When a person is arrested in California for a felony, and some misdemeanors, he or she will be detained—most often at the county jail—until an arraignment before a judge. At the arraignment, the judge will set bail, or in some cases release the defendant on their own recognizance. Depending…
Articles Posted in Criminal
THE MAIN INGREDIENT IN ECSTACY, MDMA, APPROVED BY FDA FOR FURTHER STUDY IN THE TREATMENT OF PTSD
For almost as long as the federal government has harshly prosecuted drug use, researchers have been studying the psychologically beneficial effects of the very drugs that can land a person in prison. Clinical studies on both animals and humans have demonstrated the beneficial effects of many hallucinogenic drugs in…
NOT GUILTY BY REASON OF INSANITY PLEAS
INDEFINITE CONFINEMENT MAY ENSUE-NOT GUILTY BY REASON OF INSANITY PLEAS It is estimated that over 10,000 people who have never been convicted of a crime are incarcerated in the United States. The states, under various statutes, confine individuals to mental health facilities who are found not guilty by reason of…
ALTERNATIVE SENTENCING IN CALIFORNIA
Fire season is upon us and Firefighter Crew 13-3 is ready to swing into action. But Crew 13-3 isn’t the firefighting crew you imagine. Crew 13-3 is an inmate firefighting crew, stationed in Malibu, is one of many inmate crews stationed throughout California. You might be surprised to learn…
THE POLICE ARE WATCHING YOU
We cannot walk down our streets, drive our cars, or talk on our cell phones without these activities being caught by ubiquitous law enforcement surveillance. Use a cell phone and your location can be easily discovered. Similarly, the license plates of cars everywhere are being continuously scanned and registered…
POLICE CAUGHT PLANTING EVIDENCE
While Orange County law enforcement has been dealing with its own evidence scandals, what has been happening in Baltimore, Maryland rips open the suspicions some have expressed for many years about law enforcement tampering with or planting evidence. Thanks to police body cameras, we are now witness to what…
Making Sense of the California Statute of Limitations in Criminal Cases
We are all familiar with the term “statute of limitations” but what does it actually mean. In criminal law, it refers to the time in which a person can be prosecuted for a particular crime according to the statute (law). Each state has devises its own statutorily defined time…
THE DIMINISHED ACTUALITY DEFENSE
Perhaps you have heard of the “Twinkie Defense.” The term derives from the 1979 trial of Dan White, a former San Francisco Supervisor who, following a dispute with San Francisco Mayor George Moscone and San Francisco Supervisor Harvey Milk, shot and killed both men at the San Francisco City…
UNITED STATES SUPREME COURT TO DECIDE WHETHER A SEARCH WARRANT IS NEEDED FOR HISTORICAL CELL PHONE DATA
Sometimes a person arrested for a crime will swear he or she was nowhere near the location when the criminal incident took place., but the prosecution will allege otherwise…with evidence to prove it. That evidence: tracking of the defendant’s cell phone. Even if the defendant wasn’t using his or…
Anger Management Classes And Cases Involving Violence, Abuse Or Neglect
ANGER MANAGEMENT Many violent crimes have one common variable: anger. As a criminal defense attorney in Orange County, I have witnessed the role anger plays in violent crimes from domestic abuse to assault to murder. While most people are able to control their feelings of anger to some degree or…