:
Updated:
Dana Stubblefield’s conviction reversed because of Violation of Racial Justice Act
:
Updated:
A gun does not need to be loaded to commit assault with a firearm
:
Updated:
Superior Court had no authority to reduce a wobbler offense
:
Updated:
Authorized possessor can give consent for search of cell phone
:
Updated:
Limitation On Credit To Advance A YouthParole Eligibility Date Do Not Violate Equal Protection Of Law
:
Updated:
CHP Vehicle Impound Procedures Comply With Due Process
:
Updated:
Public Defender’s Removal for RJA Violation upheld
:
Updated:
Gun Violence Restraining Order (GVRO) statute complies with Second Amendment
:
Updated:
Discovery is available prior to filing a petition under the Racial Justice Act
:
Updated:
Due process violation in denying assistance of experts at contested suitability hearing for Sexually Violent Predator (SVP)
:
Updated:
Peace Officer Records are discoverable in 1172.6 Evidentiary Hearing
:
Updated:
Trial court must consider service related PTSD in sentencing
:
Updated:
Court did not abuse its discretion in sentencing to middle term
:
Updated:
Defendant’s voluntary absence from jury selection does not justify a continuance
:
Updated:
EXPERT MAY TESTIFY THAT ALL DRIVERS ARE UNDER THE INFLUENCE AT .05%
:
Updated:
DMV license suspension hearing violated Due Process
:
Updated:
Discovery under Racial Justice Act requires an ongoing court proceeding
:
Updated:
Prima facie showing of violation of Racial Justice Act in trial court requires reversal of murder conviction
:
Updated:
Police do not need any additional justification to order driver out of the vehicle after lawful traffic stop
:
Updated:
Certificate of Probable Cause needed to appeal attorney’s failure to request pretrial mental health diversion
:
Updated:
Restitution for victim can be ascertained and imposed even after probation terminated
:
Updated:
Misuse of tablets issued to CDCR inmates is not computer fraud or grounds to deny access to computers
:
Updated:
Social Media Companies are Not Immune to Subpoenas
:
Updated:
Dismissal of charges for violation of right to speedy trial based on COVID-19 pandemic
:
Updated:
Unfair to require indigent homeless women to defend both criminal and civil cases for living in city park
:
Updated:
Sexually Violent Predator Cannot be Compelled to be Interviewed before Trial
:
Updated:
Jury may draw an adverse inference of consciousness of guilt based on refusal to consent to a chemical test after DUI arrest
:
Updated:
DUI Causing Injury Is a Necessarily Included Offense of Vehicular Manslaughter While Intoxicated but Court but Court can Impose the Greater Sentence under DUI
:
Updated:
A Certificate of Rehabilitation Cannot be Denied because of the Crime
:
Updated:
Amount that insurer is expected to pay value of future medical care is relevant in determining damages for auto accident
:
Updated:
No implied malice murder for car accident that blocked traffic
:
Updated:
Restitution for fleeing scene of accident cannot be modified after termination of probation
:
Updated:
Warrantless Search of Defendant’s Truck Did Not Fall Within Scope of Inventory Search Exception
:
Updated:
Prosecutor’s reasons for peremptory strike of Black juror were improper and required explanation
:
Updated:
Before Officers May Detain Someone They Must Be Able To Articulate A Legally Cognizable Reason
:
Updated:
Trial court has no authority to modify restitution after termination of probation
:
Updated:
Gross Vehicular Manslaughter While Intoxicated Is Not A Lesser Included Offense Of Murder
:
Updated:
Discretion To Dismiss An Enhancement Does Not Apply To Allow The Court To Strike The Jury’s Premeditation And Deliberation Finding
:
Updated:
Due process violated when DMV Hearing Officer acts as an advocate
:
Updated:
Liquor store held to be a public nuisance under the drug house law
:
Updated:
Traffic stop resulting in recovery of a gun and drugs was not unduly prolonged
:
Updated:
Unlawful detention of driver in a parked car requires suppression of evidence found in search
:
Updated:
Search of parolee’s car following unlawful detainer was not consensual
:
Updated:
Misdemeanor DUI is Eligible for Mental Health Diversion
:
Updated:
Implicit Bias Can Violate the Racial Justice Act
:
Updated:
Warrantless search of city streetlight camera footage does not violate Fourth Amendment
:
Updated:
Burden of proof for Evidentiary Hearing under the Racial Justice Act met through statistical evidence of past discrimination
:
Updated:
Hit and Run Conviction not Supported by Evidence
:
Updated:
Failure to Provide Proper Notice Under CalECPA Does Not Warrant Suppression of Cell Phone Records
:
Updated:
Stayed Prison Priors Are Imposed
:
Updated:
