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…
California Criminal Defense Lawyer Blog
PETITION TO REDUCE, DISMISS, AND SEAL A MARIJUANA CONVICTION POST PROPOSITION 64
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,…
California Law Regarding Legal Marijuana and Taxes
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…
Hee Haw: Donkeys Arrested and Jailed
There are kangaroo courts….and then there are donkey jails. While kangaroo courts don’t actually have kangaroos sitting in court, donkey jails do indeed have donkeys cooling their hoofs in jail, at least in one town in India. In the Northern Indian town of Orai, eight donkeys found a tasty…
MEDICATION-ASSISTED TREATMENT FOR OPIOID ADDICTION
Before he resigned as Health and Human Services Secretary, Tom Price created a bit of an uproar over comments about medication-assisted treatment for opioid addiction. It was reported that former Secretary Price stated that providing drugs that reduce craving for opioids is just replacing one opioid for another. To…
IDENTICAL TWINS ALLEGED TO HAVE BURGLARIZED COSTA MESA COIN SHOP
Police may have done a double take when they arrested two men for allegedly breaking into a rare coin and bullion shop in Costa Mesa. The two men, with almost the same name—Jamal and Jamel—look like the same person. That is because they are identical twins. The two 42-year…
PROSECUTORS ARE REQUIRED TO GIVE THE DEFENSE ALL EVIDENCE, INCLUDING EVIDENCE THAT MAY BE FAVORABLE TO THE DEFENDANT.
When a person is charged with a crime, the prosecution is bound by law to provide all the evidence supporting the charge or charges, including evidence that might exonerate the defendant. Evidence that is favorable to the defendant is called “exculpatory evidence” and back in 1963, the United States…
CRIMINAL JUSTICE REFORM IN CALIFORNIA
A little over 20 years ago, the Violent Crime Control and Law Enforcement Act of 1994 was passed by an act of Congress. The act was precipitated in part by the increased attention to violent crime including street gang violence and mass shootings. The bill was introduced by the…
SWEEPING PRETRIAL DETENTION/BAIL REFORM RECOMMENDATIONS TO THE CALIFORNIA CHIEF JUSTICE
When a person is arrested in California for a felony, and some misdemeanors, he or she will be detained—most often at the county jail—until an arraignment before a judge. At the arraignment, the judge will set bail, or in some cases release the defendant on their own recognizance. Depending…
NEW CALIFORNIA LAW HELPS THOSE WHO WERE ARRESTED BUT NOT CONVICTED GET THEIR RECORD SEALED
Sometimes a person is arrested for a crime they did not commit. In the nightmare scenario, they are charged and maybe even convicted. But often the prosecutor declines to prosecute or, if charged, the charges are dismissed or the person is acquitted. For example, say you are at a…