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.

Be Careful Who You Are Friends with – You Can Be Arrested on a Warrantless Search If Police Are Searching for Your Friend, But Find a Reason to Arrest You

Long Beach Court Convicts Tenant of Grand Theft for Breaching Rental Contract

State Appellate Court Rules That a Law Allowing Collection of DNA From an Arrestee Is Unconstitutional

Is a Statute of Limitations Flexible? Appeals Court Says Yes in a Sex Offense Case

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 Do I Remove My Name from the Megan’s Law Internet Listing?

What Happens at a Probation Violation Hearing?

Appeals Court Holds, in Ruling on a Romero Motion, that There Is No Automatic Dismissal for Strikes Arising from Same Act

Good Faith Exception to Officer’s Execution of an Improper Search Warrant Does Not Apply to an Improper Traffic Stop

Opening a Garage Door with a Stolen Remote Control Garage Door Opener Is Not Burglary, but Is Attempted Burglary

What Is Shoplifting and Its Defenses?

What Is Commercial Burglary (Penal Code § 459) and What Are the Defenses?

What Is Carjacking?

Conviction Reversed for Possession of Burglary Tools (Penal Code § 466)

What Is Robbery?

Are Criminal Threats Protected Speech Under the First Amendment?

What Is Embezzlement (Penal Code § 503)?

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

Is First Degree Residential Burglary a Crime of Violence Under Immigration Laws?

What Is Forgery?

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)) or on a Suspended or Revoked License (Vehicle Code § 14601)?

What Is Unemployment Insurance Fraud?

Witness Intimidation Can Make Admissible Otherwise Inadmissible Hearsay

What Is Joyriding?

What Is Grand Theft Auto?

Does Admitting to Having Marijuana Make a Search Legal?

Do Warrants Expire?

What Is a Misdemeanor Pre-Trial Hearing?

What Is Rape?

What Is False Imprisonment (Penal Code § 236)?

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

What Is Trespassing (Penal Code § 602)?

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

Does the Sixth Amendment Right to Fair Trial Mean Family Can Be in Court During Sentencing?

What Happens at a Felony Preliminary Hearing Setting Conference?

What is House Arrest as an Alternative to Jail?

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

What Is Mayhem (Penal Code § 203) and Aggravated Mayhem (Penal Code § 205)?

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

Does the Law Against Carrying a Dirk or Dagger Violate My Constitutional Right to Bear Arms for Self Defense?

Destruction or Spoliation of Evidence Can Cause More Problems Than it May Seem to Solve

Will the Prosecutor Dismiss the Domestic Violence Case if the Victim Will Not Testify or Appear at Trial?

Twenty-Five Years to Life Sentence Not Improper for Failure to Register as Sex Offender

Seven Years to Life Sentence for Dissuading a Witness for Benefit of a Gang Reversed Because No Force Threatened

Federal Conviction Reversed for Assault Because Federal Officer Not Aware Defendant Threw Rock at Him

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

The Police Took Your Money, So You Usually Get it Back, Plus Interest

First Degree Burglary Conviction Upheld When Realtor's Wallet Is Stolen in an Uninhabited House

Juvenile Commits First Degree Residential Burglary by Stealing Guns from Closet in Entryway

Can An Anonymous Cell Phone Call to Police Support a Traffic Stop for DUI?

How Much Custody Credit Do I Get?

Second–Time DUI Offender Must Be Granted Restricted License After 90 Days of Actual Suspension

What Are Criminal Threats and the Defenses to this Charge?

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

Felony Vandalism Charges Proper When Prosecutor Adds Damages from Multiple Victims

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

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

One Count of Indecent Exposure (Penal Code § 314) Proper Even if Multiple People Witness Conduct

California Supreme Court Rules Multiple Punishments for Single, Gang-Related Act Violates Penal Code § 654

Wiretap Information Leading to Seizure of 353 Kilograms of Cocaine Denied to Defendant

Shooting Someone with a BB Gun Can Be Assault with a Deadly Weapon (Penal Code § 245(a)(1))

A Juvenile Court May Not Automatically Transfer Case to Adult Criminal Court Without a Hearing

In DUI Case, Sixth Amendment Not Violated When Author to Lab Report Not Available

Police Detention Is Illegal Based on Only One’s Resemblance to a Suspect

Operator Of Medical Marijuana Collective Is Entitled to Assert Defense Under Prop 215 and the MMPA

Confession Is Inadmissible When Probation Officer Promised Shorter Sentence if Suspect Waived Right to an Attorney

Can an Out of State Conviction Count as a Strike Under California’s Three Strike Law?

