Defendant Violates Probation on a Seven-Year Joint Suspended Prison Sentence
Jun 11, 2013
In May of 2009, James Scott entered into a plea bargain in Monterey County, pleading no contest to a charge of violating Health and Safety Code 11351.5 (possession of cocaine base for sale). Mr. ...
See Full Guide
What is Summary Probation?
Jun 11, 2013
Our office is frequently asked what summary probation is, usually by clients who had a clean criminal record prior to the case we are defending them in. The question is usually asked with anxiety,...
See Full Guide
Beware: The Prosecution May Add Charges During Trial Based on Witness Testimony in Trial
Jun 10, 2013
It is not uncommon for police to arrest someone for three or four alleged violations, but for the prosecutor to only charge ore or two violations. When this happens, our clients often comment with...
See Full Guide
Pit Bull Owner Is Criminally Liable for His Dog’s Biting a Neighbor
Jun 10, 2013
In many instances when a person calls the police to report some type of incident, the police will respond, that is a civil matter. The police will then say that the complaining party should contac...
See Full Guide
Does Arson of an Inhabited Structure Include Setting Fire to An Inhabited Motor Home?
Jun 10, 2013
Under Penal Code 451, arson is defined as willfully and maliciously setting fire to or burning or causing to be burned any structure, forest land or property. Punishment varies depending upon inj...
See Full Guide
Man Discards Handgun While Walking Away From Police; Motion to Suppress Evidence of Gun Denied
Jun 07, 2013
It is quite common for clients to comment that they think a conviction is unlikely because there is no physical evidence of any crime. The belief seems to be based on the corpus delicti principle ...
See Full Guide
When A Pitchess Motion Is Granted, The Judge Must be the One to Review The Police Officer’s Confidential Personnel Records
Jun 07, 2013
Under Pitchess v. Superior Court (1974) 11 Cal. 3d 531, Evidence Code 1043 and Penal Code 833.5, a defendant has a right to review a police officers confidential personal records if those files ...
See Full Guide
When Government Destroys Key Evidence Of A Crime In A Federal Case, Dismissal Of Charge Not Mandatory, But A Jury Instruction Is
Jun 07, 2013
It is a constitutional due rights violation when the government acts in bad faith destroying evidence that the defendant is unable to replace with comparable evidence. When the government does thi...
See Full Guide
What Are the HAM and MADD VIP Programs?
Jun 06, 2013
In DUI cases, there is a seemingly endless list of things one must complete, pay or perform if granted either summary (informal) or formal probation. Two of those things common to most probation t...
See Full Guide
When Can a Judge Attach Conditions to Bail or Deny Bail?
Jun 06, 2013
In all misdemeanor cases, under Penal Code 270, defendant shall be entitled to an own recognizance [OR] release unless a judge or magistrate finds that an OR release will compromise public safety...
See Full Guide
Ad
Transform legal challenges into solutions.
Connect now to review your situation.
The Avvo Rating explained
The Avvo Rating explained