Recent Blog Posts
How to Avoid Jail Time for 2nd or 3rd DUI in California
The first time a defendant is charged with driving under the influence (DUI) in California, the crime is a misdemeanor. There may be aggravating circumstances (if there was an accident involving injury, for example), and jail time is a possibility, but typically the defendant will receive a fine, a license suspension, and probation. The… Read More »
What Happens if I Miss My Court Date?
As a general rule of thumb, you should follow the orders of a court. This is doubly true in a criminal case, where disobeying a court order can mean violating bail or parole conditions, cause you to forfeit certain defenses, affect your sentencing, and land you in jail unnecessarily. Court dates are court orders… Read More »
Possession vs. Possession With Intent to Sell in California
While California is one of the more progressive states in terms of drug crime legislation, the state still punishes possession of illegal narcotics. Unlike Colorado, California has not “defelonized” mere possession. Moreover, if the prosecutor can prove possession with the intent to distribute, defendants face much more severe penalties including significant prison time. But… Read More »
New Criminal Law Reforms in the California Legislature
California is continuing its trend toward progressive criminal law reform. We have previously covered several of these laws such as police misconduct and sealed records, aimed at protecting suspects and otherwise helping ex-cons reintegrate into society after incarceration. Continue reading for details about several new laws currently under consideration that would offer additional protections… Read More »
California Moves to Automate Process of Clearing Cannabis Convictions
Proposition 64, the California Marijuana Legalization Initiative approved by California voters in 2016, legalized the sale and possession of marijuana for recreational use. The law also permitted residents with prior convictions based on cannabis possession and sale to petition the courts to clear their records. The expungement process, however, is time-consuming and burdensome. It… Read More »
Proposed California Law Would Seal Criminal Records, Help Former Inmates Move On
Rap sheets can haunt a former inmate for years after they have served their time. Criminal convictions can make it more difficult to apply for jobs, obtain professional licensing, find housing, or secure a loan. A California lawmaker recently proposed a bill that aims to lessen this burden on former inmates in order to… Read More »
New California Law Opens Police Misconduct Records to Public
Allegations of police misconduct, whether as part of a civil rights lawsuit or as part of the defense in a criminal matter, can be difficult to prove. Past misconduct by the same officer can be powerful evidence in those instances, but law enforcement agencies are often very protective of their own and will typically… Read More »
Can Police Track Your Cell Phone Without a Warrant?
The digital age has provided a host of new issues with law enforcement, many of which deal with the intersection of privacy rights and criminal law. Law enforcement officials have been straining to retain the ability to get as much information as possible from our digital selves without having to go the historical (and… Read More »
With End of Money Bail System, California Courts Must Determine Whether to Detain or Release a Defendant
The bail system has long been controversial. The original idea seemed positive and generally neutral: Allow criminal defendants to be released pending trial, rather than locking them up simply for being accused of a crime, but require them to leave a deposit behind to ensure that they actually return for trial. Opponents of the… Read More »
California Appellate Court Says Defendant Cannot View Algorithm That Contributed Evidence to Guilty Verdict
The use of computer algorithms in statistics-based evidence is more prevalent in criminal cases than many people realize, until they are personally involved in a criminal matter. DNA evidence often involves an expression of the likelihood that a particular defendant’s DNA matches whatever evidence was found in connection with the crime, rather than a… Read More »
