What duty does an attorney owe to their client?
What duty does an attorney owe to their client? In the U.S. Constitution, the Sixth Amendment guarantees a criminal defendant the right to an attorney for assistance with their defense. To supplement that law, Rule 1.1 of Professional Responsibility states that “a lawyer shall provide competent representation to a client”. The client-lawyer relationship is extremely important, and lawyers owe a duty to their clients to provide zealous representation. When that…
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Changes to the Felony Murder Statute in California SB 1437
Changes to the Felony Murder Statute in California SB 1437 In 2018, the Legislature enacted Senate Bill No. 1437, which amended the felony murder statute to read that a defendant is only guilty of felony murder if he: actually killed the victim, directly aided and abetted or solicited in the killing, or otherwise acted with the intent to kill; or was a major participant in the underlying felony and acted…
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Can a Woman Be Charged For Murder For Overdosing on Methamphetamine in California?
Can a Woman Be Charged For Murder For Overdosing on Methamphetamine in California? Recently, the question confronting courts is whether the use of meth by a pregnant woman is reckless and deliberate enough to elevate the death of a fetus from manslaughter to murder? And if it is, does such a charge of murder create a slippery slope against other actions that may be considered ‘reckless and deliberate’ enough…
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In California, the Mere Presence of Lawfully Possessed Marijuana in a Vehicle Does Not Provide Probable Cause for Police to Search the Vehicle
In California, the Mere Presence of Lawfully Possessed Marijuana in a Vehicle Does Not Provide Probable Cause for Police to Search the Vehicle The Fourth Amendment to the U.S. Constitution provides the people have a right to be secure in their person, houses, possessions, and papers and that the government (i.e., police officers) cannot conduct a search or seizure, absent probable cause and the issuance of a warrant. However, there…
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California Penal Code 1170.95 Empowers Anyone with a Felony Murder Charge to Shorten Their Sentence
California Penal Code 1170.95 Empowers Anyone with a Felony Murder Charge to Shorten Their Sentence On September 30, 2018, the California Legislature passed Senate Bill No. 1437, which became effective January 1, 2019. This bill made changes to felony murder and murder under a natural and probable consequences doctrine. Before Senate Bill No. 1437, defendants could be charged with murder even if they were not the actual killer, did not…
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UPCOMING CHANGES TO PROBATION IN CALIFORNIA
UPCOMING CHANGES TO PROBATION IN CALIFORNIA 2021 will bring about many changes much needed changes to our criminal justice system. One of these changes is California Assembly Bill 1950 [AB 1950]. AB 1950 changes the existing law to set the maximum term of probation for most misdemeanor cases to one year and the maximum term of probation for most felony cases to two years. What Is Probation? After being convicted…
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What is the Right to Waive a Jury Trial?
What is the Right to Waive a Jury Trial? In criminal prosecutions, the defendant may decide whether he or she would like to waive the right to a jury trial. Should the defendant choose to waive this right, the defendant will have what is called a bench trial that is conducted by a judge alone. Sometimes, the court may find a defendant incompetent to waive his or her right to…
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When is it a Crime to Encourage Someone Not to Report a Crime?
When is it a Crime to Encourage Someone Not to Report a Crime? Not surprisingly, it is a crime to dissuade someone from testifying against you in court. In addition, the law states that “every person who attempts to prevent or dissuade someone who has been the victim of a crime or who is witness to a crime from making any report of that victimization to a peace officer is…
Read MoreCOVID-19 is Not an Excuse: Courts Must Hold Preliminary Hearings Within 60 Days of Arraignment
COVID-19 is Not an Excuse: Courts Must Hold Preliminary Hearings Within 60 Days of Arraignment The question before the court in Lacayo v. Superior Court was whether there were such “extraordinary circumstances” presented by the COVID-19 global pandemic to justify “good cause” for continuance of the defendant’s preliminary hearing beyond the 60-Day Rule. On February 24, 2020, Defendant Kareem Lacayo (“Lacayo”) was arraigned on charges for possession of a firearm…
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Can My Accomplice Testify Against Me In Court?
Can My Accomplice Testify Against Me In Court? What is an Accomplice? An accomplice is one who aids, abets, or encourages another person to commit a crime with the intent that the crime be committed. See California Penal Code § 31. Navigating Accomplice Testimony in California In a criminal prosecution, the district attorney’s office can charge someone as an accomplice to a crime when that person aids, abets, or encourages…
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