Can a Judge Grant a Motion if the Case Was Dismissed?

There are at least ten legal situations wherein a judge still has the power to act on a case even after it was dismissed under certain circumstances. To read about ten of the more common situations, please read a short article we wrote laying these situations out. To read the article, please click on the following link – Can a Judge Grant a Motion if the Case Was Dismissed?

Convicted Based on Illegal Search? Sue the Police?

If one is eager to sue law enforcement for an illegal search or illegal detention and / or arrest, it is wise to first understand the procedural requirements before filing such a civil case and likely defenses that may arise. To read more about such requirements and the likely hurdles that face such a litigant, please click on the following link – Convicted Based on Illegal Search? Sue the Police?

49 Misdemeanor Convictions That Result in Firearm Ban

There are 50 misdemeanor convictions under California law, including for misdemeanor domestic violence (Penal Code § 273.5(a)), that lead to a ban on one’s right to purchase, possess or own a firearm or ammunition. To read a list of such convictions, please click on the following link – 49 Misdemeanor Convictions That Result in Firearm Ban

Little Known Grounds for Receiving a Firearm Prohibition

There are over 65 ways under California law that one can lose one’s right to purchase, possess or own a firearm or ammunition. This article lists out the first 17 grounds, many of which callers to our firm or clients do not know. We list these out because one may try to purchase a firearm, only to be denied and not know why. To read the first 17 ways, please click on the following link – Little Known Grounds for Receiving a Firearm Prohibition

Motion to Suppress Denied on Gang Member, Drug Sale

In challenging an affidavit that leads to issuance of a search warrant, one should argue that there is an alternative, common sense inference that should have been taken from the officer’s observations, rather than the inference that evidence of a crime would be found in a location, i.e., a house. To read more about a case where a motion to suppress evidence was denied, based on challenging the affidavit in support of a warrant, please click on the following link – Motion to Suppress Denied on Gang Member, Drug Sale

AB 624: Challenging a Juvenile Fitness Hearing

Assembly Bill (AB) 624, allowing a direct appeal of a juvenile fitness hearing ruling that the matter was appropriate for adult court, is not retroactive because the bill itself does not directly or necessarily ameliorate or decrease punishment. The bill only permits an immediate appeal. To read a summary of a recent Second Appellate District Court ruling explaining this, please click on the following link – AB 624: Challenging a Juvenile Fitness Hearing

SB 620: Judge Denies Firearm Enhancement Reduction

A judge certainly may decline to strike a firearm enhancement. The criteria the judge should consider in deciding whether to strike the enhancement are the same criteria the judge considers in deciding what sentence to impose as to the charges on which defendant is convicted, as well as those in California Rules of Court, Rule 4.428(b), which the article presented below explains. To read the article, please click on the following link – SB 620: Judge Denies Firearm Enhancement Reduction

Does PC 4019 Apply to Incompetents at State Hospital?

Penal Code § 4019, concerning custody time credits available for presentence custody time served, does apply to those incompetent to stand trial (IST) while at a state hospital regaining competency, as the following summary explains. To read the short article with this summary, please click on the following link – Does PC 4019 Apply to Incompetents at State Hospital?

Does PC 186.22(b)(4) Apply to Conspiracy Crimes?

Penal Code § 186.22(b)(4), a sentence enhancement for crimes committed for the benefit of a criminal street gang, does not apply to incomplete crimes such as conspiracy. To read a summary of a California Supreme Court ruling explaining this, please click on the following link – Does PC 186.22(b)(4) Apply to Conspiracy Crimes?

May a Judge Order Testimony from a Person NGI?

A judge may not order an LPS (Lanterman-Petris-Short Act) conservatee to testify in an LPS proceeding because under equal protection principles, a judge may not order an NGI to testify in a criminal trial. The NGI’s right to remain silent in a criminal trial would similarly apply to an LPS conservatee in an LPS civil action because both individuals are similarly situated in facing involuntary confinement of an indeterminate duration. To read a summary of a recent California Supreme Court case holding this, please click on the following link – May a Judge Order Testimony from a Person NGI?