Youth are generally viewed as having less culpability under criminal law than adults who commit similar crimes. The mitigating factors of a defendant’s youth can be used to argue for a court to exercise its discretion to strike enhancements. For example, under section 12022.5, subdivision (c) a court may dismiss…
Definition of Prima Facie Prima Facie is Latin for “at first sight” and means based on what seems to be the truth when first seen or heard. Prima facie may be used as an adjective meaning “sufficient to establish a fact or raise a presumption unless disproved or rebutted.” An…
Trial Court may impose additional release conditions even after a defendant has posted bail In re Webb, 2019 WL 2220410, S247074,May 23, 2019 Bettie Webb was arrested and charged with two felony counts of bringing controlled substances in to state prion and unauthorized possession of a controlled substance in a…
Everyone agrees that driving while distracted is a bad thing. What everyone does not agree on, however, is how best to go about encouraging drivers to put down their cell phones while behind the wheel. Currently, the California legislature is considering a bill that would increase the penalties associated with…
Defendant Sara Arcelia Salcido was in the business of obtaining visas for her clients that would allow them to stay in the United States legally. The Immigration Consultants Act (Bus. & Prof. Code, §§ 22440–22449) (Act) makes it illegal for a person to act as an “immigration consultant” unless they…
Uber and Lyft under increased pressure for more intensive background checks Uber and Lyft have conducted their own background checks on drivers in most states with little or no oversight and have used lobbyists to shape legislation that would regulate how they perform background checks on drivers. However, under a…
Forced blood draw of probationer suspected of DUI does not violate the Fourth Amendment The People, v. Manuel Miramontes Cruz, Jr. F074667, Filed 4/25/2019; 2019 WL 1856600 Probationer with a prior DUI conviction refuses to consent to chemical DUI test Defendant Manuel Miramontes Cruz, Jr., was charged with driving under…
Anthony Taylor filed a habeas petition claiming that his special circumstance finding in a felony murder conviction should be vacated due to insufficient evidence based on recent caselaw. His petition, filed 20 years after finality of direct review, was considered timely because it was brought within a year of that…
Defendants who plead or are found guilty of traffic violations and other misdemeanors are typically assessed court fees and fines under Gov. Code, § 70373, Pen. Code, § 1465.8, and Pen. Code, § 1202.4, Unpaid fines usually go to collections without further order of the court. Courts must determine a…
There are many different bases upon which the DMV may decide that it is proper to suspend your driving privileges. Obviously, one way to maintain your driver’s license is to avoid things that can lead to suspension. Other times, though, when you’re on the wrong end of an improper suspension…