Because it shares miles of border with Mexico, California has long been a common conduit for illegal drugs filtering into the United States. Over the last several decades, the “War on Drugs” waged by law enforcement in the U.S. has caused penalties for drug smuggling to increase dramatically. If you “I Was Caught Smuggling Drugs, Will I Go to Federal Prison?”
What Is Official Misconduct in California?
In the United States, government officials may be elected to office or appointed to an office. Whether an official is elected or appointed to office the official is expected to adhere to a strict code of conduct while in office. If an official breaches that code of conduct it may “What Is Official Misconduct in California?”
Juvenile Offenses Can Be Used as Strikes
Juvenile adjudications (convictions) can be used against adult criminal defendants under the “three strikes” law even though juvenile defendants have no right to a jury trial. The California Supreme Court, in People v Nguyen, held that prior juvenile adjudications that qualify as serious or violent felonies (“strikes”) can used to “Juvenile Offenses Can Be Used as Strikes”
Is that Drug Really Cocaine, Methamphetamine, Marijuana, or Heroin?
In serious drug prosecutions, criminal defense lawyers cannot blindly trust police crime lab reports supposedly confirming that a substance is really cocaine, methamphetamine, marijuana, or heroin. For that matter, anything coming out of the crime lab, such as blood toxicology results, DNA results and chain-of custody receipts should not be “Is that Drug Really Cocaine, Methamphetamine, Marijuana, or Heroin?”
Sneaking past the Attorney to get the Defendant: Montejo v. Louisiana
Criminal defense lawyers uniformly advise their clients to provide information to law enforcement only by and through an attorney, and for good reason. Many cases are prosecutable only because the defendant gave the police what they needed to make their case. In the past, attorneys did not have to worry “Sneaking past the Attorney to get the Defendant: Montejo v. Louisiana”
Under California Law, Who Acted Unlawfully? Professor Gates or Officer Crawley?
Harvard professor Henry Louis Gates Jr., an African-American scholar, was recently arrested at his residence by Cambridge police officer Sergeant Crowley who was investigating a reported break-in. Professor Gates was arrested after he yelled at the investigating officer repeatedly from inside the residence. He showed identification and then reportedly resisted “Under California Law, Who Acted Unlawfully? Professor Gates or Officer Crawley?”
Courts Allow Police to Lie to Obtain Statement
False confessions undeniably lead to the convictions of innocent suspects. Despite this harsh reality, we now have an appellate court decision reaffirming the principle that law enforcement can be trusted to use deception in order to obtain a suspects confession. However, San Diego Criminal lawyers remember well the lessons derived from the Richard “Courts Allow Police to Lie to Obtain Statement”
How to Obtain a Dismissal of a Theft Case: Civil Compromise
The most commonly prosecuted theft offenses involve the alleged taking of property from a retail merchant. Often the dollar value of the items is relatively small and the accused has no prior criminal record. Yet a conviction for petty theft is a serious matter. The law requires at least one “How to Obtain a Dismissal of a Theft Case: Civil Compromise”
Prostitution and the Internet
The El Cajon Police Department yesterday published the names and photographs of men convicted of soliciting an act of prostitution and women convicted of agreeing to an act of prostitution. The men were snared through undercover officers posing as prostitutes. The woman were snared by undercover officers posing as Johns. Prostitution “Prostitution and the Internet”