Criminal Defense
Prosecution Rates Lowered by Budget Cuts
Budget Cuts to Lower Prosecution Rates across California: What an Experienced Criminal Defense Attorney Can Tell You It the midst of America's economic downturn, even state departments and government funded agencies are feeling the heat. District attorneys all over California have been buzzing about the upcoming budget cuts in their departments explaining that basically, less money means fewer prosecutions. Contra Costa District Attorney Robert Kochly has already begun acting on…
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Hearsay and Out of Court Statements in California: What your Criminal Defense Attorney Needs to Know
You're charged with a crime. Does victim identification always have to be confirmed in court? The answer is not always. In California one of the exceptions is in California Evidence Code 1240. That allows some out of court statements of a witness where the statement was made spontaneously while the declarant was under the stress of excitement caused by such perception. The recent case of People v. Stamphill is a…
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Orange County Felony Charges Against Couple
Orange County Couple is Arrested in State's Biggest Fraud Case Ever, and Need an Experienced Criminal Defense Attorney A Laguna Hills couple has been arrested on charges of alleged fraud in California of nearly $30 million in insurance premiums. 50-year-old Michael Vincent Petronella and his 44-year-old wife Devon Lynn Kile are facing 106 felony counts including conspiracy, insurance fraud, tax charges and theft and are facing up to 102 years…
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California Robbery with Multiple Employees Present Influences Charges
California Supreme Court Confirms Its Position on Robbery Issue, Meaning You Need an Experienced Criminal Defense Attorney The California Supreme Court recently clarified a conflict in the Court of Appeal concerning whether, for purposes of Robbery, all employees have constructive possession of the employer's property while on duty and thus may be separate victims of the employer's business. The court held that all employees on duty during a robbery in…
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California Division of Juvenile Justice
The Department of Juvenile Justice (DJJ) is part of California's criminal justice system that deals exclusively with the crimes and subsequent punishment and rehabilitation of our youth. Originally known as the California Youth Authority (CYA), the division began in 1943, providing training and parole supervision for juvenile and young adult offenders. The DJJ's mission is to protect the public from criminal activity. The law mandates the Division to: • Provide…
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Damaging Evidence Taken From Facebook and Myspace: Yet Another Example of Why You Need an Experienced Criminal Defense Attorney
This story is an interesting case. According to the article, it might be unethical for an attorney who represents someone to ask the opponent witness or alleged victim in a case to be a friend by using a fake friend request on What does that mean? That means your attorney can't ask to "friend" the alleged victim in a case without disclosing the fact that it's the attorney who is…
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Clearing Your Criminal Record in California: Are You Eligible?
California law has several ways in which a person may clean up their criminal record. Depending on the time since your conviction and the circumstances surrounding the charge, it may be possible to have the conviction expunged from your record. When a criminal record is expunged you may legally answer "no" when asked by private employers if you have ever been convicted of a crime. If you have been convicted…
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Bad Economy = Overworked Public Defenders!
Budget Cuts, Hiring Freezes Impact Caseloads of Public Defender's Offices, Which Means You Should Hire A Private Criminal Defense Attorney In the landmark 1963 case of Gideon v. Wright, the Supreme Court held that every person accused of a serious crime, whether they could afford an attorney or not, had a right to effective assistance of counsel. From this case came the birth of the modern Public Defender's office, implemented…
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Marijuana Offense Sentence Delayed
U.S. District Judge Delays Sentencing for Convicted Marijuana Distributor Represented by Criminal Defense Attorney A federal judge recently delayed the sentencing of a Morro Bay man on March 24, 2009, who was facing drug charges for running a medical marijuana dispensary, according to the LA Daily Journal. Last year, Charles C. Lynch was found guilty of distributing over 100 kilograms of marijuana from his Central Coast Compassionate Caregiver dispensary, and…
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Federal Court Puts Limits on Inmate Routine Strip Searches
Due to Experienced Criminal Defense Attorney's Efforts, Federal Court Makes Limits On Prison Officials' Ability To Routinely Strip Search Inmates Having to go to prison can be one of the most frightening experiences any person can go through. Couple that fear with the embarrassment and humiliation of being strip searched and the experience can be absolutely terrible. However, a recent court ruling held that prisons cannot routinely strip search drunk…
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