People v. Pomar | You May Be Able To Prevent The Entire DA's Office From Prosecuting You
People v. Pomar | You May Be Able To Prevent The DA From Prosecuting You The concept of conflicts of interest is not new in the legal world. This is especially true in criminal trials where the stakes are high. A conflict of interest occurs when someone's personal interests or bias interferes with their ability to make impartial decisions that align with their professional obligations. However, as Pomar illustrates, one…
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What Does A Prosecutor Have To Prove In A PC 459 Burglary Case?
What Does A Prosecutor Have To Prove In A Burglary Case? Burglary is the act of unlawfully entering a building with the intention of committing a crime. In accordance with California Penal Code Section 459, burglary charges can be filed even without theft being involved. Burglary occurs when an individual enters a building, home, structure, room, container, or vehicle with the intent to commit larceny or any felony offense. You…
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New Federal Law That Would Increase The Penalty for Carjacking is Politically Motivated Says Wallin and Klarich Senior Partner Paul Wallin
A Republican-Sponsored Bill Would Block Early Prison Release for Federal Carjacking Offenders Carjacking is a serious crime that has caused growing concern among many communities in the United States. In recent years, carjacking cases have become increasingly common, making it a critical issue for legislators to address. To this end, US Senator Tom Cotton of Arkansas recently proposed legislation that would block federal prison inmates convicted of carjacking from being…
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What Are Crimes Involving Moral Turpitude?
What Are Crimes Involving Moral Turpitude? Crimes involving moral turpitude (CIMTs) are a general category of crimes that involve dishonesty or fraud, or a depraved act that shocks the conscience of a reasonable person. Such a crime always requires intent, meaning that the defendant must have willfully or intentionally acted with the knowledge that the action would harm another. Some examples of CIMTs include murder, rape, arson, robbery, child abuse,…
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How Do Prosecutors Prove Hate Crimes?
How Do Prosecutors Prove Hate Crimes? What Are Hate Crimes? California Penal Code Section 422.55 defines a hate crime as a criminal act committed because of an actual or perceived characteristic of the victim, such as the victim’s disability, gender, nationality, race or ethnicity, religion, or sexual orientation. Hate crimes can have an especially devastating effect because they send a message of intolerance and instill fear in the community that…
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Can My Children Be Taken Away if I Smoke Marijuana?
Can My Children Be Taken Away if I Smoke Marijuana? As we all know smoking marijuana or consuming marijuana as an “edible” is now legal in California. This is great news for all adults who enjoy using marijuana in one of many of its forms. However, what about for parents of young children? Can their children be taken away because they use marijuana? The answer to that question is it…
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New Case Helps in the Fight against Felony Murder Convictions
New Case Helps in the Fight against Felony Murder Convictions The fight to change California’s felony murder rule continues, but those in favor of changing it have gotten a powerful new ally. A recent case in the California Court of Appeal has reversed the first degree murder conviction of Ricky Lee Cobbs based on a new law that changed the felony murder rule. The Facts of In re Cobbs Cobbs…
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Penalties for Possessing a Gun after a Felony Conviction (PC 29800)
Penalties for Possessing a Gun after a Felony Conviction (PC 29800) If you are convicted of a felony offense, you will likely lose your Second Amendment right to keep and bear arms. So, what happens if you have been convicted of a felony and you are found to be in possessing of a firearm? Felon with a Firearm Laws in California (PC 29800) In to be convicted of illegal possession…
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Are Felony Convictions Public Record?
Are Felony Convictions Public Record? One of the most common questions our attorneys receive is “will my felony conviction show up on my public record?” There are many forms of this question, but the answer is always the same. A felony conviction can follow you around for the rest of your life, making it difficult to find and keep a job, become certified as a professional in your field, or…
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You Can’t Be Convicted of a Crime Unless All of the Elements are Proven (VC 2800.2)
You Can’t Be Convicted of a Crime Unless All of the Elements are Proven (VC 2800.2) In order to convict you of a crime, the prosecution must prove that all of the elements of the crime were met. If just one of the elements of the crime for which you are accused is not met, then you cannot be convicted of that crime. So what happens if you are convicted…
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