Recent Articles

New Laws 2020

Here are the changed laws that are relevant to criminal defense practice: Changes in the Code of Civil Procedure. Code of Civil Procedure 203: Amended to allow those with a felony on their record who are not in prison or on parole to serve on juries. Changes in the Evidence Code. Evidence Code 782.1: Added […]

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Pitchess Motion: Fight if the Police Lied

Pitchess Motion: What to Do If the Police Lied On Your Arrest Report or in Court You can fight if a Cop lied on your arrest report in your case or in court! There is a process called a Pitchess Motion wherein in a Defendant about whom the police lied, in an arrest report, criminal report or […]

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Police Can’t Rely on “Community Caretaking” Exception to the Fourth Amendment

The California Supreme Court recently held that the police can’t enter your home by relying on a vague idea that someone might be injured in your home. In People v. Ovieda, the defendant was in his home with two friends when he started talking about suicide. At one point Ovieda grabbed a pistol, but the […]

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Police Departments Have to Turn Over Names of Bad Cops to Prosecutors

In a unanimous decision the California Supreme Court has held that law enforcement agencies have to turn over the names of dirty cops to DAs. The DAs then have to turn those names over to defendants.  In California, information about dirty cops is available two ways. First, by looking at complaints in their personnel file […]

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Prosecutors Have To Consider The Effects of a Criminal Charge on Immigration

Criminal Attorneys Have To Advise on Immigration It has long been the law in California and Federally, that the defendant’s attorney must know of and advise them of the immigration consequences of the charges they are facing and any possible plea offers that may be available to them. The state of the law in California […]

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Quick Reminder of What To Do If You’re Pulled Over

With the holidays upon us and everyone enjoying themselves, you may find yourself in situation with flashing lights in your rearview mirror. First, don’t drink and drive. The inconvenience and cost of an Uber or Lyft is nothing compared to the inconvenience and cost of getting charged with DUI. Should you find yourself in a […]

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Vacating A Criminal Plea

If you have a criminal conviction and were not advised of your immigration consequences. And if you are now experiencing removal proceedings or other immigration consequences. You can make a motion under Penal Code Section 1473.7 to have the plea vacated. You have to make the motion before or within a reasonable time after the […]

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What Does A Plea to Wet Reckless Mean in California?

In California, you face a lesser punishment for pleading to Wet Reckless than to a DUI conviction. While a DUI carries a Mandatory 3 month Alcohol class, Wet Reckless a 12 hour class. There are usually lower fines for a Wet Reckless. It does not have the same insurance consequences. A Wet Reckless doesn’t result […]

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Would You Trust a Lawyer You Got at Walmart?

Walmart Partners Up With Lawyers In a Race To the Bottom In Legal Representation Walmart has earned a reputation as the leader in the race to the economic bottom. For years they’ve negotiated the lowest prices for the goods they sell and for the services of those who toil at Walmart. A staggering number of […]

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