Before he resigned as Health and Human Services Secretary, Tom Price created a bit of an uproar over comments about medication-assisted treatment for opioid addiction. It was reported that former Secretary Price stated that providing drugs that reduce craving for opioids is just replacing one opioid for another. To…
California Criminal Defense Lawyer Blog
IDENTICAL TWINS ALLEGED TO HAVE BURGLARIZED COSTA MESA COIN SHOP
Police may have done a double take when they arrested two men for allegedly breaking into a rare coin and bullion shop in Costa Mesa. The two men, with almost the same name—Jamal and Jamel—look like the same person. That is because they are identical twins. The two 42-year…
PROSECUTORS ARE REQUIRED TO GIVE THE DEFENSE ALL EVIDENCE, INCLUDING EVIDENCE THAT MAY BE FAVORABLE TO THE DEFENDANT.
When a person is charged with a crime, the prosecution is bound by law to provide all the evidence supporting the charge or charges, including evidence that might exonerate the defendant. Evidence that is favorable to the defendant is called “exculpatory evidence” and back in 1963, the United States…
CRIMINAL JUSTICE REFORM IN CALIFORNIA
A little over 20 years ago, the Violent Crime Control and Law Enforcement Act of 1994 was passed by an act of Congress. The act was precipitated in part by the increased attention to violent crime including street gang violence and mass shootings. The bill was introduced by the…
SWEEPING PRETRIAL DETENTION/BAIL REFORM RECOMMENDATIONS TO THE CALIFORNIA CHIEF JUSTICE
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…
NEW CALIFORNIA LAW HELPS THOSE WHO WERE ARRESTED BUT NOT CONVICTED GET THEIR RECORD SEALED
Sometimes a person is arrested for a crime they did not commit. In the nightmare scenario, they are charged and maybe even convicted. But often the prosecutor declines to prosecute or, if charged, the charges are dismissed or the person is acquitted. For example, say you are at a…
NEW CALIFORNIA LAW ALLOWS JUDGES TO STRIKE FIREARM SENTENCING ENHANCEMENTS
Under California Penal Code section 12022.5, when a person uses a firearm during the commission of a felony, he or she will almost certainly be charged not only with the felony conduct but also with an enhancement for the use of the firearm. The firearm need not be engaged…
REFORM OF THE CALIFORNIA SEX OFFENDER REGISTRY LAWS
California’s sex offender registry currently lists over 100,000 sex offenders. The registry has a long history; it was first employed (although not in its current form) 70 years ago. It is estimated that around 650 registrants on the list today were first registered in the 19040’s and 50’s. Since…
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…