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Criminal Law

Southern California Criminal Defense Blog Southern California Criminal Defense Blog

Information about California Defense Law as well as up-to-date news from the legal sector.
By Walin & Klarich

Post Frequency: 9.1/day

Last Entry: April 01, 2011 at 15:11:30

Recent Entries: 1015

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Michael Jackson?s Doctor Pleads Not Guilty to Involuntary Manslaughter Charges

Posted on February 09, 2010
On February 8, 2010 Michael Jackson?s Doctor has plead not guilty to involuntary manslaughter. Dr. Conrad Murray, a Houston cardiologist who was with Michael Jackson when he died on June 25, 2009, was accused today of being criminally responsible for his death...


Torrance DMV Hearings and DUI Defense Lawyers

Posted on February 09, 2010
The city of Torrance is situated within the bustling region of Los Angeles County and has approximately 140,820 residents. Based on the 2009 California Population Estimate of 149,111, Torrance is expected to become the eighth largest city in LA County as well as the 35th largest in the state of California...


What You Need to Know if You Are Accused of Burglary and How it Can Affect You - Penal Code Section 459

Posted on February 09, 2010
In California, burglary is a very serious crime with serious consequences. There are generally two types of burglary, commercial and residential, often called first and second degree burglary. Burglaries committed in someone?s home are residential burglaries which are always felonies...


What You Need to Know about Arson and How it Can Affect You - California Penal Code Section 451

Posted on February 09, 2010
In California, arson is considered a particularly heinous crime, especially during the summer when wildfires grab national headlines every year. Arson is a complicated matter with varying levels of severity in punishments for each case. There are many factors to consider, including the circumstances of the accused and the type of damage caused...


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California Court of Appeal Clarifies "Force" Requirement of False Imprisonment - PC Section 236-237

Posted on February 08, 2010
In the recent case of People v. Santos Dominguez (2010) 2010 WL 60237 (hereafter Dominguez), the California Court of Appeal held that the amount of force required for false imprisonment of an unresisting infant or child is the amount of physical force required to take and carry the child away a substantial distance for an illegal purpose or with an illegal intent...


I am Accused of Criminal Battery - What Should I Do Next? - California Penal Code Section 242

Posted on February 08, 2010
Anyone who has been charged with battery, under California Penal Code section 242, should be prepared to retain an experienced criminal defense law firm to represent him or her in court. An experienced criminal defense attorney will know how to examine all the circumstances surrounding a criminal battery case to secure the most favorable disposition of this criminal matter for the client...


Lesser Included Offenses: How An Experienced Criminal Defense Attorney Could Save you From a Felony Conviction

Posted on February 07, 2010
Most felonies could be charged as lesser offenses. In other words, the lesser offenses are a part of the felony because they include the same elements. Typically, the jury must be instructed on the lesser included offense. For example, the crime of felony assault includes the lesser offense of simple assault...


How Hiring an Experienced San Diego Criminal Defense Attorney Can Help You if You Are Charged with Vandalism - Penal Code Section 594

Posted on February 06, 2010
It was recently reported that three individuals were arrested in connection to a vandalism case in El Cajon, California. Oswaldo Sanchez (19 years old), Aaron Menjuga (18 years old), and a minor (male, 16-years old) were all taken into custody when police pulled them over for an unrelated traffic stop...


I am Accused of Criminal Assault - What should I Do? - California Penal Code 240

Posted on February 05, 2010
California Penal Code Section 240 defines an assault as an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. In other words, it is some type of action that attempts to physically injure someone. You will often hear the defendant was charged with ?assault & battery...


A Person Can be Convicted of Burglary of the Apartment Which He Leases: California Penal Code Section 459

Posted on February 05, 2010
Recently, a California appellate court has concluded that even if you have a signed lease to enter your apartment, that may not constitute a complete defense to burglary when there is sufficient evidence to conclude that the defendant did not have ?an unconditional possessory interest? in the apartment rented with another person at the time of commission of burglary...