Denial of Mental Health Diversion must be supported by substantial evidence
:
Updated:
A defense attorney’s advice to a defendant to “speak how you speak” does not indicate racial bias to support a violation of the RJA
:
Updated:
No exigent circumstances for warrantless blood draw from unconscious driver suspected of DUI 90 minutes after accident
:
Updated:
A remittitur for a new trial is filed when received by the court clerk and starts the 60 day speedy trial right
:
Updated:
Denial of right to counsel of choice is a structural error requiring reversal of conviction
:
Updated:
Inevitable discovery doctrine applies to vehicle search
:
Updated:
DMV license suspension upheld where blood collection for BAC test did not comply with regulations
:
Updated:
Separate Punishment For Both Domestic Violence And Simple Assault Violate PC 654
:
Updated:
“Circumstances in aggravation” used to impose a sentence greater than the middle term refers to the factors listed in California Court Rule 4.421,
:
Updated:
Promise of leniency by police officer not to tow car invalidates consent to search
:
Updated:
Right To Fair Trial Not Violated By Use Of Face Masks During Trial
:
Updated:
Harmless Error in Permitting Remote Jury Deliberations
:
Updated:
Defendant must show prejudice by loss of evidence for case to be dismissed
:
Updated:
The RJA does not violate article VI, section 13 of the California Constitution
:
Updated:
Domestic Violence Restraining Order properly issued based on coercive control
:
Updated:
Seven minute detention for traffic stop was not unlawfully prolonged
:
Updated:
A defendant accused of fleeing the scene under cannot rely on voluntary intoxication to negate required knowledge of the accident
:
Updated:
San Francisco District Attorney Brooke Jenkins statements result in recusal of office from prosecution
:
Updated:
Police stop for being parked in a “high crime area” is a prima facie violation of Racial Justice Act
:
Updated:
Court has no authority to release person on lifetime parole to probation on plea bargain
:
Updated:
Superior Court has no pre-trial authority to reduce a felony wobbler to a misdemeanor
:
Updated:
Detention for traffic stop is unlawfully prolonged once officer determines there is no violation
:
Updated:
San Francisco warrantless tows of vehicles with unpaid parking tickets violates the Fourth Amendment and due process
:
Updated:
Automobile exception to warrantless search of passenger compartment does not extend to the trunk without probable cause
:
Updated:
Murder conviction upheld where participant in a gun battle did not fire the fatal shot, but contributed substantially and concurrently to the victim’s death
:
Updated:
Lack of courtrooms is not good cause to extend section 1382’s speedy trial deadline
:
Updated:
California’s concealed carry licensing framework is Constitutional
:
Updated:
Conviction of evading a police officer proximately causing death under Vehicle Code section 2800.3 is not entitled to relief under section 1172.6
:
Updated:
Pretrial detention order must be based on individualized assessment
:
Updated:
Mental Health Diversion must be requested before attachment of jeopardy at trial or the entry of a guilty or no contest plea
:
Updated:
Taxpayer suit against San Francisco Courts for criminal trial delays to go forward
:
Updated:
Court finds no evidence to support governor’s reversal of Van Houten parole grant
:
Updated:
170.6 challenge brought in habeas challenging conditions of confinement is untimely
:
Updated:
Failure to instruct that the alleged predicate offenses must have “commonly benefited” a gang in a “more than reputational” manner was not harmless error
:
Updated:
Public Defender Petitions Supreme Court over Trial Delays
:
Updated:
DUI murder conviction under implied malice is not eligible for resentencing under PC 1172.6
:
Updated:
Granting a Penal Code section 1473.7 motion to vacate a conviction and withdraw a plea does not require dismissal of the criminal complaint
:
Updated:
Plea to conviction requiring mandatory deportation vacated under under Penal Code section 1473.7
:
Updated:
Police Officer Testimony by Telephone at DMV Administrative Hearing is Improper when Driver Objects
:
Updated:
Plea accepted without understanding immigration consequences may be vacated
:
Updated:
Good cause found for speedy trial violations in San Francisco
:
Updated:
Time during which probation was summarily revoked can be tacked on to the term when probation is reinstated
:
Updated:
No presumption created by factors that court must weigh heavily in favor of dismissing enhancements
:
Updated:
Implied Malice Remains A Valid Theory Of Liability For Aiders And Abettors To Murder
:
Updated:
Is a prison “kite” protected by the attorney-client privilege?
