Felony Offenses
California Preliminary Hearings Deny Use Of Officer History
Defense Hands are Further Tied By New Court Holding, Requiring More Experienced Criminal Defense Attorneys to Handle Cases Properly The court has found more ways to limit a defendant's ability to fight his or her California felony case at the Preliminary Hearing. A Preliminary Hearing is a hearing where the prosecutor needs to show the court that there is probable cause to hold the defendant to answer for the crimes…
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Calilfornia Juvenile Record Sealing Regulations
Juvenile crimes in California do appear on your criminal record. Upon your 18th birthday, you are eligible to petition to have your juvenile records sealed. Once sealed, no one can gain access to them and they will be completely destroyed five years from the date of sealing. Juvenile records are not automatically sealed upon your 18th birthday. California Welfare and Institutions Code § 781 is the statute that gives you…
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California Medical Marijuana Prescription Doesn’t Hinder Driver’s License Renewal
Department Of Motor Vehicles Officials Say California Drivers Cannot Lose Their License Just Because They Have A Medical Marijuana Prescription Medical marijuana prescription holders are breathing a little easier after the Department of Motor Vehicles issues a training memo which states California drivers cannot lose their license just because they have a medical marijuana prescription. A revised Department of Motor Vehicles training memo instructs agency staff to treat medical marijuana…
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California Dismissed Appeals Can Be Re-Examined
There is Good News for Criminal Defendants Who Lose an Appeal Because Their Attorney Negligently Handled the Matter A recent ruling by the California Court of Appeals gives defendants the opportunity to have their appeal heard by the court if the dismissal of the appeal must result due to the neglect or misconduct of the appellate attorney. This is true even if the appeal was dismissed years ago, but the…
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Filing a Second Motion to Suppress Evidence
Why You Need an Experienced Criminal Law Firm to Help You Make that Decision You may be able to get a second chance for suppression hearings, but there better be new evidence that justifies the request, or your request will be denied. Late last year, a California Appellate Court ruled that a Defendant was not entitled to a new hearing on a suppression motion at the retrial, unless the defendants…
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California Procedural Rights & Stipulation
Absent A Stipulation, A Commissioner Lacks the Authority to Rule on an Issue Contested by the Criminal Defense Attorney A Defendant refused to sign a stipulation giving a commissioner the authority to continue a preliminary hearing. In Harutyunyan v. Superior Court, the California Appellate Court held that while a commissioner can hear uncontested matters, the commissioner had no authority to continue the preliminary hearing on a contested issue absent a…
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Proposition 215 May Allow Hashish to be Used for Medical Purposes, According to the Attorney General
According to Attorney General Bill Lockyer, concentrated cannabis, or hashish, is included within the meaning of "marijuana" and may be used for medical purposes under Proposition 215. Lockyer told Menocino County Sheriff-Coroner Anthony J. Craver that voters must have intended to include all forms of cannabis when they passed the "Compassionate Use Act of 1996. Implementation of the Compassionate Use Act of 1996 has been difficult because federal authorities continue…
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Miranda Rights In California
Pay Attention to Your Miranda Rights You learned from the television that police officers are supposed to read you your Miranda rights if you are arrested. Do you know how many Miranda rights you have? Do you know what your Miranda rights are? Do you know how important they can be? A judge recently decided that if a police officer does not tell the person he arrests all of his…
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Inform Your Lawyer About Past Conduct
Don't Let Your Ghost of Christmas Past Come Back to Haunt You If you are charged with a crime, there is always a chance that your case will end up going to jury trial. When considering whether or not to go to trial, you and your lawyer must first determine what evidence will be presented to the jury. After all, what the jury sees and hears is what determines your…
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California DUI Law Imposes Stricter License Suspension Criteria
Are You on Probation for a DUI? If so, please keep reading because recent changes in California Law make having your California driver's license suspended much easier. Beginning January 1, 2009 California Vehicle Code section 23154 will impose a zero tolerance policy on people on probation for DUI's. In other words, if the cops stop you and you have any alcohol in your system, you're going to see your license…
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