In Juvenile Vandalism Case Involving Graffiti, May Restitution Include Investigation Costs?

When Must a Juvenile Be Sentenced to a Juvenile Facility?

Involuntary Manslaughter Conviction Upheld for Injury from Eight Years Earlier

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

What Is Kidnapping and Aggravated Kidnapping?

Juvenile Who Stole and Totaled Car Must Pay Restitution Including the Interest on Car Loan

What Is Child Abduction (Penal Code § 278)?

What Is Assault (Penal Code § 240)?

Conviction for Street Racing as Assault with Deadly Weapon by Car Upheld When Defendant Ran Red Light and Crashed

What Is Reckless Driving (Vehicle Code § 23103)?

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

Conviction for Possession of Materials to Produce Methamphetamine Reversed

Sentence for Juvenile of 100 Years Is Cruel and Unusual Punishment for Aiding and Abetting Murder

Expungement Not Available When Probation Terminated in Domestic Violence Case

Dismissal of Forgery Charges Reversed Although Defendants Impersonated No One During Scheme

Removal Order Affirmed for Alien Convicted for Use of Drug Paraphernalia

Ten-Year Restraining Order Proper for Mother Who Stalks Husband and Scares Daughter

Conviction for Attempted Criminal Threats (PC 422) Upheld Although Neighbor’s Fears May Have Been Unreasonable

Court Incorrectly Grants Certificate of Rehabilitation by Overlooking Recent Drug Offense

DUI Arrest Proper When Man Stumbles in Middle of Road While Picking Up Work Tools

What is Indecent Exposure (Penal Code § 314)?

Partygoers’ Convictions Reversed for Attempted Murder Based on “Kill Zone” Theory

Expungement of Petty Theft Conviction a Mistake, Although Defendant Consequently Faces Deportation

Marijuana Grower’s Conviction for Voluntary Manslaughter Upheld for Killing Thief of His Crop

What Is a STATIC-99 Report?

Thirteen New Crime-Related Laws to Know for 2013

Federal Judge Incorrectly Classifies Crack Seller as Career Offender

Man Who Impersonates Female’s Boyfriend While Having Sex Is Improperly Convicted of Rape

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

Unruly Defendant Removed from Courtroom Is Not Entitled to Have Audio or Video Feed to Hear or See Continued Testimony in Trial

Seventeen Year Old May Be Charged as an Adult with Second Degree Murder Based on Lay Testimony That He Had Average Intelligence and Maturity

What Are the Defenses to a Charge of Possession of Child Pornography (Penal Code § 311)?

Every Question About an Ignition Interlock Device ( I.I.D.) That You Had, but Were Hesitant to Ask

Restitution Order in Federal Court Improper When Calling for Immediate Payment

Conviction for Accessory to Shoplifting and Burglary Has Lessons for Those Defending Such Charges

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

Enhanced Sentence Upheld on Appeal for Sex Crime Defendant Who Already Was a Penal Code § 290 Registrant

Conviction Upheld for Possession of a Disassembled AK-47 Assault Weapon

Judge Makes Mistake in Letting Jury Hear Drug Cartel Evidence

Sentence Set Aside When Federal Judge Makes Mistake

Resentencing of a Three Strikes Sentence Often Involves Difficult Document Gathering Challenges

Does a Sex Crime Defendant Have the Right to Present Evidence of Alleged Victim’s Prior False Sexual Assault Claims?

Defendant’s Sixth Amendment Right to Cross-Examination Not Violated When Confidential Informant Testifies Wearing a Disguise

Confrontation Clause of Sixth Amendment Not Violated When DNA Evidence Is Admitted

Court May Not Involuntarily Commit a Mentally Retarded Person Without Showing That the Retardation Causes Violence

A Principal in Disturbing the Peace May Be Sentenced to 25- Year-To-Life for Attempted Murder That Follows

Restitution Award in DUI Case Reversed and Vacated Because Trial Court’s Calculation Not Rational

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

Murder and Robbery Conviction Overturned Where Defendant Confessed in Reliance on Detective’s False Promises of Leniency

Traffic Stop Proper Where Officer First Sees Driver Texting While Parked, but Then Moved While Making “Similar Movements”

In DUI Vehicular Manslaughter Case (Penal Code § 191.5), Police Can Download Car’s Computer to Show Speed at Impact

Immigration Consequences of a Plea to Misdemeanor Criminal Threats Are Not Grounds to Vacate a Judgment

Is My Call from Jail to My Attorney Really Private?

U.S. Supreme Court Rules Drug- Detecting Dog’s Incorrect Signal Can Give Police Probable Cause to Search a Car

Is Prosecutor Allowed to Charge Me with More Than What Police Arrested Me For?

