Victor C Marshall's Answers

Deputy da stood up in recessed court and tell defendant that she is guilty and will not win and not to waste her or judges time?

Conduct of this sort has been reported in many jurisdictions as lacking professionalism and ethics. The fact that a prosecutor did this while in the ear shock of jurors is a manifestation of the fear he or she is experiencing in this case. Apparently, that Deputy DA may have doubts about the case. It's possible they may be intentionally trying to get a mistrial or illegally persuade the jurors. It is improper conduct and the judge may declare a mistrial if requested by the defense. It may...

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Criminal law (Criminal)

The area of Criminal Law is one of the most fascinating areas a lawyer can practice. If you want to be a trial lawyer, this is the fastest way to do so. Your presence in the courtroom is one of the best way to learn the practical way of the practice. The California CEB does give you the basics, however, second to none is to be there. For quick research, Witkin and Jefferson are good materials to have as well. One last thing, go to the best to train you. There are at least two programs...

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Assault with a deadly weapon, can it be expunged in the state of California?

The question of expungement in California is not as clear and concise as it seems. An assault with a deadly weapon (PC 245 (a)(1)) can be dismissed under Penal Code Section 1203.4. It is in your best interest to have the felony first reduced to a misdemeanor then dismissed under said section. However, only certain 245 (a)(1)s may qualify as a reducible felony. Currently, if the weapon is a firearm, the law CAN allow a reduction then a dismissal. According to the California Code of...