California Penal Code section 3055 provides that inmates who have been incarcerated for 20 years or more and are over the age of 50 or those incarcerated for 25 years or more and are over the age of 60 are eligible for what is called “Elderly Parole.” Even violent sex…
California Criminal Defense Lawyer Blog
The Firefighter Arsonist
Low risk, minimum custody status inmates in California may be eligible to serve all or part of their incarceration as a California Department of Forestry and Fire Protection (CAL FIRE) employee. The program is known as the Conservation (Fire) Camp Program. Acceptance into the program is highly sought after by…
Fake Watermelons Filled with Methamphetamine Seized at the Border
Here’s a recipe for the stupid criminal files: Fill large packages – about watermelon size – with methamphetamine. Form each package into a watermelon shape and cover each package with a wrapper that is printed to look like a watermelon. Oh, don’t forget to slap an agricultural sticker on each…
PROBABLE CAUSE TO SEARCH A VEHICLE REQUIRES OBJECTIVE FACTS
You’ve been stopped by the police for speeding. Can the officer search your vehicle without your consent? The answer is yes and no. Yes, the officer can search your vehicle, without your consent, if he or she has probable cause to believe your vehicle contains evidence of a crime. This…
AN ATTEMPTED ROBBERY AT FASHION ISLAND ENDS IN MURDER
A New Zealand couple’s vacation in Southern California ended in tragedy. The couple, a prominent businessman in New Zealand and his wife were visiting Newport Beach’s iconic outdoor shopping mall Fashion Island. There they were accosted by two men brandishing guns. Perhaps the two men didn’t intend their robbery to…
WHEN IS A LAW ENFORCEMENT DETENTION UNLAWFUL?
A law enforcement officer can perform a temporary investigative detention of an individual only when the officer can articulate specific facts, which considered in light of the circumstances, provides an objective reason to believe the individual is engaged, or about to engage, in criminal activity. (A detention occurs when an…
CONSENT SEARCH UNDER A PROMISE OF LENIENCY
The Fourth Amendment provides that law enforcement cannot conduct a search of property or person without a valid warrant. Any warrantless search is unlawful and should law enforcement arrest you pursuant to that search, the arrest itself becomes unlawful. However, there are exceptions where a warrantless search is permitted under…
HIGH SPEED CHASES NO MORE. WELCOME TO THE WORLD OF GPS TRACKING DARTS.
With the recent death of OJ Simpson, we are reminded of the police pursuit of OJ’s Bronco through Los Angeles and Orange Counties. While the OJ chase was a slow-speed chase, many police pursuits are high speed and dangerous. Some of these chases have ended in fatalities. Because they are…
STOLEN MERCHANDISE BEING SOLD ON THE INTERNET – INCLUDING ON AMAZON
Many of us do our retail shopping online. Often a Google search helps us to identify the best price for the product we are shopping for. How many times have you searched for a product and found the product being offered on a no-name retail platform or Craigslist or Ebay…
THE LATEST U.S. CRIME RATE DATA
Every year the FBI publishes an extensive analysis of crime data in the U.S. The crime data for 2022 was recently published and shows a mixed picture. While violent crimes and homicides decreased slightly from 2021, the rates are still high when compared over the past ten years of 2012-2022.…