When one is arrested for DUI and feels the whole world is against one, it is a common response to blame the people who served alcohol. Maybe they encouraged you to drink more than you intended. But can one sue the bar or the party host for this? To read a short article on the limited circumstances under which this may be possible, click on the following link.
The recent (2018) appellate court decision of In re Kenneth Humphrey is gold for those challenging excessive bail, as it encourages judges to consider the financial resources of a defendant and alternative methods of assuring public safety in lieu of bail. It is much appreciated by criminal defense attorneys and of the judges that I have mentioned it to in requesting lower bail, it has been helpful. To review what the Kenneth Humphrey case says, click on the following link.
When someone is sent to jail or prison to serve a sentence, there is a little-known provision under Vehicle Code § 41500 that permits one to remove a DMV hold on a license over a failure to pay certain traffic tickets. Section 41500 does not apply to felony DUI, misdemeanor DUI or reckless driving, but it does apply to most other Vehicle Code violations. To read more about § 41500 and how to ask a judge to apply this to one’s traffic tickets, click on the following link.
Increasingly, attorneys use Google to research potential jurors if their names or anything else identifying can be gleaned during jury selection. Attorneys can view such juror’s social media postings and learn if the juror would be biased against their client or sympathetic to the client’s key arguments. This can be ethically dangerous in certain situations, so an attorney must be careful. To read more about this issue, click on the following link.
In many domestic violence cases, especially misdemeanors, the prosecution may offer to resolve the case for a plea to Penal Code § 242, also known as simple battery. To many of our clients, they want a dismissal instead so they are furious with such an offer and do not pause to consider why such a plea is considerably better than a plea to domestic violence, Penal Code § 273.5. What is the difference? To read an article on this topic, click on the following link.
When judicial diversion expired as a program for most first-time misdemeanor offenders in late 2017, criminal defense attorneys, judges and even prosecutors dug in the Penal Code to see if there was any other way to quickly resolve such cases for otherwise eligible offenders. Penal Code § 1001.1 was selected as such a way. What exactly does it allow and how does it work? To read about 1001.1, click on the following link.
In downtown Los Angeles, the Los Angeles City Attorney’s office has a great pre-filing diversion program called the Neighborhood Justice Program for youthful first-time offenders charged with minor crimes. How does this program work? Is a dismissal guaranteed? To read more about it, click on the following link.
Anyone convicted of a serious felony, as defined under Penal Code § 1192.7(c), faces an additional five years in prison if he or she ever suffered a prior serious felony, including a conviction in another states that meets the elements of a California serious felony. While this law seems rather clear, and is in most situations, it can become complicated. For examples of how it has been applied in complicated scenarios, click on the following link.
What is the difference between SCA (Sexual Compulsiveness Anonymous) and SA (Sexaholics Anonymous) meetings? If one is accused of a sex offense such as indecent exposure (Penal Code § 314), which meetings should one attend if your attorney suggest this or the judge orders this as a condition of bail? What format do each group’s meetings follow? What is their underlying philosophy or goals? To read more about these two organizations and their differences, click on the following link.
Why is is smart to immediately get a supplemental insurance policy if one is arrested for DUI, even before one has a DMV hearing? Isn’t is just an expense that is unnecessary? What is an SR-22 anyways? How can having a supplemental insurance policy actually save money if one is convicted of DUI? To read answers to these questions, click on the following link.