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Criminal Law

How The Passage of Prop 64 Can Help You

Posted in Criminal Law,Drug Crimes,In The News on December 8, 2016

With the passage of Proposition 64 (officially the “Control, Regulate and Tax Adult Use of Marijuana Act,” also commonly known as the “Adult Use of Marijuana Act,”) on November 8, 2016, certain marijuana-related activities, which were previously crimes, were decriminalized.  Further, other crimes which were previously classified as felonies can potentially be reduced to misdemeanors. … Continue reading How The Passage of Prop 64 Can Help You

California’s new take on Civil Forfeiture Laws

Posted in Criminal Law,Drug Crimes on October 12, 2016

About this time last year, we reported that, via the use of of Senate Bill 443, California legislators attempted to change the state’s civil forfeiture laws, however the Bill failed to pass in the Senate. We are pleased to announce, however, that a similar Bill introduced this year  just passed. Starting in 2017, law enforcement agencies … Continue reading California’s new take on Civil Forfeiture Laws

What you need to know about DUI law: The Traffic Stop

Posted in Criminal Law on March 8, 2016

It’s late at night. You’re driving home from a friend’s house after having a few drinks. And those dreaded red lights flip on behind you.  As you pull over to the side of the road, you hope the police car will swerve around you, off to stop a real “bad guy.” But instead of passing … Continue reading What you need to know about DUI law: The Traffic Stop

California’s efforts to Reform Civil Forfeiture Laws Fail

Posted in Change on the Horizon?,Criminal Law on November 13, 2015

Earlier this year, by way of Senate Bill 443, California legislators attempted to change the state’s civil forfeiture laws. As it stood, “local law enforcement officials [could] bypass the state’s less-lucrative civil forfeiture laws by partnering with the federal government and processing the forfeiture in federal court.”[1] The loophole existed because “under federal law, no … Continue reading California’s efforts to Reform Civil Forfeiture Laws Fail

A snapshot of California’s compassionate release program

Posted in Criminal Law,Uncategorized on April 29, 2015

What is compassionate release? In 2011 California adopted legislation that allows the state to parole some categories of very ill prisoners[1] before the end of their sentence.[2] This system was recently expanded in 2014 as part of the State’s on-going efforts to reduce prison overcrowding. Under the program, prison medical staff are responsible for assessing … Continue reading A snapshot of California’s compassionate release program

Getting out of State Prison Early

Posted in Criminal Law on April 14, 2015

In 2011, California was ordered by the U.S. Supreme Court to reduce the overcrowding in its state prisons. The state has worked to address the problem by implementing programs aimed at allowing some inmates to earn additional credits that can be applied towards their time served, allowing early release to some inmates, and starting alternative … Continue reading Getting out of State Prison Early

Limiting the types of evidence allowed in child abuse cases

Posted in Criminal Law on March 28, 2015

In 2010, Darius Clark was convicted of felonious assault and child endangering for abusing a three-year-old boy, his girlfriend’s son. Because the boy was deemed “incompetent” to testify due to his very young age, prosecutors called the boy’s Head Start Program teacher to testify, to provide information as to who had caused the bruises and … Continue reading Limiting the types of evidence allowed in child abuse cases

Criminal Convictions and Gun Rights

Posted in Criminal Law on March 21, 2015

Which crimes can affect my gun ownership or gun possession rights? Most people have a basic understanding that federal law makes it illegal to possess a firearm if you have been convicted of a (1) state or federal felony, (2) any state felony for which you were in jail for longer than one year, (3) any misdemeanor … Continue reading Criminal Convictions and Gun Rights

Searching for meaning within Search and Seizure Law

Posted in Criminal Law on February 28, 2015

The Fourth Amendment protects us against unreasonable searches and seizures by the government.  However, it is well established within the law that the police are allowed to come to our front doors without a search warrant. Why? Because it is implicit in our social contract that visitors, including the police, are free to “approach the … Continue reading Searching for meaning within Search and Seizure Law