SENATE BILL 1437 ELIMINATES THE FELONY MURDER RULE IN CALIFORNIA
The Felony Murder Rule is a rule that attributes liability to an accomplice for a murder even if the accomplice was not the actual killer. In California, an accomplice (also referred to as an aider and...
View ArticleTHE OPIOID ADDICTION CRISIS RAGES ON
The top health story of 2018 according to WebMD was the opioid addiction crisis. This crisis is not only a health crisis but a legal crisis too. Opioid addiction creates a huge black market for...
View ArticleU.S. SUPREME COURT RULES CIVIL ASSET FORFEITURE A VIOLATION OF THE EIGHTH...
In 2017, California instituted a new lawthat prohibits law enforcement from seizing any asset valued over $40,000 in what is known as civil asset forfeiture. Civil asset forfeiture is nothing more than...
View ArticleCAN BULLYING LEAD TO AN INVOLUNTARY MANSLAUGHTER CHARGE?
A Massachusetts woman’s conviction for involuntary manslaughterwas upheld by that state’s high court after a lower court found her guilty of the charge after she encouraged her boyfriend by text...
View ArticleCalifornia The End of Bail
THE END OF BAIL – ARE RISK-ASSESSMENT TOOLS BIASED? With the coming end to money bail, California courts will be mandated to rely on risk assessment conducted by Pretrial Assessment Services (PAS)....
View ArticleEVERY ACCUSED PERSON IS ENTITLED TO A ZEALOUS DEFENSE
When our second president was a young lawyer and before the United States was an independent nation, John Adams was called upon to defend a very unpopular cause. One of the founding principles on which...
View ArticleU.S. Incarceration Policies
SHOULD THE U.S. RECONSIDER ITS INCARCERATION POLICIES? FACT: The United States comprises 4.27 percent of the world’s population yet 25 percent of the world’s total prison population. The rates of...
View ArticleSTAND YOUR GOUND LAW IN CALIFORNIA
While much press has been given to “Stand Your Ground” laws in Florida and other states, did you know that California is also a stand your ground state? A little over half the states have formally...
View ArticleWHAT INFORMATION IS REVEALED IN A CRIMINAL BACKGROUND CHECK?
One of the most common questions I hear from my clients is: “Will my arrest or conviction show up on an employment or other background check, such as for a rental application?” There is no one database...
View ArticleCRIMINAL COMPLAINTS IN CALIFORNIA
There are two ways a person can be charged with a crime in California. One is by grand jury indictment; the other far more common method is by a criminal complaint filed by the prosecutor, who...
View ArticleCALIFORNIA WILDFIRES AND ARSON
As several dangerous fires rage in California, fire authorities are investigating: Is the fire a result of natural causes (such as a lightning strike), or an external accident or negligence (for...
View ArticleLOTTO SCAM SUSPECTS ARRESTED IN SOUTHERN CALIFORNIA
Four suspects were recently arrested for their involvement in a scam targeting elderly women in Southern California. The scammers would approach older women claiming they needed help cashing what was...
View ArticleORANGE COUNTY SHERIFF’S DEPARTMENT HAS AN EVIDENCE BOOKING SCANDAL ON ITS HANDS
Every criminal case rests on the evidence. That is why the most recent Orange County Sheriff’s Department scandal is so disturbing. Or as on Orange County Public Defender put it: The implications of...
View ArticleDID JOHNSON & JOHNSON CREATE THE OPIOID CRISIS?
Johnson & Johnson, as American as apple pie and Coca Cola. The American corporation that was founded in 1886 has provided generations of American homes with consumer staples such as baby care...
View ArticleCOVID 19 AND THE DISRUPTION OF THE ILLEGAL DRUG SUPPLY CHAIN
The worldwide Covid-19 pandemic has changed everything and that includes criminal activity. Reports are that crime has decreased significantly in Southern California since the stay at home orders...
View ArticleAUTOMATED LICENSE PLATE READERS ARE WATCHING YOU
California law enforcement agencies utilize automated license plate readers (ALPR) that collect and store images of license plates as vehicles pass within an ALPR’s view. ALPRs are cameras that are...
View ArticleGEOFENCING WARRANTS
Our lives are increasingly being surveilled by law enforcement. From facial recognition software to license plate readers and so many other technological systems you have probably never heard of, law...
View ArticleMIRANDA AND THE FIFTH AMENDMENT
The Fifth Amendment right against self-incrimination is among one of our most important and well-known rights. That clause states: “No person . . . shall be compelled in any criminal case to be a...
View ArticleTHE CLEAN SLATE ACT OFFERS CRIMINAL HISTORY RECORD RELIEF TO MANY CALIFORNIANS
In California, there are statutory procedures that offer criminal record relief, most commonly through one of the following: Petition for Dismissal (Expungement): A person who was previously convicted...
View ArticleRESTORING YOUR GUN RIGHTS AFTER A CONVICTION
As an Orange County criminal defense attorney, I often get calls from individuals who were previously convicted of an offense that resulted in a ban on that caller’s right to own or possess a firearm....
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