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…
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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.…
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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…
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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…
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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…
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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…
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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…
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Veterans in California May Qualify for Military Diversion Without Proving Their Service Directly Caused the Offense
Veterans in California May Qualify for Military Diversion Without Proving Their Service Directly Caused the Offense In a recent Orange County case, a Marine Corps veteran was charged with four misdemeanor DUI offenses after a traffic stop. He applied for military diversion under California Penal Code §1001.80, which allows current and former service members to receive treatment instead of facing criminal punishment. The veteran submitted strong evidence, including discharge papers,…
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The Court Cannot Take Legal Custody Away From Father Of Child Even If He Is In Prison If He Has Created A Proper Care Plan For His Children
The Court Cannot Take Legal Custody Away From Father Of Child Even If He Is In Prison If He Has Created A Proper Care Plan For His Children California law is clear: a parent’s incarceration alone does not justify removing their child from their custody if that parent has taken responsible steps to ensure the child is safe and cared for. A recent Court of Appeal decision highlights this important…
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When the Prosecutor Screws Up You Need to Hire an Experienced Criminal Defense Lawyer to Help You Get Your Loved One Out of Prison
When the Prosecutor Screws Up You Need to Hire an Experienced Criminal Defense Lawyer to Help You Get Your Loved One Out of Prison Imagine spending more than four decades behind bars for a crime you did not commit, only to discover that key evidence in your case had been hidden from the defense. That’s exactly what happened to Guy Scott, who was recently released from prison after 44 years…
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