Crime of “Carrying a Concealed Weapon” in California In California, it is illegal to carry a firearm in public that is concealed in most situations, under Penal Code section 25400: 25400. (a) A person is guilty of carrying a concealed firearm when the person does any of the following: (1) Carries concealed within any vehicle that…
How Crimes are Defined Crimes in every jurisdiction are defined by certain “elements”, which usually include a combination of a prohibited action and required state of mind. For instance, the crime of Residential Burglary requires: (1) The defendant entered a residential home; and (2) When the defendant entered the home, he had the intent to…
Background re: Plea Agreements and Waiver Forms If your attorney is unable to convince the Court or District Attorney that the charges against you should be dismissed, and going to trial or a contested hearing is not an advisable option for your case, it is not uncommon for a case to resolve in a negotiated…
Getting Access to Police Personnel Records to Assist the Defense in Criminal Cases Usually, the defense in a criminal case is entitled to all evidence that may be helpful to the defense, or within the possession of the prosecutor. See Brady v. Maryland (1963) 373 U.S. 83, 87; Cal. Penal Code § 1054.1. Evidence that…
