California “Cocaine” Sales Charge│Newport Beach Drug Crimes Attorney
In November 2014, the California voters approved Proposition 47 which makes all simple drug possession charges a misdemeanor. Since Prop 47’s enactment, there has been a rise in the amount of drug sales charges filed by all prosecuting agencies. All drug sales cases are straight felony offenses and cannot be reduced to a misdemeanor. Therefore, […]
Common Criminal Defense Motions│Newport Beach Criminal Defense Attorney
When arrest for a criminal offense, whether it be for felony or misdemeanor charges, there are certain common motions attorneys file in an effort to dismiss the case or prepare for a defense at trial. However, since all cases are different and contain a different set of facts, filing any common motion may not be […]
What is a Ramey Warrant?
Generally, there are there types of warrants: bench warrants, arrest warrants, and search warrants. These types of warrants must be issued by a judicial officer but are issued for different purposes. A bench warrant is issued when a defendant fails to appear in court whereas a search warrant is issued by a judge or magistrate […]
Business & Professions Code 7028 BP – Contracting without a License
In California, contracting without a license is charged under business and professions code 7028 bp making it a crime to engage in, or act in the capacity, as a licensed contractor.[1] An investigation is ordinarily sparked when someone lodges a complaint with the California State Licensing Board. Due to recent California legislature enactments, unlicensed contracting […]
California “Methamphetamine Sales” Law | Health & Safety Code 11378 HS
In California, possession of methamphetamine for sale is charged under health & safety code 11378 hs.[1] It is a straight felony that cannot be reduced to a misdemeanor. The prosecutor does not need to prove you actually sold methamphetamine. Instead, the prosecutor must prove that you possessed methamphetamine and intended to sell it. Usually the […]
“Serious” or “Violent” Felony │ Penal Code 1192.7(c) & Penal Code 667.5(c)
Any conviction for a serious or violent felony constitutes a “strike” offense applied to California’s Three Strike Laws. In addition, certain enhancement statutes may be applied if you’re convicted of a subsequent felony while suffering from a prior serious or violent felony conviction. Normally, these enhancements run consecutive to the underlying offense. Consequently, someone could […]
Los Angeles Law Enforcement Attorney | Criminal Defense Lawyer
California and federal prosecutors are increasingly scrutinizing the performance of law enforcement. If you are a law enforcement officer who is accused of a crime, then contact our office to speak with an experienced Los Angeles law enforcement attorney. The Law Offices of John D. Rogers is committed to representing law enforcement personnel who find […]
Explanation of “995 Motion” in California
In all felony cases in the state of California, all criminal defendants have a constitutional right to a preliminary hearing within 10 court days and/or 60 calendar days after their arraignment on the charge(s). In a preliminary hearing, the prosecutor has the burden of proving, with the preponderance of the evidence, that there is sufficient […]
