How Do Prosecutors Prove Hate Crimes?
How Do Prosecutors Prove Hate Crimes? What Are Hate Crimes? California Penal Code Section 422.55 defines a hate crime as a criminal act committed because of an actual or perceived characteristic of the victim, such as the victim’s disability, gender, nationality, race or ethnicity, religion, or sexual orientation. Hate crimes can have an especially devastating effect because they send a message of intolerance and instill fear in the community that…
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Can My Children Be Taken Away if I Smoke Marijuana?
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…
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New Case Helps in the Fight against Felony Murder Convictions
New Case Helps in the Fight against Felony Murder Convictions The fight to change California’s felony murder rule continues, but those in favor of changing it have gotten a powerful new ally. A recent case in the California Court of Appeal has reversed the first degree murder conviction of Ricky Lee Cobbs based on a new law that changed the felony murder rule. The Facts of In re Cobbs Cobbs…
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Penalties for Possessing a Gun after a Felony Conviction (PC 29800)
Penalties for Possessing a Gun after a Felony Conviction (PC 29800) If you are convicted of a felony offense, you will likely lose your Second Amendment right to keep and bear arms. So, what happens if you have been convicted of a felony and you are found to be in possessing of a firearm? Felon with a Firearm Laws in California (PC 29800) In to be convicted of illegal possession…
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Are Felony Convictions Public Record?
Are Felony Convictions Public Record? One of the most common questions our attorneys receive is “will my felony conviction show up on my public record?” There are many forms of this question, but the answer is always the same. A felony conviction can follow you around for the rest of your life, making it difficult to find and keep a job, become certified as a professional in your field, or…
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You Can’t Be Convicted of a Crime Unless All of the Elements are Proven (VC 2800.2)
You Can’t Be Convicted of a Crime Unless All of the Elements are Proven (VC 2800.2) In order to convict you of a crime, the prosecution must prove that all of the elements of the crime were met. If just one of the elements of the crime for which you are accused is not met, then you cannot be convicted of that crime. So what happens if you are convicted…
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Fees, Fines, and Freedom: The Cost of Being Convicted of a Crime
Fees, Fines, and Freedom: The Cost of Being Convicted of a Crime There is an old saying in criminal justice: “If you can’t do the time, don’t do the crime.” While it is certainly true that a criminal conviction can come at the high price of your freedom, imprisonment is far from the only cost you can expect to pay if you are convicted of a crime. Many people facing…
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