:
Updated:
New Criminal Laws 2023
:
Updated:
A prosecutor’s jury selection notes are not shielded from disclosure in postconviction proceedings that raise a Batson claim
:
Updated:
Police lighting up a car does not constitute detention
:
Updated:
SB 567 must be applied retroactively
:
Updated:
A Franklin Hearing does affect finality of judgment for resentencing
:
Updated:
Youth is a factor in totality of circumstances in determining major participant who acted with reckless indifference to human life
:
Updated:
Court applied wrong standard in denying Veteran mental health diversion
:
Updated:
Warrantless car search upheld where smell of burnt marijuana
:
Updated:
Remand for resentencing required under SB 467 after imposition of upper term where case was not final
:
Updated:
Jury instructions which allow conviction based on imputed malice establish a prima facile case for resentencing under 1172.6
:
Updated:
Decision by CDCR Secretary to rescind recommendation of recall of sentence does not moot appeal
:
Updated:
Police cannot search car’s locked glove box during parole search of backseat passenger
:
Updated:
Defendant who overdosed on drugs found to be voluntarily absent from trial
:
Updated:
Confession given by 18-year old after spending night in a holding cell ruled involuntary
:
Updated:
1172.1 Presumption For Recalling And Resentencing Is Not A Presumption As To A Particular Sentence
:
Updated:
No unqualified right to Pretrial Release or affordable bail
:
Updated:
Following Proposition 36, a sentencing court retains its Hendrix concurrent sentencing discretion
:
Updated:
Petition for factual innocence filed 12 years after arrest was untimely and not supported by good cause
:
Updated:
When part of a sentence is stricken on review, on remand for resentencing a full resentencing as to all counts is appropriate
:
Updated:
California Racial Justice Act of 2020 Applies to Defendants who are resentenced
:
Updated:
Arrest For DUI And Release On Notice To Appear Does Not Constitute Restraint For Right To Speedy Trial
:
Updated:
A trial court is not bound by a stipulation that a petitioner is entitled to resentencing for murder under 1172.6
:
Updated:
Prisoner at parole rescission hearing has a right to call witnesses
:
Updated:
Implied Malice in Directly Aiding and Abetting a Murder is a Valid Theory
:
Updated:
Statements made to Psychologist for Parole Hearing Report Are Admissible at 1172.6 Evidentiary Hearing
:
Updated:
Direct Aiding And Abetting of Implied Malice Murder Is a Valid Theory Of Murder
:
Updated:
Youth offenders sentenced to LWOP are entitled to Youth Offender Parole Hearing and Franklin Hearing
:
Updated:
Dismissal of charges not the remedy for unreasonable delay in notifying prisoner of California detainer
:
Updated:
District Attorney may be recused for hostility to Black Lives Matter
:
Updated:
Trial court has discretion to impose a lesser uncharged firearm enhancement
:
Updated:
Civil settlement in a civil case does not discharge obligation to pay restitution in the criminal case
:
Updated:
New Criminal Legislation effective January 2023
:
Updated:
Cal. Penal Code §§ 25400(A)(1), §§ 25850(A), and 25850(C)(6) are likely invalid under US Supreme Court decision in BRUEN which makes public carrying of firearms presumptively legal
:
Updated:
No First Amendment Right to Unseal Search Warrants
:
Updated:
Juvenile offenders sentenced to de facto life without parole sentences may petition for resentencing
:
Updated:
District Attorney Lacks Standing to Challenge SB 394 Parole Hearings for 16 or 17 year-olds Sentenced to LWOP
:
Updated:
California prisoners can be convicted of conspiracy to deliver a cell phone to an inmate
:
Updated:
Resentencing Relief Under Section 1172.6 Is Not Available To An “Actual Killer”
:
Updated:
Prosecutors use of inconsistent theories about identity of a shooter did not violate due process
:
Updated:
Force likely assault and assault with a deadly weapon different statements of the same offense
:
Updated:
Mistake of fact need not be reasonable to negate specific intent for burglary
:
Updated:
Mandatory Resentencing under section 1172.6 does not apply where a negative finding on one special circumstances allegation does not negate potential murder liability on other viable theories
:
Updated:
A Previous Finding of Major Participant Does Not Bar SB1437 Relief
:
Updated:
Conviction under Felony Murder overturned where kidnap victim killed after jumping from car
:
Updated:
Trial court may consider more than one preliminary hearing record in ruling on a section 995 motion
:
Updated:
Restitution Order Remains if Effect Even After Early Termination of Probation
:
Updated:
Appellate Court Holds DUI Ineligible for Diversion
:
Updated:
Trial court may rely on statements made to the the parole board in a resentencing hearing
:
Updated:
Trial court dismissal of prior strikes was unreasonable
:
Updated:
Vehicle Code section 2800.2 subdivision (a) does not require jail time when probation is granted
:
Updated:
Ameliorative changes to Penal Code 1170 favoring lower or middle term apply retroactively
