California “Kidnapping” Law – Penal Code 207 PC
In California, kidnapping is charged under penal code 207 pc making it unlawful to hold or detain another person with force or fear and move them without their consent. Depending on the circumstances, a person convicted of kidnapping could face 3 years in state prison or life without parole. It is a violent felony applicable […]
Los Angeles Assault and Battery Defense Attorney
Both assault and or battery charges can carry severe penalties if convicted. The punishment will depend on the level of injuries the victim suffers as a result or measuring the surrounding circumstances. If the use of a weapon was involved, one can expect even greater custody exposure. However, there are a number of defenses available […]
Obtaining your Formal California Criminal Background Report
Checking your criminal background is just as important as checking your credit score. Some say, “I’ve never been arrested so I don’t need to check.” But would the same person say, “I have never been late on any payment so I don’t need to check my credit score”? Errors on any formal report do occur […]
Why Hiring an Attorney Immediately After Your Arrest is Important
The Sixth Amendment of the California and United States Constitution guarantees an individual the right to an attorney. Importantly however, that guarantee does not attach until your first criminal court appearance. Oftentimes, you may be arrested but formal charges may not be alleged against you for months or even years later. The reason for the […]
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 charges against the accused which impacted his or her ability to defend the charges. Pre-accusation delay (hereinafter “Due Process Motions”) are common among cold-case murders where a criminal defendant is […]
What is a Brady Violation in a Criminal Case?
The landmark case of Brady v. Maryland gave the general rule that a prosecutor must disclose all material evidence which has exculpatory value to the defense as timely as possible. The actual evidence need not be completely exculpatory in which proves the innocence of a criminal defendant, rather evidence in which has a tendency to […]
You Cannot be Punished Twice for the Same Act
California Penal Code 654 expressly provides a safe guard towards constitutional sentencing schemes when an individual is accused of committing multiple crimes stemming from the same or single act. Indeed, the statutes interpretation falls under the 14th Amendment of the California Constitution in that one faces double jeopardy if convicted and sentenced for multiple crimes […]
9,000 Rape Kits are Left Untested in U.S.
An 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 convictions, but importantly to criminal defendant’s standing trial for rape or sexual assault accusations. Moreover, uncorroborated eyewitness accounts or identification is a growing concerning the criminal justice system. The innocence […]
