Rizio and Nelson California Law Blog

Internet Pornography

You could be found in possession of pornographic materials by the mere presence of pornographic images on your computer hard drive, regardless of how or when those images were obtained. The definition of internet content as “pornography” is vague and subject to personal interpretation (normally that of both the jurors present and the judge presiding over the case) and prosecutors often...

California Obscenity Laws

If you were convicted of a sex crime, you should be aware that it may be possible to appeal the conviction. Defendants should appeal and make absolutely certain that they must register as a sexual offender. The social stigma associated with being a registered sex offender makes it hard to not only obtain employment, but can also affect your ability to form personal relationships or find a place to...

Prostitution Laws

The following actions may result in a prostitution charge: a) Any act committed with the intent to sexually arouse or gratify. b) Loitering in or around any public toilet for purposes of engaging in or soliciting any lewd, lascivious, or unlawful act. c) Loitering or wandering the streets or place to place without any apparent reason and refusing to identify or account for his or her presence when...

California DMV Hearings

Placing the Burden in DMV Hearings The DMV must bear the burden of proof in the Administrative Per Se (APS) hearing. This means that there is more evidence balanced in favor of driving under the influence of alcohol. State law has mandated that the burden rests with the DMV to justify its order of driver’s license suspension. Legally Relevant Issues There are only 3 legally relevant issues during...

Possession of Marijuana

The State of California treats drug offenses very seriously, prosecuting offenders to the full extent of the law whenever it is possible. However, the laws surrounding the possession of marijuana can be confusing and it can be intimidating to face these charges if one does not harbour a thorough understanding of the state laws. This makes it ultimately important to seek the advice and counsel of a...

California Obscenity Laws

Displaying obscene content on your adult website or home page is a punishable crime in most parts of the United States. Truth be told, which images or ideas are “obscene” varies widely within different minds and communities even just in the United States, and adult site webmasters should be aware that they can be prosecuted to the full extent of the law for violating obscenity laws. The...

About Parole

If you are on parole, or may be eligible for parole soon, it is very important to understand the rules and regulations that define the conditions of your parole. All parolees, no matter what the crime, have many conditions they have to meet. They include: responsibility to initiate communication with the parole officer where the parolee has to live, including which county, and sometimes excluding...

When in trouble – know where to turn

The criminal justice system categorizes crimes by two types for statistical purposes: Part I crimes and Part II crimes. The FBI records the information in the Uniform Crime Reporting Program. Agencies that contribute to this data, such as police departments, submit the information to the FBI once a month. They write, “In 2002, law enforcement agencies active in the UCR Program represented...

Juvenile Facilities are Downsizing Too

According to a February 22 article on the Department of Justice Website, the Heman G. Stark Youth Correctional Facility has been closed. The article states, “At its peak, it housed approximately 2,000 youth, nearly a fifth of the 10,000 youth committed to state custody.” Gordon Hinkle and Bill Sessa write, “Closure of the facility in Chino, which had been the state’s largest for juvenile...