Six Motions to Consider in Sentencing of a Criminal Case

More attorneys do more damage to their clients in sentencing than at any other phase of a case, by not protecting the clients’ rights.  Yet it is an often overlooked area of the case, as it comes at the end of a fight and is often viewed with resigned fatigue and a sense of hopelessness.  This is a big mistake.  The following article presents six motions that may be applicable in sentencing, as these are common motions.  To read the article, click on the following link.

Got a DUI and Live Outside CA? What Is a 1650 Waiver?

If one visits California for a vacation or on business and picks up a DUI, or moves from California with pending DUI charges, how can one satisfy the DMV’s requirement that the DUI course be taken in person in California?  What if one lives in New York?  Is that person supposed to fly back and forth for 36 classes?  What can be done to excuse someone from this requirement?  To read about a 1650 waiver, click on the following link.

Six Motions to Consider Filing for Rulings Before Trial

As one approaches trial, with a plea bargain that defendant just refuses to accept, it is good to signal to the prosecutor that one is prepared for trial.  This can help improve the plea bargain on the eve of trial.  Filing certain motions can signal that defendant has reviewed the issues thoroughly.  What are some motions to file, if applicable?  Click on the following article for a suggestion of six motions that may apply.

Are a Stay Away Order & Residency Restriction OK in § 666?

If one is convicted of felony petty theft with a prior under Penal Code § 666, may a judge impose a stay away order from all Target stores (including the associated parking lots) and a residency restriction (related to his being a registered sex offender)? The stay away order, insofar as Target parking lots are often shared with other businesses, was challenged as unconstitutionally infringing upon the defendant’s right to travel.  How did this argument fare?  To read about what the court said, click on the following link.

Prop 57 Requires a Fitness Hearing for Juvenile’s Retrial

Imagine being fortunate enough to grow up in Palos Verdes with the strong public schools and the safe neighborhoods.  Imagine also becoming a heroin addict despite this, as our client, age 24, arrested in Long Beach was.  Our client was arrested for sales of heroin and Xanax.  He had a rap sheet that was far too long for someone only 24 years old.  How did our office resolve this rather sad case?  Click on the following link to find out.

Eleven Common Criminal Law Motions to Consider Early

Occasionally, a person will call our office and demand to know what motions we plan to file if we represent the caller.  Our answer depends upon the case facts and the client’s criminal history, but there are certain motions that are filed more often than others, as there are certain issues that arise across many types of offenses.  The following link is to a short article listing eleven of the more common motions we have filed in the past for clients that are good to review to ensure one is considering the common issues.

Be Very Careful What You Say Over the Phone from Jail!

It is common for those in custody to feel powerless and removed from their families and friends.  This is the nature of being in custody.  However, some people try to overcome that feeling by using the phone to intimidate witnesses, direct gang activity and brag about what they did, assuming no one will ever find out.  This is a reckless thing to do, as the following case summary exemplifies.  To read this summary, click on the following link.

Penal Code § 1385 – What Is Required? The Limits?

When can a judge exercise his authority to dismiss a case “in the furtherance of justice?”  Can he or she just do it when the merits of a case appear lacking?  Must he or she only act upon the request of a prosecutor?  Can the judge just do it on his or her own accord?  To read more about this power and when it can be used, click on the following link.

Can a Defendant Choose the Judge for a Marsden Hearing?

The reader of this blog may smirk when reading the question posed in the title above.  One judge may become the perceived sympathetic judge to anyone claiming his or her rights under Marsden.  So can one specify a certain judge to hear this motion? The answer is not quite as simple as one might expect.  Click on the following link to find out.

Can I Get a Copy of My File from the Court and If So, How?

Many folks call our office and ask us to go to the local courthouse to get them a copy of their court file.  Is it that easy?  What about the identify of underage victims in a child molestation case?  What if the case is up on appeal?  What if it is a federal case?  In other words, are their exceptions to just writing a big check and being handed a stack of photocopied material?  Click on the following link to find out.