Criminal Defense
High Public Defender Caseloads Could Lead to Nightmare Results if You Are Accused of a Crime
Recently, Attorney General Eric Holder spoke at the Brennan Legacy Award Dinner. At the event, which is named in honor of United States Supreme Court Justice William Brennan, Attorney General Holder addressed some issues which have scary implications for those with a pending criminal case. Due to the current economic environment, Public Defender's offices throughout the country are facing record caseloads. This issue is creating a detrimental situation in which…
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Are You Facing Second Degree Burglary Charges?
A man was recently arrested on suspicion of committing several burglary offenses. He is suspected of being the "Back Room Bandit" who is believed to have burglarized at least 19 different businesses since September in San Diego County. San Diego News 10 reported on Jones' arrest in San Ysidro. No one was hurt in any of the alleged crimes of the "Back Room Bandit" (as he has been called). This…
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All Persons Accused of Crimes in California Need to Be Advised on the Record of Immigration Consequences of Guilty Plea
Anytime a Defendant in a California pleads guilty to a misdemeanor or a felony, that defendant must be advised "on the record" that the consequences of the guilty plea could result in deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States. Unfortunately, when some defendants agree to a plea bargain, their attorneys don't adequately warn them of these potentially…
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Ontario DMV Hearings and DUI Defense Attorneys
Situated in San Bernardino County, the city of Ontario is home to approximately 171,691 residents. Interestingly, Ontario's population has increased by almost one hundred times the size it was one hundred years ago. Now, it is the location of a small international airport and the Ontario Reign (an ECHL hockey team). With its economy mainly centered on service and warehousing, Ontario also has some agriculture and manufacturing facilities. Considering the…
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Court Can Exempt Certain Subpoenaed Documents From Discovery, Leaving the Defense in a Better Position to Defend, Part 3
There may be cases in which the trial court determines it necessary to ask questions of the prosecution, in addition to questions it has posed to the defense, in camera to protect privacy rights of third parties. The court may solicit suggestions from the defense on how best to ask these questions without disclosing defense strategies. In many cases this goal may be difficult, if not impossible, to achieve. In…
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Not All Subpoenaed Documents Need to be Turned Over to the Prosecution, Part 2
As discussed in yesterday's blog, a recent court decision has held that documents the defense subpoenaed do not always need to be viewed by the prosecuting agency. Consistent with Evidence Code section 1560, subdivision (d), the trial court may open the sealed envelopes containing records produced in response to defense subpoenas without disclosing to the prosecution the identity of the third parties or the nature of the documents. If the…
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Not All Subpoenaed Documents Need to be Turned Over to the Prosecution
A recent California Appeals court case (Kling v. Superior Court) held that the prosecution is not always entitled to view or even be present when the court is opening documents that have been subpoenaed by the defense. The court points to Penal Code Section 1326(c) in its opinion and then adds to it some relevant case law. Penal Code Section 1326(c) provides, in relevant part, "When a defendant has issued…
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Irvine DMV Hearings and DUI Defense Attorneys
Irvine is situated in Orange County and has an approximate population of 207,500. As home to numerous Universities and located within close proximity to popular beach sites like Newport and Laguna, Irvine attracts several visitors and new residents throughout the year. named Irvine the fourth best place to live in the U.S. due to having desirable jobs, housing, and schools. Nevertheless, similar to many major cities, arrests for driving under…
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The Los Angeles Police Department Maintains that Synagogue Shooting Not a Hate Crime
Recently it was reported that two men were shot in a North Hollywood synagogue parking lot by an unknown assailant. Immediately after the shooting, there was great concern that these shootings were the result of a "hate crime" or possibly an act of terrorism. The Los Angeles Police Department's counter Terrorism and Criminal Intelligence Bureau has stated, however, that there is no reason to believe that the shootings were in…
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Los Angeles County Sheriff Announces a Possible Suspect in Station Fire Arson Case
Babatunsin Olukunle has been arrested for setting a fire in the Angeles National Forest near where the Station Fire originated. Los Angeles County Sheriff's Lieutenant Liam Gallagher stated they are now also investigating into whether Olukenle has any connections to the Station Fire that was started 6 days later. Olukunle was seen by two Forest Service Officers setting a smaller fire six miles from where the Station Fire was started,…
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