Possession of Medical Marijuana is Limited to the Patient's Current Medical Needs

Posted on February 04, 2010
Why Having an Experienced Drug Offense Attorney Can Mean the Difference Between Jail and Freedom A recent California Court of Appeals decision, People v. Archer, held that, in medical marijuana possession cases, the jury must be informed that the patient has a right to possess an amount that is reasonably related to the patient?s current medical needs...


Palmdale DMV Hearing and DUI Defense Attorneys

Posted on February 04, 2010
Palmdale is a fast-growing city situated in Los Angeles County?s northeast region. With an approximate population of 151,346, Palmdale attracts new inhabitants throughout the year partially due to its proximity to the beautiful San Gabriel Mountain range...


The California Supreme Court Affirmed a Death Sentence for the 1995 Murder of a Deputy Sheriff in Lassen County: Criminal Defense Issues Discussed on Appeal, Part II

Posted on February 03, 2010
As discussed yesterday, the California Supreme Court unanimously affirmed the verdict of death after the jury in the Sacramento County convicted the defendant of the first degree murder of a deputy sheriff and of the attempted wilful, deliberate, and premeditated murder of three other peace officers stemmed from an incident of domestic violence on March 2, 1995, in Ravendale...


Lancaster DMV Hearings and DUI Defense Lawyers

Posted on February 02, 2010
As the ninth fastest expanding city in the United States, Lancaster is situated in Southern California?s Antelope Valley. Lancaster has an approximate population of 145,243 and is the eighth biggest city within Los Angeles County. In bringing in several national and local companies from various types of industries and businesses, many people are drawn to Lancaster to pursue the American Dream...


The California Supreme Court Affirmed a Death Sentence for the 1995 Murder of a Deputy Sheriff in Lassen County: Jailers Unlawfully Seize Defendant's Notes of Conversations with His Attorney, Part I

Posted on February 02, 2010
In one of its last decisions of 2009, the California Supreme Court on automatic appeal has unanimously affirmed the verdict of death after the jury in the Sacramento County convicted the defendant of the first degree murder of a deputy sheriff and of the attempted wilful, deliberate, and premeditated murder of three other peace officers stemmed from an incident of domestic violence on March 2, 1995, in Ravendale...


How Hiring An Experienced San Diego Criminal Defense Attorney Can Help You If You Are Arrested for a Hit and Run - CVC 20001 - CVC 20002

Posted on February 01, 2010
It was recently reported that a 62-year old woman died as a result of her injuries in a hit and run accident in Los Angeles. The woman, whose name has not yet been released, was hit while she was crossing a street near Normandie Avenue and West Adams Boulevard...


How Reimbursement For Victims of Crimes Affects Restitution Costs In Criminal Cases - Restitution May Include Many More Things Than You Might Think

Posted on January 31, 2010
If you are convicted of a crime against another person, you have the right to have a hearing to determine how much restitution is owed to the victim. At that hearing, there needs to be a showing in front of a judge to determine the amount that the victim is entitled to, as a result of the crime...


What Kind of Agreement or Partnership Amounts to Criminal Conspiracy in California?

Posted on January 30, 2010
Conspiracy is a complicated area of criminal law. In general terms, a "conspiracy" is an agreement or partnership for a criminal purpose. Each member or the alleged conspiracy becomes the agent or partner of every other member. When evaluating the prospect of criminal allegations of conspiracy, consider whether some sort of agreement (formal or informal) was in place...


What the Prosecution Must Prove to Charge and Convict Someone of Carjacking - Penal Code Section 215

Posted on January 29, 2010
The crime of carjacking comes under the broad scope of California theft-related offenses. To be found guilty of carjacking in California, the defendant must have taken a motor vehicle from the custody of another person by force, violence, or assault. For the prosecution to meet its burden for a carjacking conviction, it must be proven, beyond a reasonable doubt, that the taking of the motor vehicle was done with the intent to temporarily or permanently deprive the true owner of their right to use or possess the motor vehicle...


Pasadena DMV Hearings and DUI Defense Attorneys

Posted on January 28, 2010
Pasadena is a popular city situated in Los Angeles County. Known mostly for hosting the nationally watched Tournament of Roses parade and the annual Rose Bowl Football game, Pasadena is also a cultural attraction in the San Gabriel Valley. Pasadena is the sixth largest city in LA County with an estimated population of 146,518 residents...


