Factual Innocence Motion in California – Penal Code 851.8
There are California criminal cases where the person arrested didn’t commit the crime. In legal terms, this means they are factually innocent of illegal conduct and were falsely accused of committing a criminal offense. There have been cases when someone was falsely accused because of overly aggressive police tactics in... View Article
Motion to Withdraw a Plea – California Penal Code 1018
The withdrawal of a Plea is described California Penal Code 1018, which grants a defendant the right to withdrawal a guilty or no-contest plea, if there is good cause. This means a defendant who pleads guilty in a criminal case part of a plea agreement, could decide they made a... View Article
California Invasion of Privacy Laws
There have been many invasion of privacy cases in California that have received significant media attention. A lot of news outlets cover the event using private and graphic pictures that were posted on a social media platform without consent from either party involved. In some situations, criminal or civil action... View Article
Reduce a Felony Conviction to Misdemeanor – California Penal Code 17(b)
Reducing a felony conviction on your criminal record to a misdemeanor is described under California Penal Code Section 17(b). In other words, if you were convicted of certain California felony crimes, you have a chance of getting them reduced to a misdemeanor crime. This means a felony conviction is not... View Article
Attempted Crimes in California – Penal Code 664 and 21(a)
California Penal Code Sections 664 and 21(a) are the statutes that descried attempted crimes. In other words, attempting to commit a crime is itself a crime, and a separate offense that can be charged on its own. This means if you attempt to commit a crime, but are unsuccessful in... View Article
California Self-Defense Laws
California’s self-defense laws allow you to protect yourself in certain situations. By law, you can’t be guilty of a violent crime that you may have committed in order to protect yourself, as long as the conduct was “reasonable under the circumstances.” This primary factor is often aggressively debated by defense... View Article
Pretrial Motion Practice in Los Angeles Criminal Cases
In California State criminal cases, pretrial motion practice is a crucial factor in an effective defense strategy. Clearly, any appropriate pretrial motions to be heard by the criminal court will always depend on the facts, circumstances, and allegations in the case. There are specific categories of motions often litigated in... View Article
Preliminary Hearings in Los Angeles Criminal Courts
In felony criminal cases in in Los Angeles County, you will have a guaranteed legal right to have a preliminary hearing. This is when the prosecutor must prove there is sufficient evidence supporting that you committed a crime. The primary function of a preliminary hearing is for the court to decide... View Article
Motion to Dismiss Misdemeanor Charges at Arraignment – California Penal Code 991
Once you are charged with a crime, you have certain legal rights make sure of fair criminal proceedings and for an opportunity to defend yourself against the charges. Part of the fair proceedings is right to a court arraignment within a reasonable amount of time – usually 48 hours. At... View Article
Felon in Possession of a Firearm – California Penal Code 29800
It’s common knowledge the Second Amendment of the United States Constitution gives citizens the legal right to bear arms, but it’s possible to have you gun ownership rights forfeited. For example, California Penal Code 29800 makes it a crime for anyone who convicted of a felony offense, some misdemeanor offenses,... View Article