In handling a DUI or sex offense matter that has a parallel civil case, a criminal defense attorney must be very careful and also resourceful in seeking valuable information commonly exchanged in a civil case. In the case of a DUI, the most common parallel proceeding is a civil personal injury matter. In a sex case, there may be a civil negligence action again the defendant’s employer. The smart criminal defense attorney do much harm and much good. How? Click on the following link to read an article that addresses this in more depth.
Overlooked in the euphoria about Prop 47 is a more-than academic hypothetical that seeking resentencing under Prop 47 can be a bad thing. Most people simply never consider this can happen. However, it can and one should be aware of this. To read about this situation, click on the following link read about the facts that allow this nightmare.
If one is charged with the illegal cultivation of marijuana, a defense can be that the cultivation was entirely legal. However, the facts necessary for determining this must be provided to the judge (if a bench trial) or the jury if a jury trial. An expert in the cultivation of marijuana must usually testify as the methods and manner of cultivation calls for information above or beyond common knowledge of an average juror. What must such an expert know? Click on the following link to read about a case where these issues were put to the test.
It is not uncommon for our office or a client to go to court and be told, “nothing was filed yet.” What does this mean? Does it mean the case may be filed later? Does it mean it is less likely now that the case will be filed? How long does the prosecutor have to file the case anyways? Is there a normal time by which they file a case or decide to drop it? Click on the following link to read answers to these common questions.
It can be quite uncomfortable to have the police point their guns at you, especially if you have been erroneously identified as a suspect in a crime. The police may yell orders at you to lay face down on the ground while you try to explain you did nothing or they have the wrong person. Is there a civil rights violation in all of this? Worse yet, what if the police contact is based on an anonymous tip, i.e. a vengeful ex-wife or a spiteful ex girlfriend? Read answers to these questions by clicking on the following link.
If someone is obsessive-compulsive, or takes Ritalin, or smokes a lot of marijuana, can not guilty by reason of insanity be a defense? What if the person was intoxicated by alcohol or drugs when the offense was committed? Is that not guilty by reason of insanity? What is required to assert such a defense? To read about this often considered defense, click on the following link .
Can someone seek a certificate of rehabilitation under California law for a sex crime that was adjudicated outside California? The question would certainly seem to encourage all sex offenders in the county to flock to California if the standard here was lower than in the other states. Such a ruling also could undercut the authority of the other states. However, in Riverside County, the judge granted a Michigan sex offender’s certificate of rehabilitation and the DA appealed. How did the appellate court rule? Click on the following link to find out.
As defense attorneys, we occasionally see a prosecutor playing dirty. Luckily, this is not very often, but each time it is noticed, we wonder how many times the prosecutor did so and it went unnoticed. In the following case, the prosecutor did not reveal problems with a particular sniff dog. The defense attorney coincidentally found out about this and the murder conviction of his client was overturned. To read more about this case, please click on the following link.
The heat of passion defense to murder is often claimed, as it is fairly rare that someone murders another person without some reason. If one cannot claim this defense successfully, the jury can even consider such an attempt adversely. In the following case summary, this defense was alleged over a murder ironically at a birthday party. How did the appellate court rule? Click on the following link to find out.
Financial elder abuse is often alleged as simply a way of complaining about an inheritance that is less than expected (or that has already been spent). Nevertheless, it also does take place. In the following summary of a reported appellate court decision, the insurance broker successfully defended himself. What were the facts that were relevant? What is the law on this issue? Click on the following link to find out.