:
Updated:
Burden on defendant to show he qualifies for mental health diversion
:
Updated:
Unlawfully prolonged traffic stop violates Fourth Amendment
:
Updated:
Driving while impaired from marijuana supports 2nd degree murder conviction
:
Updated:
AB 333 -changes to gang enhancements is fully retroactive to all non-final judgments
:
Updated:
Condition of probation imposing treatment program as directed by probation officer is unconstitutional
:
Updated:
Erroneous kill zone instruction requires reversal
:
Updated:
Impairment from marijuana while driving supports implied malice for murder
:
Updated:
Prosecutors have a mandatory duty to allege strikes
:
Updated:
Proposition 57 Applies to Resentencing
:
Updated:
Appellate Court Holds Misdemeanor DUI not eligible for Diversion under Penal Code section 1001.95
:
Updated:
Belief criminal justice system treats African Americans unfairly not grounds for juror exclusion
:
Updated:
Resisting a police officer is not a lesser included offense of wanton disregard while fleeing
:
Updated:
Attempted murder convictions reversed due to instruction in natural and probable consequences
:
Updated:
San Francisco Drug Injunctions Are Unconstitutional
:
Updated:
Parole hearing testimony may be used in 1170.95 evidentiary hearing
:
Updated:
Sentence of LWOP for a 16-year old does not violate 8th Amendment
:
Updated:
Patdown Search of Detained Suspect For Weapons Requires Specific Facts
:
Updated:
DMV’s Administrative Hearings to Suspend Licenses after DUI’s Violates Due Process
:
Updated:
AB 124-Sentencing to lower term for childhood trauma-applies retroactively
:
Updated:
Resentencing procedures under 1170.03 require notice, appointment of counsel and a hearing
:
Updated:
Court may not dismiss resentencing petition under 1170.95 based on statement of facts in appellate court decision
:
Updated:
Parole cannot be shortened due to excess incarceration
:
Updated:
Bail must always be set in an amount that a defendant can afford
:
Updated:
Diversion is not available for Misdemeanor Drunk Driving
:
Updated:
COVID pandemic justified suspension of right to speedy trial
:
Updated:
Attorney’s duty of candor requires disclosing opposing legal authority
:
Updated:
Dismissal Of A Special Circumstance Is Equivalent to An Acquittal Under Felony Murder
:
Updated:
Mistake of fact can negate an element of a crime
:
Updated:
Change in gang enhancements applies retroactively
:
Updated:
The Sixth Amendment’s Confrontation Clause is violated by admission of third party’s plea agreement
:
Updated:
Limit in imposition of high term for felonies (SB 567) applies retroactively
:
Updated:
Courts may strike firearm enhancements
:
Updated:
Branded Title and Restitution
:
Updated:
Unreasonable risk of danger to public safety justifies denial of resentencing
:
Updated:
Diversion not available for misdemeanor drunk driving
:
Updated:
SB 483 retroactively makes enhancements for prior prison terms and some drug enhancements invalid
:
Updated:
Warrantless blood draw from suspect in DUI justified by medical emergency
:
Updated:
Court Cannot Summarily Deny A Youthful Offender A Franklin Hearing
:
Updated:
Multiple convictions for assault and evading police officers barred when arising from same objective
:
Updated:
SB 775-Resentencing for aiding and abetting attempted murder or manslaughter
:
Updated:
Bench Warrant Can Issue Even Without Showing Defendant Had Notice
:
Updated:
Parole violation of lifetime parolees requires written report by parole agency
:
Updated:
A voluntary manslaughter jury instruction is required, where objective circumstances supporting imperfect self defense, even if delusional
:
Updated:
Court cannot summarily dismiss petition for resentencing based on preliminary hearing transcript
:
Updated:
Evidence seized as a result of an unlawful detention must be suppressed
:
Updated:
AB 1950, limiting the length of probation to 2 years (PC 1203.1), applies retroactively to all cases not yet final on appeal
:
Updated:
Prison Officials Must Accept Summons by Prisoner in Personal Injury Lawsuit against Another Prisoner
:
Updated:
Five-Year Enhancements for prior serious felony convictions may now be struck at resentencing
:
Updated:
Exclusion of LWOP from eligibility for Youth Offender Parole Hearing Does not Violate Equal Protection
:
Updated:
Recommendation for resentencing by Secretary of CDCR gives prisoner due process right to notice, to be heard as reasons for court’s decision
:
Updated:
Jury misconduct to consider the sentence to break a deadlock
:
Updated:
Deliberate failure to collect evidence violates due process
:
Updated:
Court may review a prison disciplinary violation in habeas as long as it can provide meaningful relief
:
Updated:
Recall of sentence recommendation creates a substantial liberty interest with right to notice and to present information to the court
:
Updated:
Exclusion of juror for support of BLM was discriminatory
:
Updated:
Constitutional challenge to parking tickets in SanFrancisco
:
Updated:
Drunk driving under Vehicle 23152(a) and 23152(b) are separate offenses and a driver may be convicted of both
