While our office does not handle civil cases for elder abuse, we do get quite a few phone calls asking for information about such a case. The phone call usually comes from a concerned heir of the elderly person, sometimes seeking to preserve an inheritance and other times honestly concerned about the safety or welfare of an elderly person. Often, the motivation for the call is a combination of the two interests. To read about what is required for a civil case for elder abuse, click on the following link.
When a case is a misdemeanor, the custody credits can be higher than a case that is a felony. The factual situation leading to this is often when a person is sentenced on a felony for one thing, i.e., a strike offense to be served at 85% minimum, and a felony, i.e., possession of a controlled substance, at the same time, but with consecutive sentences so that the possession charge is served at 85%. If the possession charge is reduced to a misdemeanor, does the amount of time one serves drop to 50% maximum? To read the decision of an appellate court on this very topic, click on the following link.
It is easy to appreciate how a witness’ documented history of hallucinations or a psychiatric condition that affects one’s truthfulness could be useful to a defendant in a case built upon that one witness’ statement to police. But how does one obtain such records legally? Does a judge need to be involved and if so, what is the proper way of seeking such records? Click on the following article to find out.
If one’s felony conviction is reduced from a felony to a misdemeanor, what are the consequences for owning a firearm? Does this restore the right to purchase, own or possess a firearm and ammunition? The answer is at Penal Code § 1170.18(k). What does it say and how is applied? To read about this, click on the following link.
Brady v. Maryland is often misunderstood case among prosecutors, defense attorneys and even judges. After all, there are limits to the prosecutor’s duty to disclose. However, what exactly is the scope of the prosecutor’s duty to produce evidence? Must the prosecutor disclose evidence, for example, that it has to impeach a defense witness? Must the prosecutor produce non-exculpatory statements from defendants? For answers to these questions, plus other information about Brady, click on the following link.
Generally speaking, depositions are a creature of civil litigation and are not taken in criminal cases. However, there are exceptions to this rule. A “conditional examination” can be taken in a criminal case before trial to preserve testimony of a witness who may be in poor health or of an advanced age. What are some other exceptions? Click on the following link to find out.
It is not uncommon for a victim of a crime, especially a gang crime, to have a criminal record. Does such a record help the defendant? The answer is, as in many things in the law, it matters how old the conviction is, what it is for (felony or misdemeanor) and what defendant is now charged with. To read about what things matter in this context, click on the following link to read an article about this common issue.