Probation Violation Matter Dismissed in Torrance on Double Jeopardy

Being faced with a probation violation can be an extremely stressful situation. Not only does one face punishment on a new charge, but one faces punishment for violating probation from an earlier charge. It can seem overwhelming, especially if the new charge and the probation violation are untrue. In the following case, it seemed like our client was caught in the middle of such a situation. However, we were able to help him be released form jail with no probation violation. To read about this case, click on the following link.

https://www.greghillassociates.com/torrance-double-jeopardy-probation-violation-dismissal.html.

Bail Reduction Success Story – Client Very Happy

If one is held in custody with bail that is far more than can be posted, it can seem like one is being jailed for being poor. It seems unfair, especially if one has a small role in an alleged crime, but his or her participation is being overstated. With the new recent case of In re Kenneth Humphries and possible bail reform laws pending, cash bail may become history. Until then, good old-fashioned bail reduction motions will be needed, as this case exemplifies.

https://www.greghillassociates.com/torrance-bail-of-70-000-reduced-to-zero-armed-robbery.html

How Can I Get Dirty Cop Records More Than 5 Years Old?

The answer to the rhetorical question posed in the title to this blog post is to request such records under the federal standard under Brady v. Maryland. However, to understand how the federal standard applies, so as to go beyond the California limit of five year stated under Penal Code § 1045(b)(1), one should familiarize oneself with City of Los Angeles v. Superior Court (Brandon)(2002) 29 Cal.4th 4. To read a short review of this case, click on the following link.

https://www.greghillassociates.com/how-can-i-get-dirty-cop-records-more-than-5-years-old.html.

Our Favorite Graffiti / Vandalism Case

Most vandalism and graffiti cases are not funny.  They involve someone damaging the property to annoy or anger someone else.  In the following case out of Lancaster, our client had no prior criminal history.  He was an engineer with a promising career for a defense contractor.  He wanted to inspire those younger than him to “Aim Higher” and become ambitious, to take their education seriously and work hard.  He then spray painted dozens of inspiring messages around the city (graffiti) and was eventually caught.  He was charged with multiple felonies.  To read how we resolved this case, please click on the following link.

https://www.greghillassociates.com/lancaster-6-counts-felony-graffiti-plea-to-1-misdemeanor.html.

One of Our Favorite Drug Cases

Most of the drug cases we handle involve very small quantities of some controlled substance.  The following summary involved a client having possession of far more than just a few grams or even a few ounces.  It involved six and a half pounds of marijuana.  The traffic stop of our client was questionable and the subsequent search of his car was after a warrant was obtained.  Yet we managed to persuade the Airport District Attorney’s Office not to file the case.  To read more about this case, please click on the following link.

https://www.greghillassociates.com/airport-courthouse-6-5-pounds-of-pot-at-fedex-no-file.html.

One of Our Favorite DUI Cases

We at Greg Hill & Associates have handled over 200 DUI cases, some to a jury trial, some were felonies with loss of life, some were non-alcohol DUI’s and some were rather undramatic first-time DUI’s.  Each one is different and each one has at least one important issue that we hope will lead to a dismissal or reduction of charges.  The following case involved a very suspicious traffic stop and we had the case dismissed, even though our client’s blood alcohol content was 0.23%, or almost three times the legal limit.  To read more about this case, please click on the following link.

https://www.greghillassociates.com/long-beach-0-23-bac-case-dismissed-by-judge-on-motion.html.

What Is a Vickers Hearing for a Probation Violation?

As one judge (who will remain nameless) asked me, “what is a Vickers hearing anyways?” not many people understand what a Vickers hearing is. Simply put, it is a contested probation violation hearing wherein counsel representing defendant may insist upon a more strictly applied preponderance of the evidence burden of proof. What we find is that demanding such a hearing focuses the judge on the case more than he or she may otherwise look at it and the prosecution reevaluates its evidence. For more information about this hearing, please click on the following link.

https://www.greghillassociates.com/what-is-a-vickers-hearing-for-a-probation-violation.html.

What Is a Franklin Hearing? What Is It for?

The California Supreme Court’s ruling in People v. Tyris Lamar established the right of anyone sentenced to a lengthy sentence for a crime committed when that person was age 26 or under to request a rehearing if certain information relevant at a youth offender hearing was not presented. This is called a Franklin hearing. For more information about what takes place at such a hearing, please click on the following link.

https://www.greghillassociates.com/what-is-a-franklin-hearing-what-is-it-for.html.

Criminal Court Fines Can Be Based on Ability to Pay?

It is wryly said by some that the choice of whether to pay an astronomical fine or serve time in jail is really no choice at all if one cannot possibly pay the fine. The choice is whether the person wants to serve time in jail or serve time in jail. This changed recently in a recent reported decision involving Ms. Velia Dueñas. To read more about this case, click on the following link.

https://www.greghillassociates.com/criminal-court-fines-can-be-based-on-ability-to-pay.html.