Criminal Defense

Recent Posts in Criminal Defense Category

  • Seal Adult Records

    || 24-Apr-2018

    Sealing of Adult Record & Penal Code Section 851.91 The California legislature has revised the law allowing individuals to petition the court to seal their criminal arrest records under Penal Code section 851.91. This statute is applicable to both felony and misdemeanor arrests. Due to an unfortunate social stigma and embarrassment that attaches to an arrest, the legislature enacted this ...
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  • Proposition 47

    || 1-Dec-2014

    There are three types of crimes: felonies, misdemeanors, and infractions. A felony is the most serious type of crime. Existing law classifies some felonies as “violent” or “serious,” or both. Examples of felonies currently defined as both violent and serious include murder, robbery, and rape. Felonies that are not classified as violent or serious include grand theft (not ...
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  • Why do sentences differ?

    || 1-Dec-2014

    There is a misconception that local courts have "hanging judges." This term applies in circumstances where judges will sentence individuals differently even though they are charged with similar crimes. There is almost always a reasonable explanation for sentence disparity, explained as follows: Achieving perfect balance in sentencing is unrealistic; each case has a unique set of ...
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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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  • 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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  • Federal vs. California Gun Ownership Rights

    || 26-Aug-2010

    We have been seeing an increasing number of clients who, while allowed to own a firearm under California law, nevertheless are prohibited under federal law. In California, if a person is convicted of a misdemeanor simple battery, that person can not possess a firearm in California for the next 10 years. This 10 year restriction also includes misdemeanor convictions for simple assault and ...
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  • Marsy's Law

    || 22-Aug-2010

    Marsy's Law is vital for everyone involved in the criminal justice system to understand. Victims of Domestic Violence and Molestation can not be compelled to testify against their alleged abuser. To review the content of the law and how it can benefit the defense in a criminal case go the link.
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  • Quiz

    || 17-Aug-2010

    1. Which amendment to the U.S. Constitution addressed searches and seizures? 2. Which amendment addresses the right to bear arms? 3. Which amendment addresses the right to remain silent? 4. Which amendment addresses the right to due process? 5. Which amendment addresses the right to assemble? Reply with your answers. The correct answers will appear tomorrow. Good luck!
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