Thursday, January 5, 2012
California Vehicle Code §14601 and its related sections prohibit driving when you know that your driver’s license has been suspended or revoked. These offenses are misdemeanor crimes, subjecting you to possible county jail time and substantial fines. Suspended or Revoked? It doesn’t particularly matter. While various subsections of CVC §14601 identify separate crimes, each pertains to the same type of offense: Driving in California while your driver’s license is suspended or revoked. Successful prosecution under CVC §14601 requires that prosecutors can prove, beyond a reasonable doubt, that you were driving with the knowledge that you weren’t permitted to do so…. Read the Rest
Tuesday, January 3, 2012
(a.k.a. terrorist threats) A “criminal threat” is when you threaten to kill or physically harm someone AND that person is thereby placed in a state of reasonably sustained fear for his/her safety or for the safety of his/her immediate family, AND the threat is specific and unequivocal AND you communicate the threat verbally, in writing, or via an electronically transmitted device. Successful prosecution of “criminal threats” does not require that you have the ability to carry out the threat. Nor does it matter that never actually intended to execute the threat. Possible Defenses Even if a threat was made,… Read the Rest
Tuesday, January 3, 2012
Californians will no longer be able to carry handguns openly in public, buy alcohol at self-serve checkout stands or purchase shark fins for their soup under hundreds of new laws that take effect Jan. 1. Other measures bar minors from tanning beds, allow students to be suspended for cyber-bullying and require booster seats for children in cars until they are 8 years old or at least 4 feet, 9 inches tall. Despite another year of budget shortfalls, the 760 bills that Gov. Jerry Brown signed into law in 2011 included several that cost money. Among them: new funding for a… Read the Rest
Monday, January 2, 2012
When I graduated Paramedic school in 1989, the world was a much different place. The Internet was a rumor among computer geeks. Digital cameras were the stuff of science fiction and spy movies. Cell phones came in briefcases and video cameras were for rich parents to record dance recitals. And when a citizen complained about something we (allegedly) said or did, a supervisor handled it and it was over. Those days are gone. Today the world can surf the Internet, look at photos, and watch digitally recorded videos on cell phones that capture those high definition photos and videos and… Read the Rest
Saturday, December 31, 2011
When the jury in the Conrad Murray trial announced the guilty verdict, traditional and cyber-media exploded. Some say justice was done, others disagree. Even now, as the world awaits the sentence, all media has and continues to exploit every possible angle to squeeze every drop of juice it can before, like every other “big” story, it becomes yesterday’s news. As an EMS attorney, I have very strong feelings about the trial. Not about the guilt or innocence of the defendant, and not about the dubious character of the late Michael Jackson. Rather, my concern is for the lessons to be… Read the Rest
Sunday, October 30, 2011
As I continue to travel around the country meeting and speaking to the real heroes, the folks who get EMS done, I am touched by the universal commitment they share; a commitment to providing the best possible care for those who depend on them. That commitment makes me proud to be even a small part of this industry. Sadly, there seems to be a dark side that is equally universal. A side that is not brought up by the participants in the classes I teach, but in private or quiet one-to-one moments in between sessions or over dinner or drinks… Read the Rest
Thursday, September 8, 2011
In California, the crime of “assault” occurs when you perform an act that is likely to result in the application of force to another person. There is no requirement that an assault must actually result in a violent or forceful act upon another. For the crime to be complete, you: 1. attempted to commit such an act, and 2. had the ability to do so. Also known as “simple assault,” California Penal Code §240 is a misdemeanor when the alleged victim doesn’t suffer any significant injury. On the other hand, Penal Code §245(a)(1) “aggravated assault” (a.k.a. “assault with… Read the Rest
Friday, July 15, 2011
Penal Code §647(b) PC Yes, it’s the “oldest profession in the world,” yet to this day prostitution is prosecuted aggressively as a crime throughout California. Prostitution is most simply defined as exchanging money, goods, or services for a sexual act. California prostitution law under Penal Code 647(b) PC prohibits • engaging in the act of prostitution, and • offering or agreeing to engage in a sexual act (otherwise known as “solicitation”). After reading this article, you may be left with additional questions. The Law Offices of David J. Givot welcome your call at 888/293-0396. Closer Look at Prostitution… Read the Rest
Thursday, April 28, 2011
Maybe the younger version of yourself did not always make the best decisions. Now, years later, you are older, wiser, far more responsible and not as wild, but your record still shows that you have been convicted of a crime… That fact does not make you a bad person and it should not have to follow you for the rest of your life! If you have successfully completed probation and kept out of trouble, you may be able to have the crime expunged from your record. Even if you are still on probation, you may be able to have your probation… Read the Rest
Saturday, April 2, 2011
There’s NO SUCH THING AS “OFF THE RECORD!” I have told you not to talk to police. I shared a Law Professor’s lecture to illustrate my point. Now, I give you a lecture from a Police Officer who will tell you that I AM RIGHT! If you have any more questions, call Attorney David Givot at (888)293-0396.
