Articles by Topic or Issue (Firearms / Weapons - Jail / Prison / House Arrest)
Felon in Possession of a Firearm and Constructive Possession
Does Carrying a Loaded Firearm on His Person Include in a Backpack?
- Medical Marijuana Cardholder Now Cannot Buy a Gun?
- After Prop 47 Granted on My Case, Can I Own a Firearm?
- What Is Assault with a Deadly Weapon? Defenses? Punishment?
- Should I Sign the Prop 63 Firearm Relinquishment Form?
- How Do I Get My Gun Rights Back After a Conviction?
- What Should I Do to Get My Firearms Back from the Cops?
- When Would Having a Small Wooden Bat Be a Crime (PC 22210)?
- What Is the Law on Brass Knuckles? Punishment? Defenses?
- When’s a Judgment Final for SB 620 for Firearm Enhancements?
- What Is Brandishing a Weapon or Pulling a Gun on Someone?
- Is a Certificate of Probable Cause Needed for SB620 Relief?
- What Is the Antiquity Defense to 18 U.S.C. § 922(g)?
- What Is a Dirk or Dagger under Penal Code § 16470?
- What is Illegal Possession of an Assault Weapon, PC 30605?
- What is Criminal Storage of a Firearm (PC § 25100)?
- Does Judge Have Power to Lower PC 12022.53 Gun Enhancement?
- The Right to Own or Buy a Firearm After a 5150 Hold?
- Self-Defense and 18 U.S.C. § 922(g) or Penal Code § 29800
- SB 620- When Can a Judge Strike the Gun Enhancement?
- Felon in Possession of Firearm: I am a Felon?
- What is Negligent Discharge of a Firearm (PC 246.3)?
- What is Penal Code § 17500 Regarding a Deadly Weapon?
- Penal Code § 16470: Is a Box Cutter a Dirk or Dagger?
- SB 620: Should Judge Consider Postjudgment Rehabilitation?
- SB 620 Analysis: Resentencing on Firearm Enhancement
- What are Some of the More Common Firearm Enhancements?
- What Must be Proven for a Firearm Enhancement to Apply?
- Enhancement for Being Armed with a Firearm – Sentencing
- SB 620: Can Judge Impose Lesser Enhancement If True?
- What Can Judge Consider in Striking Gun Enhancement?
- Unlawful Possession of a Firearm under § 922(g)(4)
- Convictions for Both Gun Manufacturing & Possession?
- When May Police Destroy Firearm Taken in 5150 Hold?
- Federal Motion to Vacate 18 U.S.C. § 922(g) Denied
- SB 620: Judge Denies Firearm Enhancement Reduction
- Little Known Grounds for Receiving a Firearm Prohibition
- 49 Misdemeanor Convictions That Result in Firearm Ban
- Dismiss Gun Enhancement Per Special Directive 20-08?
Click Here to Go Directly to Certificate of Rehabilitation
Conviction Related to Acting As Gang Member OK If Act Alone?
Multiple Punishments for Single Act Violates Penal Code § 654
- May a Judge Strike a Gang Allegation in Plea in Open?
- Do Gang Enhancements (P.C. § 186.22(b)) Bar Prop 47 Relief?
- Must the Prosecutor Prove a Gang Enhancement to Every Gang?
- Is a Gang-Related Juvenile Probation Condition Always OK?
- Can Showing Gang Tattoos Constitute Criminal Threats?
- Are Consecutive 10-Year Gang Sentencing Enhancements Error?
- Gang Enhancement Removed Due to Faulty Expert Opinion
- Is Validated Gang Membership Enough for a Gang Enhancement?
- Gang Enhancement Affirmed Due to Character Witness Testimony
- Inadmissible Gang Expert Testimony Allows Reversal.
- When Is Gang Expert’s Testimony OK for Motive?
- Gang Enhancements Reversed When Crawford Violation
- Sanchez and Testimony About Predicate Offenses.
- What’s Specific Intent to Assist Criminal Street Gang?
- What is Sufficient Evidence to Prove PC § 186.22(a)?
