Expungement in California used to be limited to Penal Code Section 1203.4. Under Penal Code Section 1203.4 an individual can petition the court to withdraw a guilty plea, a finding of guilt by a jury or court, and have the case dismissed. The arrest remained on the record but the…
A Defendant was accused of being a gang member and committing a murder for the benefit of the gang. The District Attorney wanted the testimony from one of the Defendant’s fellow gang members. This potential witness had seen the shooting and had crucial relevant testimony that was wanted by the District…
Thousands of small replica wooden bats are given out every year at major league baseball parks. I got one at the Angels game I attended a few years ago. If I’m driving in my car with that small wooden bat under the driver’s seat of my car is that illegal? …
What happens when a defendant says he didn’t understand that his guilty plea would lead to his deportation? Is it possible to withdraw the guilty plea when the defendant is no longer in custody on the basis that he didn’t understand the consequences of the guilty plea on his immigration…
New Rule of Professional Conduct RPC 5-110(D) Defense attorneys used to argue all the time with the prosecutors about whether or not they were required to turn over exculpatory evidence (evidence pointing towards innocence) they, the prosecutors, didn’t deem “material”. In other words, the prosecutor got to decide what would…
I have tried at least fifty cases that included a police officer who is called by the District Attorney as a “gang expert”. The gang expert always testifies that the crime committed by the accused was done for the benefit of his gang. This testimony occurs even when the crime…
Under new legislation, youth 15 years of age and under must be provided a consultation with a lawyer before being interrogated and waiving their Miranda rights. As we all know, the Miranda case held that if someone is in custody and being interrogated by the police they must be told…
When the police stop your car and arrest you, can they search your car too? Many times when someone is arrested they’re in their car driving down the road just before the contact with law enforcement. The law states that when police impound a car they can conduct an inventory…
When someone gets invited into a home, can he be charged with burglary if he commits a crime in the house? To commit a residential burglary you have to enter a home with the intent to commit theft inside or a felony of some kind. In the recent case of…
For years the law in California was use of a gun in the commission of a felony meant a State Prison sentence if convicted. The consequences of gun use in commission of a crime went beyond just the fact that it made a State Prison sentence mandatory, it also meant…