yourself. In California, Identity Theft is a crime and it’s covered under Section 530.5 of the California Penal Code. Section 530.5 goes over several different flavors of identity theft which I’ll go over in a moment, but the underlying offense of Identity Theft consists of: Willfully obtaining Personal Identifying information of another person Using that Personal Identifying information for any unlawful purpose. “Unlawful purpose” includes, but is not limited to, obtaining or attempting to obtain credit, goods, service, real property, or medical information This use of the Personal Identifying information is done without the consent of this other person. If you want to look it up, this is all in Section 530.5(a) of the California Penal...
by Andy Chen | Jun 7, 2021 | California, Criminal law
In today’s installment of my “Law School Help” series, I’m going to go over the California crime of False Imprisonment. As with my other posts in this series, my intent is to basically translate terms (e.g. specific criminal offenses) that the average layperson might have heard before into specific code sections that can be googled. If you’re a law school student, hopefully these posts provide you a more real-world or practical perspective of the subjects you’re learning about in the abstract/theoretical environment of your classroom. For completeness, California also has a civil cause of action for False Imprisonment (i.e. where the victim can sue the perpetrator for money). I wrote a post about the California civil cause of action in 2017. You can view that here. New York also has a civil cause of action for False Imprisonment. I wrote about that in 2017 as well. You can view that here. Anyway, that said, the underlying crime of False Imprisonment in California is defined in Section 236 of the California Penal Code. Section 236 is surprisingly short and says: “False imprisonment is the unlawful violation of the personal liberty of another.” Thus when it comes to elements or criteria, the underlying basic or vanilla offense of False Imprisonment involves: Defendant intentionally and unlawfully restraining, detaining, or confining a person, and Defendant’s action caused the victim to stay or go somewhere against their will The possible sentences for False Imprisonment are described in Section 237 of the California Penal Code, which states the following: “(a) False imprisonment is punishable by a fine not exceeding one thousand dollars ($1,000), or by...
by Andy Chen | Jun 4, 2021 | California, Criminal law, Law School Help
In today’s post, I’m going to go over the California crime of Burglary. In this series of posts that I’ve, apparently, labeled “Law School Help,” I’m going to try and go over terms (e.g. common criminal offenses) that ordinary people might have heard and provide a basic description of the legal authority (e.g. the particular statute section), the elements involved, and any sentence that the offense in question might carry. In prior posts, I’ve gone over questions like “What is Consideration?” and “What is a Common Carrier?” If you’re a law school student and you’re reading this, hopefully this series of posts provides you more real-world or practical knowledge compared to the more abstract or theoretical concepts you’re learning about in the classroom. In California, the crime of burglary is defined in Section 459 of the Penal Code. Section 459 is a bit long, but it says the following: “Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, as defined in Section 21 of the Harbors and Navigation Code, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, railroad car, locked or sealed cargo container, whether or not mounted on a vehicle, trailer coach, as defined in Section 635 of the Vehicle Code, any house car, as defined in Section 362 of the Vehicle Code, inhabited camper, as defined in Section 243 of the Vehicle Code, vehicle as defined by the Vehicle Code, when the doors are locked, aircraft as defined by Section 21012 of the Public Utilities Code, or...
by Andy Chen | Aug 12, 2020 | California, Criminal law
Today’s post will be short. I’m going to go over the right to have a lawyer appointed for you in a criminal case and how that is handled in California state court. Most of you — at least I hope it is most of you — have heard of the 6th amendment to the US Constitution which says the following: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.” (emphasis added) The part I’ve bolded and underlined is where a criminal defendant’s right to an attorney comes from. If you’re familiar with the Miranda Warning — or at least seen it on TV before — that also mentions a criminal defendant’s right to have an attorney. “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?” (emphasis added) What this right to counsel means in the real-world, though, can be quite involved. Some...
by Andy Chen | Aug 7, 2020 | California, Criminal law, Statutes... and stuff
Over the last several months, the Los Angeles Police Department has been involved in a scandal where several of its officers have been accused of adding people to California’s CalGang database without sufficient cause. The Los Angeles Times has reported on this extensively. Some officers have been criminally charged with falsifying the evidence and documentation needed to justify adding someone to CalGang. Allegedly, these officers were fabricating this evidence in order to meet quotas instituted by LAPD’s data-driven culture about how many people they needed to add to CalGang. Failure to meet those numbers would presumably have been used as evidence individual patrol officers were not doing their jobs, not being productive, etc. The LAPD has now been sued civilly for this scandal by people who allege that they suffered injuries (e.g. job loss) as a result of being improperly included in CalGang. In this post, I’m going to go over two sections of California’s Penal Code — sections 186.34 and 186.35 — pertaining to how individuals who have been added to CalGang can challenge their inclusion. These two statutes, obviously, are not specific to the city or county of Los Angeles. If you have a problem with CalGang elsewhere in California, these statutes might be helpful for you as well so read on. What is CalGang? Let’s start from the basics. CalGang is a statewide database maintained by the California Department of Justice. Like any database, it is meant to provide a single source for accurate information about a particular subject that multiple parties can draw upon. According to the CalGang website, CalGang’s purpose is to “provide law...
by Andy Chen | Apr 11, 2020 | California, Constitutional Law, Criminal law
In this post, I’m going to go over a situation that I’m sure we’ve all seen. I’m not sure how often it occurs in reality, but when it does occur, it always seems to go viral. Can you take a photograph or video of law enforcement when they’re making an arrest or detaining someone for an investigation? A lot of the videos I’ve seen before where, for example, someone tries to record law enforcement officers making an arrest involve one or more of the officers threatening or informing the person to put their camera away because making a recording “interferes” or “obstructs” the officers in some way. Three thoughts come to my mind in response to a statement like that: There are enough cameras nowadays everywhere that we’re all being videotaped and photographed in some way every day. This doesn’t even consider the stuff that people voluntarily share on social media. It’s implausible for anyone to expect that anything they do out in the open on a public street is private or confidential in anyway. If you want privacy, confidentiality, etc, you’re not going to find it on a public street. Government is supposed to be transparent as well which means that any government employee (e.g. law enforcement officers) should expect that the public would be interested in what they do. For all of these reasons, I personally don’t buy in to the argument that merely recording or photographing law enforcement officers detaining someone, arresting someone, etc is obstruction, interference, or is in some way improper. If you feel similarly and you’re in California, you’re in luck because California...
