California Criminal Lawyer Blog

Recent Posts from California Criminal Lawyer Blog

• COP SENTENCED FOR STEALING PART OF DEFENSE ATTORNEY'S FILE; SHERIFF'S DEPARTMENT SUPPORTS HIS CRIMINAL BEHAVIOR

  A Maricopa County Sheriff's detention officer was found in contempt of court Wednesday for his decision to remove a document from a defense attorney's file during a sentencing hearing last month. [To see the full…

• EXIGENT CIRCUMSTANCE SEARCHES FOR MISSING PERSONS

  This California Court of Appeal ends up upholding the search in this case based on exigent circumstances. The details are long and exhausting, but essentially the Court of Appeal says that there are exigent circumstances…

• CALIFORNIA CRIMINAL DEFENSE: KNOWLEDGE AND FAILURE TO REGISTER AS SEX OFFENDER

  KNOWLEDGE AND FAILURE TO REGISTER The defendant here was convicted of failing to register as a sex offender for failing to register at a second address where he was also living. The defendant must have…

• CALIFORNIA CRIMINAL DEFENSE LAWYER: PROVOCATIVE ACT MURDER AND FIRST DEGREE MURDER

  This is a provocative act murder case. A, B, and C try to kill D. In self defense, D kills C. The Cal. Supremes here hold that A and B can be convicted of first…

• CALIFORNIA DUI CONVICTION CAN PREVENT ENTRY INTO CANADA

  You have just had a really long year and you are dying to go to Whistler (in Canada) for a long-deserved ski vacation. Think again if you have a DUI conviction, a domestic violence conviction,…

• BANNING COUNSEL FROM DISCUSSING A WITNESS STATEMENT WITH THE DEFENDANT

  The DA was concerned about the safety of a key witness. So the DA handed over the statement of the witness, but got the judge to order defense counsel NOT to discuss the statement with…

• CALIFORNIA CRIMINAL LAW: PLACING A SHERIFF'S DEPUTY IN A CHAIR NEXT TO A TESTIFYING DEFENDANT (OUTRAGEOUS!)

  PLACING A SHERIFF'S DEPUTY IN A CHAIR NEXT TO A TESTIFYING DEFENDANT This was an outrage of the week in 2007, and it's an outrage of this week as well. There was no claim that…

• ONE INFLICTION OF GREAT BODILY INJURY, TWO ENHANCEMENTS

  The defendant inflicted great bodily injury. He got a 3-year enhancement for GBI under California Penal Code sec. 12022.7, and it was done for the gang, which made the underlying crime a violent felony under…

• PROSECUTORIAL MISCONDUCT QUANTIFYING PROOF BEYOND A REASONABLE DOUBT

  PROSECUTORIAL MISCONDUCT QUANTIFYING PROOF BEYOND A REASONABLE DOUBT The Deputy District Attornrey in this case illustrated proof beyond a reasonable doubt by using a PowerPoint slide show, showing a jigsaw puzzle picture of the Statute…

• CALIFORNIA SEARCH & SEIZURE LAW: THE FOURTH AMENDMENT AND PRIVATE POSTAL BOXES

  The defendant rented a private postal box. The police went to it and asked an employee if the defendant received mail at that facility. The clerk responded by reaching into the defendant's postal box, retrieving…