Court Incorrectly Grants Certificate of Rehabilitation By Not Evaluating Recent Drug Offense
May 14, 2013
Mitchell Zeigler was convicted in 1989 of two felony counts of transportation or sale of narcotics (Health and Safety Code 11352) in Santa Clara County. He was granted probation, but violated it ...
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Conviction for Attempted Criminal Threat (PC 422) Proper Although Neighbor’s Fears May Have Been Unreasonable
May 14, 2013
Ben Chandler, Jr., and his female neighbor had problems with each other. His female neighbor, Ms. Lopez, then went to court and received a civil restraining order against Chandler. The two lived...
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Sentence Set Aside When Federal Judge Makes Mistake
Mar 08, 2013
Chino prison guard Robert McGowan was sentenced to four years and three months in prison for violations of federal laws prohibiting a prison guard from depriving an inmate of his constitutional right t...
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Drug Diversion Programs – Prop 36 Versus PC 1000
Mar 07, 2013
If you or a loved one face charges for possession of an illegal drug, a common response is, prison will not solve the problem; treatment and education would be better.
Our legislature in Sacramento ...
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Restitution Award in DUI Case Reversed and Vacated Because Trial Court’s Calculation Not Rational
Mar 06, 2013
Monetary restitution awards in some criminal cases are a mere a drop in the bucket, or sadly insufficient toward paying a victim of crime for damages suffered. For example, a rape victim may receive $1...
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A Principal in Disturbing the Peace May Be Sentenced to 25- Year-To-Life for Attempted Murder That Follows
Mar 05, 2013
In 2008, inside a Stockton grocery store, Eduardo Liesa, a member of the Sureo street gang, allegedly made rude comments and threw gang signs to two Norteo gang members. The two gangs were rival gangs....
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Is Expungement Worth It?
Mar 04, 2013
In todays economic hard times, our firm receives numerous inquiries about clearing ones criminal record. The concern expressed is almost always that a prospective employer may reject a job applicant wh...
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Court May Not Involuntarily Commit a Mentally Retarded Person Without A Showing That Violence is Related to Retardation
Mar 04, 2013
On March 15, 2011, the Santa Clara County District Attorney filed a petition under Welfare Institutions Code 6500, asking the court to commit Ronald Cuevas to involuntary treatment at California Psyc...
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Plea Bargaining By The Judge Is Illegal – Not an Indicated Sentence
Mar 01, 2013
It is not uncommon for our clients to encounter a prosecutor who seems to stop plea bargaining, or plea bargain at all in the face of new information. The prosecutor may not seem to read the polic...
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Conviction Reversed for District Attorney Withholding Evidence
Feb 28, 2013
On January 10, 2012, the United States Supreme Court reversed a murder conviction in Smith v. Cain (2012 DJDAR 296). The opinion held that a Louisiana district attorney violated his duty to produce mat...
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