Blog Posts in 2013

  • Criminal Case: The Verdict and Appeal

    || 18-Dec-2013

    Once the jury has deliberated and they all area able to agree on a decision, they will return and present their decision to the court. They may find the defendant not guilty and this is referred to as an acquittal. When this occurs, the defendant will be released from custody and due to the double jeopardy law, they cannot be charged for the crime again. When they are found not guilty this is ...
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  • The Trial Process

    || 11-Dec-2013

    For a case that has yet to be resolved, it can be taken all the way to court. At this point the defendant has a right to decide how they want the trial to take place. They can either be heard by the court or by a jury of their peers. Many individuals select to have the jury of their peers since they are hoping they can sway their opinion. Both attorneys are involved in the process of selecting the ...
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  • The Process of a Criminal Case: PreTrial

    || 4-Dec-2013

    Following the arraignment in a criminal case, the process can vary depending on the charges and the plea that was made by the defendant. When the defendant pleads not guilty in a misdemeanor case, the discovery period will take place. This is when the defense and prosecution exchange information that relates to the case. Next, both sides can file pretrial motions if they choice and they also have ...
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  • Criminal Charges: Arraignment

    || 27-Nov-2013

    Following an arrest, the case will need to be started. This is done through the police writing up a report of what took place. This will offer a summary of the events and it can be useful in the remainder of the case. Typically, the person being charged will not have access to the report, but their legal representation will. Next, the prosecutor will need to review the situation and decide what ...
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  • Understanding the Arrest Process

    || 20-Nov-2013

    The beginning of a criminal case starts at the arrest. The details of this event will be important and will be scrutinized if the case moves further along in the process. If the case eventually goes to trial than each aspect of the arrest will likely be looked over. In order for an officer to make an arrest, probably cause must exist. This means that there is a reason for the citizen being taken ...
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  • California Driver's License for Undocumented Residents

    || 25-Oct-2013

    California on Thursday joined the growing list of states that allow immigrants who are in the U.S. illegally to obtain driver's licenses -- a measure supported not only by Latino activists but by police chiefs and insurance authorities. Democratic Gov. Jerry Brown signed the bill in front of a cheering crowd of immigrants and their supporters, predicting other parts of the country will follow ...
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  • The Death Penalty in California is Dead

    || 23-Jul-2013

    Having a death penalty satisfies the primal human urge for revenge. Unfortunately, nobody is ever executed in California. Thus, the primal urge is never satisfied. The death row inmate lives a privilaged life compared to all of the other inmates, a huge irony in itself. The cost of keeping 700+ inmated on death row for 30 years is costing California tens of billions of dollars annually. We are ...
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  • Riverside County District Attorney Race 2014

    || 9-May-2013

    2014 promises to be an interesting year if you practice criminal law law in Riverside County. DDA Michael Hestrin has announced his intent to run against incumbant Paul Zellerbach in 2014. Zellerbach, a former Riverside County Deputy District Attorney and judge, has been in office less than four years after unseating Rod Pacheco Hestrin is unhappy with Zellerbach's leadership and thinks ...
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  • Three Strikes Reform

    || 21-Jan-2013

    Three Strikes Reform Proposition 36 passed in November, and thousands of inmates serving life sentences under the old three strikes law are eligible to have their sentences modified so that they can be released. A petition must be filed in the superior court of the County where the conviction occurred. Then, there is a process toward getting the original sentence modified. It's exciting stuff ...
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