In Selecting a Jury, Who Is an Ineligible Juror and Why?

In selecting a jury, the most common reason for thanking and excusing a juror is that the juror “does not possess sufficient knowledge of the English language” as required of a juror under Code of Civil Procedure § 203(a). This is so because with such a capacity, the person cannot deliberate the issues with other jurors in a meaningful manner. This could be true even for someone, unfortunately, whose native language is English, but is simply not too educated. To read more about this issue, click on the following link.

When Would Having a Small Wooden Bat Be a Crime (PC 22210)?

Many of us have been to a Dodger or Angel game where a small souvenir bat is given to everyone who comes to the game. One can also buy such a small bat as a souvenir for a variety of products. Certainly, having such an item cannot be crime if it is legal to sell it, or is this untrue? To read about when having such a small bat would be a crime, click on the following link.

What Is the Law on Vaping by Juveniles? Punishment?

“Vaping,” or using electronic cigarettes, is an increasingly popular practice among teenagers in California.  However, it is use of tobacco and nicotine, which is highly regulated for anyone under 21.  Consequently, certain laws do apply to juveniles who vape. What are the penalties for merely having a vaping device?  What about using it?  To read more about this area of law, click on the following link.

Prop 57 Resentencing: Who Has Authority to Implement It?

With news that Proposition 57’s provisions have finally been specified, how does one go about ensuring that it is applied to oneself of one’s loved one if that person is eligible?  After all, is there an affirmative obligation to request its benefits or must just hope that the California Department of Corrections and Rehabilitation reviews every inmate’s eligibility and applies it?  For answers, click on the following link.

I Got a Felony DUI – Can I Sue the Bar or Party Host?

When one is arrested for DUI and feels the whole world is against one, it is a common response to blame the people who served alcohol.  Maybe they encouraged you to drink more than you intended. But can one sue the bar or the party host for this?  To read a short article on the limited circumstances under which this may be possible, click on the following link.

Will My Bail Go Lower After In re Kenneth Humphrey?

The recent (2018) appellate court decision of In re Kenneth Humphrey is gold for those challenging excessive bail, as it encourages judges to consider the financial resources of a defendant and alternative methods of assuring public safety in lieu of bail.  It is much appreciated by criminal defense attorneys and of the judges that I have mentioned it to in requesting lower bail, it has been helpful.  To review what the Kenneth Humphrey case says, click on the following link.

If in Custody, Can I Get Credit on My Traffic Tickets?

When someone is sent to jail or prison to serve a sentence, there is a little-known provision under Vehicle Code § 41500 that permits one to remove a DMV hold on a license over a failure to pay certain traffic tickets.  Section 41500 does not apply to felony DUI, misdemeanor DUI or reckless driving, but it does apply to most other Vehicle Code violations.  To read more about § 41500 and how to ask a judge to apply this to one’s traffic tickets, click on the following link.