California Laws Help Non-Citizens Avoid Collateral Immigration Consequences in Low Level Drug Cases

AB208 was passed to help those arrested and charged with low-level drug related offenses enter into a diversion program without having to first enter a guilty plea. Prior to the enactment of AB208, California Penal Code (PC) 1000 required those who qualified, to enter a guilty plea and then waive their time for sentencing in … Continue reading California Laws Help Non-Citizens Avoid Collateral Immigration Consequences in Low Level Drug Cases

Important Court of Appeal Decision Regarding Prolonged Detention of Third Party During Probation Compliance Search

On March 29, 2018, the Court of Appeal reversed a Trial Court's decision denying Defendant's motion to suppress pursuant to Penal Code section 1538.5. The Court of Appeal ruled "the extended detention of defendant was unreasonable where the court could not say that the entire period of defendant's detention was justified by government interests made … Continue reading Important Court of Appeal Decision Regarding Prolonged Detention of Third Party During Probation Compliance Search

“Just Because You Did It, Doesn’t Mean You’re Guilty.” 

The statement is a jarring one. Most of us react to such claim by saying "that's exactly what it means, actually." But aside from making a controversial billboard, the attorney that decided to make this statement the headline for his advertising started an important discussion. If you've ever served on a criminal jury, you know … Continue reading “Just Because You Did It, Doesn’t Mean You’re Guilty.” 

5 Things to Know About the San Diego County Criminal Justice System

Where do I go if charged with a crime? San Diego County has four courthouses that hear criminal cases (misdemeanors and felonies): Central Division in Downtown San Diego, South County Division in Chula Vista, East County Division in El Cajon and North County Division in Vista. Where a case is filed will depend where the … Continue reading 5 Things to Know About the San Diego County Criminal Justice System

Mass Phone Searches Following Inauguration-Day Rioting Arrests

BuzzFeed has reported that DC prosecutors have sought and obtained warrants to search over 100 phones of those arrested and charged with rioting. They also report that many were legal observers and journalist, which triggers interesting questions regarding the First Amendment and the protection and freedom of the press. The government's ability to search our … Continue reading Mass Phone Searches Following Inauguration-Day Rioting Arrests

California’s Bail System and a Move for Change

Bail is collateral intended to motivate a potential defendant to participate in the criminal proceedings. When most people get arrested in San Diego County, they are booked into jail and bail is set based on a bail schedule. For instance, the standard bail for a DUI (VC 23152) arrest is $2,500, for an assault with … Continue reading California’s Bail System and a Move for Change

Lawyer Mocks Jailhouse Informant Witness, Gets Reprimanded

We've all heard of the serious jailhouse informant issues plaguing the fair administration of justice, most notably, the Orange County case that is drawing attention from The U.S. Department of Justice. There, the constitutional abuses have been described as "systemic." Generally speaking, a jail house informant that receives a benefit for testifying against a defendant … Continue reading Lawyer Mocks Jailhouse Informant Witness, Gets Reprimanded

The Importance of Contract Law in Plea Agreements 

For many attorneys that practice in criminal law, contract law is a distant and haunting memory. While certainly pragmatic, for those of us that wished to be in court everyday, contract law represented the antithesis of becoming trial attorneys. But when it comes to plea agreements, knowing the fundamental principles of contracts is necessary to … Continue reading The Importance of Contract Law in Plea Agreements