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Penal Code 653m: Harassing Phone Calls and Texts in California (Elements, Defenses, and Penalties)
Penal Code section 653m makes repeated or threatening calls, texts, and electronic messages a misdemeanor. Here is what the prosecutor must prove, the common defenses, and how a 653m charge interacts with restraining orders and custody cases.
Daniel Gramling, Esq.
18 hours ago9 min read


Drug Charges in Joshua Tree, Yucca Valley, or Twentynine Palms: What Happens at the Joshua Tree Courthouse
Drug possession and sales cases from Joshua Tree, Yucca Valley, Twentynine Palms, and Highway 62 are generally heard at the Joshua Tree courthouse. Here is how the charges, diversion programs, and defenses work in the Morongo Basin.
Daniel Gramling, Esq.
18 hours ago10 min read


Can My Case Be Dismissed for Delay? Speedy Trial Rights in California Under Penal Code 1382
California gives criminal defendants statutory and constitutional speedy trial rights, and a case that misses the deadlines can be dismissed. Here are the Penal Code 1382 time limits, what a time waiver does, how Serna and Barker motions work, and the mistakes that forfeit the right.
Daniel Gramling, Esq.
2 days ago11 min read


Battery on a Police Officer in California: What Penal Code 243(b) and 243(c)(2) Require
Charged with battery on a peace officer in California? Here are the elements of Penal Code 243(b) and 243(c)(2), the excessive force and lawful performance defenses, how it differs from resisting arrest, the penalties, and how these cases actually resolve.
Daniel Gramling, Esq.
3 days ago11 min read


Can You Get a DUI While Sleeping or Parked in Your Car in California?
California DUI law requires proof that you drove, and sleeping it off in a parked car is not driving. Here is how the Mercer rule works, when officers can still arrest you, how prosecutors try to prove driving circumstantially, and what to do if you were charged.
Daniel Gramling, Esq.
4 days ago10 min read


Can You Be Convicted of Domestic Violence Without the Victim Testifying in California?
California prosecutors routinely pursue domestic violence cases when the alleged victim refuses to testify. Here is how the Confrontation Clause, the hearsay exceptions, and the evidence actually collected at the scene determine whether the case survives.
Daniel Gramling, Esq.
4 days ago11 min read


Arrested in Santa Ana or Tustin? What to Expect at the Central Justice Center
A practical guide to what happens after an arrest in Santa Ana, Tustin, or Orange: booking at the county jail, release, the first court date at the Central Justice Center in Santa Ana, and the decisions that shape the case.
Daniel Gramling, Esq.
4 days ago10 min read


How Does a Criminal Appeal Work in California? Misdemeanor and Felony Appeals Explained
A criminal appeal in California is not a new trial. It is a review of the record for legal error, with strict deadlines of 60 days for felonies and 30 days for misdemeanors. This guide explains what can be appealed, the certificate of probable cause after a guilty plea, the record and briefs, the standards of review, bail pending appeal, and the difference between an appeal and a habeas petition.
Daniel Gramling, Esq.
5 days ago13 min read


Is It Illegal to Carry a Knife in California? Penal Code 21310 and Dirk or Dagger Charges Explained
California does not ban knives, but it criminalizes carrying a concealed dirk or dagger under Penal Code 21310, switchblades under Penal Code 21510, and blades at schools and public buildings. Here are the elements the prosecutor must prove, the defenses that work, and the penalties and collateral consequences.
Daniel Gramling, Esq.
5 days ago13 min read


DUI in Yucca Valley or Twentynine Palms? What to Expect at the Joshua Tree Courthouse
A practical guide to DUI cases from Yucca Valley, Twentynine Palms, Joshua Tree, and the rest of the Morongo Basin: the Highway 62 stop, booking, the 10-day DMV hearing deadline, arraignment at the Joshua Tree courthouse, military diversion for Marines, and the defenses that actually move these cases.
Daniel Gramling, Esq.
5 days ago14 min read


Can the DA Refile Charges After a Dismissal in California? Penal Code 1387 Explained
A dismissal is not always the end of a California criminal case. Here is when the prosecutor can refile, how the two-dismissal rule in Penal Code 1387 works, and how speedy trial rights, the statute of limitations, and double jeopardy limit refiling.
Daniel Gramling, Esq.
6 days ago11 min read


Is Driving Without a License a Crime in California? Vehicle Code 12500 Explained
Driving without a valid license under Vehicle Code 12500 can be charged as a misdemeanor or an infraction. Here is what the prosecutor must prove, the defenses, the impound rules, and how getting licensed before court changes the outcome.
Daniel Gramling, Esq.
6 days ago12 min read


Arrested in Glendale or Burbank? What to Expect at the Glendale and Burbank Courthouses
A practical guide to a criminal arrest in Glendale or Burbank: booking, release, the first court date at the Glendale or Burbank courthouse, and how misdemeanor and felony cases move in Los Angeles County.
Daniel Gramling, Esq.
6 days ago11 min read


How Does Discovery Work in a California Criminal Case? Penal Code 1054 and Brady Explained
The police report is only the beginning. Under Penal Code 1054.1 and Brady v. Maryland the prosecutor must turn over witness statements, body camera footage, lab results, and anything that helps the defense. Here is what you are entitled to, when, what the defense must disclose in return, and how to compel it.
Daniel Gramling, Esq.
7 days ago12 min read


Is Trespassing a Crime in California? Penal Code 602 Explained
Trespassing in California is usually a misdemeanor under Penal Code 602, but some versions are infractions and a few are felonies. Here is what the prosecutor must prove, the defenses that work, the penalties, and why trespass is one of the most common reductions from burglary and vandalism charges.
Daniel Gramling, Esq.
7 days ago13 min read


Domestic Violence Charges in Barstow or Fort Irwin: What to Expect at the Barstow Courthouse
A domestic violence arrest in Barstow, Fort Irwin, Yermo, or Newberry Springs moves fast: a protective order at arraignment, a bail hearing, and a prosecutor who files even when the other person wants to drop it. Here is how the Barstow courthouse handles these cases and what a defense looks like.
Daniel Gramling, Esq.
7 days ago14 min read


Cited and Released for a Misdemeanor in California? Do I Need a Lawyer for a Citation?
A misdemeanor citation with a promise to appear is a criminal case, not a ticket. Here is what cite and release under Penal Code 853.6 means, what happens at the court date, and why the weeks before arraignment matter.
Daniel Gramling, Esq.
Oct 2310 min read


DUI in Irvine, Newport Beach, or Costa Mesa? What to Expect at the Harbor Justice Center
A DUI arrest in Irvine, Newport Beach, Costa Mesa, or Laguna Beach usually lands at the Harbor Justice Center in Newport Beach. Here is what happens at arraignment, the DMV deadline most people miss, and how these cases are defended.
Daniel Gramling, Esq.
Oct 2312 min read


Second DUI in California: What Happens With a Prior DUI Within 10 Years?
A second DUI within ten years in California is still a misdemeanor, but it carries mandatory jail, an 18-month program, a two-year DMV suspension, and an ignition interlock. Here is how the ten-year lookback works, what the court and the DMV do, and how second-offense cases are defended.
Daniel Gramling, Esq.
Oct 2211 min read


Is Self-Defense a Legal Defense in California? How It Works in Assault, Battery, and Homicide Cases
Self-defense is a complete defense to assault, battery, and even homicide charges in California when you reasonably believed you were in imminent danger and used no more force than necessary. Here is how the rule works, who has the burden of proof, and where defendants go wrong.
Daniel Gramling, Esq.
Oct 2212 min read
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