If the juror lied about , or failed to disclose his correctional officer background in response to direct questioning, there may be grounds for a new trial, which must be pursued immediately (within 20 days of verdict). Discuss this with trial counsel.
If he didn't have knowledge that the gun was in the car (because it was hidden, eg. ), you should be able to save him from a criminal conviction (maybe not a parole violation based on access). Talk to his lawyer, and be ready with the facts, about when and where you acquired the gun, and when...Read more »
He can request a Marsden Hearing where the judge will talk to him and find out if there has been a breakdown in the attorney- client relationship such that he no longer has trust in the lawyer's abilities to defend him. If the court agrees, new counsel would be appointed. He needs to be...Read more »
I am writing this on behalf of my partner who is currently on a 5150 hold. A couple nights ago he had a psychotic breakdown and crashed his car and broke into a church. He had been drinking at the time. I most of the ordeal filmed and he is clearly having a schizophrenic episode. Talking to... Read more »
If he was my client I would advise him to get into treatment with a mental health professional as soon as possible. And get a good lawyer, who knows how to explain the difference between illness and criminal conduct.
I think the DA might have a problem proving who possessed it, which is defined as having access AND a right to control. Does either person have a prior conviction or history involving that drug? Would a review of recorded phone calls, into and out of the facility shed any light?
My boyfriend is incarcerated for PC 212.5, in 2017 he was sentenced to 9 years, 667a enhancements added to the sentencing. He has a parole release date in 2023, now after taking many classes and being in fire camp. Is there anyway to reduce more time after new laws passed regarding extra time for... Read more »
Prison prior- 667.5(b) enhancements are now gone- but not 667a enhancements. If he successfully participated as a hand crew member at fire camp, once he's been released from custody, he can apply for relief from the convictions that sent him there, and parole, under the new 1203.4b P.C.
If you are not a felon, or otherwise prohibited person, and the magazine is not 'extended' to carry more than 10 rounds, you should be fine. Definitely have an attorney present before any questioning with law enforcement. That is your constitutional right under the 5th and 6th Amendments...Read more »
12022.53 P.C. subdivision (a)(18) includes the attempted crimes in the list of offenses to which a 20 year enhancement applies if you personally discharged a firearm. Attempted murder (187/664) is on the list, without any gang involvement.
M-30 are synthetic oxycodone, illegally made and frequently containing fentanyl. Conspiracy to distribute fentanyl can get you 20 years max in a federal prison, not-to-mention forfeiture of money and property.
Hi my girlfriend and I plan on starting an investigative journalism based YouTube account. We want to shoot a video called, “A look into the black market cannabis scene.” For this video we plan to interview black market cannabis dealers who work with cartels along with filming their operation.... Read more »
As long as you don't aid, abet, facilitate, or encourage criminal conduct you commit no crime by your investigative reporting, and the 1st Amendment (freedom of the press) offers some protection against being forced to reveal information or confidential sources in writing stories that deal...Read more »
I was maliciously prosecuted for a crime I did not commit. A jury found me not guilty. No evidence or witnesses. Prosecutor and judge and catholic church just get away with it ? Is there any place to file complaints ?
A lawyer involved in a 'white collar crime fraud scheme' would surely face the loss of their license with the state bar, not-to-mention criminal prosecution. You can file a complaint at The California State Bar website- calbar.ca.gov or call (800) 843-9053. It might be wise to consult...Read more »
The three strikes law (1170.12 P.C.) is still very much alive in California. However to receive a sentence of 15 years to Life, the 3d strike must be a serious /violent one, listed in 667 or 1192.7, otherwise the maximum confinement time is double what could otherwise be imposed. A Romero Motion,...Read more »
My son was severely beaten by sheriffs ,one cop broke his leg and the others broke,fractured their fist and wrist beating my sons head in causing 5 large lacerations to his scalp and face . Now he's being charged with 148's and 69's pc (about 10 each) and I'm looking for... Read more »
She saw the judge on November 13, 2020 and was sentenced for 5 days and so her court date was moved because of COVID and her cell was quarantine and she calls me up today and said she has to stay another 14 more days because quarantine again. Her public defender wont return my calls and she is... Read more »
They can't keep her longer than the sentence imposed. Either she misunderstood the sentence, or a clerical error could have occured. I would start with classifications at the jail, and ask for the sentence and out-date. Compare that against the minute order of the sentencing contained in the...Read more »
Hello i keep my money in my moms bank account. I recently sent $500 to my friend.
My moms not reporting me for some reading she wants to report my friend. She wants to tell her bank my friends stealing. "Will my "friend" get introuble. As it is it shows my account with my... Read more »
It sounds like your mother controls your money, and she didn't okay you sending it to your 'friend'. Unless the friend obtained the money through fraudulent means, or took advantage of you to get it, it's not clear how the friend would be in trouble. If you are having second...Read more »
Typically, a protective order connected to discovery, would involve an agreement between counsel, prohibiting the attorney, client, and anyone else working on the case, from disclosing the information contained in the discovery, to the public or third parties.
1-current gand jury is unconstitutional. FBI goes to grand jury to get a sure conviction. Fbi on same day brings case to Judge and gets warrant. Arrest you and lie and say your arraignment is your due process. I think this is a clear violation of due process along with the violation one goes... Read more »
You have the right to confront and cross-examine your accusers; the right to remain silent or testify on your own behalf; the right to effective assistance of counsel (free); the right to subpoena witnesses on your own behalf, and the right to trial by a jury.
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