Blog

Review of a Serna Motion in California to Dismiss Criminal Charges for Lack of Speedy Prosecution A Serna motion can be filed for lack of a speedy trial to ask judge to dismiss charges. In California, a “Serna motion” (known as speedy trial motions) is a legal motion to dismiss misdemeanor or fe...

In the state of California, domestic violence is one of the most common prosecuted crimes under various criminal law provisions.  Its general definition is an attempt or threat to use physical force against an intimate partner. In Los Angeles criminal courts, domestic violence allegations are taking...

California Penal Code 186.22 PC, gang enhancement laws, says that anyone who willfully participates in gang activities or joins other members while carrying out a crime could be face additional prison time if convicted. PC 186.22 state that anyone who participates in a gang can face an enhanced ...

After someone is arrested by police, one of their first thoughts is whether they will be able to post bail in order to get released from custody as quickly as possible. When someone is arrested for a California state crime, they are normally allowed to post a cash bond, which is most often achiev...

Extradition is a process where a fugitive from justice is brought back from another state or country into California. It's a very common occurrence for a defendant in a criminal case in one jurisdiction to be arrested by law enforcement in another jurisdiction because: they fled to avoid gett...

There are different levels of crimes in the state of California, including an infraction, misdemeanor and a felony, which is the most serious crime. This article will review misdemeanor crimes and how criminal courts and prosecutors handle these types of cases. A California misdemeanor is a crim...

Felony crimes in California are described as any offense that can result in a maximum sentence of over one year in jail. In California, any criminal offense that can result in a maximum sentence of more than one year is considered a felony crime. Also, anyone convicted of a felony crime in Calif...

New Polices Offer Potential Resentencing Of Defendants Who Accepted a Plea Deal with LA District Attorneys' Office Based on new polices announced by the LA County District Attorney, many defendants are now eligible for a reduced sentence. The new Los Angeles District Attorney George Gascon has a...

In the context of fighting a domestic violence charge in California, the “best defense” means a strategy most likely to result in a favorable plea agreement from the prosecutor or an acquittal at trial. If you are fighting a domestic violence charge in Los Angeles, you need a defense lawyer who ...

If you decide to resist police while they are in the performance of their lawful duties, it will make a bad situation much worse. The crime of resisting arrest in California is defined under Penal Code 148 PC. In California, the most common charge related to resisting arrest is Penal Code Sectio...

One aspect that is unique to domestic violence cases in Los Angeles is the court issuing a criminal protective order against a defendant. If you were charged or convicted of a domestic violence related crime, then you will normally be subjected to a protective order that will prohibit contacting ...

If you have an active warrant in California, it might be possible to clear the warrant without having to spend time in jail. If you have an active California bench or arrest warrant, you might have the option of getting the warrant recalled without having to make a court appearance, post a bail,...

The criminal justice system in California normally requires an arrestee to post bail with the court in order to get released from custody. The primary purpose of requiring bail is to make sure the defendant will appear for their court appearances. How and when a defendant can post bail after get...

Our Los Angeles criminal defense law firm is frequently asked by defendants whether they should accept a plea bargain that was offered by the prosecutor.  The correct response to this question is that it's rarely a simple answer because it will always depend on a wide range of different factors. ...

In simple terms, a subpoena is a demand for someone to provide testimony in court. A prosecutor and criminal defense lawyer can issue a subpoena to someone to give testimony or demand they bring documents or some other type of evidence to court. Clara Shortridge Foltz Criminal Justice Center – 2...

Prescription drug addiction is a major issue in California and a lot of drug addicts will do almost anything to get their prescription pills. It's not uncommon for some to make a counterfeit prescription pad in an attempt to trick a pharmacist to fill a prescription for their controlled substance...

If you are convicted of a misdemeanor or felony offense and the victim of your crime sustained some form of loss, the court will generally order you to pay restitution to the victim to recover those losses. Paying victim restitution will be a condition on your probation. Victim restitution is des...

Most people who have been accused of a domestic related crime have many questions about potential penalties they will face if convicted. Under California law, there are many types of charges related to domestic violence and subsequent penalties. Most cases are filed as a misdemeanor crimes and th...

Getting charged with a domestic violence related crime doesn't always involve the use of physical force. Under California Penal Code 422, it's a crime to make criminal threats against a victim and these frequently include a spouse, cohabitant, family member, or co-parent. Penal Code 422 prohibits...

Under California law, domestic violence is generally defined as a physical assault against a current or former spouse, cohabitant, boyfriend, girlfriend, a person who has a child with victim, or another type of relationship described under the domestic violence statute.A domestic violence crime ...

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 agg...

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 mistake and now be...

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, crimina...

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...

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 completing it, ...