A judge must order the release of police records about misconduct involving moral turpitude and discipline concerning a certain officer if the judge finds the material is exculpatory to defendant and material to the case. Materiality is measured by whether it is reasonably probable that disclosure of the documents would change the outcome. How exactly does someone request such documents and have a judge make a ruling that can help defendant? Click on the following link to find out.
It is quite common for our clients facing prison to ask if a “joint suspended” is possible. This is a plea agreement wherein defendant is sentenced to prison, but imposition of the sentence is suspended. This means defendant does not get remanded and sent off to prison. He then serves some time in county jail (followed by formal probation) or is released on formal probation, but if he violates probation, he immediately is sent to prison. Is this a good deal? To read about a joint suspended, click on the following link.
If the city of county in which one lives in California has not set forth regulations for your cultivation, distribution or sale of marijuana in light of Prop 64’s passage, one must meet state regulations instead. What exactly are these rules? How does one go about seeking a license or permit? Click on the following link to find out.
If you are keen to smoke, grow or otherwise enjoy marijuana or make money from its legalization for those over 21 and you live in Palos Verdes, do not get too excited. Each city within the Peninsula (PVE, RPV, RHE and RH) has offered guidance for what they will allow for cultivating, distributing or even setting up a dispensary. To read about each city’s policies, click on the following link.
If one has one’s identity is stolen and there is a conviction for a crime one did not commit, there are ways to straighten this out and have the conviction vacated. Obviously, it the booking photo does not match with you, that is a good start, but what if the offense never involved defendant going to the police station? Then a declaration and a Petition for Factual Innocence under Penal Code § 851.8 is what is needed. To read more about this procedure, click on the following link.
Remain silent is our best advice to anyone questioned when in custody. Do not speak until an attorney is provided to you. Do not naively trust the ICE agent to treat you with leniency if you cooperate by answering his or her questions. The scope of the questions may not be limited to only your immigration status, but they may be broad enough to include the alleged offense leading to being in custody, so even if you are a citizen, your bail may increase based on your answers. To read more about this stressful situation, click on the following link.