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 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…
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…
With the recreational use of Marijuana now legal in eight states including California and its medical use legal in many more states, it might be time to revisit Reefer Madness. We laugh at that 1936 film that claimed marijuana created psychotic addicts but there may have been some truth…
On November 8, 2016, California voters passed Proposition 57, The Public Safety and Rehabilitation Act of 201, by an overwhelming majority of 64%. This proposition contained two key provisions: 1) It makes certain non-violent felons eligible for immediate parole and 2) It requires a court hearing before a juvenile…
COMPUTER-ASSISTED BAIL HEARINGS When a person is arrested and held in custody, his or her first appearance before a judge will be in what is called an arraignment. Under California law, the defendant must be afforded an arraignment within 48 hours (not to include weekends or holidays). At the arraignment,…
Legislature Enacts Post-Conviction Relief to Remove Potential Immigration Consequences After a Penal Code Section 1000 Plea Last week I wrote about the immigration consequences that may attach to an “expunged” conviction. This week I offer better news. The California Legislature has addressed the immigration consequences that attach to certain convictions…
Many people who have been convicted on a misdemeanor charge or certain felonies for which they were not sentenced to prison can, after certain conditions are met, apply to the court for what is commonly called an “expungement” of the conviction. This relief is available under several statutory schemes,…
Way back in 1971, President Nixon declared a “War on Drugs.” The federal drug control agencies were dramatically beefed-up, the DEA was created (1973). Quaint as it seems now, much of the effort was directed at marijuana. Back in those innocent days, marijuana was considered a major drug problem.…
KNOCK AND TALK: A TACTIC POLICE USE TO BYPASS THE WARRANT REQUIREMENT It’s the middle of the night. Someone is banging on your door yelling for you to open the door. Whoever it is does not identify himself and you do not recognize the voice. The adrenaline rushing, you grab…