It is often perceived that one courthouse is uniformly tough on certain types of cases, i.e. all Orange County courthouses on DUI, or biases against people of a certain race or ethnicity. Can one move the case to a friendlier courthouse? If so, what must one show to the judge to get such a transfer? Click on the following link to find out.
Do you feel like you were pulled over for no reason? Do you believe the cops were targeting you or your car and were just itching to pull you over? Was the reason they told you for the stop unbelievable? A Harvey / Madden motion may be a way to get the police audio tape that has the police discussing a stop of you before there was even a possible Vehicle Code violation, i.e. you were waiting at a red light. What is such a motion? Click on the following link to read about it.
It is lost on no one when a person suspected of massive drug sales posts bail immediately: the money used for bail most likely came from the sales. Can a judge order the defendant back to jail if he cannot show the money was from legitimate sources? The answer is yes, but the protocol for the prosecutor requesting the source of bail merits closer scrutiny. To read about a motion to examine the source of bail, click on the following link.
There are many issues involving Proposition 47 relief that the legislature did not address in writing the statute we know as Prop 47. Receiving stolen property, Penal Code § 496, is one of the few theft offenses eligible for resentencing under Prop 47. This crime can be committed to benefit or promote a criminal street gang, as it was for Leo Sweeny, who was convicted of this with the enhancement. He later petitioned for resentencing under Prop 47 and the issue was whether such a serious enhancement barred reclassifying the conviction as a misdemeanor. To read the answer, click on the following link.
Occasionally, a person who thinks he is being clever (and is not) does something that a trial court judge recognizes as not so clever, but the person appeals the ruling. Once the appeal is filed and the appellate court assigns a briefing schedule, the person is most likely guaranteed a published opinion for all to see. In the following summary, a person with illegal items in his jacket was pulled over. He jumped out of the car, took off his jacket and tossed it back in the car. He then tossed in his keys, too, locked the door and closed the door. Did this prevent the police from searching the car? Click on the following link to find out.
Proposition 57, which allows certain nonviolent offenders eligibility for early parole consideration if they participate in certain programs in prison (i.e. earn a college degree and reduce one’s sentence by six months, or attend a year of life skills, AA, NA, batterers classes or anger management classes) and reduce one’s sentence by one month), has yet to define what are nonviolent offenses. However, click on the following link to read what is this office’s best guess on what will not be on such a list.
What is a primary offense under Proposition 57? How is the full term for such an offense defined so as to make the prisoner eligible for consideration for parole? While such a offense must be “non-violent,” how is the primary offense defined? To read more about this provision under Proposition 57, click on the following link.