Appeals Court Affirms Denial of Petition for Factual Innocence (PFI) After Case Dismissed at Preliminary Hearing

Which County Will Prosecute Me if I Committed a Crime in Two Different Counties?

Adult Convicted of Resisting Arrest May Not Serve Sentence in County Jail Because of Juvenile Strike

Why Should the Megan’s Law Website Information Be Used by Police Only?

Thirty Years to Life Sentence for Juvenile Sex Crime Defendant Not Cruel and Unusual Punishment

Standard Probation Conditions Authorizing Police to Conduct Warrantless Searches, Upheld on Appeal When Police Find Felon on Probation with Shotgun

May A Sentence Enhancement Be Applied Twice on the Same Defendant for Acts on the Same Victim in the Same Day?

Conviction for Felony Resisting Arrest (Penal Code § 69) Reversed When Improper Evidence of Prior Resisting Arrest Incidents Introduced

U.S. Supreme Court Rules that Warrantless Use of Police Dog on Front Porch to Signal Drugs Violates the Fourth Amendment

Appeals Court Affirms LAPD Officer’s Conviction for Solicitation of Prostitution (Penal Code § 647(b))

10 Things to Do If Police Stop You for DUI

Appellate Court Denies Equal Protection Challenge of Lifetime Sex Offender Registration Requirement for Possession of Child Pornography

Defendant Does Not Have to Pay Restitution When Probation Terminated and Cases Dismissed

What is a Criminal Street Gang for Purposes of a Sentencing Enhancement?

What Happens If Probation Is Revoked and There Is a Violation After the Probationary Period Ends?

Federal Sentence Enhancement Proper for Person Deported, but Subsequently Found Back in U.S. Serving Time in a California State Prison

U.S. Supreme Court Rules Police May Not Draw Blood Without a Warrant When Suspect Refuses Breath or Blood Test

Juvenile’s Conviction for Disturbing the Peace under Penal Code § 415 (2) While Stealing a Cell Phone Not a First Amendment Violation

Man Convicted Making False Claim of Citizenship Despite Claim He Suffered Delusion that Caused Him to Believe He Was a Citizen

What Should I Wear and Bring to Court?

Woman Allowed Parolee to Stay at Her House Guilty of Being an Accessory in Assisting Parolee Abscond from Supervision

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

What Are the HAM and MADD VIP Programs?

When the Government Destroys Key Evidence of a Crime in a Federal Case, Dismissal of Charge Not Mandatory

When A Pitchess Motion Is Granted, the Judge Must Review the Police Officer’s Confidential Personnel Records Rather Than Delegate Such Review to Another Person

Man Discards Handgun While Walking Away from Police After Orders to Show His Hands; Motion to Suppress Evidence of Gun Denied

Does Arson of an Inhabited Structure Include Setting Fire to An Inhabited Motor Home?

Pit Bull Owner Is Criminally Liable for His Dog’s Biting a Neighbor, Who Hit the Dog with a Cane to Protect His Labrador Retriever

Is the Prosecution Allowed to Add Charges During Trial Based on Witness Testimony in Trial?

What is Summary Probation?

Defendant Violates Probation on a Seven-Year Joint Suspended Prison Sentence; Under AB109, Sentenced to Seven Years in County Jail

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

U.S. Supreme Court Rules It Is Permissible to Take DNA Samples from Those Accused of a Serious Crime

What Punishment Do I Face for Shoplifting?

What Punishment Do I Face for Public Urination?

What Punishment Do I Face for Violating a Restraining Order?

What Punishment Do I Face for Domestic Violence?

What Punishment Do I Face for Possession of Marijuana?

What Punishment Do I Face for a Charge of Solicitation or Prostitution?

What Punishment Do I Face for a Probation Violation?

What Punishment Do I Face for Driving Without a Valid License?

What Punishment Do I Face for Driving Without Insurance?

Trial Court Denied Expungement Because Petitioner Given a Five Year Joint Suspended Sentence Is Reversed on Appeal

Burglary Conviction Upheld When Man Found in Electronics Store Placing Expensive Laptops in Private Box but Paid Only for Printer

Three-Strike Offender May Challenge Prior Strike Because Judge and DA in Prior Case Told Him at Plea No Strike Would Be on His Record

What Punishment Do I Face for Making Annoying Phone Calls or Texts (Penal Code § 653m(a) or (b))?

