Why California HIV Disclosure Laws are a Threat to Public Safety (California Health and Safety Code Section 120291)
Why California HIV Disclosure Laws are a Threat to Public Safety (California Health and Safety Code Section 120291) It is difficult to live with HIV and the negative stigma that comes with it. Telling someone you are HIV positive is not easy. However, you could be facing criminal charges if you fail to inform a partner that you are HIV positive due to harsh California HIV disclosure laws. If you…
Read MoreTrust Act Prohibits Police Holds on Illegal Immigrants - Assembly Bill 4
Trust Act Prohibits Police Holds on Illegal Immigrants - Assembly Bill 4 After signing a bill allowing undocumented immigrants to apply for special driver’s licenses, California Governor Jerry Brown subsequently signed a multi-bill package on Oct. 5 providing further immigration reform. Assembly Bill 4, also known as the Trust Act, is the most notable and important component from that legislative package. The Trust Act prohibits local law enforcement officials in…
Read MoreWhat Happens When A Police Officer Destroys Evidence (Penal Code 135)
What Happens When A Police Officer Destroys Evidence (Penal Code 135) If you are charged with a crime and the police or the prosecution act in bad faith and destroy evidence prior to your trial, with the help of a California criminal defense attorney, your criminal case can possibly be dismissed. In a recent California Court of Appeals case, Victor Sivilla was charged with transporting heroin and cocaine hidden in…
Read MoreCalifornia Supreme Court Rules That Judges Cannot Give “Indicated” Sentences To Those Facing Criminal Charges
California Supreme Court Rules That Judges Cannot Give “Indicated” Sentences To Those Facing Criminal Charges In an important ruling, the California Supreme Court has stated that a judge cannot make a “firm offer” to a defendant facing criminal charges. This decision is a major blow to the criminal justice system and will result in many more cases going to trial. This vital change in the justice system emphasizes the importance…
Read MoreModifications To A Baseball Bat Can Lead To Felony Charges (PC 22210)
Modifications To A Baseball Bat Can Lead To Felony Charges (PC 22210) A California man who was pulled over for a minor traffic violation found out that some minor modifications to a baseball bat can lead to felony charges! Jack Davis’ Arrest In 2010, Jack Davis was pulled over by Deputy Hernandez, of the Napa County Sheriff’s Department. Hernandez asked Davis to step out of his truck and asked if…
Read MoreProsecutors Ordered to Turn Over Exculpatory Evidence Prior to Preliminary Hearing in Felony Cases
Prosecutors Ordered to Turn Over Exculpatory Evidence Prior to Preliminary Hearing in Felony Cases District Attorneys all over California are upset that they will now have to turn over all relevant evidence to the defense attorney prior to the preliminary hearing in every felony case. This new change highlights the importance to contact an experienced California criminal lawyer to protect your legal rights The Prosecutor Must Disclose Exculpatory Evidence Under what is known…
Read MoreHow Much Money Do You Think You Can Make Selling Pot?
How Much Money Do You Think You Can Make Selling Pot? California voters passed Proposition 215 in 1996 to allow certain individuals to use medicinal marijuana. Since then, there have been many marijuana dispensaries opening throughout California. These marijuana dispensaries can be highly profitable, but can lead you to trouble if you do not disclose all of the money you earn from your medicinal marijuana dispensary. John Melvin Walker’s Marijuana…
Read MoreShould The Cops Be Able To Collect DNA Samples From You When You Are Arrested?
Should The Cops Be Able To Collect DNA Samples From You When You Are Arrested? The United States Supreme Court and the California Supreme Court are both in the midst of deciding whether police officers can collect DNA samples from any person just because they were arrested for a crime. We all should pray long and hard that the courts realize that this is a major invasion of our privacy.…
Read MoreWhy Don’t We Let Jurors Ask Questions of Witnesses?
Why Don’t We Let Jurors Ask Questions of Witnesses? You are accused of a crime. Your fate is in the hands of 12 people you have never met. The jurors sit in court day after day listening to questions and answers from witnesses. They must sit silent. Jurors have “burning” questions on their mind that they want answers to. Yet, neither the prosecution nor the defense has asked the critical…
Read MoreI Was Charged With Extortion in San Bernardino – PC 518
I Was Charged With Extortion in San Bernardino – PC 518 Extortion is more commonly known as blackmail. Although blackmail is often associated with public officials, it is illegal for you to blackmail any person. Under California Penal Code Section 518, extortion in San Bernardino is the obtaining of property from another, with his consent, by the wrongful use of force or fear. Fear may be caused by a threat…
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