Criminal Defense
California Deputy DA Suspended for Professional Misconduct
Some DA's may go as far as to violate the law to put you in jail When facing serious criminal charges it's extremely important to have a criminal defense attorney present in order to properly defend you. The consequences of being convicted of these crimes can be severe and for that reason you need an attorney that knows the law and has vast experience in criminal defense in order to…
Read More
License Suspension in California Can Result from Various Traffic Violations
Your license can still be suspended even if you are not convicted of a DUI in California Although it is well-known that if you are convicted of DUI, your driver's license will most likely be suspended. What is not as commonly known is that there are many cases in which if you are convicted of a violation other than DUI you can still get your driver's license suspended. Violations of…
Read More
California Appellate Attorney Proves Self Defense in Homicide Appeals Case
Accidentally firing a weapon is a defense to murder - why hiring an experienced criminal defense firm can save you from prison A recent California appeals case, People v. Villanueva, held that the trial court was mistaken when the trial court failed to instruct the jury that they could find the defendant not guilty based on self-defense. 2008 D.A.R. 18235 (2nd Dist. 2008) Dec. 12 2008 (B202418). Defendant testified that…
Read More
California Drug Diversion Programs: Penal Code 1000 or Proposition 36?
If I am eligible for both Penal Code 1000 and Proposition 36 drug diversion, which is preferred? Penal Code 1000 is more time-consuming and intensive than the treatment mandated by Proposition 36. Treatment under Penal Code 1000 can last up to three years, with a minimum of eighteen months. On the other hand, the maximum treatment period under Proposition 36 is twelve months, with the possibility of aftercare for six…
Read More
California Drug Diversion Program under Penal Code 1000 Minimizes Collateral Damage
Avoid devastating collateral consequences; Why you need to retain a California drug offense defense attorney to get admitted to Penal Code 1000 drug diversion program Under Penal Code 1000, even if the defendant has entered a plea of guilty, he is not "convicted" while undergoing the treatment in the deferred entry of judgment program. Penal Code 1000 provides, "A defendant's plea of guilty...shall not constitute a conviction for any purpose…
Read More
How To Keep Your Criminal Record Clean By Entering Drug Treatment
Which Prior Convictions Will Disqualify Me For Drug Diversion Under Proposition 36 or Penal Code 1000? Prior convictions for California drug offenses, even drug sales, will not necessarily disqualify a defendant under Proposition 36. The only prior conviction that excludes a defendant under Prop 36 is one for a serious or violent felony listed in Penal Code 667. 5(c) or Penal Code1192.7. However, even this exclusion can be avoided if…
Read More
Orange County Criminal Defense Attorney on Suppressing Evidence
Why you need a criminal defense law firm to win your motion to suppress evidence If you're a defendant in a criminal case, you should ask your California criminal defense attorney about the possibility of filing a motion to suppress evidence under California Penal Code Section 1538.5. Under PC 1538.5 a defendant may to suppress evidence obtained by the government during a search or seizure on either of the…
Read More
California Prison Sentence Reduction Possible, Based on Recent Decision
Under New California Supreme Court Decision, Hundreds Of California State Prison Inmates Have A Shot At A Shorter Sentence. The recent California Supreme Court's decision in the matter of In re Gomez, opens the door for sentence modification in California for hundreds of Inmates incarcerated in the State Prison system. The court's unanimous decision, deals with people convicted of crimes between two United States Supreme Court announcements on how to…
Read More
Traffic Violation Required to Satisfy Probable Cause in California
Police Cannot Pull You Over Just for Your Temporary Operating Permit Police officers need probable cause in order to pull motorists over. What this means is that they must have probable cause to believe that a motorist performed a traffic violation. Over the years, police officers have come up with just about any excuse to justify pulling motorists over, in order to satisfy this probable cause requirement. One of their…
Read More
Grand Theft Auto Conviction in California May Cost You Your License
Under New California Law, A Person Convicted Of Theft Of A Motor Vehicle May Have Their Driving Privileges Suspended Or Revoked. Under New California law, the court may impose a license suspension or revocation for a person convicted of theft of a motor vehicle. A conviction allows the court to impose an open-ended license suspension or revocation, with no specified ending date. California Vehicle Code Section 10851, states that "any…
Read More