Government Planes Harvesting Cell Phone Communications over San Diego?

A recent article published by the news website BuzzFeed prompted my curiosity as to whether the government is using cell tower spoofing devices attached to aircraft in the skies over San Diego. A derivative article in the Union Tribune failed to sate my curiosity.  On Linkedin, I posted an in …

Collateral Consequence Relief from Drug Diversion for Licensed Professionals

This article is published on my Linkedin profile relating to misinformation” promulgated under Penal Code section 1000.4 that indicates that “successful completion of deferred entry of judgment shall not be used in any way that could result in a denial of employment, benefit, license, or certificate.” We know that noncitizen defendants …

Recent Successful Case Result: DUI Dismissed for Illegal Stop

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This case involved a client alleged to be DUI with a prior and while on probation, with a high blood alcohol level. The case was dismissed for the unlawful detention of my client, the driver. Law enforcement received a report that led to my client being stopped at about 3 …

New Law Allows Drug Convictions to be Invalidated for Some Defendants

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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

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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 …