:
Updated:
Collection of DNA from felony arrestees does not violate the Fourth Amendment
:
Updated:
Parole period for crimes other than sex offenses and those carrying life terms limited to two years under section 3000.01
:
Updated:
Judicial Diversion for Misdemeanor DUI- depends on the county
:
Updated:
Elimination of the Probation Supervision Fee under PC 1465.9 Applies Retroactively
:
Updated:
Challenges to reasonableness of mandatory supervision conditions are evaluated under the Lent Standard for probation conditions
:
Updated:
Prisoners entitled to appointment of counsel when making a prima facie case under SB 1437
:
Updated:
DUI probationary period is not shortened by AB 1950
:
Updated:
Veterans sentenced to indeterminate terms are not eligible for resentencing under section 1170.911
:
Updated:
Juveniles pre-arrest statements made to police violate Miranda
:
Updated:
Outstanding Warrant Exception to Exclusionary Rule Applied to Officer’s Illegal Detention of Defendant
:
Updated:
Trial court must give notice and opportunity to be heard before recalling a sentence under 1170(d)
:
Updated:
Entry into a detached garage is not first degree burglary
:
Updated:
Sentencing a mentally disabled person to 63 years is not cruel and unusual punishment
:
Updated:
Case is not final if defendant is on probation with a suspended sentence
:
Updated:
What is excessive punishment under the constitution?
:
Updated:
Warrantless search of cell phone seized from car left at a shooting upheld
:
Updated:
No dismissal of non-felony motor vehicle charges when defendant is charged in a single action and sentenced to prison
:
Updated:
Prosecutor May Vacate Plea Bargain When Prison Priors Are Struck
:
Updated:
Prosecution must prove beyond a reasonable doubt murder conviction under vicarious liability conviction is valid under a viable theory
:
Updated:
Reckless Driving (§ 23103) is Not a Lesser Included Offense of Felony Evasion of a Peace Officer
:
Updated:
Court abused its discretion in denying mental health diversion
:
Updated:
LWOP offenders may be denied Youthful Offender Parole Hearing
:
Updated:
Felony-murder special-circumstance finding does not bar section 1170.95 relief.
:
Updated:
Federal Court finds systemic violations in CDCR’s misuse of confidential information
:
Updated:
Recording a phone call without the other party’s consent is a crime (Penal Code section 632.7(a)
:
Updated:
A Car Accident Can Result in a Conviction for Assault with a Deadly Weapon
:
Updated:
Resisting arrest requires that police are acting lawfully
:
Updated:
California Supreme Court Affirms Right To Affordable Bail
:
Updated:
Restitution for civil attorney fees paid by a victim may be ordered in a criminal case
:
Updated:
US Supreme Court: Non Permanent Residents Must Show They Were Not Convicted Of A Crime Of Moral Turpitude in Immigration Removal Proceedings
:
Updated:
Court Room Zoom Etiquette
:
Updated:
Attempted DUI with priors is a felony
:
Updated:
Lifer Granted Elderly Parole Need Not Serve Sentence For In-Prison Conduct
:
Updated:
DMV may use blood test results to suspend licenses even if there is a violation of blood test regulations
:
Updated:
1437 proceedings: At prima facie stage trial court should not determine facts to dismiss the petition
:
Updated:
Decision of Court of Appeal is part of the Record of Conviction in a 1170.95 Hearing
:
Updated:
Trail Court Must Evaluate Prosecution’s Reasons for Exclusion of Black Jurors
:
Updated:
Lifers entitled to habeas relief for excessive incarceration must serve parole period
:
Updated:
Malice not required for felony murder of a peace officer
:
Updated:
A limited waiver of the 60-day deadline for a preliminary hearing must be enforced
:
Updated:
2021-22 Governor’s Budget Summary for The California Department of Corrections and Rehabilitation (CDCR)
:
Updated:
California Supreme Court: CDCR must make nonviolent offender parole consideration available to inmates convicted of registerable sex offenses
:
Updated:
Resentencing of veterans under Section 1170.91 Is Unavailable in a Plea Bargain to a Stipulated Term of Years
:
Updated:
Supreme Court Hold SB 1437 bars a conviction for second degree murder under the natural and probable consequences doctrine
:
Updated:
DUI Defendants Ineligible For Pretrial Mental Health Diversion
:
Updated:
AB 3234: New Law Allows Diversion for Most Misdemeanors; Expands Elderly Parole Eligibility
:
Updated:
Court of Appeal rules that lawful possession of marijuana does not provide probable cause to search a vehicle
:
Updated:
Conduct credits earned in CDCR cannot be applied to reduce a prisoner’s nonviolent parole eligible date (Prop. 57)
:
Updated:
Youthful Offenders Sentenced to LWOP Not Entitled to a Youth Offender Parole Hearing
:
Updated:
Grand theft conviction reduced to petty theft based on fair market value of merchandise
:
Updated:
Court Of Appeal Finds Mentally Ill Defendant Received Ineffective Assistance of Counsel Comments on over-incarceration of mentally ilL
:
Updated:
Penal Code 1170.94 did not abolish implied malice for a DUI Murder
