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…
Even if you aren’t familiar with the justice system, most people have heard of Miranda rights by watching TV. These are rights that are guaranteed to a person when he/she is arrested and the police want to interrogate the person. Before the police question anyone they have placed in custody,…
There is good news for juveniles convicted of crimes that required a life without the possibility of parole sentences. New California legislation provides relief for individuals who were convicted of crimes that required a life without parole sentence if they were under the age of 18 at the time the…
Here is the scenario: Bob is fishing at Lake X. Sally is swimming and seems to be struggling and then disappears beneath the water. Does Bob, who is an excellent swimmer, have a duty to help save Sally? In a word, NO. Legally, he has no duty or obligation to…
Can prosecutors strike minorities from a jury simply because of their race? Since 1978 criminal attorneys in California have not been allowed to remove potential jurors from a jury simply because of their race. During voir dire, or jury selection, counsel on both sides have preemptory challenges and can remove jurors for…
Restored Faith My job, as a criminal defense attorney, is difficult. The judges, by and large, are against me and my client. The District Attorney is often unwilling to be sympathetic to the human side of my client’s actions. The criminal justice system is harsh and devastating to many who…
On March 24, 2013, an off-duty Cathedral City police officer went to a restaurant to get dinner with a couple of friends. After the officer was seated he noticed a table with several tattooed men who kept staring at him menacingly. One of the men at the table, Mario Alberto…
The short answer to the question of whether you are responsible to pay for restitution when you are involved in a car accident when you were NOT at fault is NO, you don’t have to pay. It seems like common sense that if you did not cause the accident you…
So you find yourself on probation after working out a plea bargain with the District Attorney. Your lawyer and you have entered into a deal where you will spend 3 years on formal supervised probation. What does this really mean to you though? Being on probation is when you…