How Your Sentence Can Be Affected by Gang Affiliation PC 186.22
How Your Sentence Can Be Affected by Gang Affiliation PC 186.22 Sentencing for a felony depends on a number of factors that range from the court’s discretion to the level of violence involved in the felony. In California, sentencing can be enhanced to include a greater punishment if it is found you were involved with a gang when you committed a felony offense. The History of Penal Code 186.22 In…
Read MoreCan Police Search Your Car During an Unlawful Traffic Stop?
Can Police Search Your Car During an Unlawful Traffic Stop? Legally, police officers must have probable cause to pull over drivers. Without probable cause, charges cannot be brought and any evidence collected during the stop cannot be used in a court of law. However, a recent Supreme Court ruling may allow police who misunderstand the law to bypass probable cause. The United States Supreme Court recently ruled that there are…
Read More7 Unusual Criminal Defenses that Actually Worked
7 Unusual Criminal Defenses that Actually Worked Every once in a while, a criminal attorney will earn a victory by coming up with an inspired, passionate, and completely crazy strategy that ends up reducing the charges against their client or setting their client free. Here is a look at some novel defenses that had prosecutors wringing their hands and gnashing their teeth as they watched what they thought was sure…
Read MoreHow to Work with Your Attorney and Improve the Outcome of Your Case
How to Work with Your Attorney and Improve the Outcome of Your Case If you’ve been arrested, you need an experienced attorney to help you get the best outcome in your case. Here are a few important rules to follow when working with your criminal defense law firm. Teamwork Makes the Dream Work Please remember that you will be working as a team with your criminal defense attorneys. When teams…
Read MoreWhen Should You Accept a Plea Bargain?
When Should You Accept a Plea Bargain? If you watch TV shows about the criminal justice system, you might think that every case ends up in a courtroom, with the prosecutor and defense attorney slugging it out in front of a jury. The truth is, more than 90% of criminal cases never go to trial.1 More often, the case ends with the defense and prosecution coming to an agreement to…
Read MoreIs it Obstruction of Justice to Delete Your Cellphone Memory?
Is it Obstruction of Justice to Delete Your Cellphone Memory? Former Utah Attorney General John Swallow faces 11 felony charges and two misdemeanors for soliciting bribes, accepting gifts, and tampering with evidence.1 But Swallow also could be charged with obstruction of justice. The Special Investigation Committee assigned to the Swallow case alleges that he purposely deleted electronic documents and falsified documents in an attempt to hide evidence.2 If you are…
Read MoreCan Law Enforcement Seize Your Cash as Evidence?
Can Law Enforcement Seize Your Cash as Evidence? If police feel that your money is involved with a criminal case, they can seize it. For example, police officers will withhold your cash if they feel that it is connected with a drug offense. Let’s say you are pulled over and police officers smell marijuana in your car or find other drug paraphernalia. They may seize any money that you have…
Read MoreHow Does a Witness’ Criminal History Affect a Trial?
How Does a Witness’ Criminal History Affect a Trial? One of the most important aspects of a criminal trial is the testimony from witnesses. Witnesses can either shed light on the crime itself or on the character of either party. They are carefully selected by prosecutors and defense attorneys and are often heavily prepared to contribute to the proceedings. This is why they are an invaluable part of the criminal…
Read MoreYou May Not Have to Pay Restitution if You are Convicted of a Crime
You May Not Have to Pay Restitution if You are Convicted of a Crime In many cases, you will be ordered to pay restitution if you plead guilty or are convicted of a crime. However, you are entitled to a hearing before a restitution amount can be set. More importantly, the court sometimes makes a mistake and orders someone to pay restitution when they should not be ordered to do…
Read MoreCan I Get My Third Strike Conviction Reversed Due to Three Strikes Reform (Prop 36)? (Penal Code section 1170.126)
Can I Get My Third Strike Conviction Reversed Due to Three Strikes Reform (Prop 36)? (Penal Code section 1170.126) In November 2012, California voters approved Proposition 36, an initiative measure which reformed California’s 1994 Three Strikes law. Under the old version of the Three Strikes law, a defendant with at least two prior serious or violent felony convictions (in other words, “strikes”) would have faced a mandatory minimum 25-years-to-life sentence…
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