Legislation recently signed into law by Governor Newsom will make certain previously convicted individuals automatically eligible for the dismissal of their conviction when four years have passed since the completion of their sentence. This new law makes many Penal Code section 1203.4 petitions for expungement automatic rather than requiring filing…
Those of you who are old enough will no doubt remember the slow-motion Los Angele Police Department pursuit of O.J. Simpson’s Ford Bronco in June of 1994. The “chase” (if you can call it that) lasted approximately two hours and covered 60 miles, mostly on the 405 after he became…
Issuance and execution of a search warrant has been in news this summer. You have probably read a few articles that mention the standards for the issuance and execution of a search warrant. Foundational to the validity of a search warrant is that the warrant must establish probable cause for…
Our country continues to witness an increasing mental illness. Studies demonstrate growing percentages of depression, suicide ideation, substance abuse, and our own observations cannot deny the growing rates of homelessness. Inmate populations have swelled and research finds a direct correlation between the increasing mental health crisis in this country and…
This is a true story. Martha M., a 72-year-old widow, was charged with murder. She became a widow when her husband, who was suffering and in great pain with terminal cancer, died. Her husband’s death is how she came to be charged with the crime. You see, she gave him…
There has been quite a bit in the news about crime in California. Many of the reports are alarming. But what do the data actually say? The California Attorney General’s office (AG) recently released its criminal justice statistical report for 2021. Yes, crime did increase in California last year. But…
Most people are vaguely aware that the court may order a direct restitution payment to the victim of a defendant’s criminal conduct. In fact, criminal restitution is almost always mandated by law when the victim suffers an economic loss due to the defendant’s criminal act(s). Direct restitution is not ordered…
There is a very important concept in the application of criminal law: Intent. Most criminal acts require an element of intent, otherwise the act is generally one of negligence. (Some crimes, while not requiring intent, are criminal because the conduct was criminally negligent, but that is not the subject of…
As a very general rule, but with a lot of exceptions, a peace officer may not effect a warrantless arrest on a person who is believed to have committed a misdemeanor if the crime was not committed in the officer’s presence. This is often referred to as the “In the…
A conviction of first-degree burglary requires evidence that the defendant entered certain structures with the intent to commit a theft or a felony. The structure must be one for which the purpose is habitation, even if not currently occupied, for example, a house, an RV, or a houseboat. Sometimes the…