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…
Lawyer cannot override client’s decision to maintain innocence Roberto Ignacio Flores was charged with attempted murder of a police officer and insisted he was not the driver of the car that injured the officer. His lawyer wanted to admit that Flores was driving the car but that he never formed…
San Francisco’s Red Light Ticket Cameras, designed to take photos of cars that run a red light have not been operating since January, 2019 as they are undergoing replacement by the SFMTA. The SFMTA’s Automated Enforcement Program uses a network of automated cameras to enforce illegal red-light running and illegal…
People v. Aranda; S214116 The California Supreme Court reaffirmed its past holding that a court must accept a partial verdict of acquittal as to a charged greater offense when a jury has expressly indicated it has acquitted on that offense but has deadlocked on uncharged lesser included offenses. [Stone v.…
Lawyer cannot concede client is guilty when client insists on a defense of factual innocence Defendant was found guilty of first degree murder and using a knife in the commission of the crime after his lawyer conceded his guilt of voluntary manslaughter during closing argument. Defendant’s request to replace counsel…