Pre-Accusation Delay Due Process Motion
A pre-accusation delay motion is a non-statutory motion brought forth by the defense in the event there has been an unreasonable delay in filing formal…
Read Full ArticleA pre-accusation delay motion is a non-statutory motion brought forth by the defense in the event there has been an unreasonable delay in filing formal…
Read Full ArticleThe landmark case of Brady v. Maryland gave the general rule that a prosecutor must disclose all material evidence which has exculpatory value to the…
Read Full ArticleCalifornia Penal Code 654 expressly provides a safe guard towards constitutional sentencing schemes when an individual is accused of committing multiple crimes stemming from the…
Read Full ArticleAn exclusive CBS investigation revealed that over 9,000 rape kits are left untested. Such evidence is critical not only for law enforcement and prosecutors seeking…
Read Full ArticleIn California, assault with a firearm is defined under Penal Code 245(a)(2). The underlying crime is simple assault under PC 240 but carried out with…
Read Full ArticleIn California, penal code 314 pc makes it a misdemeanor for any person to “willfully and lewdly” do either of the following: Expose his or…
Read Full ArticleIn California, negligent discharge of a firearm is charged under penal code 246.3 pc making it unlawful to intentionally discharge a firearm with gross negligence…
Read Full ArticleIn California, brandishing a weapon is codified under Penal Code 417 making it unlawful for someone to draw or exhibit a deadly weapon in a…
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