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People v. Phillips (2022): Beware: Your Prior Arrests May Come Back To Haunt You? The California Court of Appeals reviewed the issue of whether evidence from a defendant’s prior involvement in a similar crime may be used to convict that same defendant for a different crime that has comparable facts. In 2017, a 75-year-old man […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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