Taking a Deposition in a Criminal Case Out of State

To preserve the testimony of a witness who lives outside California (particularly if the witness may die soon or is beyond range of a subpoena for trial), it is important to know the procedural rules involved so that the deposition takes place with minimal issues or opposition. To read about what can be involved and what to be aware of, please click on the following link – Taking a Deposition in a Criminal Case Out of State

Tax Evasion and a Statute of Limitations Defense

Most people would think the statute of limitations for tax evasion starts from the date of the last filing of a tax return at issue. However, this is not always the case, as the statute can start after the return was filed with an affirmative act in furtherance of the evasion. The following summary exemplifies this and explains why this is so. To read the summary, please click on the following link – Tax Evasion and a Statute of Limitations Defense

Senate Bill 317 Isn’t Retroactive in Competency Cases

Senate Bill 317, allowing those deemed incompetent to receive good conduct credit while in custody and receiving treatment, is not retroactive under In re Estrada because it does not reduce punishment. Instead, SB 317 incentivizes good conduct while in custody. To read more about this equal protection issue and the appellate court’s reasoning, please click on the following link – Senate Bill 317 Isn’t Retroactive in Competency Cases

Murder Conviction Reversed; Cop Coerces Confession

In the following summary of a recent Fourth Appellate District case, a father confesses to murder when police threaten to charge the father’s sons with murder if he does not confess. The appellate court found this confession was inadmissible because it was the product of coercion when there was no probable cause to otherwise arrest the father’s sons. To read more about his interesting case, please click on the following link – Murder Conviction Reversed; Cop Coerces Confession

The Right to Subpoena Electronically Stored Information

Requesting, responding to and objecting to electronically stored information can be complicated and consequently, is tightly regulated with a multitude of rules and procedures. To read more about this topic, please read this article to avoid common mistakes –The Right to Subpoena Electronically Stored Information

Helpful Information About Subpoenas for Documents & Videos

Having a third party preserve evidence and then share it may not always be possible in certain factual patterns, so it is good to understand generally what is and is not possible. Likewise, if one possesses such information, it is prudent to know one’s rights and obligations, particularly when a judge can issue a sanctions order for bad faith conduct. To read more about discovery limits, protocol and general obligations, please click on the following link – Helpful Information About Subpoenas for Documents & Videos

Applying AB 567 When Defendant Age 22, Sex Offense

Sentencing under Senate Bill 567 (codified at Penal Code § 1170(d)) makes the middle term the presumptive term if probation is denied. However, the lower term may be imposed if defendant was under age 26 when the offense took place, even if the offense is a sex offense, as the following case explains. To read a summary about this case, please click on the following link – Applying AB 567 When Defendant Age 22, Sex Offense

Appeals: In an Opening Brief, What Should be Stated?

Great care must be used in writing an opening brief, not only in using proper format, spelling, punctuation and grammar, but the content as well. The following article briefly discusses the required format and the required content according to the California Rules of Court. To read more about an opening brief, please click on the following link – Appeals: In an Opening Brief, What Should be Stated?

I Want to Appeal, But How? When? Deadlines?

The deadlines and content of documents related to an appeal or writ must be known by anyone seeking to appeal a judgment or challenge a ruling. The following article sets forth those deadlines, what a certificate of probable cause is and when it is required and other information helpful to anyone seeking a ruling from a higher court. To read this article, please click on the following link – I Want to Appeal, But How? When? Deadlines?

What Does AB 333 Change for Gang Enhancements?

In several significant ways, Assembly Bill 333 changes Penal Code § 186.22, which sets forth the legal requirements for finding a defendant committed a crime to benefit, promote or assist a criminal street gang. This article describes and explains the significance of such changes. To read this article about the changes to the sentence enhancement imposed under 186.22, please click on the following link – What Does AB 333 Change for Gang Enhancements?