Types of Arrest Warrants – What They Are and How Hiring a Good Lawyer Can Help You Avoid Arrest
What is an Arrest Warrant? An "arrest warrant" is a legal basis for a person to be arrested and be held in custody. There are several types of arrest warrants, that derive their authority from different sections of the Penal Code. The most common types of arrest...
New Jan. 2022 Modifications to Felony Sentencing Law Will Help Most Defendants Avoid Harshest Outcomes
Penal Code section 1170 and Selecting a Term of Imprisonment when Probation Denied or Unavailable Penal Code section 1170 discusses how a Court should impose a term in state prison where Probation is denied. (See Cal. Penal Code § 1170). Prior to January 1, 2022, a...
Sentencing Enhancements: New Law Change Offers Opportunity to Fight Excessive Charges in the Interests of Justice
Enhancements: The Prosecution Tool to Maximize Potential Punishment Sentencing enhancements are allegations made by the District Attorney that attach to an underlying charge that increase, or "enhance", punishment for that crime. There are conduct enhancements, such...
US Supreme Court Rules Police Must Seek Warrant and Cannot Rely on Catchall Phrase “Community Caretaking” To Violate the Fourth Amendment
The Fourth Amendment of the United States Constitution provides: The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause,...
Overcoming the Surprisingly Low Bar of “Intent” in Assault Cases
“Assault” charges are one of the most common types of alleged criminal violations. Most people would assume that in order for assault charges to be filed, you must have intended to strike or hurt someone. But, as the jury instructions and case law make clear, you...
The “U-Visa” and False Allegations in Domestic Violence, Sexual Assault, and Related Cases
U-Visas - Gaining Legal Residency Status as a Crime "Victim" A "U visa" permits undocumented individuals to gain legal status to remain temporarily in the United States on the basis of her status as the victim of domestic violence, sexual assault, or other qualifying...
Misdemeanor Diversion without Conviction – New PC § 1001.95 Offers New Hope to Thousands Charged with Misdemeanors
Misdemeanors and the Traditional Power of the Prosecutor While a misdemeanor is considered a lower-level criminal offense compared to felonies, it is still a criminal offense, carrying no more than 364 days in the County Jail. Misdemeanors, though considered lower...
Los Angeles DA Gascon Declines to File Sentencing Enhancements – Solano, Napa, & Yolo Defendants Still in Jeopardy of Overzealous Prosecution
New Los Angeles District Attorney George Gascon has indicated that his office will no longer file sentencing enhancements when charging crimes against defendants, representing a major step forward toward ending the draconian sentencing laws that have filled California...
New Law Reduces Standard Lengths of Probation in Felony & Misdemeanor Cases as of January 1, 2021 – AB 1950
After a person pleads guilty, no contest, or is convicted after trial, "probation" can be granted at sentencing instead of an order committing a person to county jail or state prison, either under the supervision of a probation officer ("formal" probation), or subject...
DUI Arrests, DMV Admin Per Se Hearings, and the Denial of Due Process Amidst the COVID-19 Outbreak
Overview of DMV Administrative Per Se Hearings Following a DUI Arrest When a driver is arrested for a DUI, within 10 days they may request what is called an "Administrative Per Se" (APS) hearing with the California DMV to challenge the legitimacy of the detention and...