Prior Burglary Conviction Not a Predicate Offense to Enhance Defendant’s Federal Sentence for Felon in Possession of Firearm

Domestic Violence Case Filed in California Dismissed Because Acts Took Place in Hawaii

Court May Exclude Molestation Victim’s Sexual History if Not Similar to Molestation Being Prosecuted

Convictions Overturned for Possession and Sales of Ecstasy When Based Only on Inference that Its Chemical Name Is an Illegal Controlled Substance

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

What Is Diversion, Delayed Entry of Plea and Deferred Entry of Judgment?

Owners of Venice Medical Marijuana Clinic May Be Charged with the Unlicensed Practice of Medicine Although They Did Not See Patients

Suspected Ecstasy Drug Trafficker Successfully Challenges Search of His House Based on Faulty Search Warrant Affidavit

Juvenile’s Sentence from 22 Years Ago for 254 Years for Sex Crimes Set Aside

DMV Rejects Rising BAC Evidence and Court of Appeal Affirms DMV Decision

Plea Withdraw and Judgment Vacated When Mexican Citizen Not Advised of Adverse Immigration Consequences of Plea

Three Month Lapse Between Arrest and Probation Violation Hearing Does Not Violate One’s Right to a Timely Hearing

Is a Medical Marijuana Certificate a Valid Defense to a Charge of Possession for Sales?

Court May Impose $2,450 Fine in Felony DUI Case Even If Plea Bargain Does Not Include Such a Fine

Expungement of an Infraction?

What Happens if I Am Cited for Being a Minor in Possession of Alcohol?

What Is a “Trial Tax?”

Can One Travel to Canada if Convicted of DUI or Facing a Pending DUI?

Court Makes Mistake In DUI Case By Doubling Sentence Due To Prior DUI with Manslaughter

Trial Court May Not Increase Bail from $90,000 to $1 Million Based on Confidential Information Provided to Judge in Private Meeting

May the State Require a Person, upon Release from Prison, to Register as a Sex Offender Even If Not Required in Original Sentence?

Fifty-One Month Sentence for Illegal Re-entry to United Sates Affirmed Because Deportation Does Not End Parole

What is Statutory Rape?

I Missed Court for My Traffic Ticket Trial – What Should I Do?

Why Hire a Private Attorney? Why Shouldn’t One Use the Public Defender?

What Is a Certificate of Rehabilitation?

Can Bail Bondsmen Solicit Bail By Meeting a Person in Custody Without Their Request?

Are Breathalyzer Tests Meaningless? California State Supreme Court Says No

What Can I Do About My Criminal Record on the Internet When the Court Dismissed My Case?

Court Rules That, in Drug Case, a Probation Condition Is Proper That Someone Not Associate with Others He Has Reason to Know Are Drug Users

Is It Illegal for the Government to Use an Informant with a Lengthy Criminal History in a Drug Investigation?

Federal Lifetime Ban on Owning a Firearm Applies After Misdemeanor Conviction for Domestic Violence under California Law

Court Decides California Sex Offender Law Is Unconstitutional By Barring Those Convicted of Misconduct with Persons Under 14 From Relief From PC 290 Registration.

Man Who Tricked Elderly Man in his Nineties to Lend Him $133,000 Must Pay the Sum Back, Plus Interest at 10%.

Traffic Stop Ruled Improper and Evidence Seized by Police Suppressed When officer Lacked Reasonable Suspicion to Stop Driver.

Cab Driver Who Sold Burned Copies of Adobe Software is Guilty of Copyright Infringement Because He Knew His Copying Was Illegal

Police Must Give Suspect Miranda Warnings before Asking Him If He is a Gang Member While Booking Him into Jail

When Convicted Sex Offender Violates Terms of His Initial Release From Prison, Court May Impose Lifetime of Supervised Release

How Does the Sixth Amendment Affect My Right to Cross Examine A Witness knowledge About a Lab Report?

Defendant is Guilty of Dissuading a Witness from Testifying When He Asks Victim to Settle Dispute through Muslim Custom and Not Trial

Irvine’s Ordinance Barring Sex offenders From Entering Parks Without Permission is Unconstitutional and Violates California Law

Sixth Amendment Right to a Speedy Trial Not Violated When There Is a Seven Year Delay Between Arrest and Murder Trial

Conviction for Sale of Counterfeit Items (Penal Code § 350(a)(2)) Upheld Even Though Customers Knew The Items Were Fake

Cooking Methamphetamine with Child Under 16 Present Involves Prison Sentence, Not County Jail under AB109

Under New Three Strikes Law, Man is Ineligible for Resentencing for His Spousal Rape Conviction

Arrested for Misdemeanor DUI in January, 2011; Arranged in February, 2013; Is Defendant’s Right to Speedy Trial Violated?

