All Articles

     The following articles are a compilation of case summaries about legal concepts that arise frequently and general information that our clients repeatedly request.  Greg Hill wrote each of these articles.  We present these with one purpose: to make the client and/or the client’s family more comfortable with the criminal process and knowledgeable about what to expect.
     The case summaries are of published (reported) decisions from the California Supreme Court, the California Court of Appeals, the federal court of appeals and the U.S. Supreme Court.  Sometimes, the facts are similar to those we see frequently.
     The general information articles range from an explanation of what punishment one may face on a first-time DUI to the defenses to a charge of shoplifting to a short discussion of whether expungement is worth it.  The information is not meant to be legal advice.  Instead, it is meant to educate the reader.
     Each article ends with hyperlinks to three more articles on the same or similar topics so the reader can learn more if interested.
     The reader can also click here to a separate page with articles organized by the type of offense, if the reader wishes to narrow the scope of his or her focus.

A Warrantless Search Can Expand from Your Friend to You

Can One be Convicted of Grand Theft for Not Paying Rent?

State Court Rules DNA Collection is Unconstitutional

In Sex Crime, Can a Statue of Limitations be Flexible?

Appeals Court Overturns Alhambra Conviction for Possession of Ecstasy Pills

Those Accused of DUI in California Will Benefit from the U.S. Supreme Court Declining to Create a “Forensic Evidence Hearsay Exception”

Federal Conviction of Importing Marijuana Overturned for Improper Use of Rap Sheet

If Trademark Infringement Is Counterfeiting, Is It Aggravated Felony for Removal Purposes?

Is an Endurance Athlete’s Fitness a Disadvantage in a DUI Breath Test?

Standard Sex Offender Probation Conditions Imposed in Hundreds of Orange County Cases Since 2003 Are Unconstitutional

Your Cell Phone May Incriminate You of More Serious Offenses in a Traffic Stop

Be Careful What You Bring with You When Visiting One in Jail!

A Prison Sentence May Be Served in County Jail under a New California Law

Store Security Video Evidence, Without Any In-Person Identification, Can Be Used to Convict You

Police Sniff Dog Found Reliable to Court Despite Falsely Signaling the Presence of Narcotics

The Police Did Not Read Me My Miranda Rights – Will My Case Be Dismissed?

Criminal Liability for Animal Cruelty Was Vague Until Now

Arrested and Released for DUI? Think Again – The Police May Have Your Saliva DNA to Legally Re-Arrest You

Ecstasy Opinion by Court Sure to Cause Misery

Warrantless Search of FedEx Package Containing Marijuana Held Improper and Case Is Dismissed

Sentencing of an Underage DUI Is Not Similar to a Juvenile Offense for Sentencing in a Later Drug Case

DUI Double Jeopardy: Is Military NJP (Non-Judicial Punishment) a Criminal Prosecution, thus Barring Further Civilian Prosecution?

Conviction Overturned for a Felon in Possession of Firearm Because Constructive Possession Not Proven

Is Being Unconscious While DUI a Defense to Second Degree Murder Charge? Appellate Court Says No

When an Arrestee Is Detained, Is It Unconstitutional to Search a Car Without a Warrant?

Conviction Overturned for Lewd Acts upon a Child

Pandering Conviction Upheld Even When Victim Is Already a Prostitute

Multiple Convictions for Embezzlement (Grand Theft) from Employer Proper When Different Methods Used for Stealing

Life in Prison Without Possibility of Parole Unconstitutional for Juvenile Nonhomicide Offender

Victim Cannot Recover Potential Economic Loss in a Counterfeit DVD and CD Case

Lifetime Requirement to Register as Sex Offender Not Eliminated When Felony Conviction Reduced to Misdemeanor

Drug Evidence Suppressed When Police Improperly Stop Vehicle

Cocaine Courier’s Sentence Not Reduced Due to Large Quantity Seized

Co-Owner of Computer Can Validly Consent to Search of Computer That Incriminated the Other Owner of Child Pornography Charges

Suspect’s Fifth Amendment Rights Not Violated When He Volunteered Statements About His Killing Another

California Federal Court Errs in Imposing Residency Restriction on Man Who Has Illegal Sex Overseas

Conviction for Murder of Cop Reconsidered Because DA Withheld Evidence

What Is an Arraignment?

