People v. Pomar | You May Be Able To Prevent The Entire DA's Office From Prosecuting You
People v. Pomar | You May Be Able To Prevent The DA From Prosecuting You The concept of conflicts of interest is not new in the legal world. This is especially true in criminal trials where the stakes are high. A conflict of interest occurs when someone's personal interests or bias interferes with their ability to make impartial decisions that align with their professional obligations. However, as Pomar illustrates, one…
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Federal Judge Blocks California Law Restricting Handgun Sales
Federal Judge Blocks California Law Restricting Handgun Sales Last Monday, a federal judge in Orange County blocked parts of a California law restricting the sale of new handguns in the state, ruling the provisions to be unconstitutional. Below, we explain California’s current requirements for new handguns and the challenges to these laws. What Are California’s Requirements for New Handguns? In California, new handguns must meet certain requirements under the Unsafe…
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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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8,000 California Inmates Could be Released by August—Are you or your loved one eligible?
8,000 California Inmates Could be Released by August—Are you or your loved one eligible? As we mentioned at the beginning of the pandemic in California, the state’s justice system has implemented unprecedented protocols in an attempt to quell the surge in COVID-19 cases among incarcerated inmates by releasing 3,500 California inmates within 60 days. The Los Angeles Times reported on July 10, 2020—that as many as 8,000 California prisoners…
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When is Defense of Others a Valid Legal Defense to Criminal Charges?
When is Defense of Others a Valid Legal Defense to Criminal Charges? In California, it is legal to use force to defend another person. This means defense of another may be a valid legal defense to criminal charges such as assault or battery. However, certain elements must be true to be considered legal self defense. Those elements are: You reasonably believed that another person was in imminent danger of suffering…
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Can You Be Tried for the Same Criminal Charges More Than Once?
Can You Be Tried for the Same Criminal Charges More Than Once? Many people who are facing a criminal charge are told by their lawyer that if they go to a jury trial, they cannot be found guilty if just one out of the twelve jurors votes “not guilty.” While that statement is true, what persons accused of crimes do not realize is that the same is true for a…
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Is Indecent Exposure a Misdemeanor or a Felony? (PC 314)
In California, the Mere Presence of Lawfully Possessed Marijuana in a Vehicle Does Not Provide Probable Cause for Police to Search the Vehicle Under California Penal Code Section 314, indecent exposure is defined as exposing your genitals for a sexual purpose in a public setting where it would be considered a lewd act to do so. In order to convict you of indecent exposure, the prosecution must prove: You willfully…
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10 Steps You Need to Take if You are Charged with a Felony
10 Steps You Need to Take if You are Charged with a Felony Regardless of what crime you are charged with, a felony is an extremely serious matter. If you are convicted of a felony, you are likely facing prison time, fines, and penalties that will punish you well after you have served your time. To have a chance to avoid these serious felony consequences, you need to take the…
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Can You Face Criminal Charges for Threats on Facebook? (PC 422)
Can You Face Criminal Charges for Threats on Facebook? (PC 422) If you make criminal threats to someone in California, there is a good chance that you will face criminal charges. But what if those threats were made behind a computer screen on social media? Can you face criminal charges for threats on Facebook? The answer is yes. Making Criminal Threats (PC 422) Under California Penal Code Section 422, it…
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When is Hit and Run a Felony in California? (VC 20001)
When is Hit and Run a Felony in California? (VC 20001) When you cause a vehicle collision, it can be very scary. For some people, the easiest way to deal with this is by driving away. However, you should never leave the scene of a car accident. If you do, you could face hit and run charges under California Vehicle Code Section 20001. In certain situations, you could face felony…
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