People vs. Nieves: Death Penalty Sentence Overturned
People vs. Nieves: Death Penalty Sentence Overturned
In an opinion issued May 3rd, 2021 the California Supreme Court overturned the death sentence of a mother who was convicted of killing her 4 children due to misconduct by the court during the penalty phase of the case. The Guilt Phase and The Penalty Phase The United States Supreme Court has set a two-step procedure for death penalty cases where the jury must first determine whether a defendant is…
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Trevor Bauer: The Vague Line Between ‘Rough’ Sex & Sexual Assault
Trevor Bauer: The Vague Line Between ‘Rough’ Sex & Sexual Assault In recent news, Trevor Bauer has been accused of sexually assaulting a woman, with whom he was romantically involved. During a recent court hearing on July 23rd, a judge granted a temporary restraining order against Mr. Bauer. However, this is just the beginning of what is likely to be a very complicated legal matter to resolve. This article…
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District Attorney Wants to Raise Your Bail? How Hiring the Right Defense Attorney Can Save You Money & Peace Of Mind
District Attorney Wants to Raise Your Bail? How Hiring the Right Defense Attorney Can Save You Money & Peace Of Mind Upon being charged with a crime, it is a common tactic for the District Attorney (DA) to request that the bail be set at maximum or raised, which often requires you to stay in jail for a prolonged period of time. Luckily, hiring an experienced defense attorney can greatly…
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New Law Would Mean Prior Juvenile Strike Crime Convictions Could No Longer Be Used In Adult Court To Strike Out An Accused
New Law Would Mean Prior Juvenile Strike Crime Convictions Could No Longer Be Used In Adult Court To Strike Out An Accused For years, persons facing a strike crime in California as an adult could be facing 25 years to life if the prosecutor could prove that the person had 2 prior strikes. Until now, one or both of the prior strikes could have been convictions that the person pleads…
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Restitution Key to Getting Misdemeanor Plea Deal in Felony Grand Theft Case
Restitution Key to Getting Misdemeanor Plea Deal in Felony Grand Theft Case Negotiating favorable plea deals is an artform. The defense attorney must balance the interests and desires of their client while navigating the realities of the facts of the case and the evidence at hand. Each type of criminal offense has a specific strategy a defense attorney must utilize to obtain the best possible plea deal. For example, we…
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California Defendants Accused of Crimes Often Wait Years Before Their Day in Court
California Defendants Accused of Crimes Often Wait Years Before Their Day in Court Thousands of people in California have been sitting in jail for over 3 years while they wait for their day in court, some of them are possibly completely innocent of the crimes they are accused of. The 6th Amendment to the United States Constitution states that “in all criminal prosecutions, the accused shall enjoy the right…
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In re Viehmeyer: Can a Person Be Eligible For Early Parole Under Prop 57 if She is Convicted of Violent and Non-violent Felonies?
In re Viehmeyer: Can a Person Be Eligible For Early Parole Under Prop 57 if She is Convicted of Violent and Non-violent Felonies? In 2002, Viehmeyer was pulled over in Santa Ana, California for making an illegal “U-turn” and while running the plates, the officer found the vehicle was reported stolen. Viehmeyer got out of his car and began running from the police. While running, Viehmeyer pulled out a gun…
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Your Fourth Amendment Rights May Protect You From Government Intrusion When At Your Home
Your Fourth Amendment Rights May Protect You From Government Intrusion When At Your Home The Supreme Court ruled in a case upholding a citizen’s Fourth Amendment rights in a recent case of Lange vs California, in which police officers entered a person’s garage and cited him for driving while intoxicated. In the case, Lang was followed home by a California Highway Patrol officer because he was playing loud music on…
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IF SOCIAL WORKERS TAKE YOUR CHILD, CAN THE COURT DENY YOU ALL VISITATION WITH YOUR CHILD?
IF SOCIAL WORKERS TAKE YOUR CHILD, CAN THE COURT DENY YOU ALL VISITATION WITH YOUR CHILD? The sad answer to this question is YES that in some cases the court can issue an order that you be denied all visitation with your child. The general rule is that if your child is taken from you by a social worker the court must order visitation “unless doing so would jeopardize…
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WHEN CAN YOU REQUEST MENTAL HEALTH DIVERSION?
WHEN CAN YOU REQUEST MENTAL HEALTH DIVERSION? Penal Code §1001.36 allows the judge to grant diversion to a defendant, however, it is silent as to when the defendant must request they be placed in a diversion program. Generally, a diversion program is considered a pre-trial issue that can prevent the case from even going to trial. However, as recently as March 2, 2021, the Third District Court of Appeals determined…
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