Eavesdropping Laws in California – Penal Code 632
California is a so-called “two-party consent” state with regard to recording conversations. This means that in general both parties to a conversation must be aware that it is being recorded and consent to that recording or else the act of recording itself is unlawful. California’s recording of confidential communications law under...
California Burglary Suspect Arrested After He Got Stuck in Chimney
In Ladera Heights, CA, a naked man was pulled from a chimney by police officers and after he attempted to burglarize a nearby home before running and hiding in the neighbor’s chimney. After he got stuck in the chimney, he began yelling “I’m not crazy,” and was making claims he...
Ex Glendale Bank Manager Pleads Guilty to Identity Theft Scheme
A former Wells Fargo bank manager in Glendale, CA who was facing allegations that he unfroze suspicious accounts in connection with a $14 million identify theft scheme to defraud the Internal Revenue Service has pleaded guilty to the federal criminal charges. News reports about the case said the defendant, Hakop Zakaryan,...
Mental Health Diversion for Criminal Cases in California - Penal Code 1001.36
Some defendants who have been charged with a crime suffer from a mental health issue that impact their ability to know right from wrong or it impacts their ability to control their actions. The California criminal justice system is often overwhelmed in attempting to deal with defendants suffering from a mental...
Bail Reduction Motion in California Criminal Cases
Current California law provides for a cash bail system under which most defendants who appear in court are allowed to remain free in the community pursuant to a bail bond. Most defendants do not have the resources to post the complete cash bail amount themselves, and so they employ a bail...
Eisner Gorin LLP Secures Dismissal of Violation of Restraining Order Cases
Our Los Angeles criminal defense law firm secured case dismissals of multiple cases against same client in the LAX Airport Courthouse. Client was charged with two separate violations of a civil harassment restraining order, a misdemeanor under California law. Specifically, client was alleged to have harassed his former therapist with whom...
Common Defenses in California Criminal Cases
In order to convict someone charged with a crime in California, the prosecutor must prove guilt beyond a reasonable doubt. Every defendant will have an opportunity to present a defense, normally with assistance from their criminal defense lawyer. Experienced criminal attorneys will typically attempt to find weaknesses in the prosecutor’s case...
Sentencing Hearings in California Criminal Courts
After you have been convicted of a crime in the state of California, the next step is for the court to sentence you. The sentencing could occur immediately after your conviction or it could be set for later date. Under California criminal law, this hearing gives the prosecutor and your defense...
Wobbler Crimes in California
There are certain criminal offenses that a prosecutor can file as either a felony or misdemeanor crime. These offenses are commonly known as a “wobbler.” When a prosecutor is making their decision on how to file a case, they typically consider major factors such as the specific facts of the...
Factual Innocence Motion in California - Penal Code Section 851.8
In California, there are cases where someone was arrested for a crime they did not commit. In other words, they were in fact innocent of any unlawful conduct and falsely accused of committing a criminal offense. This situation is more common than one may believe. In some cases, people are falsely accused...
