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…
California Criminal Defense Lawyer Blog
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…
NEW CALIFORNIA LAW ALLOWS JUDGES TO STRIKE FIREARM SENTENCING ENHANCEMENTS
Under California Penal Code section 12022.5, when a person uses a firearm during the commission of a felony, he or she will almost certainly be charged not only with the felony conduct but also with an enhancement for the use of the firearm. The firearm need not be engaged…
REFORM OF THE CALIFORNIA SEX OFFENDER REGISTRY LAWS
California’s sex offender registry currently lists over 100,000 sex offenders. The registry has a long history; it was first employed (although not in its current form) 70 years ago. It is estimated that around 650 registrants on the list today were first registered in the 19040’s and 50’s. Since…
THE MAIN INGREDIENT IN ECSTACY, MDMA, APPROVED BY FDA FOR FURTHER STUDY IN THE TREATMENT OF PTSD
For almost as long as the federal government has harshly prosecuted drug use, researchers have been studying the psychologically beneficial effects of the very drugs that can land a person in prison. Clinical studies on both animals and humans have demonstrated the beneficial effects of many hallucinogenic drugs in…
NOT GUILTY BY REASON OF INSANITY PLEAS
INDEFINITE CONFINEMENT MAY ENSUE-NOT GUILTY BY REASON OF INSANITY PLEAS It is estimated that over 10,000 people who have never been convicted of a crime are incarcerated in the United States. The states, under various statutes, confine individuals to mental health facilities who are found not guilty by reason of…
THE WAR ON DRUGS IN CALIFORNIA
PORTUGAL’S DRUG POLICY IS WORKING As the “War on Drugs” threatens to heat up, we might ask our current administration to take a step back and consider Portugal. In 2001, Portugal decriminalized all drugs—yes, all—including hard drugs like heroin and meth. Critics expected the incidence of drug abuse in Portugal…
Equifax Breach: A Cybercrime That Affected Millions of Americans
Equifax Breach: A Cybercrime That Affected Millions of Americans You have probably heard about the Equifax breach by now. As far as identity theft crimes goes, this was a big one. An estimated 143 million people in the United States may have had their personal information compromised when cybercriminals gained…
ALTERNATIVE SENTENCING IN CALIFORNIA
Fire season is upon us and Firefighter Crew 13-3 is ready to swing into action. But Crew 13-3 isn’t the firefighting crew you imagine. Crew 13-3 is an inmate firefighting crew, stationed in Malibu, is one of many inmate crews stationed throughout California. You might be surprised to learn…