Category Archives: Criminal Defense
California Bail Policies
There are over one million adult arrested in California on an annual basis. Current statistics reveal that approximately one third of these individuals are bailed out, and only about three percent (3%) fail to appear in court for one or more legal proceeding. The Eighth Amendment of the U.S. Constitution guarantees equal protection of the … Read More
Should a Lawyer Predict the Outcome or Result in a Case?
It is not uncommon for a prospective client and, for that matter, even an existing client, to inquire as to the likely result(s) in the handling of their case. It is simply unwise to predict an outcome or even worse to speculate on what can be expected. I do not predict the expected or anticipated … Read More
Court of Appeal Recuses Orange County District Attorney’s Office in Murder Case
On November 23, 2016, the Fourth District Court of Appeal affirmed the Superior Court’s Decision recusing the entire District Attorneys Office in Orange County [OCDA] in the penalty phase of a case in which the defendant had previously pled guilty to eight counts of murder. The Superior Court concluded the OCDA had such a severe … Read More
WHAT TO DO IF YOU GET PULLED OVER?
Knowing what to do in the event you get pulled over is very important. However, it is equally important to know the reasons for getting stopped by a law enforcement officer so as to avoid being pulled over in the first place. Here are a few of the top reasons: Speeding. Clearly, driving above the … Read More
Federal Appeals Court Bars DOJ From Prosecuting Medical Marijuana Cases
On August 16, 2016, a three- judge panel of the 9th Circuit of the United States Court of Appeals (this is the federal appellate court that covers California) ruled against the Federal Government, holding the Department of Justice (DOJ) cannot prosecute marijuana cases when a STATE permits medical marijuana &/or a business or individual is … Read More
California Petty Theft Laws: Detention and Civil Demands
Unless specifically set forth as grounds for Grand Theft, the Petty Theft laws apply, as follows: Â Petty Theft is often referred to as shoplifting; as a general rule it takes place when one obtains property by theft, that involves a value less than nine hundred fifty dollars ($950); A first conviction generally constitutes and is … Read More
California Measure on November Ballot to Repeal Death Penalty
Residents of California over 18 years of age and a U.S. citizen who are not currently in prison or on parole for the conviction of a felony and not currently found mentally incompetent by a court will have an opportunity to vote in the November election whether to repeal California’s death penalty law. If passed, … Read More
Are Firearms The Real Problem or People Who Abuse them?
With the escalating scourge of mass killings, we are obliged to examine both the underlying causes of and potential solutions to drastically reduce mass shootings, by those with depraved and evil minds, sociopaths, psychopaths, terrorists and barbarians who without any conscience (morals) whatsoever use military style assault weapons and/or stockpile and then utilize huge quantities … Read More
Appeals Court Upholds California Death Penalty
On November 12, 2015, the United States 9th Circuit Court of Appeals upheld the constitutionality of the California Death Penalty and in so doing reversed the ruling by the US District Court that decided under the 8th Amendment it was unconstitutional as cruel and unusual punishment because of lengthy and unpredictable delays. The California Attorney … Read More
Is a University Liable for Violence on the Campus?
The California Court of Appeals was scheduled to hear oral argument on Friday, August 7, 2015 in a case filed in 2010 by Katherine Rosen against her attacker and UCLA, which is governed by the Regents of the University of California; at the time she was a UCLA student who was stabbed and had her … Read More