District Court has Authority to Grant Immunity to a Defense Witness Without a Finding of Prosecutorial Misconduct
District Court has Authority to Grant Immunity to a Defense Witness Without a Finding of Prosecutorial Misconduct
Brent Wilkes, head of a company called ADSC, lobbied California congressman Randall Cunningham to secure funding and support for ADSC. Mr. Wilkes provided Congressman Cunningham with expensive meals, a houseboat, lavish trips and mortgage payments. As a result, Mr. Wilkes received many government contracts that were worth millions of dollars through Congressman Cunningham's earmarks. Mr. Wilkes was subsequently charged with conspiracy, wire fraud, bribery, and money laundering. At trial, Mr.…
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Federal Government Cracking Down on Landlords in Effort to Put Marijuana Dispensaries Out of Business
While it is legal under California law to open and operate a marijuana dispensary it is not legal under federal law. For many years the federal government took little or no action to shut down these businesses. Then the federal government attempted to go after individual marijuana dispensary businesses with little success because they would succeed in closing one operation to only see ten others open up in nearby areas.…
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Former Baseball Great Reaches Plea Deal On Charges Of Grand Theft Auto
The legal troubles for former baseball great Lenny Dykstra continue to mount. Dykstra recently reached a deal with prosecutors, pleading no contest Wednesday, to three counts of grand theft auto and filing a false financial statement. Dykstra, a three-time Major League Baseball All-Star, was released pending sentencing Jan. 20, 2012, the Los Angeles District Attorney's Office said in a statement. The former athlete, faces up to four years in prison.…
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When Does an Attorney/Client Relationship Begin?
An attorney-client relationship starts when the client actually retains an attorney to represent the client in a legal matter. Whether it's a family law, civil, or criminal matter, the relationship starts once a client retains an attorney for the service of representing the client in a legal matter or legal case. Once this happens, the attorney has the obligation of not revealing information that is protected from disclosure legally without…
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Failure to Present Evidence of Clients Mental Capacity Establishes Ineffective Assistance of Counsel
It was recently reported that the Ninth Circuit Court of Appeals held that an attorney is liable for defective performance when the attorney fails to put forward evidence related to a defendant's mental capacity and history of substance abuse. Steven James was charged with first degree murder. Steven James suffered from childhood emotional and psychological trauma. The Court held that the attorney failed to provide effective assistance of counsel and…
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An Assault Charge Can Result in a First Strike Offense
The charge of assault in California- specifically Penal Code Section 245 (a) (1)- is defined as follows- assault with a deadly weapon (commonly referred to as an ADW or aggravated assault) as an assault that is committed with any type of deadly weapon or by means of force that is likely to cause great bodily injury to another. Now; it is a very important distinction between committing the offense with…
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Ventura Man Charged with Assault With a Deadly Weapon in Freeway Shooting Incident
Last week in Ventura County, California Highway Patrol (CHP) officers responded to a report of a possible drunk driver in the area of SR-118 and Walnut Rd, in Somis. The reporting party stated that the driver of the suspect's vehicle was driving erratically and had apparently fired a gun from he vehicle. CHP officers quickly located the vehicle and conducted a stop of the vehicle in the Oxnard area. Ventura…
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The Difference Between Direct and Circumstantial Evidence
Every time there is a highly publicized criminal trial, the legal experts and/or analysts will usually reference both circumstantial and direct evidence. Moreover, you may hear these terms used on your favorite television program such as C.S.I., Law and Order, etc. But, what does direct and circumstantial evidence mean? First, it is important to note what the term "evidence" means. There is jury instruction which defines "evidence." The jury instruction…
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What You Need to Know About Stalking Laws in California
As one of the first states to pass stalking laws in the early 1990s, California is very proactive in alleged incidences of stalking and harassment. From the arresting officer to the judge, people are very sensitive to the alleged victim in these cases and we understand you might feel like your voice is not being heard. These offenses are typically highly emotional. More than likely you are very close to…
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How Robbery is Different from Theft in Orange County
Most people think the terms "robbery" and "theft" are interchangeable. However, the truth is that these are two completely separate crimes in the state of California. These crimes differ greatly under California Penal Code and they each carry separate punishment. So what's the difference between robbery and theft? To best illustrate the differences between these two crimes, imagine a woman waiting at a bus stop with her purse. If you…
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