- What are Violent Crimes in Aid of Racketeering Activity?
- Conspiracy to Commit Murder for Gang Reversed on Appeal.
- Torrance DA Gang Expert’s Testimony Insufficient
- Gang Enhancement Vacated – Expert Opinion Speculative
- Heat of Passion for Manslaughter, Not Murder in Gang Killing
- People v. Sanchez, Proving Predicate Acts, Gang Crimes
- Gang Enhancements: How Does AB 333 Change 186.22?
- Gang Enhancements from 2007 Vacated under AB 333
- What Does AB 333 Change for Gang Enhancements?
- Modified Criminal Street Gang Enhancement Applied
- New Gang Enhancement Law & Predicate Offense Evidence
- Long Beach Court & Amended Gang Enhancement Statute
- Assembly Bill 333 & Gang Crime Enhancement Evidence
- AB 333 Retroactive for Bifurcation of Gang Enhancement
- PC 186.22: Proving Pattern of Criminal Gang Activity?
- AB 333 Violates Prop 21 on 190.2(a)(22) Charge
- Is Death Penalty or Guilty Verdict Barred by AB 333?
- Does Immigration Consequences Warning Bar Plea Withdrawal?
- What to Do If One Is Questioned by an ICE Agent in Jail?
- What Is Penal Code § 1203.43? Who Does It Benefit?
- Is Carrying a Loaded Gun a Crime of Moral Turpitude?
- What Is Vacating a Conviction under Penal Code 1473.7?
- Strategies to Avoid Deportation on a Drug Offense
- Motion to Vacate Conviction for Wrong Immigration Advice?
- Failure to Advise Client of Immigration Consequences
- What Are Some Examples of Crimes Involving Moral Turpitude?
- Ineffective Assistance of Counsel Required in 1437.7 Relief?
- Does a DUI Affect DACA Eligibility? Immigration Bond?
- Motion to Vacate Plea under PC 1473.7 Properly Denied?
- Penal Code § 1437.7 – Can Failure to Advise be Excusable?
- U.S. Supreme Court Ruling on Bad Immigration Advice.
- Juvenile Criminal Proceedings & Immigration Issues.
- Immigration Holds and the California TRUST Act.
- What is the Immigrant Victims of Crime Equity Act?
- How Does the Vienna Convention Apply in an Arrest?
- Under Immigration Law, Is Perjury an Aggravated Felony?
- Immigration: Is Amended Penal Code § 18.5 Retroactive?
- Immigration: Aggravated Felonies Under Federal Law?
- Motion to Vacate under PC 1473.7 – Discrediting Defendant
- PC 1473.7 Motion to Vacate Grounds: Defendant’s Own Error?
- If Defendant Did Not Meaningfully Understand Deportability?
- Immigration: Removal for First Degree Residential Burglary?
- The Criminal Defense Attorney, Immigration Advice Duty
- Does a Judge Have Discretion to Find 1473.7 Motion Timely?
- What is Assembly Bill (AB) 1259 for PC § 1473.7?
- Can One File a 1473.7 Motion to Vacate While in Custody?
- Addressing Prejudice in 1473.7(a) & AB 1259 Motions
- Motion to Vacate Denied, Immigration Consequences
- Showing Prejudice in a P.C. 1473.7 Motion to Vacate
- If Immigration Warning Says Conviction “May,” O.K.?
- Examples of Sufficient Prejudice for 1473.7 Motion.
- Is PC § 243(e)(1) a Crime Involving Moral Turpitude?
- Immigration: PC 1473.7 Motion to Vacate After Trial
- Failure to Warn of Mandatory Deportation Consequences
- Sex Offender Denied 1473.7 Motion to Vacate Affirmed
- Motion to Vacate (1473.7) Denied and Affirmed
Improper Traffic Stops / 911 Calls
Drug Evidence Suppressed When Police Improperly Stop Vehicle
Anonymous 911 Call Admitted into Evidence without Authentication?
Can a Visual Estimation of Speed Suffice for a Traffic Stop?
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