While Orange County law enforcement has been dealing with its own evidence scandals, what has been happening in Baltimore, Maryland rips open the suspicions some have expressed for many years about law enforcement tampering with or planting evidence. Thanks to police body cameras, we are now witness to what…
California Criminal Defense Lawyer Blog
Making Sense of the California Statute of Limitations in Criminal Cases
We are all familiar with the term “statute of limitations” but what does it actually mean. In criminal law, it refers to the time in which a person can be prosecuted for a particular crime according to the statute (law). Each state has devises its own statutorily defined time…
Marijuana Smugglers Using New Ford Fusions to Move Their Goods
Ah, the Ford Fusion. With apologies to those who own one, it may be the most boring car ever. Well, maybe not anymore. Ford Fusions are made in Hermosillo Mexico and then shipped to Ohio. Some of those Fusions have been carrying a secret. Turns out that numerous Fusions…
Involuntary Manslaughter Laws In California
INVOLUNTARY MANSLAUGHTER IS OFTEN A CRIME OF STUPIDITY Stupidity often puts otherwise law-abiding people on the wrong side of the law, but this act in Minnesota might be among the stupidest ever. A young and very pregnant woman, 19 years old, shot and killed her boyfriend. The entire killing was…
DOCTORS CHARGED WITH MURDER FOR PRESCRIBING OPIATES
The opioid epidemic in this country couldn’t have happened without the doctors. Now, I am not saying all doctors are bad, I am just stating a fact. I am not imputing motivation, but I suspect money had something to do with the fact that some doctors found a good…
The War On Drugs In California
CREATE THE ENEMY AND MAKE THE WAR: AMERICA’S WAR ON DRUGS The History Channel is running a very interesting Docuseries about the War on Drugs. Many viewers of the series may be shocked to learn how one arm of the government has been prosecuting the War on Drugs while the…
THE DIMINISHED ACTUALITY DEFENSE
Perhaps you have heard of the “Twinkie Defense.” The term derives from the 1979 trial of Dan White, a former San Francisco Supervisor who, following a dispute with San Francisco Mayor George Moscone and San Francisco Supervisor Harvey Milk, shot and killed both men at the San Francisco City…
UNITED STATES SUPREME COURT TO DECIDE WHETHER A SEARCH WARRANT IS NEEDED FOR HISTORICAL CELL PHONE DATA
Sometimes a person arrested for a crime will swear he or she was nowhere near the location when the criminal incident took place., but the prosecution will allege otherwise…with evidence to prove it. That evidence: tracking of the defendant’s cell phone. Even if the defendant wasn’t using his or…
Anger Management Classes And Cases Involving Violence, Abuse Or Neglect
ANGER MANAGEMENT Many violent crimes have one common variable: anger. As a criminal defense attorney in Orange County, I have witnessed the role anger plays in violent crimes from domestic abuse to assault to murder. While most people are able to control their feelings of anger to some degree or…
MONEY BAIL SYSTEM REFORM IN CALIFORNIA
Last week I wrote about computer-assisted bail decisions. There is something even bigger afoot: a bill before the California Legislature—California Money Bail Reform Act of 2017—would end bail altogether for a wide array of charged offenses. Even when a judge grants bail, the offender often can’t pay it. This…