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Criminal Defense Attorneys

Criminal Defense Articles 2075 & Higher

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  1. What is the Serrato Exception to Double Jeopardy?

  2. What Are Valid Parole Residency Restrictions?

  3. CDCR Disciplinary Finding of Conspiracy Reversed

  4. What Are One’s Rights in a Parole Revocation Hearing?

  5. Full Resentencing For Invalid Enhancement if Stayed?

  6. What is Post Release Community Supervision (PRCS)?

  7. Miranda Not Required When Suspect Free to Leave

  8. What is Needed to be a Mentally Disordered Offender?

  9. Will Reduction of a Felony to a Misdemeanor End 290?

  10. What Happens After an MDO Completes the DSH Term?

  11. When Does Incompetency Commitment End under PC 1170?

  12. How Does the CDCR Screen for SVP Determination?

  13. New Criminal Laws Effective in California in 2024.

  14. How Does Having an ICE Hold Affect One in Prison?

  15. No CRJA Violation for Defense Counsel Testimony Advice

  16. General Principles for Removal Based on a Conviction

  17. DUI – When a Warrantless Forced Blood Draw is Illegal

  18. What is an Aggravated Felony for Immigration Issues?

  19. Critical Ruling on Access to Police Misconduct Records

  20. Immigration: What’s a Crime Involving Moral Turpitude

  21. New Domestic Violence Restraining Order Discovery Law

  22. When Can One Not Appeal After a No Contest Plea?

  23. What is and When Can One File a Motion Nunc Pro Tunc?

  24. Can I Appeal Without a Certificate of Probable Cause?

  25. One Must be a California Resident to Get SB 384 Relief

  26. Common Grounds for Appeal after Sentence (Part 1 of 2)

  27. SB 384 Motion Denied on Tier 2 Offender Then Reversed

  28. Common Grounds for Appeal after Sentence (Part 2 of 2)

  29. Is it a 4th Amendment Violation to Use City’s Street Videos?

  30. How to Correct or Add to the Record for an Appeal

  31. Peremptory Challenge of Latina Juror Unrelated to Race

  32. What Can One Do if the Appellate Court Erred?

  33. Judge Errs by Not Allowing CRJA Evidentiary Hearing

  34. When Can I File a State Court Habeas Corpus Petition?

  35. Domestic Violence Laws and “Friends with Benefits”

  36. Three Most Common Grounds for a State Habeas Petition

  37. SB 483 Resentencing After 3 Strike Reform Act Denial?

  38. Three Reasons a Habeas May Not Be Brought & Exceptions

  39. Compelled Use of Finger to Unlock Phone Illegal?

  40. Before Filing Habeas, Exhaust Administrative Remedies

  41. Motion to Suppress Granted Based on Unlawful Detention

  42. If a State Court Habeas is Denied, How to Seek Review

  43. CRJA – Judge Ignored Police Officer’s Implicit Bias

  44. What is a State Petition for a Writ of Mandate?

  45. Can State Court Have Jurisdiction Over VA Fraud Case?

  46. Examples of a Writ of Mandate / Mandamus

  47. What is a Plea Under People v. Palmer?  Why Do It?

  48. What Must be Stated in a Writ of Mandate / Mandamus?

  49. Commutation Denied Because Proceedings Not Arbitrary

  50. What is a Post-Conviction Motion for DNA Testing?

  51. Death Row Challenge to Method of Execution Fails

  52. Who Can File a Federal Habeas Corpus Petition? 

  53. Motion to Suppress on Laser Narcotics Identification

  54. What Does it Mean to Exhaust State Court Remedies?

  55. Cop Prosecuted for False Police Report (PC 118.1)

  56. What a Federal Court Does to Unexhausted State Claims

  57. When Can Judge Order Medicine be Given by Force?

  58. Federal Habeas – What if State Won’t Exhaust a Claim?

  59. When Can a Judge Terminate Mental Health Diversion?

  60. Filing a Federal Habeas Despite No State Exhaustion?

  61. AB 333 & Showing Pattern of Criminal Activity, Nexus

  62. What Are the Deadlines for Filing a Federal Habeas?

  63. Federal Habeas and Actual Innocence Standard
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