How Can a Lawyer Reverse Your Manslaughter Conviction | The Case of Adora Perez
How Can a Lawyer Reverse Your Manslaughter Conviction | The Case of Adora Perez
How Can a Lawyer Reverse Your Manslaughter Conviction | The Case of Adora Perez In the mulling case of In re Perez, the court considers the issue of whether California’s murder statute allows for the prosecution of women whose babies are stillborn as a result of the mother’s illegal drug use. In 2017, Ms. Perez suffered a stillbirth, meaning her unborn child died while still in the womb, at a…
Read MoreConvictions of Misdemeanor or Felony Domestic Violence in California End Your Federal Right To Bear Arms
Convictions of Misdemeanor or Felony Domestic Violence in California End Your Federal Right To Bear Arms The Second Amendment to the United States Constitution protects your right to keep and bear a firearm. A conviction for felony domestic violence in California strips you of this right unless, under limited circumstances, you are pardoned or have your conviction expunged. In addition, a conviction for misdemeanor domestic violence will mean that under…
Read MorePeople v. Reynoza: Dissuading A Witness
People v. Reynoza: Dissuading A Witness Many people find themselves charged with improper crimes due to the prosecutor misconstruing or attempting to broaden the definition of certain legal language to convict someone of something when they are grasping at straws to find a sufficient charge. The case of People v. Reynoza is such a case where a defendant in a firearms possession case who had already been charged was…
Read MoreThe Difference Between Domestic Violence and Battery
The Difference Between Domestic Violence and Battery It is easy to get confused about certain terms in the law. For example, many people find it difficult to tell the difference between the crimes of “battery” and “domestic battery.” Battery is a general category of crime that can include specific types of domestic violence. California Penal Code Section 242 defines battery as any willful and unlawful use of force or violence…
Read MoreAB 1228: Own Recognizance Release for Probation Violations
AB 1228: Own Recognizance Release for Probation Violations Assembly Bill 1228, a newly-enacted law, addresses the issue of bail and own recognizance release for people who are taken into custody for probation violations. This law applies to both formal and informal probationers. Existing law provides that a peace officer may take a probationer into custody without a warrant or other formal process on probable cause that the probationer is violating…
Read MorePeople v. Sanchez (2022): Amended Laws Resulting in Reversed Convictions
People v. Sanchez (2022): Amended Laws Resulting in Reversed Convictions The California Court of Appeals reviewed the issue of whether the natural and probable consequences doctrine can prove an accomplice committed attempted murder relative to Senate Bill 775, which amended section 1170.95 of SB1437 in People v. Sanchez. In Sanchez, Mr. Sanchez was at a local park with his family when he was confronted by four men. The men threatened…
Read MoreSelf-Defense in Domestic Violence Cases
Self-Defense in Domestic Violence Cases If you have lived with a significant other, you know that arguments can begin over the smallest little things. Last year, a 50-year-old woman was charged with a felony assault after she stabbed her 61-year-old boyfriend with a pen because he ate all the salsa.1 Another woman stabbed her boyfriend in a fight over the air conditioning in their hotel room.2 So, if this happens…
Read MoreHow Newly Discovered Evidence Can Be Raised While Your Case Is On Appeal
How Newly Discovered Evidence Can Be Raised While Your Case Is On Appeal Let’s say you are a defendant in a criminal case. You believe the charges against you are wrong, the allegations are false, and you proceed to a jury trial to prove your innocence. You are hoping for the best, but prepared for the worst. Your attorney presents evidence and you might even choose to testify on your…
Read MoreMan Charged With Vehicular Homicide After Starting Chain-Reaction Of Collisions
Being involved in a fatal accident is a serious matter. Depending on the circumstances you can be charged with vehicular homicide as a misdemeanor, as a felony, or a more serious charge such as second-degree murder. If you are convicted of any of these charges you can spend a significant amount of time in jail. Recently, an Orange County jury found a 26-year-old Las Vegas man guilty of second-degree murder…
Read MoreBIG Break For Those Facing Serious Jail Time In California
Governor of California signs new law allowing judges to dramatically lower potential sentences for those facing serious crimes A new law signed into law by Governor Newsom (Senate Bill 81) mandates judges to dismiss certain sentence enhancements if the court finds that it is in the interest of justice to do so. District Attorneys regularly file “enhancements which are capable of adding in some cases decades of additional mandatory punishment…
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