Rizio and Nelson California Law Blog

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...

Home Invasion Legal Issues

Desperate times sometimes result in drastic actions.  Desperate times, desperate measures. That’s how the saying goes, and most of the time, we say it lightly. However, it is a sign of these difficult economic times when we see in the papers and on the news more and more crimes of theft, robbery, and home invasion. With unemployment rates still high, the chances are that many people will...

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...

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...

Terrorism – The Importance Of A Solid Defence

The United States of America is aggressively pursuing prosecution of anyone they suspect is involved in terrorist activity. The punishments are harsh, with some states employing the death penalty in severe cases (the Timothy McVeigh case, for example). Even pranksters can find themselves in front of a jury for making criminal threats and face up to $250,000 USD and five years in a federal correctional...

Solicitation of a Prostitute

Solicitation of a prostitute is in reference to a person attempting to incite lewd conduct from another person. Solicitation to engage in lewd conduct is characterized by a specific intent to engage in that conduct. Specific intent is intent specifically seeking a particular result. In a prostitution case, the result is an act of lewd conduct. Lewd conduct is the specific intent to sexually arouse,...