How Newly Discovered Evidence Can Be Raised While Your Case Is On Appeal
How Newly Discovered Evidence Can Be Raised While Your Case Is On Appeal Let’s say you are a defendant in a criminal case. You believe the charges against you are wrong, the allegations are false, and you proceed to a jury trial to prove your innocence. You are hoping for the best, but prepared for the worst. Your attorney presents evidence and you might even choose to testify on your…
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People v. Brown (2021): Police Search of Pockets without Probable Cause Unconstitutional
People v. Brown (2021): Police Search of Pockets without Probable Cause Unconstitutional In the recent case of People v. Brown, the California Court of Appeals explored the issue of whether the well-established “stop and frisk” search upheld by the Supreme Court in Terry v. Ohio, 392 U.S. 1 (1968), for the purpose of officer safety could extend to searching a suspect’s pockets where no evidence of weapons or contraband was…
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San Diego Trial Court Imposes 5 Year Enhancement for Burglary [PC 1192.5]
San Diego Trial Court Imposes 5 Year Enhancement for Burglary [PC 1192.5] A San Diego criminal conviction was appealed, and the California Court of Appeal issued their holding on 10/28/2020. The appeals court held there was no abuse of discretion in the San Diego trial court’s decision not to strike the defendant’s five-year enhancement imposed under Penal Code Section 667(a)(1). In People v. Shaw, the defendant was storing automobiles on…
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New Law Helps Exonerated People Get Their Life Back
New Law Helps Exonerated People Get Their Life Back A recently enacted law is helping people who were convicted of crimes they did not commit find their way back to a normal life. Passed in late 2019, AB 701 provides people who were proven to have been innocent of the crime for which they were convicted up to $5,000 toward the cost of housing, as well as reimbursement towards housing…
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New Notice Requirements if You Wish to Terminate Probation Early
New Notice Requirements if You Wish to Terminate Probation Early Courts have the authority to terminate probation early. That is, if you were placed on probation for 36 months, you have the ability to ask the court to reduce that time period and the court, if it is convinced there is a good reason to do so, can do so. (See Pen. Code, § 1203.3.) What Does AB 433 Do?…
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A Change in the Law Makes Probation Life a Little Easier
A Change in the Law Makes Probation Life a Little Easier Court Fines & Probation Violation A change to California’s laws in 2020 regarding probation has just made life under probation a little less stressful. Failure to pay court-ordered fines, fees, or assessments used to mean that you automatically would have your probation revoked, and that you were headed to jail or prison. Starting this year, AB 1421 changes that for…
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CAN YOUR TEENAGER BE TRIED AS AN ADULT?
CAN YOUR TEENAGER BE TRIED AS AN ADULT? When it comes to criminal justice and juveniles, the law has long operated on the assumption that juveniles are incapable of making adult decisions that would lead them to commit adult crimes. However, for some crimes, there was a long established exception that even juveniles should be charged as adults when the crime is very serious. There is now a conflict between…
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COURT RULES CERTIFICATE OF PROBABLE CAUSE NOT REQUIRED IN CERTAIN APPEALS
COURT RULES CERTIFICATE OF PROBABLE CAUSE NOT REQUIRED IN CERTAIN APPEALS It always seems to be the big question when the law changes: How does it affect people that were arrested, convicted, or sentenced before the change? How do you appeal? Can you appeal? Are there special requirements that go along with the appeal? These can be a very tricky questions to answer and why you need to consult a…
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When You are Found Guilty by a Jury, It is Not the End of the Game
When You are Found Guilty by a Jury, It is Not the End of the Game Before a defendant can be convicted in a criminal case, the trial judge is responsible for doing all he or she can to ensure that the defendant’s constitutional rights are protected. All defendants facing misdemeanor or felony charges are legally entitled to a competent lawyer to represent them at their trial. The trial judge…
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Is it Too Late to Appeal My Conviction?
Is it Too Late to Appeal My Conviction? Being convicted of a crime could be devastating. You could lose your job, your home, and worst of all, your freedom. You could be separated from friends and family for many years. After a conviction, it is easy to think that there is nothing more you can do in your case. However, you should not give up on your case. You have…
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