The issue of getting a fair and impartial judge to hear your case is obviously important in every case. However, what can you do when you think the judge is prejudiced against you and your case? You could file a challenge to the judge pursuant to the Code of Civil…
If the state deports a key witness in your trial, your case could be dismissed. Two cases, People v Torres and People v Roldan, outline when this might happen. In December 2006, the state charged Juan Roldan with the shooting of Saba Barrera. Roldan allegedly shot Barrera three times due…
Under new legislation effective January 1, 2019, you could be eligible for diversion under Penal Code Section 1001.36. This new law allows those who suffer from a mental condition, such as bipolar or schizophrenia, when that mental disorder played a significant role in the commission of the charged offense, to…
If you’re charged with a misdemeanor crime in Orange County you may be eligible for a program that is currently being utilized by the Orange County District Attorney’s Office. This program is the Deferred Entry Of Judgement Program or DEJ. Not all misdemeanors are eligible but if yours is, or…
The internet is a powerful tool. It allows us to instantly look up the score of a game, figure out who was the 14th president of the US and find out how many miles away mars is. But is everything on the internet to be relied on? What if a…
New Rule of Professional Conduct RPC 5-110(D) Defense attorneys used to argue all the time with the prosecutors about whether or not they were required to turn over exculpatory evidence (evidence pointing towards innocence) they, the prosecutors, didn’t deem “material”. In other words, the prosecutor got to decide what would…
I have tried at least fifty cases that included a police officer who is called by the District Attorney as a “gang expert”. The gang expert always testifies that the crime committed by the accused was done for the benefit of his gang. This testimony occurs even when the crime…
For years the law in California was use of a gun in the commission of a felony meant a State Prison sentence if convicted. The consequences of gun use in commission of a crime went beyond just the fact that it made a State Prison sentence mandatory, it also meant…
Can prosecutors strike minorities from a jury simply because of their race? Since 1978 criminal attorneys in California have not been allowed to remove potential jurors from a jury simply because of their race. During voir dire, or jury selection, counsel on both sides have preemptory challenges and can remove jurors for…
So you find yourself on probation after working out a plea bargain with the District Attorney. Your lawyer and you have entered into a deal where you will spend 3 years on formal supervised probation. What does this really mean to you though? Being on probation is when you…