:
Updated:
San Quentin Prison acted with deliberate indifference, failing to protect inmates from COVID-19
:
Updated:
Veterans with military related trauma eligible for resentencing if sentenced before January 1,2015
:
Updated:
Pre-sentence Conduct Credits Earned in County Jail
:
Updated:
Re-sentencing under 1170(d)-limits to court’s authority
:
Updated:
Liberty interest in recommendation for re-sentencing under PC 1170(d) gives right to present information to court
:
Updated:
A conviction set aside pursuant to section 1210.1, subdivision (e)(1), still exists for some purposes and the arrest cannot be sealed
:
Updated:
The Right to Counsel Under Section 1170.95 Attaches Upon the Filing of a Facially Sufficient Petition
:
Updated:
Murder conviction reversed because trail court excluded significant evidence of the victim’s violent character
:
Updated:
California Supreme Court states financial circumstances must be considered in setting bail (Humphrey)
:
Updated:
Odor and unsealed bag of marijuana in car provide probable cause to search the passenger’s purse.
:
Updated:
Confrontation clause requires that the scientist who performed a drug analysis testify
:
Updated:
Enhancements for drug priors must be stricken if not final on appeal: For plea bargains-a new deal must be reached
:
Updated:
Marin County Superior Court sets briefing schedule for San Quentin COVID 19 habeas petitions
:
Updated:
Timeliness in filing a habeas action: Supreme Court rules 120 days between filing is not substantial delay.
:
Updated:
City of Berkeley Approves Measure Removing Police From Traffic Stops
:
Updated:
Remand to strike enhancements can void plea bargain
:
Updated:
Resumption of DMV Road Tests
:
Updated:
Prosecutor in infraction trial need not appear to oppose motion to suppress
:
Updated:
Murder Conviction for Drunk Driving Reversed For Allowing Surprise Expert Testimony
:
Updated:
COVID-19 Pilot Program: Reduced Fines for a Guilty Plea-why it’s a bad deal for most drivers.
:
Updated:
Supreme Court reverses conviction: DA impermissibly vouched for officer’s veracity
:
Updated:
San Francisco conviction overturned: Warrantless detention is not supported by collective knowledge of police.
:
Updated:
Tickets for speeding over 100 mph up 87% during COVID-19 Quarantine; DMV expands online services
:
Updated:
Officer’s failure to give implied consent admonition for a DUI blood test does not make a driver’s voluntary consent invalid
:
Updated:
A small amount of marijuana in a sealed container in a car is legal and does not justify a search
:
Updated:
Great Bodily Injury Defined
:
Updated:
Murder conviction must be reversed where jury relied on impermissible theory to convict
:
Updated:
Driving carefully while being observed by the police is not grounds for a traffic stop
:
Updated:
SB 1437 hearings in SF Superior Court Dept 25
:
Updated:
Re-sentencing under Penalty Code section 1170.95 applies only to murder convictions-not manslaughter
:
Updated:
What to do if your DMV record shows an infraction for which you went to Traffic School
:
Updated:
Incidental movement of a victim during a robbery is not kidnapping
:
Updated:
Establishing a prima Facie Case for relief under SB 1437
:
Updated:
Right to confront witnesses violated when computer monitors blocks defendant’s view of a witness
:
Updated:
Driver did not waive doctor-patient privilege by admitting he was on medication
:
Updated:
Certificate of probable cause not needed to appeal court’s failure to strike mandatory felony enhancements before SB 1393 enacted
:
Updated:
Evidence of mitigation for youthful offenders ordered by Court of Appeal
:
Updated:
Defendant must pay funeral expenses for his victim who died during a fight
:
Updated:
Police need a warrant to enter a home when shots are fired in a high crime area
:
Updated:
SB 1437 applies to attempted murder convictions based on the natural and probable consequences doctrine
:
Updated:
Pre-trial defendants in county authorized home-detention programs are entitled to custody credits
:
Updated:
Police may seize a dashboard camera without a warrant after an accident
:
Updated:
Appeal of suspension after DMV Hearing finds DMV acted properly
:
Updated:
Public Defender cannot be appointed on People’s appeal of a suppression order in a misdemeanor case
:
Updated:
Trial court erred in dismissing re-sentencing petition for felony murder
:
Updated:
Police cannot automatically conduct a pat down search of a robbery suspect for weapons
:
Updated:
A complaint dismissed for prosecutorial vindictiveness cannot be refiled
:
Updated:
Prosecution Must Justify a Delay in Charging a Defendant When Prejudice Has Been Shown
:
Updated:
Mayor Breed Calls for Closure of SF County Jail #4 by 2021
:
Updated:
Receiving a Stolen Vehicle Valued at $950 or Less May be Treated as a Misdemeanor under Prop. 47
:
Updated:
Suppression Of Illegally Obtained Evidence Cannot Be Litigated On A Motion To Dismiss Under Section 991
:
Updated:
Franklin Proceedings available to juvenile lifers sentenced after People v. Franklin (2016) was decided.
