The State of California has not executed an individual since 2006, when its capital punishment procedures relating to lethal injections were declared unconstitutional by the U.S. Court of Appeals for the Ninth Circuit, in Morales v. Tilton, 465 F.Supp. 2d 972 (N.D. Cal 2006). California authorizes capital punishment by gas…
Articles Posted in California criminal defense attorney
Bill to Automatically Seal Criminal Records on California Legislature’s Agenda
As many as eight million Californians have criminal records for misdemeanor or felony crimes. All of them are subject to denied or limited employment, housing, and credit opportunities because of their criminal convictions. Many of the past crimes are for low level misdemeanors, like simple marijuana possession, or low-level felonies…
Juvenile Justice Reform in California
California is at the forefront of criminal justice reform. Last year, many laws were passed to reform the criminal justice system in an effort to make it fairer for Californians accused of committing crimes, whether they were serving time in juvenile detention facilities, jails, or state prisons. Abuses occur in…
Misdemeanor Domestic Battery
Domestic violence, according to The National Domestic Violence Hotline, is a pattern of behaviors used by one partner to maintain power and control over another partner in an intimate relationship. The behavior becomes criminal when one partner hits or strikes the other partner, known as battery, which is often part…
Changes to California Line-ups
One of the most memorable lines in the 1995 movie, The Usual Suspects, is, “The greatest trick the devil ever pulled was convincing the world that he did not exist.” I am citing this movie for another reason though, specifically, for its depiction of a police line-up in California. What…
Am I Free to Go? Handling Police Stops in Your Car
Most people’s contact with police occurs in their cars. Drivers routinely get stopped and cited for traffic and moving violations. Sometimes people are stopped because their vehicle matches a description of a vehicle of interest in a police investigation, or at a sobriety checkpoint during the holidays, or at the…
Pleas in Criminal Cases
Entering a guilty plea in a criminal case goes beyond the pronouncement of the word, “guilty.” What follows is a discussion of the different types of plea options in California examining the implications of invoking each option. The California Penal Code provides for six possible pleas to an indictment for…
Am I Free to Go? Handling Police Stops
Encounters with police or other law enforcement officials can be scary. Some individuals are treated fairly when questioned or detained by the police, while others are not, and remember their experiences quite negatively. The following will provide some practical information regarding your rights when you interact with the police. If…
Identity Theft Crimes
The unauthorized use, or even possession, of someone else’s personal identifying information can result in charges of identity theft. Identity theft is a crime that occurs when someone uses another person’s personal information to pose as the person in order to obtain goods, services, or something of value, like credit.…
Jailhouse Telephone Calls
One of the most shocking revelations when a person is arrested for a crime and is being booked in jail is that they do not have a right to make that one phone call. It seems wrong on many levels because for years you may have seen and heard on…