Court Violates Murder Defendant’s Right to Cross-Examine Expert by Admitting Opinion Without the Expert Testifying

Consenting to a Vehicle Search Can Mean Consenting to Multiple Searches of Vehicle

Insufficient Affidavit for Warrant Does Not Mean Search Is Always Invalid

Conspiracy Liability Very Broad for Robbery – Beware

A “No Contest” Plea to New Criminal Charges Can Constitute a Probation Violation

The Police Stole My Marijuana- Will My Homeowner’s Insurance Pay Me for My Loss?

Court Rules That Driving Includes Stopping at Red Light While Using Cell Phone

Restitution Order Can Apply to One Who Receives Stolen Property, but Does Not Participate in Burglary

If You Receive Miranda Warnings, Your Talking and Subsequent Silence to Certain Questions Can Be Used Against You as Adoptive Admissions

Ten New Laws to Know for 2012

Court Makes Mistake in Sentencing Mentally Disordered Offender to Treatment

An Admission Is Inadmissible if After an Illegal Search as the Fruit of a Poisonous Tree

Is Expungement Worth It?

Conviction Reversed for Mailing Criminal Threats

Why Is a “Wet Reckless” Better Than a DUI?

Conviction Reversed for District Attorney Withholding Evidence

Plea Bargaining by the Judge Is Illegal

Drug Diversion Programs – Prop 36 Versus PC 1000

Evidence Thrown Out from Police Use of GPS Without a Warrant on Drug Dealer's Car

Did the Prosecution Violate Your Sixth Amendment Right to a Speedy Trial?

What Is a Preliminary Hearing?

Judge May Prohibit Medical Marijuana Use as a Term of Probation

Immigration Consequences of a Conviction for DUI

Second Probation Violation Hearing Improper After First Hearing Ended

License Suspended at DMV DUI Hearing Despite Improper Calibration of Breath Test Device

Conviction for Second Degree Murder by Child Neglect Upheld

Is Assembly Bill 327 (AB 327) the Fix for Unfairness in California’s Three Strikes Law?

Ticket Thrown Out for Running Red Light Based on Red Light Camera Maintenance Records Lacking Foundation

Conviction Related to Sexting Requires Sex Offender Registration

Street Terrorism Sentence Stricken When Defendant Already Punished for Underlying Arson and Criminal Threats

What Happens if Police Say I Refused a Breath or Blood Test?

Immigration Consequences of a Conviction for Domestic Violence

Immigration Consequences of a Conviction for Shoplifting

Immigration Consequences of a Conviction for a Drug Offense

Conviction Reversed for Burglary by Acetylene Torch at Best Buy

Federal Court Rules Collection of DNA from Felony Arrestee Constitutional

Court Vacates Sentence of 150 Years to Life By Dismissing Three Prior Strikes

Court Reverses Felony False Impersonation Conviction Involving Use of Birth Certificate

Granddaughter Guilty of Financial Elder Abuse Through Embezzlement and Moving Grandmother Out of Home

Conviction by Red Light Camera Upheld on Appeal

Five Years of PAS (Preliminary Alcohol Screening) Device Records Found Inaccurate in San Francisco

What Is a DMV Hearing for a DUI?

Double Jeopardy Prevents Conviction for Criminal Threats Involving Rottweiler

Systematic Child Abuse over Time Supports Aggravated Mayhem Conviction

What Is a Motion for Civil Compromise?

What Is Split Sentencing?

Over Four Year Delay Before Filing First Degree Murder Charges Not Sufficient to Merit Dismissal

Fifth Amendment Rights Violated When DA Points to Silence as Evidence of Guilt

What Is a “Rising BAC” Defense to DUI?

What Is the “Mouth Alcohol” Defense to DUI?

Sentencing Alternatives for Military Veterans Under Penal Code § 1170.9

What Is the Difference Between an Infraction and a Misdemeanor?

Can Bail Be Reduced?

Two Attacks Thirty Minutes Apart, Is It One or Two Strikes?

