California Penal Code Section 1001.95 allows Judges to grant diversion to misdemeanor defendants. Diversion basically means that there is an alternative procedure available for the Defendant. In some cases, it could mean your charge could get dismissed entirely, or you could be required to complete a program and check back to have your arrest record…
Generally speaking, taking possession of someone else’s money or belongings is a one-way ticket to our free initial consultations, but this case stands out. An officer of the law is held to the highest standards, and breaking that trust with the community gets you front and center of the local headlines, such as this one…
There’s hardly a person with a smartphone who has not seen a video or discussion about what happened at the 2022 Academy Awards. But besides the viral memes of the public slapping incident, the one thing everyone has been asking is whether or not Will Smith could be officially prosecuted for his actions? Let’s break…
An Expungement can be found under PC 1203.4. An expunged allows a person convicted of a crime, who is not sentenced to State Prison, to be able to go back into Court, and Petition for a Judge to now dismiss your case. Then, on your record, your conviction will now show as “Dismissed Pursuant to…
“Super Strikes” are very serious felonies such as murder, rape, and assault with a deadly weapon on a police officer, that make you ineligible for some recent changes in sentencing and re-sentencing laws applicable to the “Three Strikes Law”. The “Super Strikes” are listed in PC 667(e)(2)(c)(iv), and are far fewer than the “Strikes” listed in PC 667.5(c) (known…
In 2011, due to the overcrowding jail problem in California, a new law was passed under PC 1170 that aims to reduce the prison population. Under PC 1170, Judges are now given the power to suspend or split a prison sentence for a person convicted of a crime that would otherwise simply be sentenced to…
A preliminary hearing is a part of a felony case in the state of California. A preliminary hearing happens when both the prosecution and defense, are unable to reach a plea bargain to resolve the criminal case, and therefore the case must move toward a Jury Trial. A preliminary hearing is essentially a mini-trial on…
In California, there are several ways in which a person can lose their 2nd Amendment Right under the United States Constitution to bear arms. A person convicted of any felony offense in California receives a lifetime ban from ever owning or possessing a firearm. People convicted of certain crimes, such as Domestic Violence or Domestic…
A Serna motion is a motion that your attorney can file to have your criminal case dismissed. This motion is filed and argued if your speedy trial rights have been violated. Generally, a person has the right to have their jury trial soon after they are arrested, charges are filed, or if there is a…
Miranda Rights are found to be within the 5th Amendment to the United States Constitution, but they stem from the famous criminal case, Miranda v. Arizona. These are called “rights”, but in essence, it’s a right to be given the warning below. The essence of this right is that you, as a private citizen cannot…