What is the “Ban the Box” Law?

The “box” in question is the common check-box inquiry on many job applications that ask, “Have you ever been convicted of a felony?” The“ Ban the Box” Law means that employers  have to wait until later in the hiring process before asking about a candidate’s criminal past, making it illegal to pre-screen applicants with criminal » Read more

What is a “Writ Of Prohibition”?

A writ is simply a directive from the Court of Appeal to a lower tribunal to do something or stop doing something. Unlike appeals, which are heard as a matter of right, writ relief is deemed extraordinary, equitable and discretionary. Because of this, appellate courts generally grant writ relief only when the petitioner (1) has » Read more

What is a “Writ of Certiorari”?

Certiorari is a Latin word meaning “to be informed of, or to be made certain in regard to”.  It is the name given to certain appellate proceedings for re-examination of actions of a trial court, or inferior appeals court.  http://www.techlawjournal.com/glossary/legal/certiorari.htm A “Writ of Certiorari” is also known as a Writ of Review. A “writ” is » Read more

What is the Law Against Manufacturing, Selling, or Possessing Dangerous Weapons in San Diego?

California’s law against manufacturing, selling or possessing dangerous weapons, is found in California Penal Code 12020. This California firearm law actually prohibits two distinct crimes. The first crime is engaging in any of these activities (manufacturing, selling or possessing) with specific firearms or other “inherently dangerous” weapons.  The specific guns and weapons banned by this offense » Read more

What Pleas are Available to a California Criminal Defendant?

There are six (6) pleas available to a criminal defendant in California as written in the California Penal Code Section 1016.  The most commonly encountered are the pleas of ” guilty”, ” not guilty”, and “nolo contendere”. California Penal Code 1016   1016.  There are six kinds of pleas to an indictment or an information, or to » Read more

What is a Bifurcated Trial in California?

Commonly, “BIFURCATE” means to cause to divide into two branches or parts; or to bisect, halve, or, split in two. In a court of law, a Bifurcated Trial is a trial that is divided into stages: one stage to establish guilt or liability, and the other stage to establish damages or punishment Bifurcated Civil Trials In » Read more

What is the Stalking Law in California?

The California Stalking Law is found in the California Penal Code Section 646.9.  The law began in 1990 in response to a number of celebrity stalking cases. Today the stalking law is more frequently used by average people who allege they are being stalked. CPC 646.9 defines stalking: (a)        Any person who willfully, maliciously, and » Read more