:
Updated:
Presence of a small amount of marijuana in a car does not provide probable cause for a vehicle search.
:
Updated:
California Court of Appeal Rules Possession of Burglary Tools Includes Constructive Possession
:
Updated:
Parole Hearing Transcripts Are Not Part of Record of Conviction in SB 1437 Hearings
:
Updated:
Aider and abettor found guilty of felony-murder special circumstance is not eligible for re-sentencing under SB 1437
:
Updated:
Hearsay Admissible to Deny Dismissal or Reduction of Marijuana Convictions under Proposition 6
:
Updated:
Paramount Duty of Prosecutors is to Provide a Fair Trial-Not Obtain Convictions
:
Updated:
Counsel Must Be Appointed on Immigration Motion to Vacate a Conviction
:
Updated:
Flight in a high crime area does not give police probable cause to detain
:
Updated:
Correction of a sentencing error is not “resentencing” a defendant but merely “correcting an abstract of judgment”
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Requiring a DUI suspect to perform field sobriety tests does not violate the Fifth Amendment
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Governor Newsom Appoints New DMV Director from Silicon Valley
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Drug conviction does not necessarily result in removal order for undocumented immigrants
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US Supreme Court: Right to jury trial for parole violation that results in a mandatory minimum
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What fear in the victim is necessary for an act to be a robbery and not a theft?
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Supreme Court overturns death sentence because of race based exclusion of Black jurors
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Can a Pardon by the Governor Prevent Deportation?
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A Child Safety Restraint Ticket Can Cost You a Point on Your California License
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Right to privacy: Can police demand your cell-phone passcode
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Youth as a Mitigating Factor in Criminal Defense
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The Term “Prima Facie” In The Context Of Habeas Petitions and SB 1437
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Latest Criminal Cases
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California Lawmakers Consider Adding DMV Point Penalties for Drivers Distracted by Cell Phones
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Federal Law does not preempt California’s Immigration Consultant’s Act
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How an expungement of a criminal conviction may help you drive for Uber and Lyft
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New Criminal Case Law
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Habeas Petition Granted to Vacate Special Circumstances In Felony Murder Conviction
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Using criminal process to collect court fees and assessments from indigents is unconstitutional
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The Consequences for Your Driver’s License if You Fail to Appear for Your California Traffic Court Date
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New Criminal Cases Law
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Replacement of Right Light Ticket Cameras in San Francisco
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California Supreme Court rules that a partial verdict of acquittal on first degree murder prevents retrial on that charge
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Recent Criminal Case Law
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What is a ‘Form DS 326’ and What Should I Do if the California DMV Asks Me to Submit One?
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Supreme Court: 8th Amendment bars execution of prisoner with dementia
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How Body Worn Cameras can help you get a criminal charge dismissed
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Recall of a criminal sentence PC § 1170
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Recent Criminal Case Law
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The Do’s and Don’ts of Responding to a Notice of Re-Examination from the California DMV
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U.S. Supreme Court rules that the excessive fines clause applies to the states and civil foreiftures
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California Supreme Court overturns death sentence because trial court improperly excused four jurors
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Court can order District Attorney to grant immunity to a witnesses if the testimony is clearly exculpatory and essential
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New Criminal Laws 2019
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Defense attorney does not need to disclose information about a witness that he does not call to testify
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When Points on Your California License Can Lead to Suspension — And What You Can Do to Avoid That
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No Probable Cause to Search a Car if an Officer Smells Unmoked Marijuana
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New Laws Affecting Motorists
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Criminal Justice Administrative Fees: San Francisco owes refunds to thousands
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The California DMV Has Suspended Your Driver’s License for Lapses of Consciousness–Now What?