What Is a Wobbler and May a Felony Be Changed to a Misdemeanor?

What Is the Difference Between a Misdemeanor and a Felony?

Court Rules Change in Petty Theft Limit Is Retroactive, Turning Certain Grand Theft Convictions into Petty Theft

What Is Private Jail?

Judge Makes Mistake in Sex Offender Registration After Sentencing for Felony Child Endangerment

Consecutive, Not Concurrent Sentences, Upheld in Forcible Sex Case

Defenses to Evading a Police Officer Depend upon the Facts

Illegal Use of Disability Placards Can Lead to Far More Serious Charges

Felony Hit & Run Charges Involving Injury or Death Require on Willfulness of Conduct

Mail Fraud Indictment Sustained for Case Involving Commercial Driver’s License

What is a Critical Needs Restricted License?

Restitution in Domestic Violence Case Does Not Violate Harvey Rule

Eighth Amendment Challenge to Three Strikes Law Fails

Strong Marijuana Smell Does Not Justify Warrantless Search of Hotel Room

What Are Your Options After Losing Your DMV Hearing for DUI?

Conviction Reversed for Conspiracy to Commit Burglary for Gasoline

How Do I Seal and Destroy My Arrest Record?

Can I Withdraw My Plea Based on Ineffective Assistance of Counsel?

Should I Waive a Jury Trial and Instead Have a Bench Trial?

Was There a Bad Cop on Your Case? What Is a Pitchess Motion?

Beware: Living with a Prostitute Can Be Illegal and Land You in Prison

How Much Time Will I Serve?

What Is GERD and How Does It Affect DUI?

Do Crimes of Moral Turpitude Include Illegal Possession of an Assault Weapon and Cultivating Marijuana?

How Is Bail Set?

Orange County Judge Reversed for Refusing Production of Internal Affairs Statements

Sixth Amendment Not Violated in Rape Case When Expert Introduces Hearsay

DUI Based on Being Under the Influence of Drugs

How Does One Remove a Name from the Megan’s Law Internet Listing?

What Happens During a Probation Violation Hearing?

Under Romero, Not All Strikes Must be Dismissed from One Act

Officer's Good Faith Does Not Save Improper Traffic Stop

Opening Garage Door with Stolen Remote is Not Burglary

What is Shoplifting, its Defenses and Possible Punishment?

What is Commercial Burglary (PC § 459) and its Defenses?

What is Carjacking, its Defenses and Punishment?

Conviction Reversed for Possessing Burglary Tools (Penal Code § 466)

What is Robbery, its Defenses and the Possible Punishment?

Are Criminal Threats Protected Under the First Amendment?

What is Embezzlement (Penal Code § 503) and its Defenses?

What Constittues Passing Bad Checks (Penal Code § 476(a))?

Is Burglary a Crime of Violence Under Immigration Laws?

What is Forgery, its Defenses and the Possible Punishment?

What Are Illegal Tinted Windows (Vehicle Code § 26708.5)?

What Are the Limits of a Warrantless “Protective Sweep”?

What Is Driving Without a Valid License (Vehicle Code § 12500(a))?

What Is Unemployment Insurance Fraud and its Defenses?

Beware: Witness Intimidation Can Make Hearsay Admissible

What Is Joyriding? The Defenses? The Punishment?

What Is Grand Theft Auto? Defenses? Punishment?

Does Admitting to Having Marijuana Make a Search Legal?

Do Warrants Eventually Expire if Police Do Not Arrest You?

What Is a Misdemeanor Pre-Trial Hearing? What Happens?

What Is Rape? What are the Defenses & Possible Punishment?

What Is False Imprisonment (Penal Code § 236)? Defenses?

What Is Disturbing the Peace (Penal Code § 415)? Defenses?

What Is Trespassing (Penal Code § 602)? Defenses? Punishments?

What Is Tampering with a Vehicle (Vehicle Code § 10852)?

Is it a Right to Have My Family in Court During Sentencing?

What is a Felony Preliminary Hearing Setting Conference?

What Is House Arrest as an Alternative to Jail? Prison?

What Is Penal Code § 647(b), Prostitution and Solicitation?

