Arrested by a Dishonest Cop?
Recent news articles have sparked renewed interest in the topic of dishonest or lying police officers and their impact on the criminal justice system. In our practice, it is not infrequent to encounter officers who have told half-truths or outright falsehoods about the circumstances leading to our client’s arrest. This...
Attempted Crimes Laws in California
Attempted crimes laws are covered under California Penal Code Sections 21a and 664. Many people don’t realize that attempting to commit a crime, is itself a crime. Attempt is a separate offense that may be charged on its own. In other words, if you attempt to commit a crime, but unsuccessful,...
California Penal Code 995 Motion to Dismiss
In felony cases in Los Angeles County criminal courthouses, there is sometimes a discussion by criminal defense lawyers of a “995 Motion.” What exactly is this type of motion and what is it for? A California Penal Code Section § 995 motion gives you an opportunity, after your preliminary hearing,...
California's New Diversion Program
Governor Brown signed Assembly Bill 1810, enacted by the Legislature and, as a budget trailer bill, effective and operative immediately. This program is called the “mental health diversion” in California. Among other things, the bill created Penal Code section 1001.36, which sets forth a discretionary pre-trial diversion procedure for any defendant...
Bribery of a Witness Laws in California
Bribery of witnesses is covered under California Penal Code Sections 137 and 138. A “bribe” is basically described as when a witness changes their testimony, or makes an agreement to not appear at a trail in exchange for money or anything of value. However, the California Penal Code does not...
Preliminary Hearings in California
In a felony criminal case in Los Angeles County, you have a constitutional right to a , where the prosecutor has to show the judge there is sufficient evidence to support allegations that a crime has been committed. In other words, the primary purpose of a preliminary hearing is for...
Pitchess Motion in California
Did you have a bad cop on your case and a victim of police misconduct? A is designed to find impeachment material to challenge the credibility of a police officer, based on their prior misconduct within the last five years. In other words, it’s an attempt to identify any...
Search Warrants Laws in California
Most people have a basic understanding of California search warrants, but don’t typically know all the legal requirements, probable cause, and how a search warrant is issued. A search warrant gives police the legal authority to search your home, car, business, or any other area they suspect has evidence of...
Early Termination of Probation in California
California Penal Code Section 1203.3 gives a judge the authority to terminate your probation early. However, it’s important to note that these requests are granted only if you can show the court good reasons, which is commonly known as “good cause.” If you are seeking early termination of your probation,...
Impersonating a Police Officer Law in California
Impersonating a police officer law is covered under California Penal Code Section 538d. In basic terms, it’s a crime to wear an authorized law enforcement uniform with the intent to fraudulently impersonate or induce someone into believing you are a peace officer. PC 538d is a misdemeanor offense that carries...
