The People v. Anatoly Smolkin

child molestation punishment

The People v. Anatoly Smolkin

There was an interesting criminal case that made its way to the appellate courts in northern California in May 2020 in Solano County. Penal Code 69 The issue, in this case, was whether the appellant’s conviction under PC 69 was constitutional. Under Penal Code 69, a defendant can be convicted of a crime where they Willfully and unlawfully used violence and/or threats of violence to try to prevent an executive…

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Veteran’s Treatment Court & COVID-19

What is Veteran’s Court? Veteran’s Court is a collaborative, problem-solving court designed to offer treatment intervention rather than incarceration to defendants charged with misdemeanors or felonies, who have served in the U.S. Armed Forces and are experiencing treatable behavioral, psychological or substance abuse problems. The program is a minimum of 18 months long and involves ongoing judicial supervision and intensive probation supervision with input from a multi-disciplinary team of professionals…

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Students Accused of Misconduct Get New Legal Rights to Defend Themselves

New Title IX Regulations The Department of Education recently released its new Title IX regulations, which restore critical due process protections to campus sexual misconduct proceedings.  Education Secretary Betsy DeVos issued final rules for how public and private schools and colleges must address allegations of sexual misconduct, locking in protections for accused students and faculty but tempering earlier proposals that critics said would harm victims of assault and harassment. The…

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California Court of Appeals Finds that Requiring Probationer to Surrender Electronic Devices to Search at Any Time was Burdensome and Intrusive

Probation Restrictions Many people might be surprised to know that a judge cannot simply impose any restriction or condition simply because they are on probation. Probation is a condition placed on a defendant following a criminal conviction. This condition allows the client to serve little to no jail while under the supervision of the court (misdemeanor or summary probation) or a probation officer (felony probation). While under probation, the court…

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How Your Attorney May Prevent Any Charges from Being Filed Against You

Most people believe you only need a lawyer if you have already been arrested, but sometimes it is best to be proactive and get an attorney before you find yourself in trouble with the law. If you believe you are under investigation for a possible crime, or that you might be facing an arrest soon, an experienced Southern California criminal defense attorney might be able to convince the prosecutor to…

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New Law Can Help Those Accused of Crimes Access Police Officer Records to Help Them Win Their Case

 That’s not what happened! The police officer is lying! That’s not what I said!  Many people accused of crimes are surprised to learn of what police officers said they said or things they did following their arrest and charges filed against them. The accused becomes frustrated not only with being accused of a crime but because they feel that they have little or no power over who will the prosecutor,…

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5 Inconvenient Things about Life with an Arrest Warrant

In California, a warrant for your arrest can limit your freedom. You can lose your ability to travel by plane, drive a car, or collect from a government assistance program. This can keep you from going to work or school, applying for a job, or even just carrying out your daily life. Whether the warrant is for a misdemeanor or a felony, a bench warrant for a probation violation, or…

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Can My Children Be Taken Away if I Smoke Marijuana?

As we all know smoking marijuana or consuming marijuana as an “edible” is now legal in California. This is great news for all adults who enjoy using marijuana in one of many of its forms. However, what about for parents of young children? Can their children be taken away because they use marijuana? The answer to that question is it “depends”. Court's Ruling A recent Court of Appeals decision from…

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not guilty

District Attorneys Challenging Inmates Released Under No Bail Order

On March 19, 2020, California Governor Gavin Newsom issued a “stay-at-home” order for the state of California for the purpose of preventing the spread of the highly contagious coronavirus. California’s judicial branch quickly followed suit. On April 6, 2020, California Supreme Court Chief Justice Tani G. Cantil-Sakauye issued a statewide order suspending all jury trials in California's superior courts for 60 days and allowed courts to immediately adopt new rules…

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Your Good Conduct in Custody Can Now Satisfy “Honest and Upright Life” Requirement for Expungements [Penal Code section 1203.4a(a)]

Does a criminal defendant’s subsequent good conduct while serving in custody time count as rehabilitation for expungement purposes per Penal Code section 1203.4a(a)?   That’s precisely the question the California Supreme Court sought to answer in their recent review of a trial court’s denial of a criminal defendant’s expungement in People v. Maya (S255371).  People v. Maya In this case, Misael Maya was sentenced to prison without probation after pleading guilty…

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