What Is Mayhem (Penal Code § 203) and Aggravated Mayhem?

The Police Asked Me to Be an Informant- Should I?

The Right to Bear Arms and Carrying a Dirk or Dagger

Destruction or Spoliation of Evidence Causes Big Problems

Will the DA Dismiss the Case if the Victim Will Not Testify?

25 Year Sentence for Failure to Register as Sex Offender?

Conviction for Dissuading Witness for Gang Benefit Reversed

Victim Must KNow of Danger to Have Conviction for Assault

Can Police Look at My Text Messages if I Am Arrested?

The Police Took Your $$: You Can Get it Back, Plus Interest

Can There Be Residential Burglary of an Uninhabited House?

Can Residential Burglary Happen if from Closet in Entryway?

Anonymous Cell Phone Call to Police Leads to Stop for DUI?

How Much Custody Credit Do I Get? What Factors Matter?

Second-Time DUI and Restricted License After 90 Days?

What Are Criminal Threats and the Defenses to This Charge?

What Is Resisting Arrest Under Penal Code § 148(a)(1)?

Felony Vandalism Charges Proper by Adding Damages?

What Is “Resisting Arrest” Under Penal Code § 69? Defenses?

What Is Arson (Penal Code § 451 and § 452) and Its Defenses?

How Many Counts of Indecent Exposure (Penal Code § 314)?

Multiple Punishments for Single Act Violates Penal Code § 654

Wiretap Information Leading to Seizure of Cocaine Denied

Use of BB Gun Can Be Assault with a Deadly Weapon

A Juvenile Court May Not Transfer Case to Adult Court

Sixth Amendment Met When Lab Report Author Not Available?

Police Detention Is Illegal Based on Resemblance to Suspect

Medical Marijuana Collective Can Defend Under Prop 215, MMPA

Confession Inadmissible if Shorter Sentence Promised for it

Can an Out of State Conviction Count as a Strike in CA?

In Vandalism, Does Restitution Include Investigative Costs?

When Must a Juvenile Be Sentenced to a Juvenile Facility?

Can Involuntary Manslaughter Be From 8 Year Old Injury?

DUI Conviction Based on Ambien-Induced “Sleep Driving”?

What Is Kidnapping and Aggravated Kidnapping? Defenses?

Can Restitution for Totaled Car Include Car Loan Interest?

What Is Child Abduction (Penal Code § 278)? Punishment?

What Is Assault (Penal Code § 240)? Defenses? Punishment?

Street Racing as Assault with a Deadly Weapon (PC 245)?

What's Reckless Driving (Vehicle Code § 23103) & Punishment?

What Is Vandalism and Graffiti (Penal Code § 594)?

Conviction for Possession of Materials to Produce Meth

Juvenile Sentence of 100 Years is Cruel and Unusual?

Expungement Not Available When Probation Terminated?

Forgery Charges Although Defendants Impersonated No One?

Removal for Alien Convicted for Use of Drug Paraphernalia

Ten Year Restraining Order Proper for Female Stalker?

Attempted Criminal Threats Although Fear Unreasonable?

Certificate of Rehabilitation Improper - Recent Drug Offense

DUI Arrest Proper When Man Stumbles in Middle of Road

What Is Indecent Exposure (Penal Code § 314)? Defenses?

Convictions Reversed When Based on 'Kill Zone' Theory

Deportation Risk No Exception to Expungement Requirements

Voluntary Manslaughter Upheld for Killing Thief of Pot Crop

What Is a STATIC-99 Report? How is it Used and Why?

Thirteen New Crime-Related Laws Becoming Effective in 2013

Federal Judge Incorrectly Classifies Crack Seller as Career Offender

Lady Consents to Sex with Impersonator of Boyfriend - Rape?

What Is Meeting a Child for Lewd Purposes (Penal Code § 288.4)?

May a Judge Remove an Unruly Defendant from the Courtroom?

Seventeen Year Old May Be Charged as an Adult with Murder?

Defenses to Possession of Child Pornography (PC § 311)?

Questions Answered About an Ignition Interlock Device (IID)

Restitution Order Improper If Calling for Immediate Payment

Accessory to Shoplifting and Burglary Charges - Defensible?

