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SB1437 The felony murder rule has changed

SENATE BILL 1437 (SB1437), PENAL CODE 1170.95 The new law now enacted under SB1437 and applied by Penal Code 1170.95. It applies to all defendants who have been convicted under the felony–murder rule. There is no time limit and can be done by a form petition that one qualifies. SB1437 is not technically a Writ […]

Discovery Terms

Should you come within the criminal justice system, there are specific terms you need to know. Your attorney will receive police reports, laboratory reports, and statements from witnesses to the charges that may be brought against you. The first term you should know is “Under Seal.” An Under Seal filing means that the filings (such […]

Is it too late to change judges?

That’s a question often asked by a client. Moreover, it depends. The answer depends on where you are. Well, that answer is simple: are you in state court or federal court? If you are in federal court removing a judge is next to impossible. The judge must show bias or has some interest (financial usually) […]

About Judge Kavanaugh

Judge Kavanaugh. The operative word is “Judge.” The only issue is not what he may have done years ago but his “temperament” as a judge. We can see quit readily, that under questioning he blames everyone (the democrats and the Clinton’s) that this process is a leftist conspiracy. Wow! Does he have it wrong? If […]

Plea Agreements

PLEA AGREEMENTS What are plea agreements? A plea agreement is like a contract between two parties. In consideration of the deal, the service or the product is provided. Well, in criminal law that doesn’t really happen! The usual “Plea Agreement” (contract) between the defendant and the Government is that in exchange for the defendant to […]

Choose an attorney

How to choose an attorney Selection of an Attorney is one of the most important decisions that an accused will make. The attorney of choice will review all the documents of the charges against you, consult the criminal code and make a recommendation to you. Hopefully, the attorney’s judgment is correct! To choose any attorney […]

Domestic Violence Cases, Get Legal Advice

Domestic Violence IT HAS BEEN ON THE NEWS, MORE OFTEN THAN NOT, ABOUT THE ISSUE OF DOMESTIC VIOLENCE. A FEW MONTHS AGO I HAD A JURY TRIAL WHEREIN THE HUSBAND WAS CHARGED WITH DOMESTIC VIOLENCE. HE WAS ALLEGED TO HAVE HIT HIS WIFE. SHE CALLED THE POLICE AND HE, OF COURSE, WAS ARRESTED. WE OFFERED […]

Misdemeanor, get legal advice

Misdemeanor What is the difference between “sexual battery” and “battery”? The answer is “intent” and where on the body the touching takes place. However, the big difference is the penalty involved. Unlike, simple battery, where the court can impose a fine or jail, a “sexual battery” has the potential penalty of LIFETIME SEX REGISTRATION! This […]