If The DA Prosecuting You Is Found To Have Spoken To The Judge About Your Case You Have A Good Shot At Getting Your Conviction Reversed
If The DA Prosecuting You Is Found To Have Spoken To The Judge About Your Case You Have A Good Shot At Getting Your Conviction Reversed If you've been convicted of a crime in California, you might think your legal battle is over. But what if the judge and prosecutor were communicating about your case behind closed doors—without you or your attorney knowing? This type of ex parte communication is…
Read More
When Your Lawyer Isn't Ready
When Your Lawyer Isn't Ready If you're facing criminal charges, you have a constitutional right that goes beyond simply having a lawyer in the courtroom. You have the right to effective representation—a lawyer who is actually prepared to defend you. When a trial court denies your attorney the time needed to prepare your defense, that decision can be so unfair that it constitutes an error, potentially giving you a do-over…
Read More
Conviction Reversed In Rape Case Where Judge Refused To Give Battery Instruction To Jury
Conviction Reversed In Rape Case Where Judge Refused To Give Battery Instruction To Jury When your loved one is accused of a serious felony like rape, it may feel like the odds are stacked against them. But every accused individual has constitutional rights—and when judges or prosecutors fail to follow the law, it can result in a reversal of the conviction and a brand-new trial. A recent California Court of…
Read More
A 20-Year Sentencing Error Gets Exposed: How People v. Cervantes Opens the Door to New Resentencing Relief
A 20-Year Sentencing Error Gets Exposed: How People v. Cervantes Opens the Door to New Resentencing Relief When it comes to criminal sentencing in California, the law is clear: if a court imposes a term that the law does not permit, that sentence is considered unauthorized. And when a sentence is unauthorized, courts have the inherent authority—and duty—to correct it at any time, even decades after the original judgment. The…
Read More
Owing Victim Restitution? You Can Still Clear Your Record: What People v. Murphy Means for You
Owing Victim Restitution? You Can Still Clear Your Record: What People v. Murphy Means for You When you’re trying to rebuild your life after a criminal conviction, few legal tools are more important than Penal Code § 17(b) (reducing a felony to a misdemeanor) and Penal Code § 1203.4 (expungement). But many people—and unfortunately, some courts—believe that you cannot get these forms of relief if you still owe victim restitution.…
Read More
Can My Lawyer Get My Criminal Case Dismissed If The District Attorney Waits A Long Time To File Charges?
Can My Lawyer Get My Criminal Case Dismissed If The District Attorney Waits A Long Time To File Charges? When the District Attorney waits many years—or even decades—before filing criminal charges, accused individuals often wonder: Can my lawyer get the case thrown out because the District Attorney took too long? A recent California Court of Appeal decision, People v. McInnis, provides an important look at how courts decide whether an…
Read More
Can You Be Convicted of Murder Even If You Were Not Driving at the Time of the Collision?
Can You Be Convicted of Murder Even If You Were Not Driving at the Time of the Collision? The answer is YES. A recent California Court of Appeal decision makes clear that you can be convicted of murder—even if you were not driving your vehicle at the exact moment a fatal crash occurred—if your actions while driving under the influence directly led to someone’s death. In People v. Nevarez, the…
Read More
Charged with Watson Murder? Why You Need an Experienced Criminal Defense Attorney
Charged with Watson Murder? Why You Need an Experienced Criminal Defense Attorney In California, prosecutors can file second-degree murder charges against drivers involved in fatal crashes — even if they never meant to hurt anyone. This type of case, known as a Watson murder, is based on the 1981 California Supreme Court decision in People v. Watson. Since that case, prosecutors have used the Watson rule to pursue murder charges…
Read More
What You Need to Know About Pitchess Motions in California
What You Need to Know About Pitchess Motions in California When you are facing criminal charges in California, your defense often comes down to credibility. Police officers are usually the main witnesses for the prosecution, and their testimony carries a lot of weight with judges and juries. But what happens if the officer who arrested you has a history of misconduct? How can you uncover that information to strengthen your…
Read More
Orange County Man Faces Life Sentence for Threatening Judge: Understanding California's Criminal Threat Laws
Orange County Man Faces Life Sentence for Threatening Judge: Understanding California's Criminal Threat Laws A recent case out of Orange County serves as a reminder of how seriously California treats criminal threats—even when no physical harm occurs. This case illustrates the severe consequences that can result from a moment of anger or frustration, particularly for those with prior convictions under California's Three Strikes law. Our experienced criminal defense attorneys at…
Read More