Second-Time DUI Offender’s Prison Sentence Upheld on Appeal

Longer Sentence for Sex Case Defendant if PC 290 Registrant

Conviction Upheld for Disassembled AK-47 Assault Rifle?

Judge Makes Mistake Letting Jury Hear Drug Cartel Evidence

Sentence Set Aside When Federal Judge Makes Mistake

Resentencing 3 Strike Sentence Has Documentary Challenges

The Right to Show Victim's Prior False Sex Assasult Claims

Sixth Amendment Violated if Informant Testifies in Disguise?

Confrontation Clause of Sixth Amendment and DNA Evidence

Requirements to Involuntarily Commit the Mentally Retarded

Disturbing the Peace Sentence of 25- Year-to-Life? Really?

Restitution Award Vacated Because Calculation Not Rational

What Is Receiving Stolen Property (Penal Code § 496)?

Detective's False Promises of Leniency Overturn Conviction

Traffic Stop for Texting Proper When Driver Parked, Texting?

In DUI, Police Can Download Car's Computer to Show Speed

Immigration Consequences of Criminal Threats (PC 422) Plea

Is My Call from Jail to My Attorney Really Private?

Drug Dog's Incorrect Signal Can Give Police Probable Cause

May the DA Charge Me with More than What I Was Arrested For?

Petition for Factual Innocence (PFI) Under PC 851.8 Denied

Which County Will Prosecute - Crime Happened in 2 Counties?

A Juvenile Strike May Prevent Serving Time in County Jail

The Megan's Law Website Should Be Used by Police Only

Cruel and Unusual Punishment by 30 Years to Life Sentence

Probation Condition Authorizing Warrantless Searches Upheld

May a Sentence Enhancement be Applied Twice for Same Day Act

Evidence of Prior Resisting Arrest Incidents Improper

Warrantless Use of Police Dog on Front Porch Improper

LAPD Officer Convicted of Solicitation of Prostitution

10 Things to Do (Please!) if Police Stop You for DUI

Lifetime Sex Offender Registration for Child Porn Possession

Restitution Owed When Probation Terminated, Case Dismissed?

What's a Criminal Street Gang for a Sentencing Enhancement?

Probation Violation After the Probationary Period Ends?

Federal Sentence Enhancement Proper for Person Deported?

Police Can't Draw Blood Without a Warrant if Suspect Refuses

Disturbing the Peace Case not a First Amendment Violation

Delusional Man Convicted Making False Claim of Citizenship

What Should I Wear to Court? What should I Bring to Court?

What is being an Accessory in Assisting Parolee Abscond?

When Can a Judge Attach Conditions to Bail or Deny Bail?

What Are the HAM and MADD VIP Programs? What Is the Fee?

If the Government Destroys Evidence, Is Dismissal Mandatory?

If a Pitchess Motion is Granted, The Judge Review Records

Motion to Suppress Evidence of Discarded Gun Denied

Arson of an Inhabited Structure Includes a Motor Home?

Dog Owner is Criminallly Liable for his Dog Biting Neighbor?

Is the Prosecution Allowed to Add Charges during Trial?

What Is Summary Probation? Do I Report to Anyone?

Probation Violation Can Lead to Seven Years in County Jail

What Punishment Might I Face for a First-Time DUI?

Permissible to Take DNA from Accused of a Serious Crime?

What Punishment Do I Face for Shoplifting? Probation?

What Punishment Do I Face for Public Urination? Jail Time?

What Punishment Do I Face for Violating a Restraining Order?

What Punishment Do I Face for Domestic Violence? Jail Time?

What Punishment Do I Face for Possession of Marijuana?

What Punishment for Charge of Solicitation or Prostitution?

What Punishment Do I Face for a Probation Violation?

What Punishment for Driving Without a Valid License?

What Punishment Do I Face for Driving Without Insurance?

Expungement on Joint Suspeded Sentence Is Available

Burglary by Trick - Putting Laptops in Printer Box

Motion to Withdraw a Plea When Judge & DA Said No Strike

Punishment for Making Annoying Phone Calls or Texts?

Can Burglary Conviction Enhance Sentence for Felon & Firearm?

