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…
California Criminal Defense Lawyer Blog
PROP 57 ENDS “DIRECT FILE” IN JUVENILE CRIMINAL CASES
Until the passage of Proposition 57 on November 8th, minors over the age of 14 charged with a criminal offense would often find themselves directly charged in adult court rather than juvenile court. The two courts are very distinct because the focus of court in a juvenile criminal matter…
Prop 64 and Prior Marijuana Convictions in California
PETITION UNDER PROPOSITION 64 TO DISMISS AND SEAL OR TO REDUCE A PRIOR MARIJUANA CONVICTION By a hefty margin of 56%, Prop 64 was passed in California on November 8. It is now legal for Californians over the age of 21 to possess, transport, and buy 28.5 grams (a little…
TECH LAW ENFORCEMENT AND OUR CIVIL RIGHTS
Dystopian films and literature are usually thought of as science fiction, but while this entertainment might be classified as fiction, it often portends a future that may already be here. That is especially true when it comes to crime fighting. In my previous post, I discussed a few of…
California Law Enforcement Investigation
The Brave New World of Law Enforcement Investigation The digital age has changed everything in the world around us and law Enforcement is no exception. Back in the old days, police investigation procedures were limited to talking with potential witnesses, taking lots of photographs, lifting fingerprints, forensic analysis of blood,…
New California Law On Law Enforcement Seizing Property
NEW CALIFORNIA LAW PULLS IN THE REINS ON LAW ENFORCEMENT’S SEIZING OF PROPERTY You have probably heard of civil asset forfeiture but did you know that under this procedure law enforcement can confiscate property—be it money, a house, a vehicle, or any other asset—without any due process to the owner…
NEW LAW REQUIRES GANG DATABASE TRANSPARENCY AND ACCOUNTABILITY
In earlier blog posts, I discussed the CalGang Database, a database collected and used by law enforcement throughout California. I discussed how this database is kept in secret and many who are included in the database are unaware of their inclusion and worse yet, many who are listed in…
NEW CALIFORNIA LAW PROSECUTES THE PROSECUTOR WHO TAMPERS OR WITHHOLDS EVIDENCE
In 2015, Orange County Superior Court Judge Thomas Goethals removed the Orange County District Attorney’s Office from the trial of Scott Dekraai, who was accused and since convicted of the worst mass murder in Orange County. Judge Goethals booted the District Attorney’s Office from the case after an investigation…
CIVIL LITIGANT GETS THE CRIMINAL TREATMENT
Zulmai Nazarzai was never convicted of a crime; he was never even charged with a crime. Yet he has been sitting in solitary confinement in the Orange County jail for six years now. That is a long time to spend in solitary confinement. In 2010, the California attorney general…
CalGang Database Contains Numerous Errors and Incorrect Information
Beginning in the 1970’s, California police departments started a system of filling out 5- by 7-inch index cards, known as “field cards”, whenever the officer encountered a person suspected of having a gang affiliation. The cards included the person’s name, their “gang moniker”, gang affiliation and other identifying information.…