A limited waiver of the 60-day deadline for a preliminary hearing must be enforced
2021-22 Governor’s Budget Summary for The California Department of Corrections and Rehabilitation (CDCR)
California Supreme Court: CDCR must make nonviolent offender parole consideration available to inmates convicted of registerable sex offenses
Resentencing of veterans under Section 1170.91 Is Unavailable in a Plea Bargain to a Stipulated Term of Years
Supreme Court Hold SB 1437 bars a conviction for second degree murder under the natural and probable consequences doctrine
DUI Defendants Ineligible For Pretrial Mental Health Diversion
AB 3234: New Law Allows Diversion for Most Misdemeanors; Expands Elderly Parole Eligibility
Court of Appeal rules that lawful possession of marijuana does not provide probable cause to search a vehicle
Conduct credits earned in CDCR cannot be applied to reduce a prisoner’s nonviolent parole eligible date (Prop. 57)
Youthful Offenders Sentenced to LWOP Not Entitled to a Youth Offender Parole Hearing
Grand theft conviction reduced to petty theft based on fair market value of merchandise
Court Of Appeal Finds Mentally Ill Defendant Received Ineffective Assistance of Counsel Comments on over-incarceration of mentally ilL
Penal Code 1170.94 did not abolish implied malice for a DUI Murder
San Quentin Prison acted with deliberate indifference, failing to protect inmates from COVID-19
Veterans with military related trauma eligible for resentencing if sentenced before January 1,2015
Pre-sentence Conduct Credits Earned in County Jail
Re-sentencing under 1170(d)-limits to court’s authority
Liberty interest in recommendation for re-sentencing under PC 1170(d) gives right to present information to court
A conviction set aside pursuant to section 1210.1, subdivision (e)(1), still exists for some purposes and the arrest cannot be sealed
The Right to Counsel Under Section 1170.95 Attaches Upon the Filing of a Facially Sufficient Petition
Murder conviction reversed because trail court excluded significant evidence of the victim’s violent character
California Supreme Court states financial circumstances must be considered in setting bail (Humphrey)
Odor and unsealed bag of marijuana in car provide probable cause to search the passenger’s purse.
Confrontation clause requires that the scientist who performed a drug analysis testify
Enhancements for drug priors must be stricken if not final on appeal: For plea bargains-a new deal must be reached
Marin County Superior Court sets briefing schedule for San Quentin COVID 19 habeas petitions
Timeliness in filing a habeas action: Supreme Court rules 120 days between filing is not substantial delay.
City of Berkeley Approves Measure Removing Police From Traffic Stops
Remand to strike enhancements can void plea bargain
Resumption of DMV Road Tests
Prosecutor in infraction trial need not appear to oppose motion to suppress
Murder Conviction for Drunk Driving Reversed For Allowing Surprise Expert Testimony
COVID-19 Pilot Program: Reduced Fines for a Guilty Plea-why it’s a bad deal for most drivers.
Supreme Court reverses conviction: DA impermissibly vouched for officer’s veracity
San Francisco conviction overturned: Warrantless detention is not supported by collective knowledge of police.
Tickets for speeding over 100 mph up 87% during COVID-19 Quarantine; DMV expands online services
Officer’s failure to give implied consent admonition for a DUI blood test does not make a driver’s voluntary consent invalid
A small amount of marijuana in a sealed container in a car is legal and does not justify a search
Great Bodily Injury Defined
Murder conviction must be reversed where jury relied on impermissible theory to convict
Driving carefully while being observed by the police is not grounds for a traffic stop
SB 1437 hearings in SF Superior Court Dept 25
Re-sentencing under Penalty Code section 1170.95 applies only to murder convictions-not manslaughter
What to do if your DMV record shows an infraction for which you went to Traffic School
Incidental movement of a victim during a robbery is not kidnapping
Establishing a prima Facie Case for relief under SB 1437
Right to confront witnesses violated when computer monitors blocks defendant’s view of a witness
Driver did not waive doctor-patient privilege by admitting he was on medication
Certificate of probable cause not needed to appeal court’s failure to strike mandatory felony enhancements before SB 1393 enacted
Evidence of mitigation for youthful offenders ordered by Court of Appeal
Defendant must pay funeral expenses for his victim who died during a fight
Police need a warrant to enter a home when shots are fired in a high crime area
SB 1437 applies to attempted murder convictions based on the natural and probable consequences doctrine
Pre-trial defendants in county authorized home-detention programs are entitled to custody credits
Police may seize a dashboard camera without a warrant after an accident
Appeal of suspension after DMV Hearing finds DMV acted properly
Public Defender cannot be appointed on People’s appeal of a suppression order in a misdemeanor case
Trial court erred in dismissing re-sentencing petition for felony murder
Police cannot automatically conduct a pat down search of a robbery suspect for weapons
A complaint dismissed for prosecutorial vindictiveness cannot be refiled
Prosecution Must Justify a Delay in Charging a Defendant When Prejudice Has Been Shown
Mayor Breed Calls for Closure of SF County Jail #4 by 2021
Receiving a Stolen Vehicle Valued at $950 or Less May be Treated as a Misdemeanor under Prop. 47
Suppression Of Illegally Obtained Evidence Cannot Be Litigated On A Motion To Dismiss Under Section 991
Franklin Proceedings available to juvenile lifers sentenced after People v. Franklin (2016) was decided.