Case Filed in CA Dismissed Because Acts Happened in Hawaii?

Court May Exclude Molestation Victim's Sexual History?

Convictions Overturned for Possession and Sales of Ecstasy

What Is the WIC 654 Program for Juveniles Accused of Crimes?

Diversion, Delayed Entry of Plea & Deferred Entry Judgment

Unlicensed Practice of Medicine Although No Patients Seen?

Drug Trafficker Shows Faulty Search Warrant Affidavit

Juvenile Sentence of 254 Years for Sex Crime Set Aside

DMV Rejection of Rising BAC Evidence Affirmed - Why?

Plea Withdraw if Not Warned of Adverse Immigration Risks

The Right to a Timely Probation Violation Hearing: 3 Months?

Medical Marijuana Certificate a Defense to Pot Sales?

May Court Impose $2,450 Fine if Plea Bargain Silent on This?

Expungement of an Infraction? What Benefit Is This?

What Happens for Being a Minor in Possession of Alcohol?

What Is a “Trial Tax?” Why Should I Consider This?

Travel to Canada if Convicted of DUI or Facing a DUI?

Court Makes Mistake in DUI Case by Doubling Sentence

Judge May Not Use Confidential Information to Increase Bail

Registration as a Sex Offender Required if Plea Did Not?

51 Month Sentence for Illegal Re-entry to U.S. Proper

What Is Statutory Rape? What are the Defenses? Punishment?

I Missed Court for a Traffic Ticket Trial: What Should I Do?

Why Hire a Private Attorney? Why Not the Public Defender?

What Is a Certificate of Rehabilitation? How to Apply?

Can Bail Bondsmen Solicit Bail by Meeting Someone in Custody?

Are Breathalyzer Tests Meaningless? CA State Supreme Court Says No

What Can I Do About My Criminal Record on the Internet?

Is a 'No Association' Probation Condition Proper?

Illegal for Police to Use Informant with Criminal History?

Lifetime Ban on Owning a Firearm Applies after Misdemeanor?

Court Decides California Sex Offender Law Unconstitutional

Restitution in Financial Elder Abuse Case Includes Interest

Traffic Stop when Officer Lacked Reasonable Suspicion

Selling Copies of Adobe Software Is Copyright Infringement

Are Miranda Warnings Required Before Asking if in a Gang?

When is Lifetime Supervised Release Proper for Sex Offender?

The Sixth Amendment & Asking Witness about a Lab Report

Dissuading a Witness by Invoking Muslim Custom as Resolution

IIrvine's Law Barring Sex Offenders from Entering Parks.

Right to Speedy Trial Violated by 7 Years to Murder Trial?

Counterfeit Sales Illegal if Customers Knew Items Fake?

Cooking Meth with Children Present a Prison Sentence

New Three Strikes Law No Help to Spousal Rape Conviction

Is Right to Speedy Trial Violated with 2 Year Delay in DUI?

Can Passage of One Fraudulent Check Lead to Three Crimes?

Speedy Trial Right Violated after 33 Years Passes for Murder?

May Judge Extend Summary Probation Beyond Three Years?

Fourth Amendment Violation if Guest Lets DEA Agents In?

Can Restitution to Victim Increase After Probation Ends?

Are Lie Detector Tests A Valid Probation Condition?

What Is a Penal Code § 955 Motion Under California Law?

Expungement Available for Attempted Sex Offense (PC 288)?

Should I Appeal? What is the Standard the Court Applies?

How Do I Get Bail Reduced? What Factors are Considered?

I Got a Bill from the CHP After My DUI – What Should I Do?

Kidnapping for Prostitution (PC § 267) Conviction Affirmed

Must Defendant Be Present in Court if There is a Trial?

Is a Misdemeanor Arrest Legal if the Officer Saw Nothing?

Charges Upheld for Soliciting Forcible Rape and Sodomy

Restoring the Right to Own a Firearm After Being Convicted

Is a Confession Valid After 9 Hours of Police Questioning?

Can't I Tell the Judge & Prosecutor That I'm a Good Person!?

