The public has a well-founded skepticism or even distrust of most prosecutors. Sometimes, their arrogant and condescending demeanor exacerbates this. Sometimes, their youth and expensive clothes confirms this. However, is a prosecutor overreaching if he or she charges someone with three charges for trying to pass just one fraudulent check? Click on the following link to find out.
The right to a speedy trial is something the U.S. Constitution sets forth as a fundamental right. It is to prevent prosecution for a crime that took place well after memories faded and evidence may have been lost, destroyed or changed. It is so a defendant can have a fair trial based on what really took place. When there is a delay in a misdemeanor case of over a year, there is a rebuttable presumption of prejudice. If two years passes before someone is brought to court, does this merit dismissal? Click on the following link to fine out.
Prop 36, passed in 2012, is known as the Three Strikes Reform Act. It should not be confused with a well-known drug treatment diversion program also known as Prop 36. The Three Strikes Reform Act allows resentencing for an individual with a third strike conviction if the conviction does not arise from a serious or violent felony. Is spousal rape a qualifying offense to allow resentencing? Click on the following link to find out.
Manufacturing a controlled substance, a violation of Penal Code § 11379.6(a), normally carries with it a state prison sentence that can be served in county jail under AB109 (Penal Code § 4019). However, if one violates 11379.6(a) while there are children under age sixteen present, the sentence must be served in state prison under a special sentencing enhancement (11379.7(a)). Thus, must one serve all the time or any of the time in state prsion if one manufactures meth while children under sixteen present? Click on the following link to find out.
If someone sells watches, jeans, purses and belts with highly sought after trademarks for Coach, Louis Vuitton, Chanel, Tag and Rolex, but the items are not authentic, is it trademark infringement? What if the purchaser of the items is aware that the items are counterfeit? Is it illegal sales? Click on the following link to find out.
Robin Lee Williams was arrested in 1995 for murder, but his case did not reach trial until 2002. Is that a violation of the Sixth Amendment right to a speedy trial? He was found guilty of two counts of first degree murder, sexual penetration with a foreign object and attempted murder. He was sentenced to death and appealed, alleging his right to a speedy trial was violated by the seven years spent getting to trial. How did the appellate court rule on his appeal? Click on the following link to find out.
The City of Irvine has a municipal code section, 4-14-803, that used to bar registered sex offenders from entering a city park without prior city permission if the victim of the offense was a minor. In 2012, a man entered the park without prior permission and was thereafter prosecuted for a misdemeanor. He argued that the local ordinance was unconstitutional because the state scheme for regulating city employees was so comprehensive as to intend to regulate the issue completely. How did this argument fair? Click on the following link to find out.
Our clients often present facts that we think could make new law by stretching common concepts to a new limit. The following case summary of a reported decision was one of these cases, inviting a judge to allow religious custom as an exception to dissuading a witness. Did the judge allow such a new twist on the law? Click on the following link to find out.
In drug cases, DUI cases and sex cases (or any other case where DNA evidence is at issue), the prosecution may attempt to introduce a laboratory report to show the identity of the suspect or the level of alcohol or type of substance. When is such a report considered testimonial and when is it just an observation? If testimonial, does defendant always have a right to cross-examine the laboratory worker? Click on the following link to find out.
Many sex offenders resist registering as ordered by a judge. It is embarrassing and involves going to local police or sheriff’s station. Many sex offenders complaint that the police then hold the person for several hours while they “process” the registration. Many sex offenders are skeptical of this claim and hate so vulnerable. However, there are serious consequences for disregarding this obligation to register. Click on the following link to read more about this.