California Criminal Lawyer Blog

Covers California criminal defense law, including news and events dealing with drug smuggling, DUI, murder and white-collar criminal law.

Author: Mary Frances Prevost is a solo practitioner in San Diego.

Blawg Related Categories: Criminal Justice • White Collar Crime • States • California • Solo / Small Firm • Private Defense

Recent Posts from California Criminal Lawyer Blog

PENNSYLVANIA SUPREME COURT THROWS OUT 6500 JUVENILE CASES BECAUSE OF JUDICIAL CORRUPTION
COURT THROWS OUT 6500 JUVENILE CASES BECAUSE OF JUDICIAL CORRUPTION The PA Supreme Court just threw out 6500 juvenile delinquency cases after two judges were indicted for taking more than $2.6 million in kickbacks from…
SAN DIEGO CRIMINAL DEFENSE: PACIFIC TOXICOLOGY LABORATORY RESULTS CALLED INTO QUESTION
San Diego County District Attorney Bonnie M. Dumanis office said Monday in a news release that officials were sending a letter out to San Diego-based defense attorneys "apprising them of concerns from a toxicology lab…
SAN DIEGO CRIMINAL DEFENSE: SECRET TAPES MADE BY COP REVEALED TO DEFENSE
Secret tapes shared with defense lawyers By Michael BurgeUnion-Tribune Staff Writer 2:00 a.m. October 23, 2009 OCEANSIDE — The District Attorney's Office is sharing with defense attorneys secret recordings of suspects' police interviews so they…
UNITED STATES SUPREME COURT DECLINES TO HEAR "ONE SWERVE" ANONYMOUS TIPSTER DUI CASE
United States Supreme Court Chief Justice Samuel Alito lobbied hard to gain enough colleagues to vote to hear a DUI case out of Virginia where the cop pulled over a driver based solely on the…
SAN DIEGO POLICE SHOOT UNARMED WOMAN IN STOLEN CAR
San Diego police shoot an unarmed woman as she sat in a car stolen by her boyfriend. For more on the story, click HERE.
CALIFORNIA CRIMINAL DEFENSE LAWYER: JOINTLY CHARGED DEFENDANTS, DELAYS WITH GOOD CAUSE, AND TRAILING
Defendants A and B are jointly charged in a felony. Day 60 comes up. Defendant A's lawyer is sick; he waives time. B objects. The case is continued, the court finds good cause to delay…
CALIFORNIA CRIMINAL LAW: CLIENT CONTROLS WHETHER OR NOT TO PLEAD NOT GUILTY BY REASON OF INSANITY
The defendant really wanted to plead not guilty by reason of insanity (NGI). But there wasn't any basis for the plea, so counsel refused to enter it. This is wrong. The client controls only a…
CALIFORNIA CRIMINAL DEFENSE: REQUIREMENTS FOR THE GANG ENHANCEMENT
REQUIREMENTS FOR THE GANG ENHANCEMENT California Penal Code sec. 186.22(b) is an enhancement for crimes done for a gang. There are two Ninth Circuit cases (Briceno, 555 F.3d 1069; Garcia, 395 F.3d 1099) which say…
CALIFORNIA CRIMINAL LAW: STRANGE CASE ON OBTAINING A FINDING OF FACTUAL INNOCENCE.
THE REQUIREMENTS NECESSARY TO OBTAIN A FINDING OF FACTUAL INNOCENCE This defendant won at preliminary examination. He then sought a finding of factual innocence (Penal Code sec. 851.8), which was denied. He appeals. Even a…
CALIFORNIA CRIMINAL LAW: TRIPLING LIFE SENTENCES? NO!
TRIPLING LIFE SENTENCES The defendant here got life without parole (LWOP); tripled! Hey, he had many strike priors. The Court of Appeal says that the strike law provides for doubling of determinate terms and the…