With so many tragic mass shootings in recent years, law enforcement is under pressure. There are allegations that the FBI failed to investigate information they received about the recent Parkland, Florida shooter and that some of the responding officers did not act to stop the shooter. Law enforcement has…
The evidence is the heart of any criminal case. We usually think of evidence as evidence that supports (or proves) the allegation that the crime was committed. This is technically called “inculpatory evidence” as it tends to incriminate (or inculpate) the defendant. But what about evidence that tends to…
A turkey? A person who has had a bit too much to drink? A spinning top? Well, it might be all those things, but in California law, a “wobbler” refers to an offense that may be charged and punished as a felony or a misdemeanor. There are literally hundreds…
While every defendant has a constitutional right to a jury of his or her peers, criminal charges rarely go to trial. In fact, around 97% of criminal cases are resolved by a plea bargain. A plea bargain is when the defendant pleads guilty or nolo contendere (no contest) to…
A defendant was charged with three separate armed robberies. The three victims all identified the defendant in a “six-pack” photographic lineup. In closing arguments at the jury trial, the defense attorney questioned the correctness of the identifications. The prosecution rebutted, stating that there were three victims who identified the…
2018 saw major change on California’s statute books, many within the criminal law arena. Below are some of the changes in law that impact those who may be facing criminal charges and those who have already been convicted. JOB APPLICANTS WITH CRIMINAL CONVICTIONS You may have heard the term…
This is a true crime story with a twist: Ascension Alverez-Tejeda and his girlfriend were transporting drugs in their vehicle. They stopped at a traffic light and when the light turned green, the car in front of them began to move through the light then stalled. Mr. Alverez-Tejeda stopped…
Last month at a U.S. District Court in Maryland, a judge stepped down from his bench to shake the hands of two defendants and tell them he was sorry. The two defendants had, at different times, pleaded guilty to drug charges years ago in that same judge’s court. The…
While California prepares to license its first recreational cannabis shops next month, there are hundreds of thousands who have a marijuana-related criminal conviction for conduct that is now legal or less severe under the new laws. Some of these individuals are still incarcerated and some are on probation,…
LEGAL MARIJUANA COMES WITH MANY RULES AND NEW TAXES The pot shops will soon open and even though recreational marijuana is legal now, there are still plenty of reasons a black market in marijuana sales will not be going away with the opening of your local cannabis shop. To begin…