PENAL CODE SECTION 1170 MAY OFFER RELIEF TO THOSE JUVENILES CONVICTED TO LIFE WITHOUT PAROLE I previously discussed the 2012 United States Supreme Court case, Miller v. Alabama, 567 U.S. ___ , wherein the Supreme Court held that mandatory sentencing laws carrying life without parole were unconstitutional for juvenile offenders convicted of…
California Criminal Defense Lawyer Blog
HIGH SPEED POLICE CHASE IN GRANDMA’S CAR
On a recent afternoon, a Texas grandmother discovered that her two granddaughters, aged 12 and 5, were missing from her home. Her car was missing too. Imaging the worse—that her granddaughters have been kidnapped from her home and forcibly taken in her car by the kidnapper—she called 911 to…
California Law Regarding Murder
SISTER ACCUSED OF MURDERING HER TWIN WHEN SHE DRIVES BOTH OF THEM OFF A CLIFF A woman was driving her vehicle in Maui with her twin sister sitting in the passenger seat. Witnesses said they observed the two sisters arguing in the car while the car was stopped and that…
Can I Be Held Criminally Responsible For the Actions Of My Pet?
YOUR PET CAN SEND YOU TO PRISON You could be charged for a crime your animal “commits.” Okay, animals can’t commit crimes but this is serious stuff. If your dog attacks a person or worse yet, kills someone, you can be facing some very serious criminal charges. But it needn’t…
White Collar Crimes in California
“OPERATION SPINAL CAP” Many people think of crimes as acts of violence that causes harm to others, but there is probably just as much harm done by white-collar criminals—and sometimes these criminals are even wearing a white coat. Consider the scheme involving numerous doctors, hospital administrators (including a hospital CEO…
MAN WISHES FOR HOT TUB TIME MACHINE, GETS JAIL IN ANAHEIM, CALIFORNIA
Police Chase Suspect Into Backyard Hot Tub A 29-year-old Anaheim man was arrested after Placentia police chased him into an Anaheim neighborhood and then discovered him hiding in a hot tub in the backyard of a residence. The incident began around 5:00 a.m. when police attempted to pull over an…
What To Do If I Am Arrested In California
THE FIRST RULE TO FOLLOW AFTER AN ARREST: REMAIN SILENT EXCEPT TO REQUEST AN ATTORNEY There is a scene in the Showtime series “Billions” where one of the characters is arrested by the F.B.I. for financial fraud. As he is read his Miranda rights and led away in handcuffs, he…
Know Your Rights Regarding A Stop and Frisk Detention
THE TERRY STOP – “STOP AND FRISK” DETENTION You’ve seen it in the movies and on TV shows: The police approach a person on the street or tell them to get out of a vehicle after a traffic stop and command the person to submit to a frisk. In my…
WHAT ARE MY RIGHTS WHEN POLICE WANT TO QUESTION ME IN CALIFORNIA
YOUR RIGHTS WHEN THE POLICE STOP AND QUESTION YOU If a police officer stops you in a public place and begins asking you questions, what rights do you have? (Note that this post does not apply to a DUI stop. For information on your rights if you are stopped for…
California Prison Population
WHY ARE SO MANY PEOPLE LOCKED UP IN THE UNITED STATES? In last week’s post, I discussed the high prison population in the United States relative to other countries. According to all available statistics, the U.S. leads the world in the incarceration of its population per capita. This statistic paints…