If one faces a minor type of offense and has no prior criminal history, it is likely that one’s attorney will mention diversion as a possible way to resolve the case. Such cases often include possession of a small amount of drugs, shoplifting, public intoxication and disturbing the peace. DUI and domestic violence cases are usually not included. There are basically two form of diversion: delayed entry of plea and delayed entry of judgment. To read more about these forms and diversion in general, click on the following link.
If you have a son or daughter under the age of eighteen, or a gradchild in the same age group, it can be a scary thing to think the young person might be spending time in a jail with tough gang members, who, although of the same age, may be aggressive or even suffer from some type of yet undiagnosed sexual perversion. The thought can be devastating. Especially when your son or daughter may not have committed a big crime. This is where diversion can be a great thing for the youth. Read about this by clicking on the following link.
Ecstasy is also known as MDMA. Its chemical name is 3,4 methylenedioxymethamphetamine, which certainly suggests amphetamine is part of its contents. Can someone found in possession of Ecstasy thus be convicted of possessing amphetamine, which is an illegal controlled substance? Find out the answer to this interesting question by clicking the following link about a case in the Alhambra court.
In many molestation cases, the alleged victim has a lengthy sexual history and thus, her credibility is an issue. Similarly, she herself may have fabricated a false claim earlier and the suspect in that case may have been sentenced to prison. She may see doing the same thing a fitting way to “get even.” Indeed, there is a well-known saying to beware of the fury of a woman scorned. Yet can a defendant bring this up in a second case with the same claim? To read about his issue, click on the following link.
In a preliminary hearing, one will often hear the prosecution ask the investigating officer or the supervising detective where the offense took place. The questions will proceed to establish that the crime took place in the county where the court is. What if this cannot be established? What happens then? To read about a domestic violence where the location of the violence was an important issue, as the case was in California, but the violence took place in Hawaii, click on the following article .
Does a prior conviction for violating California Penal Code § 459, burglary, qualify as a “violent felony” under the federal Armed Career Criminal Act (ACCA)? In the case of Michael Deschamps, charged under federal law for being a felon in possession of a firearm, this very issue was addressed by the U.S. District Court, as well as the appellate court above. To read what was decided and why, click on the following link .
In today’s world, cell phones are no longer just a tool for simply communicating. Texts and phone calls can be used to annoy others so much so that it can be crime (Penal Code § 653m(a)). What is the punishment for doing this? What does the prosecutor need to prove to convict someone of this? What are the defenses? Click on the following link to find out.
A motion to withdraw a plea can be made for many different reasons. Our office is contacted about doing this at least once per week. In the following case, the exact terms of the plea bargain were unclear as to whether the conviction included a strike. To read about this case, please click on the following link.
We never hear about the clever thieves who manage to successfully steal something without getting caught. What we do hear about – or read about – are the ones who fall short of success. We often snicker at the stupidity. The following case added a new layer of being foolhardy by presenting meritless legal challenges that were also unsuccessful. To read about this, click on the following link.
Many judges and prosecutors believe that one cannot expunge a conviction in which one was sentenced to prison, but the sentence was suspended. The following case summary of a case resolves this once and for all: it is possible. To read a short summary of the case and the legal rationale why such relief is possible, click here: