Articles Posted in Criminal

The California Supreme Court’s recent decision in In re Kowalczyk is one of the most significant developments in California criminal law and pretrial release procedures in years. Building upon the Court’s earlier ruling in In re Humphrey, the new decision further limits the ability of courts to rely upon unaffordable money bail as a means of keeping defendants in custody while their cases are pending.

For anyone arrested in California, including those facing DUI charges, drug crimes, theft offenses, domestic violence allegations, or other criminal charges, the Kowalczyk decision may have a substantial impact on whether they remain in jail or are released while awaiting trial.

Understanding Bail in California

When someone is accused of illegally structuring bank deposits, the legal process can feel confusing and intimidating. Many people are surprised to learn that what seemed like a routine banking habit—making several smaller deposits instead of one large one—can trigger a criminal investigation. Understanding how a criminal case unfolds and what defenses may apply can help someone better protect themselves and make informed decisions.

Below is a straightforward look at how structuring cases typically develop and the kinds of defenses that may apply under federal law and California criminal law principles.

What Is Structuring?

When prosecutors cannot make their case through live, in-court testimony, they often turn to hearsay — especially alleged victim statements made to police, medical providers, or third parties. In California criminal cases, understanding how these statements come in — and how to keep them out — can determine the outcome of a trial.

At the Law Offices of William M. Weinberg, hearsay litigation is not treated as an afterthought. It is often the central battleground.

Below is a practical overview of how California law handles victim hearsay — and where the real defense opportunities lie.

Check fraud is among the most aggressively prosecuted financial crimes in California. With losses from fraudulent check schemes reaching billions of dollars annually across the United States, state and federal prosecutors treat these offenses with the same seriousness once reserved for violent crime. Whether you stand accused of counterfeiting a single check or orchestrating a broader scheme, the moment charges are filed, the machinery of the criminal justice system begins moving against you—and it does not slow down on its own.

Understanding exactly what the law prohibits, how prosecutors build their cases, and what a skilled defense attorney can do on your behalf is not merely useful—it is essential.

What California Law Defines as Check Fraud

When prosecutors cannot make their case through live, in-court testimony, they often turn to hearsay — especially alleged victim statements made to police, medical providers, or third parties. In California criminal cases, understanding how these statements come in — and how to keep them out — can determine the outcome of a trial.

At the Law Offices of William M. Weinberg, hearsay litigation is not treated as an afterthought. It is often the central battleground.

Below is a practical overview of how California law handles victim hearsay — and where the real defense opportunities lie.

Changes are afoot in California to California’s judicial diversion laws heading into 2026, especially around mental health diversion and how the courts administer collaborative treatment programs. These changes don’t completely rewrite diversion law, but they adjust eligibility and judicial discretion and introduce new administrative standards that will matter to defendants, attorneys, prosecutors, and judges in 2026. (A10 Assembly District Manager)

Here’s a summary of what is — and isn’t — changing:


1. Proposed Legislative Changes to Mental Health Diversion (AB 46)

It’s a deeply uncomfortable topic, but one that psychologists, addiction specialists, and criminal defense attorneys confront regularly: how men who never had a sexual interest in children can still end up consuming child sexual-abuse material (CSAM), often described in legal contexts as “child pornography.” What surprises many families—and even the men

accused—is that the pathway into this illegal content is often very different from what people assume. Most research-based explanations point to a combination of psychological vulnerabilities, compulsive internet behavior, and escalating patterns of adult pornography use, rather than any pre-existing sexual attraction to minors.

This doesn’t make the behavior acceptable—far from it. But understanding how people get there is crucial for developing effective treatment programs, preventing relapse, and ensuring that individuals in legal jeopardy receive fair and constitutionally sound representation.

Over the past couple of years, e-bikes have exploded in popularity across California, especially in Orange County, where sunny weather and beach paths make them an easy choice for getting around. But with that popularity has come something else: a wave of new rules, penalties, and even criminal cases aimed at riders, including both adults and minors. Cities and state lawmakers are scrambling to keep up, and that means regular riders sometimes find themselves facing unexpected fines, bike impounds, or even misdemeanor or felony charges.

What’s Behind the Crackdown?

Cities and counties are seeing more collisions, dangerous riding near schools, and young riders on high-powered or modified e-bikes. As a result, local governments have moved quickly, often faster than the state, to create new regulations. These include helmet requirements for minors, restrictions on riding in certain areas, impoundment authority, and stricter enforcement of speed and modification limits.

When most people hear about the U.S. meth crisis, they picture desert labs in Mexico or rural houses in the Midwest. But the story actually starts thousands of miles away — in the sprawling industrial zones of China. There, among thousands of legitimate factories, a quieter trade has been thriving: the production and export of chemicals that can be turned into methamphetamine.

According to a 2016 report from the U.S.-China Economic and Security Review Commission, as much as 80 percentof the chemicals Mexican cartels use to make meth originally came from China (USCC.gov). Those cartels — mainly the Sinaloa Cartel and the Jalisco New Generation Cartel — supply around 90 percent of the meth that ends up in the United States. So even though the cooking happens in Mexico, the recipe starts with Chinese ingredients.

In the last few years, U.S. officials have repeatedly busted Chinese firms for shipping “ton quantities” of precursor chemicals used to make meth, MDMA, and fentanyl. Just in October 2023, the U.S. Treasury sanctioned 28 Chinese individuals and companies for doing exactly that (home.treasury.gov). And in June 2025, border agents seized 50,000 kilograms of meth precursors at the Port of Long Beach — a shipment that had come from China and was headed to the Sinaloa Cartel in Mexico (ICE.gov).

In the United States, birthright citizenship is guaranteed by the Fourteenth Amendment to the Constitution. Affirmed by the United States Supreme Court in 1898 in the case, United States v. Wong Kim Ark, this right extends to any child born in the United States, regardless of the child’s parents’ nationality and regardless of whether that child later lives in another country.

Recently President Trump signed an executive order to deny birthright citizenship to specific categories of individuals. The executive order was immediately challenged in the federal courts, and it in all probability the United States Supreme Court will once again be tasked with interpreting the Fourteenth Amendment.

The executive order would deny citizenship to those babies born of undocumented immigrants or those in the country with temporary status. It is the latter category that is the subject of this blog.

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