Minors and Vandalism Charges

Posted on January 28, 2010
It was recently reported that a minor was taken into custody and charged with 232 counts of vandalism in Vista, California. The police also suspect him in 85 additional vandalism incidences. His alleged graffiti tags have caused over $101,000 in damage according to police...


The Proper Use of Police Officers' Emergency Lights When Pursuing Traffic Offenders in California - California Vehicle Code 2800.1

Posted on January 27, 2010
In California, ?an officer must activate a red light when in pursuit of a traffic offender who attempts to flee.? (People v. Copass (Dec. 14, 2009, No. B211281) 2009 WL 4757252 (hereafter Copass).) But what if a police officer loses a traffic offender during a pursuit and deactivates the light, only to moments later spot the traffic offender and reactive the light to resume the pursuit? The California Court of Appeal recently determined a police officer can deactivate the red light during the period the officer momentarily loses sight of the offender...


Trial Judge Has the Power to Subpoena Jurors that May Have Been Involved in Misconduct

Posted on January 26, 2010
In a recent California Court of Appeals case (People v. Tuggles) the court ruled that the trial judge has the power to subpoena any juror that he or she feels may have been involved in misconduct during the trial. The judge can do so at the request of the defense or of the prosecution...


Hollywood DMV Hearings and DUI Defense Attorneys

Posted on January 26, 2010
As probably the most famous districts in California, Hollywood is a historical hub of movie studios and movie stars. Some of the most well-known landmarks in Hollywood range from the Hollywood Bowl to Capitol Records to Grauman?s Chinese Theatre. With over 210,777 people residing in Hollywood and with a population density of about 8,443 individuals per square mile, Hollywood travelers and inhabitants encounter their share of arrests for driving under the influence (DUI) in which a Department of Motor Vehicles (DMV) hearing will most likely take place...


Evading a Police Officer in California, Vehicle Code Section 2800.2: How Knowing the Law Could Spare You Jail Time

Posted on January 25, 2010
In California, a police officer does not have to be behind you with his or her lights on in order to pull you over. A recent California Court of Appeals case (People v. Pakes) held that the police only need to make a reasonable effort to overtake your vehicle in order to technically be in pursuit...


Good Faith Exception to the Exclusionary Rule Does Not Apply Where the Search Warrant is 84 Days Old - Penal Code Section 1538.5

Posted on January 24, 2010
A recent California Court of Appeals decision in People v. Hirata held that a search warrant is invalid after the passing of a substantial period of time. In this case, the period of time was 84 days. The defendant (Hirata) was charged with possessing drugs and being part of a drug conspiracy ring...


District Attorney's Letter Does Not Substitute For a Court Order: Why Having a Good Defense Attorney Can Save You Money-Penal Code Section 1305 and the Law of Bail Forfeitures

Posted on January 23, 2010
A recent California Appeals Court decision (People v. American Surety Insurance Co.) held that bail was not forfeited when a defendant failed to appear at an arraignment. California Penal Code Section 1305 provides that a trial court shall not have jurisdiction to declare a bail forfeiture if no complaint is filed within 15 days from the arraignment...


How a Good Private Investigator Can Help Your Attorney Win Your Case

Posted on January 22, 2010
Private investigators are essential to any criminal investigation. If accused of a crime, you cannot rely solely on the police investigation. Police are trained to gather evidence to convict; they are not trained to search for evidence of innocence. Private investigators are often former police officers who know the ins and outs of police investigation...


High Public Defender Caseloads Could Lead to Nightmare Results if You Are Accused of a Crime

Posted on January 21, 2010
Recently, Attorney General Eric Holder spoke at the Brennan Legacy Award Dinner. At the event, which is named in honor of United States Supreme Court Justice William Brennan, Attorney General Holder addressed some issues which have scary implications for those with a pending criminal case...


Valencia DMV Hearings and DUI Defense Lawyer

Posted on January 21, 2010
Valencia is a planned community in California that forms Santa Clarita along with three other major communities. Aside from being used for the location of many TV series, Valencia is well known for being a safe neighborhood and having a convenient network of walkways (paseos) that connect the community without crossing streets at grade...


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