Can Someone Be Convicted of Three Crimes By Attempting to Buy Something within a Fraudulent Check?

Does the Passage of 33 Years Bar Prosecution for Murder If Suspect Flees from California to Texas after Event?

May a Judge Extend Summary Probation Beyond Three Years if There Are Probation Violations?

Fourth Amendment Violated When Officers Search House After House Guest Lets DEA Agents Into House

Restitution to Victim Cannot Be Increased After Probation Ends, Even If Victim Sues Defendant in Civil Lawsuit and Wins Millions

Are Lie Detector Tests a Valid Probation Condition for a Sex Offender?

What Is a 995 Motion Under California Law?

Expungement is Available for Attempted Sex Offense Under Penal Code § 288 When Defendant Successfully Completes Probation

Should I Appeal?

How Do I Get Bail Reduced?

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

Kidnapping For Prostitution (Penal Code § 267) Conviction Affirmed Although Minor No Longer Lived Regularly At Home

Does Defendant Have to Be Present in Court if There is Trial?

I Was Arrested for a Misdemeanor, But the Officer Never Saw Anything - Is this Illegal?

Charges Upheld Against Woman Soliciting Forcible Rape and Sodomy By Posting Ads Online to Go to Another Woman’s House for Sex

Restoring The Right to Own a Firearm After Being Convicted in California of a Crime That Triggers a Ten Year Ban Is No Easy Task

Defendant’s Confession to Arson After Nine Hours of Police Questioning is Admissible Despite No Miranda Warnings Because Defendant Always Free to Leave

I Am a Good Person! Can’t I Tell the Judge and Prosecutor This? Maybe They’ll Dismiss the Case, Right?

Juvenile Found in Possession of Less than an Ounce of Marijuana – What Are the Defenses and What is the Possible Punishment?

Defendant’s Use of Booby Trap to Kill Detective Warrants Sentence Increase as Personal Use of Firearm Even If Defendant Gone When Trap Fires Gun

Federal Health Care Fraud Sentence Valid Despite Allegedly Anti-Immigrant Comments Made by Judge

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

Conviction Reversed For Commercial Burglary Even Though Broken Glass Found At Scene With Defendant’s DNA on Rock Inside

U.S. Supreme Court Lowers Standards for Allowing a DUI Traffic Stop Based on an Anonymous Call to 911

Probation Condition Vacated for Sex Offender that He May Not Date Anyone With Custody of a Minor Without Prior Approval of the Probation Officer

Shackling a Defendant With Leg Restraints During Double Murder Jury Trial Proper When Defendant Indicates Plans to Escape

Restitution Award of $3.4 Million Vacated Against Possessor of Child Pornography

Is Double Jeopardy Violated If a Court Increases a Sentence More Than Once For Just One Prior Conviction, Resulting in a 495 Year Sentence?

Federal Conviction for Refusing to Submit to DUI Test Reversed When Yosemite Park Ranger Gives Wrong Admonition

Twenty Years of California Law Changed: Juveniles Who Commit Certain Serious Crimes Should Not Receive Presumptive Life Sentences

Prosecutor’s Decision to Dismiss Two African-American’s Jurors during Penalty Phase of Death Sentence Case Found Not Racially Motivated

Sentence of 50 Years to Life for Teenager for First Degree Murder Not Cruel and Unusual Punishment

Cash Seized from Suspected Drug Dealer Returned to Him after Police, Rather than Prosecutor, Start Forfeiture Proceedings

Rape Conviction Overturned Because Judge Mistakenly Allowed Kidnapping Victim to Testify About Uncharged Act

First Degree Murder Conviction Reversed Because Judge Instructed Jury That it Was Not Necessary for the Jury to Agree Upon One Theory of Murder

Does Serving More Time Than Sentence Exempt One From Post-Release Community Supervision (PRCS)?

Fourth Amendment Violated When Pomona Police Induce Doctor to Forcibly Remove Plastic Baggie With Cocaine from Arrestee’s Rectum

Judge May Properly Restrict Sex Offender’s Internet Use Because Defendant Failed to Object to this at Trial

Juvenile Court Judge May Not Disqualify Public Defender Unless a Conflict Exists

City of Inglewood Red Light Camera Ticket Upheld at California Supreme Court, Finding that the Photographs and Video at Issue Were Properly Authenticated

Convictions for Trespass and Vandalism For Juvenile Are Reversed

Criminal Protective Order in Domestic Violence Case Is Improper When it Bars Father From Contacting His Kids, Who Were Not Victims in the Case

Have a Cellphone? Arrested? New Case Says Police Need a Warrant to Search Your Phone Contents