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Lawyers Can Sue DMV to Challenge Fairness of Administrative Per Se Hearings
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Removing Barriers to Employment from Criminal Records
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Felony-Murder For Aiders and Abettors Ended by Senate Bill 1437
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When the California DMV Can Take Your License Based on Your Medical Condition and What You Can Do About It
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What Can I Do if the California DMV Has Accused Me of Cheating in the Completion of My Written Driving Exam?
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How Road Rage Has the Potential to Negatively Impact Your California Driver’s License
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The Difference Between a Lack-of-Skill Interview and a Lack-of-Skill Hearing and What These Processes Mean to Your California Driving Privileges
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A Police Officer May Offer an Opinion on Intoxication based on a Field Sobriety Test
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What is a ‘Special Instruction Permit’ in California and How Can This Permit Option Potentially Help Me?
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What is a ‘Lack of Skill’ Driver’s License Suspension in California and What Can I Do to Avoid It?
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‘Implied Consent’ and How You Possibly Can Avoid a Suspension of Your California Driver’s License for Failing to Provide an Adequate Breath or Blood Sample
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Governor Brown Announces an Audit of the DMV Amid Skyrocketing Wait Times at the Agency’s Offices
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How Can I Remove Points from My California Driver’s License or Avoid Points Altogether?
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Governor Brown Signs Bail Reform Bill, Meaning that California Will Abolish Cash Bail as of October 2019
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What to Do If You’ve Been Charged with Driving at a Speed of 100 MPH or More in California
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California’s Negligent Operator Treatment System, and What You Can Do if the DMV Suspends Your License
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You Can Fight Your Bay Area Speeding Ticket, Regardless of What Technology the Officer Used to ‘Clock’ Your Speed
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What Exactly is a ‘Speedy Trial’ and How Can Demanding One Impact Your California Domestic Violence Case?
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What is an Expungement, How Can it Help Me, and How Do I Go About Obtaining One in California?
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One Bay Area Driver Recently Tried a Unique Argument to Try to Dodge a Speeding Ticket. It Didn’t Work.
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What to Do When You’re Been Arrested for Felony DUI in the Bay Area
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A California Driver’s Statements to Police Ultimately Undermine His DMV Action Seeking the Reversal of His License Suspension
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New Bill Effective July 1 Changes the California’s Legal Limit for a DUI Charge for People Operating as Rideshare Drivers
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San Diego Man Gets Jail Time for DUI Charges that He Dodged for 6+ Years, According to News Report
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The California DMV Has Suspended My License. What Options Do I Have to Get Back on the Road?
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Negotiating a Plea Agreement to Resolve Your California Domestic Violence Case
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You Can No Longer Lose Your License for Unpaid Traffic Fines, But Don’t Just Ignore an Unpaid Traffic Ticket in California
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Military Diversion: One Extra Option Available to Some Veterans Charged with DUI in California
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When Blood Evidence Collected Without a Warrant Should Be Excluded in a California DUI Trial
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Countering the Trial Strategies of the Prosecution in Your California Criminal Trial
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New California Legislation Could Limit Immigration Questions in Unrelated Court Cases
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When Is (or Isn’t) a Warrantless Police Search of an Impounded Vehicle Allowable in California?
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What You Can (and Cannot) Be Ordered to Pay For as Part of Restitution in a California Domestic Violence Case
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A California Criminal Defendant Who Handled His Own Defense Shows Why That’s Often Not a Good Idea
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The Limits of Consent in a California DUI Case and How Those Limits May Entitle You to the Suppression of Test Results
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How Very Small Details Can Potentially Make a Very Big Difference in Your California Criminal Case
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What You Should Do (and What Not to Do) When you Receive a Speeding Ticket in California
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How the Police’s Failure to Give You an Admonition Can Help You in Your California DMV Case
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Immigrant’s 2001 California Misdemeanor Plea Deal Proves Harmful in Deportation Case
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How the Fourth Amendment May Help You Keep a Warrantless Blood Test’s Results out of Your California DUI Case
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How a Lack of ‘Free and Voluntary’ Consent Can Help You Get Your Blood Test Results Thrown Out of Your California DUI Case
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New Traffic School for Bicyclists Opens in California
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The Risks You Take When You Handle Your DMV Driver’s License Suspension Case On Your Own Without a San Francisco Attorney
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The Difference Between Domestic Battery and Simple Battery in California
San Francisco Criminal Lawyer Blog