When is it a Crime to Encourage Someone Not to Report a Crime?
When is it a Crime to Encourage Someone Not to Report a Crime? Not surprisingly, it is a crime to dissuade someone from testifying against you in court. In addition, the law states that “every person who attempts to prevent or dissuade someone who has been the victim of a crime or who is witness to a crime from making any report of that victimization to a peace officer is…
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COVID-19 is Not an Excuse: Courts Must Hold Preliminary Hearings Within 60 Days of Arraignment
COVID-19 is Not an Excuse: Courts Must Hold Preliminary Hearings Within 60 Days of Arraignment The question before the court in Lacayo v. Superior Court was whether there were such “extraordinary circumstances” presented by the COVID-19 global pandemic to justify “good cause” for continuance of the defendant’s preliminary hearing beyond the 60-Day Rule. On February 24, 2020, Defendant Kareem Lacayo (“Lacayo”) was arraigned on charges for possession of a firearm…
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Can My Accomplice Testify Against Me In Court?
Can My Accomplice Testify Against Me In Court? What is an Accomplice? An accomplice is one who aids, abets, or encourages another person to commit a crime with the intent that the crime be committed. See California Penal Code § 31. Navigating Accomplice Testimony in California In a criminal prosecution, the district attorney’s office can charge someone as an accomplice to a crime when that person aids, abets, or encourages…
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Felony Murder Conviction Upheld Because Defendant Acted with Reckless Indifference for Human Life
Felony Murder Conviction Upheld Because Defendant Acted with Reckless Indifference for Human Life In 2000, a man was convicted in San Bernardino for a home invasion robbery during which the man’s accomplice shot and killed a resident of a house. In 2005, the man was found guilty of first-degree felony murder and assault with a deadly weapon and was sentenced to 27 years to life. In 2018, the Legislature enacted…
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Does the Fourth Amendment Protect a Person from Private Searches?
Does the Fourth Amendment Protect a Person from Private Searches? With few exceptions, the Fourth Amendment prohibits unreasonable searches and seizures without approval by a judge or magistrate. However, the Fourth Amendment does not protect a person from private searches, because the United States Constitution only protects against governmental action. What is the Private Search Doctrine? Under the private search doctrine, a government search does not implicate the Fourth…
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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…
Read MoreProp 57 May Not Apply To Juvenile Offenders Sentenced In A Trial Court
Prop 57 May Not Apply To Juvenile Offenders Sentenced In A Trial Court Defendant Jesus Lizarraga (“Lizarraga”) was 17 years old when he shot and killed a member of a rival gang. In 2014, Lizarraga was tried as an adult and was convicted of second degree murder. Lizarraga was sentenced to serve 40 years to life in state prison. Lizarraga appealed, but the appellate court affirmed the trial court’s judgment.…
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8,000 California Inmates Could be Released by August—Are you or your loved one eligible?
8,000 California Inmates Could be Released by August—Are you or your loved one eligible? As we mentioned at the beginning of the pandemic in California, the state’s justice system has implemented unprecedented protocols in an attempt to quell the surge in COVID-19 cases among incarcerated inmates by releasing 3,500 California inmates within 60 days. The Los Angeles Times reported on July 10, 2020—that as many as 8,000 California prisoners…
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What is a “No-Contest” Plea? | A Breakdown
What is a "No-Contest" Plea? | A Breakdown In California, the vast majority of criminal cases (most estimates put the number over 95%) are not resolved by taking the matter to trial. When a defendant in a courtroom proclaims “Not guilty” through defense counsel that begins a contested process where the final outcome is rarely rendered by a jury. The vast majority of cases are settled through a “plea agreement”. …
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Can I Be Prosecuted as an Accessory if I Refuse to Testify?
Can I Be Prosecuted as an Accessory if I Refuse to Testify? Accessory v. Accomplice This is an interesting question and, at the outset, let's differentiate an "accessory" from an "accomplice." Generally, an accessory is someone who helps someone escape arrest, trial, or conviction, but is not involved in the crime themselves; whereas an accomplice is a person who aide in the commission of the crime itself. This distinction is…
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