Presence of a small amount of marijuana in a car does not provide probable cause for a vehicle search.
California Court of Appeal Rules Possession of Burglary Tools Includes Constructive Possession
Parole Hearing Transcripts Are Not Part of Record of Conviction in SB 1437 Hearings
Aider and abettor found guilty of felony-murder special circumstance is not eligible for re-sentencing under SB 1437
Hearsay Admissible to Deny Dismissal or Reduction of Marijuana Convictions under Proposition 6
Paramount Duty of Prosecutors is to Provide a Fair Trial-Not Obtain Convictions
Counsel Must Be Appointed on Immigration Motion to Vacate a Conviction
Flight in a high crime area does not give police probable cause to detain
Correction of a sentencing error is not “resentencing” a defendant but merely “correcting an abstract of judgment”
Requiring a DUI suspect to perform field sobriety tests does not violate the Fifth Amendment
Governor Newsom Appoints New DMV Director from Silicon Valley
Drug conviction does not necessarily result in removal order for undocumented immigrants
US Supreme Court: Right to jury trial for parole violation that results in a mandatory minimum
What fear in the victim is necessary for an act to be a robbery and not a theft?
Supreme Court overturns death sentence because of race based exclusion of Black jurors
Can a Pardon by the Governor Prevent Deportation?
A Child Safety Restraint Ticket Can Cost You a Point on Your California License
Right to privacy: Can police demand your cell-phone passcode
Youth as a Mitigating Factor in Criminal Defense
The Term “Prima Facie” In The Context Of Habeas Petitions and SB 1437
Latest Criminal Cases
California Lawmakers Consider Adding DMV Point Penalties for Drivers Distracted by Cell Phones
Federal Law does not preempt California’s Immigration Consultant’s Act
How an expungement of a criminal conviction may help you drive for Uber and Lyft
New Criminal Case Law
Habeas Petition Granted to Vacate Special Circumstances In Felony Murder Conviction
Using criminal process to collect court fees and assessments from indigents is unconstitutional
The Consequences for Your Driver’s License if You Fail to Appear for Your California Traffic Court Date
New Criminal Cases Law
Replacement of Right Light Ticket Cameras in San Francisco
California Supreme Court rules that a partial verdict of acquittal on first degree murder prevents retrial on that charge
Recent Criminal Case Law
What is a ‘Form DS 326’ and What Should I Do if the California DMV Asks Me to Submit One?
Supreme Court: 8th Amendment bars execution of prisoner with dementia
How Body Worn Cameras can help you get a criminal charge dismissed
Recall of a criminal sentence PC § 1170
Recent Criminal Case Law
The Do’s and Don’ts of Responding to a Notice of Re-Examination from the California DMV
U.S. Supreme Court rules that the excessive fines clause applies to the states and civil foreiftures
California Supreme Court overturns death sentence because trial court improperly excused four jurors
Court can order District Attorney to grant immunity to a witnesses if the testimony is clearly exculpatory and essential
New Criminal Laws 2019
Defense attorney does not need to disclose information about a witness that he does not call to testify
When Points on Your California License Can Lead to Suspension — And What You Can Do to Avoid That
No Probable Cause to Search a Car if an Officer Smells Unmoked Marijuana
New Laws Affecting Motorists
Criminal Justice Administrative Fees: San Francisco owes refunds to thousands
The California DMV Has Suspended Your Driver’s License for Lapses of Consciousness–Now What?