Juvenile Found in Possession of Less than an Ounce of Marijuana

Using Booby Trap to Kill Police Warrants Sentence Increase

Do Anti-Immigrant Comments by Judge Invalidate Sentence?

Swiss Army Knife in One’s Pocket Is not Carrying a Concealed Dirk or Dagger (Penal Code § 16470)

Conviction Reversed for Commercial Burglary Despite Evidence

Lower Standards for DUI Stop Based onAnonymous 911 Call

Probation Condition Vacated for Sex Offender Dating Liberty

Is Shackling Defendant with Leg Restraints During Trial OK?

Restitution Award of $3.4 Million Vacated in Child Porn Case

Is Double Jeopardy Violated in a 495 Year Sentence?

Conviction for Refusing to Submit to DUI Test Reversed

No More Presumptive Life Term for Certain Juvenile Offenders

When Can the Dismissal of Certain Jurors be Illegal?

Sentence of 50 Years for Teenager for Murder Proper

Cash Seized from Suspected Drug Dealer Returned to Him

Rape Conviction Overturned Because Uncharged Act Introduced

Must the Jury to Agree upon only one Theory of Murder?

Can One be Exempt from Post-Release Community Supervision?

Illegal for Police to use Doctor to get Drugs from Rectum?

May a Judge Restrict a Sex Offender's Internet Use at Home?

May a Judge Disqualify Public Defender Without a Conflict?

Red Light Camera Ticket Upheld with Evidence Authentication

Convictions for Trespass and Vandalism for Juvenile Are Reversed

Portective Order OK if it Bars Contact with Non-Victims?

Do Police Need a Warrant to Search Your Cell Phone?

Restitution Order of $425,655 Proper if Causation Unproven?

Manslaughter with Great Bodily Injury Sentence Enhancement?

Great Bodily Injury Enhancement for a Dislocated Finger?

Aiding & Abetting Reversed When DA Withholds Rap Sheet

Is a DUI or a Wet Reckless Possible on a Bicycle? Really?

Smuggling Someone to the U.S. Can be Kidnapping for Ransom

Dine and Dash Can be Charged as Felony Petty Theft?

When a Gang Sentence is not a Gang Enhancement

Conviction for PC § 288.3 if the Minor is 2,000 Miles Away?

What Is Defrauding an Innkeeper (Penal Code § 537)?

Red Light Camera Ticket with No 30 Day Notice Affirmed

Useful Information About California State Prisons

The Right to Challenge a Probation fee Forfeited by Silence?

Can Silence After a Car Crash be Used Against Someone?

Order to Provide Probation one's Social Media Passwords?

What is a Plea Subject to or Pursuant to People v. West?

What is a Pretext Call in a Sex Offense Case & Why Dangerous?

Waiting Period for Requesting Certificate of Rehabilitation

Getting Police Records via a Pitchess Motion Now Easier

When's a Police Detention Illegal under the Fourth Amendment?

Got Caught Shoplifting; Now Store Trying to Sue for $400?

May the DA Comment upon My Sexual Orientation to the Jury?

In a DUI, May an Officer Rely Upon Old Law to Draw Blood?

What is the Law on Self Defense? What are the Limitations?

What Do DUI Field Sobriety Tests (FST’s) Actually Show?

What Punishment Do I Face for a Second DUI? Jail Time?

The Cops Lied to me and I Confessed - Case Dismissed?

Legal that a Truant Juvenile be Tracked by a GPS Device?

Can I Disqualify the Judge if I Think He or She is Prejudiced?

Must Fingerprint Records be Destroyed if Court Grants PFI?

What Punishment Do I Face for a Third DUI? Jail Time?

Dismissal When Police and Prosecutor Fail to Preserve Video

Sexually Violent Predator Reporting to Police Every 90 Days?

Is a Sentence of 25 Years to Life Proper for Non-injury DUI?

Proposition (Prop) 47 and What It Means for Sentencing

AB 2124 - Court Diversion Program in LA County

Anonymous 911 Call Admitted into Evidence without Authentication?

AB109 Doesn't Always Change Prison to County Jail Sentence

Do Presentence Custody Credits Apply to Time at Patton?

Civil Restraining Order and Criminal Domestic Violence Case?

Multiple Criminal Cases? Can They be Joined? Split Up?

