
Beware: ICE Agents Invading Courts to Deport Immigrants
Beware: ICE Agents Invading Courts to Deport Immigrants If you’re an immigrant in the United States and you’re accused of a crime, you may be worried about the impact a criminal conviction could have on your immigration status. In some cases, you could face deportation if you are convicted of a crime. This could greatly affect the decisions you and your criminal defense attorney make regarding your case. However, you…
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Are Misdemeanors Punishable by One Year or 364 Days in Jail? (SB 1242)
Are Misdemeanors Punishable by One Year or 364 Days in Jail? (SB 1242) What’s the difference between spending 365 days in jail and 364 days in jail? Turns out, this makes a big difference. That’s why California recently passed Senate Bill 1242 into law. This bill provides that all misdemeanor crimes will retroactively have a maximum sentence not to exceed 364 days. For California residents, this new law has important…
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The Rise of Ransomware Forces California to Change Its Laws (PC 523)
The Rise of Ransomware Forces California to Change Its Laws (PC 523) “Give me your lunch money or I’ll beat you up.” That sentence, growled by an elementary school bully, is how many of us are introduced to the notion of extortion. As we get older, the substance of the demand is fundamentally the same, but the context becomes more complex. Extortion can involve threats to commit physical harm to…
Read MoreCalifornia Police Misconduct Laws Passed
California Police Misconduct Laws Passed “Police misconduct” is a general phrase used to describe police officials who carry out unlawful actions, typically taking advantage of their position of authority. Police misconduct litigation is a rapidly expanding field in the legal world. Previously a niche specialty for civil rights attorneys, police misconduct has recently become commonly incorporated into broader practices, such as personal injury and criminal law. This phenomenon is relatively…
Read MoreJails in California Must Allow Face to Face Lawyer Visits with Inmates
Jails in California Must Allow Face to Face Lawyer Visits with Inmates One of our most treasured constitutional rights is the right to have a lawyer if you are accused of a crime. Encompassed within this right is the ability to effectively communicate with your attorney, and the right to do so in a private setting. In a recent case, inmates’ rights to communicate effectively and privately with their attorneys…
Read MoreWhen is Unconsciousness a Valid Legal Defense?
When is Unconsciousness a Valid Legal Defense? Unconsciousness can be considered a valid legal defense to crimes of both specific and general intent. In a criminal case, it is assumed that the defendant was conscious when he or she performed the alleged criminal act as long as it appeared that person was in a state of consciousness. If your criminal defense attorney is using unconsciousness as a defense in your…
Read MoreCan a Public Defender Properly Handle Your Criminal Case? Think Twice Before Asking for a Public Defender
Can a Public Defender Properly Handle Your Criminal Case? Think Twice Before Asking for a Public Defender Public defenders in California are unable to provide an adequate defense due to a shortage of lawyers and being assigned too many cases, the American Civil Liberties Union said in a recent lawsuit filed by three defendants. In the suit filed against the Fresno County Public Defender’s Office, the ACLU claims defendants in…
Read MoreCan Police Seize Your Money if You Haven’t Been Charged with a Crime? (PC 186.1)
Can Police Seize Your Money if You Haven’t Been Charged with a Crime? (PC 186.1) You probably know that police officers can confiscate your property if it is used for or acquired through criminal activity under California PC 186.1. For example, if you use your vehicle as a get-away car when you rob a bank, it is safe to assume your vehicle will be confiscated by law enforcement under civil…
Read MoreConsequences of Mayhem (PC 203)
Consequences of Mayhem (PC 203) What exactly constitutes mayhem in California? Although mayhem is more commonly used in everyday language to describe a scene of general chaos or commotion, the legal definition of mayhem is much more complicated. Mayhem is defined under California Penal Code Sections 203-205. Pursuant to PC 203, mayhem is defined as unlawfully and maliciously: Depriving a human being of a member of his or her body Disabling,…
Read MoreConsequences of Falsely Reporting a Crime in California (PC 148.5)
Consequences of Falsely Reporting a Crime in California (PC 148.5) We’ve all heard the story of the boy who cried wolf. Well as adults, it turns out that story is true. If you falsely report a crime in California, you may actually be charged with a crime. Under PC 148.5, it is a misdemeanor to knowingly make a false report or statement to any of the following: Police or peace…
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