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Preview: California Criminal Defense Lawyer Blog

California Criminal Defense Lawyer Blog



Published by Irvine and Orange County, California Criminal Defense Lawyer — William Weinberg



Last Build Date: Fri, 23 Feb 2018 16:07:55 PST

 



EXCULPATORY EVIDENCE AND THE BRADY MOTION

Fri, 23 Feb 2018 16:07:55 PST

The evidence is the heart of any criminal case. We usually think of evidence as evidence that supports (or proves) the allegation that the crime was committed. This is technically called “inculpatory evidence” as it tends to incriminate (or inculpate) the defendant. But what about evidence that tends to exonerate (or exculpate) the defendant? This […]



WHAT IS A “WOBBLER”?

Fri, 16 Feb 2018 17:18:58 PST

A turkey? A person who has had a bit too much to drink? A spinning top? Well, it might be all those things, but in California law, a “wobbler” refers to an offense that may be charged and punished as a felony or a misdemeanor. There are literally hundreds of wobbler offenses on the California […]



97% OF CRIMINAL CASES ARE RESOLVED BY PLEA ARRANGEMENT

Fri, 09 Feb 2018 17:04:16 PST

While every defendant has a constitutional right to a jury of his or her peers, criminal charges rarely go to trial. In fact, around 97% of criminal cases are resolved by a plea bargain. A plea bargain is when the defendant pleads guilty or nolo contendere (no contest) to criminal charges. Often the process involves […]



OCCAM’S RAZOR

Fri, 02 Feb 2018 17:29:47 PST

A defendant was charged with three separate armed robberies. The three victims all identified the defendant in a “six-pack” photographic lineup. In closing arguments at the jury trial, the defense attorney questioned the correctness of the identifications. The prosecution rebutted, stating that there were three victims who identified the defendant separately at different times. Referencing […]



NEW CRIMINAL LAWS FOR 2018

Fri, 26 Jan 2018 09:19:11 PST

2018 saw major change on California’s statute books, many within the criminal law arena. Below are some of the changes in law that impact those who may be facing criminal charges and those who have already been convicted. JOB APPLICANTS WITH CRIMINAL CONVICTIONS You may have heard the term “Ban the Box.” This term refers […]



YOU CAN’T FAULT THE DEA FOR A LACK OF IMAGINATION

Fri, 12 Jan 2018 17:27:00 PST

This is a true crime story with a twist: Ascension Alverez-Tejeda and his girlfriend were transporting drugs in their vehicle. They stopped at a traffic light and when the light turned green, the car in front of them began to move through the light then stalled. Mr. Alverez-Tejeda stopped in enough time to avoid rear-ending […]



WHEN THE POLICE ARE THE CRIMINALS

Fri, 05 Jan 2018 17:13:44 PST

Last month at a U.S. District Court in Maryland, a judge stepped down from his bench to shake the hands of two defendants and tell them he was sorry. The two defendants had, at different times, pleaded guilty to drug charges years ago in that same judge’s court. The convictions had just been vacated by […]



PETITION TO REDUCE, DISMISS, AND SEAL A MARIJUANA CONVICTION POST PROPOSITION 64

Mon, 18 Dec 2017 14:25:52 PST

While California prepares to license its first recreational cannabis shops next month, there are hundreds of thousands who have a marijuana-related criminal conviction for conduct that is now legal or less severe under the new laws. Some of these individuals are still incarcerated and some are on probation, but the majority have served their sentence […]



California Law Regarding Legal Marijuana and Taxes

Thu, 14 Dec 2017 09:40:00 PST

LEGAL MARIJUANA COMES WITH MANY RULES AND NEW TAXES The pot shops will soon open and even though recreational marijuana is legal now, there are still plenty of reasons a black market in marijuana sales will not be going away with the opening of your local cannabis shop. To begin with, the laws regulating the […]



Hee Haw: Donkeys Arrested and Jailed

Tue, 05 Dec 2017 15:40:42 PST

There are kangaroo courts….and then there are donkey jails. While kangaroo courts don’t actually have kangaroos sitting in court, donkey jails do indeed have donkeys cooling their hoofs in jail, at least in one town in India. In the Northern Indian town of Orai, eight donkeys found a tasty meal that just happened to be […]