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Articles Posted in Criminal Defense

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California High Court Says Menacing Hand Gestures do Not Qualify as Criminal Threats

This past summer, the California Supreme Court ruled in San Francisco that a menacing nonverbal gesture does not qualify as a criminal threat under state law. The court issued its ruling in the case of a Riverside County man, Mario Gonzalez, who was accused of making threats with hand gestures…

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Jury Refuses to Convict in Bundy Ranch Standoff

Earlier this year, a federal jury in Las Vegas refused to convict defendants from the Bundy clan for their alleged roles in armed standoffs. In another stunning setback to federal prosecutors, the jury acquitted Cliven Bundy, Ricky Lovelien, and Steven Stewart of all 10 charges, and delivered not-guilty findings on…

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California Supreme Court Holds that Judges can Refuse to Cut Three-Strike Sentences

In a 4-3 decision by the California Supreme Court, it has been held that California judges have broad authority to refuse to shorten the sentences of “three strike” inmates, despite the revisions to the “Three Strikes Law” with Proposition 36. Proposition 36 was first passed in 2012 to allow three-strike…

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San Diego DA’s Prosecution of Pot Attorney Sends Chills Through the Legal Community

It has been reported throughout the years that minor drug offenders or registered marijuana businesses were being targeted by police, but now, it seems that marijuana attorneys who represent those in the marijuana businesses are now coming under fire from law enforcement.  Last month, attorney Jessica McElfresh, an experienced attorney…

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Video of San Diego Police Dog Biting Man in Handcuffs Creates Stir

A video that has made its way through social media of a San Diego police canine biting an unarmed man in handcuffs has caused outrage. The footage, posted by Facebook user Angel Nuñez, shows the dog latched on to the man’s arm for at least 30 seconds while one officer…

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California Corrections Officials Want to Know What You Think About the State’s New Parole Guidelines

California corrections officials on Friday began accepting public comments on the new set of proposed regulations that have overhauled the state parole system. See Proposition 57, the Public Safety and Rehabilitation Act of 2016. State regulators gave the guidelines initial approval in April. They have been used to implement Proposition…

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Cal State San Marcos Student Sues Over Rape Investigation

A graduate student at Cal State San Marcos accused of rape has filed a federal lawsuit, alleging the university violated his rights to due process through an unfair investigation. The student, who is not identified by name in the suit, was attending a study abroad program in Germany in 2016.…

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FBI Agent Indicted on Five Counts for Alleged False Statements in Lavoy Finicum Shooting

Months after the criminal trial of the nine defendants involved in the Oregon Wildlife refuge standoff were acquitted, it has been reported that F.B.I. agent W. Joseph Astarita, 40, has been indicted on five counts regarding the lethal shooting of Lavoy Finicum. The agent is now being accused of lying…

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Rape Trials: What Happens When There is No Victim Testimony?

Earlier this month the criminal trial of Jacob Paul Skorniak, 51, started in San Diego Superior Court. Skorniak is accused of kidnapping and raping a 21-year-old German exchange student he met in Pacific Beach during New Year’s celebrations. He is also accused of using a knife to attack the victim.…

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Carlsbad Pastor Arrested on Child Molestation Charges

According to news outlet ABC 10, a Carlsbad pastor named Matthew Tague, 43, has been arrested on 16 counts of child molestation. Deputies with the San Diego Sheriff’s child abuse unit has charged him with lewd and lascivious acts with a minor under the age of 14. The charges against…

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