New Law Allows Drug Convictions to be Invalidated for Some Defendants

Shredded paper closeup background

As of January 1, 2016, California law provides that the deferred entry of judgment statute (Penal Code section 1000, et.seq.) misinformed defendants, including all non-citizens, about the consequences of the guilty plea. Consequently, these convictions are deemed legally “invalid.” This change will benefit non-citizens because federal immigration law does not recognize …

Recent Successful Case Result: High Profile Arrest to High Profile Exoneration

This matter involves an arrest for alleged sexual violence alleging sexual assault, forced oral copulation, and false imprisonment. An intensive investigation by the defense lead to no criminal charges, and then we successfully litigated against the University that threatened to discipline the defendant. This case is among the first successful …

Recent Successful Case Result: Vehicular Manslaughter, Felony Driving Under the Influence of Alcohol

iStock_000020422549_Small

This matter involved complex, intensive litigation over 3.5 years, 2 preliminary hearings, a dismissal for failure to disclose Brady evidence, a lengthy trial, and a double jeopardy motion granted. Charges were dismissed multiple times. On February 8, 2015, a trial judge ended a tortuous 3 year 7 months battle in …

Discretionary Sex Registration upheld by California Supreme Court

In  Apprendi v. New Jersey (2000) 530 U.S. 466 the Supreme Court established that a criminal defendant generally has the Sixth Amendment right to a jury determination, beyond reasonable doubt, of any fact that increases the penalty for a crime beyond the prescribed statutory maximum. Today, the California Supreme Court …

Supreme Court continues to protect the Fourth Amendment

The United States Supreme Court pronounced yet another opinion safeguarding a person’s expectation of privacy, this time with respect to detentions occurring after a motor vehicle stop. The Court ruled that the police may not prolong traffic stops to allow a drug sniffing dog access to the vehicle. In Californian, …

California Student Disciplinary and Title IX Proceedings

A student has procedural rights enshrined in the state and federal constitutions, Title IX and Department of Education regulations, and the Civil Code, to challenge the evidence supporting allegations of misconduct and to present relevant evidence to the Title IX investigator before the university concludes its investigation and decides on …

What Is the Punishment for the Possession or Sale of Xanax in California?

In California, the possession or sale of a controlled substance is illegal. When many people think of a “controlled substance” they envision drugs such as heroin or cocaine; however, prescription drugs are every bit as illegal when possessed or sold without a prescription in California. One drug that is commonly …

Do the Police Always Need a Warrant to Search Your House?

At some point in your life you may find the police at your door asking to search your home. If this is not the first time you have answered the door to the police you may already know how to handle the situation. If, however, you have never been the …

Can I Terminate My Probation Early in California?

If you were convicted of a criminal offense and sentenced to serve a period of time on probation as a result in California you are likely counting the days until your probation is over. You may also be wondering “ Can I terminate my probation early in California? ” The …

Violating a Protective Order in California

In the State of California a protective order may be issued upon the request of an alleged victim or by a court as a condition of a defendant’s release while criminal charges are pending. If a protective order has been issued against you it is imperative that you abide by …