Clearing Your Criminal Record
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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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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What Happens if a Police Officer Lies: The Effectiveness of a Pitchess Motion
Defendants often wonder what they can do when it is just their word against the arresting police officer's word. One option is to file a Pitchess motion to review the police officer's personnel record. A Pitchess motion is a request made by the Defense in a California criminal case, for the personnel records of the arresting officer if the defendant has filed an affidavit alleging the use of excessive force…
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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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In Dependency Cases Parents Are Entitled to a Hearing Before their Biological Children Are Put Up for Adoption, Even if There Has Not Been Continuous Contact
A recent California Court of Appeals decision held that a biological parent may request a hearing before his or her child is put up for adoption by the state. In M.T. v. Superior Court (San Francisco Dept. of Human Services) the Court of Appeals cited to the California Welfare and Institutions Code (WIC) Section 366.26 for the proposition that the parent has the right to the hearing and must have…
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Recent Ninth Circuit Decision Makes Jury Selection More Even-Handed
A recent Ninth Circuit Court of Appeals decision dealt a blow to racially motivated juror dismissals. When choosing a jury, attorneys are allowed a certain number of challenges to remove jurors form the jury pool. The attorneys may challenge "for cause" or may exercise a limited number or peremptory challenges. The "for cause" challenges must be clearly stated and relate to a juror bias that would affect the impartiality of…
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New Law Cuts Jail Time You Must Do if Sentenced to County Jail
2010 has brought a host of new laws regarding criminal defendants that are currently serving time in jail. The new law allows for 1/2 time credit while in a jail in California. While not all defendants will benefit from this law (persons convicted of violent crimes or certain sex crimes), a far majority do. The old law gave a qualifing inmate who served 4 days in jail an additional 2…
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New Laws Allow Veterans to Hire Private Lawyers to Fight Service-Related Benefits Denied by the U.S. Government
Every year, tens of thousands of veterans fight for service-related benefits denied by the U.S. Government. For decades, non-profit groups and pro-bono firms were the only ones helping veterans navigate the complicated appeals process. Currently, veterans who are unsatisfied with a determination and want to fight it, must appeal to their local VA office by filing a "notice of disagreement," and then can hire a lawyer. Since the landmark 2006…
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