Appeal Court Reverses Murder Conviction After Jury Confusion Over Self-Defense Instructions When a person is convicted at trial, the fight for justice does not necessarily end. California law allows individuals to challenge convictions through appeals and writs when legal errors may have affected the outcome of their case. A recent decision in People v. Brim […]
Court Rules Misdemeanor Case Must Be Dismissed When Jury Trial Did Not Begin Within 45 Days If you are facing misdemeanor charges in California, you have an important constitutional and statutory right to a speedy trial. A recent California case, Nuanmanee v. Superior Court, reinforces that courts cannot delay your trial beyond the legal deadline […]
When Jury Instructions Misstate the Law: Understanding "Force" in California Sex Offense Cases In criminal trials, jury instructions serve as the foundation for how jurors understand and apply the law. When these instructions are incorrect or misleading, it can result in a wrongful conviction. A recent California appellate decision shows how proper jury instructions are […]
Improper "Kill Zone" Jury Instructions Could Result in Your Conviction Being Overturned In every criminal trial, one of the most critical yet often overlooked components is the set of instructions given to the jury. Before deliberation begins, the judge provides the jury with carefully worded instructions that explain the relevant laws, define legal terms, outline […]
IF YOU WANT TO WIN YOUR CASE YOUR LAWYER NEEDS TO KNOW HOW TO GET THE BEST EVIDENCE BEFORE THE JURY OR JUDGE Improper Rehabilitation Improper rehabilitation of a witness occurs when efforts to restore the witness's credibility in court are mishandled or conducted in violation of legal standards. This can involve introducing inadmissible evidence, […]
You Need A Criminal Lawyer Who Will Obtain All Of The Evidence The District Attorney Has Against You And Challenge That Evidence In Court Navigating the legal system can be daunting, especially for those who find themselves accused of a crime. At the heart of a robust defense lies one fundamental aspect—obtaining all evidence against […]
The Jury and Not The Judge Will Decide What Your Sentence Will Be If You Are Convicted of Most Felonies - Penal Code Section 1170 One crucial aspect of felony cases is determining whether "aggravating factors" exist, which can significantly increase your prison sentence if convicted. Under California Penal Code Section 1170, it's not a […]
“Harmless Errors” By the Court May Not Affect the Verdict People v. Schultz (2020) Defendant Michael Schultz (“Schultz”) was convicted of first-degree murder of Cynthia Burger (Penal Code § 187(a)) by a jury, finding true the special circumstance allegations that the murder was committed while Schultz was engaged in the commission of rape and burglary […]
What is the Right to Waive a Jury Trial? In criminal prosecutions, the defendant may decide whether he or she would like to waive the right to a jury trial. Should the defendant choose to waive this right, the defendant will have what is called a bench trial that is conducted by a judge alone. […]
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 […]
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