Lawyers Can Sue DMV to Challenge Fairness of Administrative Per Se Hearings
Removing Barriers to Employment from Criminal Records
Felony-Murder For Aiders and Abettors Ended by Senate Bill 1437
When the California DMV Can Take Your License Based on Your Medical Condition and What You Can Do About It
What Can I Do if the California DMV Has Accused Me of Cheating in the Completion of My Written Driving Exam?
How Road Rage Has the Potential to Negatively Impact Your California Driver’s License
The Difference Between a Lack-of-Skill Interview and a Lack-of-Skill Hearing and What These Processes Mean to Your California Driving Privileges
A Police Officer May Offer an Opinion on Intoxication based on a Field Sobriety Test
What is a ‘Special Instruction Permit’ in California and How Can This Permit Option Potentially Help Me?
What is a ‘Lack of Skill’ Driver’s License Suspension in California and What Can I Do to Avoid It?
‘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
Governor Brown Announces an Audit of the DMV Amid Skyrocketing Wait Times at the Agency’s Offices
How Can I Remove Points from My California Driver’s License or Avoid Points Altogether?
Governor Brown Signs Bail Reform Bill, Meaning that California Will Abolish Cash Bail as of October 2019
What to Do If You’ve Been Charged with Driving at a Speed of 100 MPH or More in California
California’s Negligent Operator Treatment System, and What You Can Do if the DMV Suspends Your License
You Can Fight Your Bay Area Speeding Ticket, Regardless of What Technology the Officer Used to ‘Clock’ Your Speed
What Exactly is a ‘Speedy Trial’ and How Can Demanding One Impact Your California Domestic Violence Case?
What is an Expungement, How Can it Help Me, and How Do I Go About Obtaining One in California?
One Bay Area Driver Recently Tried a Unique Argument to Try to Dodge a Speeding Ticket. It Didn’t Work.
What to Do When You’re Been Arrested for Felony DUI in the Bay Area
A California Driver’s Statements to Police Ultimately Undermine His DMV Action Seeking the Reversal of His License Suspension
New Bill Effective July 1 Changes the California’s Legal Limit for a DUI Charge for People Operating as Rideshare Drivers
San Diego Man Gets Jail Time for DUI Charges that He Dodged for 6+ Years, According to News Report
The California DMV Has Suspended My License. What Options Do I Have to Get Back on the Road?
Negotiating a Plea Agreement to Resolve Your California Domestic Violence Case
You Can No Longer Lose Your License for Unpaid Traffic Fines, But Don’t Just Ignore an Unpaid Traffic Ticket in California
Military Diversion: One Extra Option Available to Some Veterans Charged with DUI in California
When Blood Evidence Collected Without a Warrant Should Be Excluded in a California DUI Trial
Countering the Trial Strategies of the Prosecution in Your California Criminal Trial
New California Legislation Could Limit Immigration Questions in Unrelated Court Cases
When Is (or Isn’t) a Warrantless Police Search of an Impounded Vehicle Allowable in California?
What You Can (and Cannot) Be Ordered to Pay For as Part of Restitution in a California Domestic Violence Case
A California Criminal Defendant Who Handled His Own Defense Shows Why That’s Often Not a Good Idea
The Limits of Consent in a California DUI Case and How Those Limits May Entitle You to the Suppression of Test Results
How Very Small Details Can Potentially Make a Very Big Difference in Your California Criminal Case
What You Should Do (and What Not to Do) When you Receive a Speeding Ticket in California
How the Police’s Failure to Give You an Admonition Can Help You in Your California DMV Case
Immigrant’s 2001 California Misdemeanor Plea Deal Proves Harmful in Deportation Case
How the Fourth Amendment May Help You Keep a Warrantless Blood Test’s Results out of Your California DUI Case
How a Lack of ‘Free and Voluntary’ Consent Can Help You Get Your Blood Test Results Thrown Out of Your California DUI Case
New Traffic School for Bicyclists Opens in California
The Risks You Take When You Handle Your DMV Driver’s License Suspension Case On Your Own Without a San Francisco Attorney
The Difference Between Domestic Battery and Simple Battery in California