Who Is Eligible to File For a Domestic Violence Restraining Order and What Is the Process Like?
Who Is Eligible to File For a Domestic Violence Restraining Order and What Is the Process Like? Domestic violence restraining orders may be filed by married or registered domestic partners, spouses, significant others, former spouses and significant others, and cohabitants. Children who are 12 years of age or older can file a restraining order on their own. Domestic violence restraining orders may also be filed by someone else on…
Read MoreWhen the Victim Does Not Want to Prosecute
When the Victim Does Not Want to Prosecute We hear it all the time from domestic violence clients, “The case should be dismissed because my wife/girlfriend/husband/boyfriend will not testify against me!” Unfortunately, that is simply not how it works. If the “alleged victim” does not wish to testify, the prosecution will attempt to call the police officer to testify as to what he/she said to the police officer on…
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Can You Be Punished Twice For the Same Crime?
Can You Be Punished Twice For the Same Crime? The California Penal Code provides that a person who is convicted of multiple crimes for engaging in the same criminal act shall be punished under the provision that provides the longest potential term of imprisonment. (Cal Penal Code §654.) In determining whether a defendant has been convicted of multiple crimes for the same act, the court ignores the intent or objectives…
Read MoreWhat Evidence Does A Prosecutor Need To Charge You With Hit and Run? [20002 VC]
What Evidence Does A Prosecutor Need To Charge You With Hit and Run? [20002 VC] With so many cars on the freeways, streets, and roads every day, eventually there will be a moment where two or more vehicles try to occupy the same space at the same time. When these accidents happen, it is customary for both parties to stop, pull over and exchange insurance information. However, sometimes, one party…
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Can a Criminally Accused Person Invoke Their 5th Amendment Privilege Against Self-Incrimination?
Can a Criminally Accused Person Invoke Their 5th Amendment Privilege Against Self-Incrimination? Civil restraining orders are often filed concurrently with criminal charges or a criminal investigation. To protect against criminal liability the criminally accused may invoke their 5th amendment privilege against self-incrimination. It is well settled that the privilege against self-incrimination may be invoked in criminal or civil proceedings, but there is a difference in how the privilege is interpreted…
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AB3234 Provides Those Accused of Many Misdemeanors A New Diversion Option To Avoid Jail And A Criminal Record
AB3234 Provides Those Accused of Many Misdemeanors A New Diversion Option To Avoid Jail And A Criminal Record With the pandemic surging in numbers, coronavirus is still a concern in California prisons. The state’s justice system has implemented several protocols in response. One such response is the passing of AB 3234. Beginning January 1, 2021, California will now be able to take steps to ease overcrowding while expanding opportunities for…
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The Elderly Parole Program
The Elderly Parole Program If you know someone who is incarcerated and they are over 50 years old and they have served more than 20 years of their sentence in custody, they may be eligible for early release from custody through the Elderly Parole Program [AB 1448]. In 2020, the Legislature passed AB 3234, which was codified as Penal Code Section 3055. Under the old rule, to be eligible for…
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Can Police Enter a Home When They are Chasing a Person for a Misdemeanor?
Can Police Enter a Home When They are Chasing a Person for a Misdemeanor? The Fourth Amendment to the United States Constitution and article I, section 13 of the California Constitution protect against warrantless entry by police into a residence to seize a person, because this seizure is presumptively unreasonable and lawful absent exigent circumstances. However, exigent circumstances may arise when officers are responding to or investigating criminal activity, such…
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“Harmless Errors” By the Court May Not Affect the Verdict
“Harmless Errors” By the Court May Not Affect the Verdict People v. Schultz (2020) Defendant Michael Schultz (“Schultz”) was convicted of first-degree murder of Cynthia Burger (Penal Code § 187(a)) by a jury, finding true the special circumstance allegations that the murder was committed while Schultz was engaged in the commission of rape and burglary (PC § 190.2(a)(17)(C),(G)). After the penalty phase trial, the jury returned a verdict sentencing Schultz…
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If you were convicted under the Provocative Act Murder Rule you may not get relief under SB1437
If you were convicted under the Provocative Act Murder Rule you may not get relief under SB1437 On November 19, 2020, the California Court of Appeals affirmed (i.e. upheld) a prisoner’s murder conviction. The appellant in this case, prisoner Derrick Swanson, was involved in a robbery of a gas station in Long Beach, California in the 1990’s. After robbing the gas station attendant and firing a shot at the attendant…
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