The Three Strikes Law in California – How can it Impact my Criminal Case?
The Three Strikes Law in California – How can it Impact my Criminal Case?
The Three Strikes Law, which was enacted when California voters approved Proposition 115 in 1994, is meant to impose severe punishment to those offenders who the courts consider to be "career criminals"-people who have committed and been convicted of 2 or more serious or violent felonies, and then go on to commit a third felony. That last felony does not need to be a serious or violent crime to constitute…
Read More
Is there a difference in punishment if the victim of a rape is unconscious as opposed to being awake? (Penal Code section 261)
The short answer is "no". Unconscious victims in rape cases usually entail "date rape" victims involving the use of "date rape" drugs such as GHB or Rohypnol drugs laced into a victim's drink by the perpetrator resulting in the victim losing consciousness or being in and out of consciousness. It may also include instances of alcohol intoxication where the victim is so drunk that she is unconscious or unaware of…
Read More
New Jersey Teachers Arrested for Sex Charges
Sex between teachers and students usually ends up ugly. This case will be no exception. California law allows consensual sex between adults that are 18 years of age or older. Some of these alleged victims from New Jersey were 17 years old. California law prohibits sex with a child under the age of 18. If merely intercourse is alleged, it does not require registration as a sex offender if convicted.…
Read More
A California Court Can Not Exclude Testimony of a Confession or Evidence that is Relevant and Supports a Defendant’s Innocence
Armenia Cudjo was charged with first degree murder while engaged in a robbery. Armenia Cudjo was arrested along with his brother, Gregory Budjo, involving the murder of Amelia Prokuda. A defense witness, John Culver, was prepared to testify at trial, that Gregory Budjo had confessed to him while they were in custody at the sheriff's station and that Armenia Cudjo did not commit the murder. At trial, the defense was…
Read More
Conviction Reversed due to Ineffective Assistance of Counsel
A defendant, Tyrone Miles, claims ineffective assistance of counsel by alleging that his attorney advised him to reject a plea offer of six years without alerting him that his crime was a third strike and punishable up to 25 years to life in prison. He later entered an open plea and the judge sentenced him to 25 years to life in prison. In 1993 he participated and was convicted of…
Read More
Romney Finally States He Will Not Reverse Obama Executive Order On Undocumented Youth Path To Legal Status In United States
After months of refusing to answer the question, finally yesterday Romney stated that if he were elected he would not reverse President Obama's executive order granting millions of young adults a chance to obtain a work permit for a two year period as a first step to legal status in the United States. Romney was quoted as saying he would not feel right taking away something that these people had…
Read More
Will I Be extradited to another state if I have a warrant for my arrest in that state and I have come to California to live?
The answer to that question depends upon why the warrant was issued for your arrest in the "other state". If the other state issued a warrant for your arrest for a felony matter then it is highly likely that state will issue an "extradition warrant" for your arrest. They will send the warrant to all the other 49 states in the United States. If you are stopped by a police…
Read More
Governor Brown Vetoes Bill That Will Lead To Undocumented Immigrants Being Deported For Minor Offenses
Decision Deals a Serious Blow to Advocates for Equal Justice for Hard Working Immigrants California's governor late Sunday vetoed a bill that would have allowed local authorities to free undocumented immigrants from custody despite requests by immigration officials to hold them for possible deportation proceedings. In his veto message, Gov. Brown said he could not sign the bill because under it, "local officers would be prohibited from complying with an…
Read More
Will I Have To Go To Jail For A First-Time SHoplifting Offense In California?
Although the answer to this question depends on the facts of the case the answer is most likely that you will not actually go to jail for a first-time shoplifting offense in California, penal code 484. The rule of thumb is that the higher the value of items that were stolen the more severe the punishment will be. If you are charged with shoplifting or petty theft then the value…
Read More
Governor Jerry Brown Takes a Stand for California’s Youth
On Saturday, September 29, 2012 California Governor Jerry Brown decided to stand up for thousands of gay, lesbian, bisexual and transgender children by signing a historical bill that will protect minors from undergoing any sort of reparative therapy. Reparative therapy has been implemented by religious groups and mental health facilities for decades in misguided attempts to change the sexual preference of minors who have been brave enough to declare their…
Read More