Recently a man was convicted in Orange County California of murder. Essentially this Defendant was initially attacked by a group of gang members who chased him and threw beer bottles at him. In response the Defendant attacked the group who had initially assaulted him with a gun. He shot at…
Petty theft, or a violation of Penal Code Section 484-488, is when someone steals an item or items of value when that item(s) doesn’t have a large dollar value. It used to be that if what was stolen was worth less than $400.00 is was clearly a misdemeanor violation, commonly…
Residential burglary occurs when someone enters the residence of another with the intent to steal or commit a felony inside the home. The “normal” burglary is one where the burglar enters the home by forcing some kind of entry. Entry into the home through a window or forcing a door…
Recently I had the opportunity to teach a class to other attorneys. All attorneys are required to attend and complete mandatory continuing education classes on various issues in the law. One of those classes offered was “How To Defend A First Time DUI”. Since I am a Certified Specialist in…
Recently the Los Angeles Times ran an article about several Los Angeles County Sheriffs’ deputies who had their testimony rejected by a jury. The case involved the deputies testifying that a defendant possessed a concealed firearm. One deputy in particular testified that he saw the defendant in a side yard…
I recently had a case in which my client was charged with evading the police, assault on a police officer, and resisting arrest. The police reports read like a one man crime wave. The client sped away at a high speed from the police, failing to yield to the lights…
Before 1997 if someone was injured by a defendant during the commission of a crime and died more than three years and a day after the crime, he could not be convicted of murder. Recently, a case came before the Court of Appeal that tested this assumption. Two defendants, Robert…
“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…