“A party may not use a peremptory challenge to remove a prospective juror on the basis of an assumption that the prospective juror is biased merely because of his or her race, color, religion, sex, national origin, sexual orientation, or similar grounds.” Code of Civil Procedure Section 231.5. If a…
A Defendant has a right to have a jury of his peers decide his fate. Twelve people drawn randomly from the community who come to the courthouse and vote on the guilt or innocence of the accused. The Constitution requires the selection come from a cross-section of the population of…
When you are on vacation in Southern California or if you are here on business and you are arrested for DUI what happens if you fail to appear for your first court appearance? In order to be released when you are arrested, you will either post bail or be released…
Recently the California State Legislature passed a budget which called for massive cuts in the funding for California’s court system. These spending cuts will no doubt cause many litigants to have justice delayed or even denied altogether. Hundreds of clerks in the San Francisco County court system have been given…
A criminal defense lawyer must always be aware of whether his client is a citizen or not. A case can have huge a huge impact on a defendant’s life if he is not a citizen. Many city and county jails now screen their inmates to determine whether they are in…
Penal Code Section 278.5 controls the criminal law in the area of Court orders and custody proceedings. When a parent or other person or even a governmental agency has a right to custody of a child according to a Family Law Court order or any court of competent jurisdiction, that…
When you are arrested for a violation of Penal Code Section 266h you need a lawyer right away. The minimum sentence for a violation of the Pimping statute is three years in State Prison. If you are convicted of this offense the judge does not have the ability to give…
Why should you hire your attorney immediately? Some people will advise you that you don’t even need a lawyer. Others will tell you that you should wait to hire a lawyer so you can see what you are actually charged with or if you are charged at all. I would…
Unless a defendant is charged by way of a grand jury indictment he or she is entitled to a Preliminary Hearing. At a Preliminary Hearing a judge determines whether there is sufficient evidence against a defendant to justify going to trial. It is often called a probable cause hearing. Officers…
An elderly criminal defendant who commits a crime is in an especially difficult position. What does the criminal justice system do with a defendant who has violated the law but who is of an age where it makes no sense to put him in jail? An elderly defendant can be…