Does DUI Conviction in Another State 'Count' as a Prior DUI?

What is Evidence Code § 1109 in a Domestic Violence Case?

I Committed the Same Crime Several Times - Multiple Counts?

Mistrial Granted When DA Asks Over 100 Leading Questions

Electronic Home Monitoring - How do I Request This?

Does Prop 47 Apply to the Three Strikes Reform Act?

Is a Certificate of Rehabilitation Possible After 17(b)?

Can Restitution be for Victims Not Named in the Complaint?

Probation Violation with a 'Joint Suspended' Means Prison?

Registration as a Sex Offender under Penal Code § 290?

How Long is Too Long for a Warrantless Cell Phone Search?

U.S. Supreme Court Changes Legality of a Traffic Stop

Penal Code § 4573.5, Bringing Contraband into Jail?

Criminal Threats Without an Oral or Written Threat? Yes

New Crime Related Laws for 2015 to Keep in Mind Now

When Can Judge Reduce a Felony to a Misdemeanor (PC § 17(b))?

Is It Proper to Require DNA Samples from Felony Arrestees?

Are Honey Oil & Dabs Covered by Compassionate Use Act (CUA)?

AB109 Violates Prop 36, the Court of Appeals Finds

Is a Warrantless Blood Draw Proper if Suspect Fights Police?

What are Community Service, Community Labor and Cal-Trans?

Can a Criminal Trial Proceed without Defendant Present?

What's Grand Theft (PC 487) & the Defenses to this Charge?

Admission to Psychotherapist of Sexual Abuse Not Privileged

Will the Judge and / or Jury be Told I am an Illegal Alien?

What is Formal Probation? Difference from Summary Probation?

The Punishment for Public Intoxication (PC 647 (f))?

What is Home on Probation (HOP) in a Juvenile Case?

When Might a Warrantless Forced Blood Draw be Legal?

Fish and Game Violation? It May Become a Federal Case!

Is a Smell of Pot Enough to Search Someone for Weapons?

Expunged Convictions and State License Applications?

What is a Sexually Violent Predator (SVP)? Consequences?

Eligibility for Sealing and Destroying a Juvenile Record?

Can One be Convicted of Two Counts of Rape for One Act?

DUI Checkpoint Stops -Can this Method Beat Them? We Say No.

Judge Makes Mistake in Denying Motion to Withdraw Plea

I Visited Someone in Jail--What Do the Shirt Colors Mean?

Permitting Another to Carry a Loaded Firearm in a Vehicle

Dog Sniff of Car Improper if Driver Driving on the Shoulder

Conviction Related to Acting as Gang Member OK if Act Alone?

Must Probation Conditions Require Defendant's Knowledge?

Trial on a Possession of Marijuana Below 28.5 Grams Case

Criminal Threats on Facebook - We ''Like'' this Ruling

Detective Use of “False Choice” Interrogation Technique of Juvenile Ruled Coercive; Confession Ruled Involuntary and Juvenile Adjudication Reversed

Court Improperly Finds Wisconsin Conviction a Prior Strike

Charged with Conspiracy? What Must the Prosecutor Prove?

What’s J.O.I.N. & Who’s Eligible for this Diversion Program?

What is Marsy’s Law and What Does it Provide a Victim?

What is a Harvey Waiver and How Does it Affect Restitution?

I am or Know a Victim of Elder Abuse – What Should I Do?

Proposition 47 (Prop 47) Now Applies to Juvenile Cases

Can Death Threats in a Rap Song be Criminal Threats?

What is an Ex Post Fact Law and When Can it Matter?

Does Proposition 47 (Prop 47) Apply Automatically or Must One Affirmatively Request Reduction?

Restricted Driver’s License for Second, Third & Fourth DUI

My Driver’s License is Suspended –What Should I Do?

What Are Attorney Objections to Evidence in Court?

I Need my Criminal History – If it is Wrong, What Do I Do?

If a Prosecutor Overlooks Facts, is a Plea Bargain Invalid?

May a Judge Order Additional Restitution if Defendant Violates Probation?

Does Prop 47 Apply to Offenses Related to Drugs or Theft?