Petition for Factual Innocence – Must One Wait to File?

Whenever one is arrested and then released after police rule out the person as a suspect, that person feels vindicated, but also remains concerned about an arrest on one’s criminal history. What can one do? Can one ask the judge to make a finding of factual innocence? The answer is yes, but how soon can one seek this? Immediately? To read answers to this question, click on the following link.

Why Is Reverse Extrapolation of One’s BAC Junk Science?

It is quite common in DUI cases involving traffic accidents or when a person runs out of gas for more-than-usual time to pass before the police test one’s blood alcohol content (BAC) either via a breath machine or blood sample. What if two hours passes after one was driving, but the BAC is measured at 0.07%? Surely that means when the suspect was driving, his or her BAC was over 0.08%, right? To reach such a conclusion, one must reverse extrapolate a BAC. This is unreliable and thus, junk science. To read why, click on the following link.

In Selecting a Jury, Who Is an Ineligible Juror and Why?

In selecting a jury, the most common reason for thanking and excusing a juror is that the juror “does not possess sufficient knowledge of the English language” as required of a juror under Code of Civil Procedure § 203(a). This is so because with such a capacity, the person cannot deliberate the issues with other jurors in a meaningful manner. This could be true even for someone, unfortunately, whose native language is English, but is simply not too educated. To read more about this issue, click on the following link.

When Would Having a Small Wooden Bat Be a Crime (PC 22210)?

Many of us have been to a Dodger or Angel game where a small souvenir bat is given to everyone who comes to the game. One can also buy such a small bat as a souvenir for a variety of products. Certainly, having such an item cannot be crime if it is legal to sell it, or is this untrue? To read about when having such a small bat would be a crime, click on the following link.

What Is the Law on Vaping by Juveniles? Punishment?

“Vaping,” or using electronic cigarettes, is an increasingly popular practice among teenagers in California.  However, it is use of tobacco and nicotine, which is highly regulated for anyone under 21.  Consequently, certain laws do apply to juveniles who vape. What are the penalties for merely having a vaping device?  What about using it?  To read more about this area of law, click on the following link.

Prop 57 Resentencing: Who Has Authority to Implement It?

With news that Proposition 57’s provisions have finally been specified, how does one go about ensuring that it is applied to oneself of one’s loved one if that person is eligible?  After all, is there an affirmative obligation to request its benefits or must just hope that the California Department of Corrections and Rehabilitation reviews every inmate’s eligibility and applies it?  For answers, click on the following link.