A Principal in Disturbing the Peace May Be Sentenced to 25-year-to-life for Attempted Murder That Follows
In 2008, inside a Stockton grocery store, Eduardo Liesa, a member of the Sureo street gang, allegedly made rude comments and threw gang signs to two Norteo gang members. The two gangs were rival gangs. The confrontation continued into the grocery...
Category:   Criminal Law

Be Careful Who Are Friends With - You Can Be Arrested on a Warrantless Search If Police Are Searching For Your Friend, But Find Reason to Arrest You
With several other police officers alongside him, Townsend went to the Riverside apartment and knocked on the door. No one answered. After several more attempts to reach the occupants, Townsend and his fellow officers broke down the door...
Category:   Criminal Law

Beware: Living With a Prostitute Can Be Illegal and Land You in Prison
The criminal complaint alleged that Grant "did unlawfully and knowing a person to be a prostitute, live and derive support and maintenance in whole or in part from the earnings and proceeds of said person's prostitution." The prostitute was his...
Category:   Criminal Law

Conviction For Violating Penal Code Section 288(a) Overturned
In 2010, Lee Cottone was convicted in Orange County of four counts of committing a lewd act upon a child under the age of fourteen (California Penal Code 288(a)). At trial, the court admitted evidence under Evidence Code 1108 that, thirty-two...
Category:   Criminal Law

Conviction Overturned For Felon in Possession of Firearm - Constructive Possession Not Proven
It is a sad reality that those who are felons often live in rough neighborhoods. While they may be convicted felons, they still have needs such as safety. One can sympathize if such folks feel a handgun provides them such safety, or at least peace...
Category:   Criminal Law

Court Diversion Programs For Narcotic Offenders (PC 1000 and Prop 36)
If you or a loved one face charges for possession of an illegal drug, a common response is, "prison will not solve the problem; treatment and education would be better."
Category:   Criminal Law

Court May Not Involuntarily Commit a Mentally Retarded Person Without a Showing That Violence is Related to Retardation
A clinical psychologist also testified that he had threatened to kill his parents without saying how he would do so. He reportedly did not want either of his parents to be his conservator. He was then arrested by police, who had to restrain him...
Category:   Criminal Law

Defendant's Sixth Amendment Right to Cross-Examination Not Violated When Confidential Informant Testifies Wearing a Wig and Sunglasses
The Sixth Amendment of the U.S. Constitution grants a criminal defendant the right "to be confronted with the witnesses against him." This right includes the right to physically face those who testify against him or her to ensure the witness gives...
Category:   Law and Legal

How Much Time in Jail or Prison Will I Actually Serve?
This curiosity arises not just because of widespread media attention about jail and prison overcrowding resulting in shortened sentences, but out of concern for their employment, their family's financial support and simple anxiety over being...
Category:   Criminal Law

If Visiting One in Jail, Be Careful What You Bring With You!
Often an attorney does not need to speak to the client via a handset behind a thick pane of glass. For non-attorneys there are certain restrictions. The following recent case exemplifies why it is important to protect oneself when visiting a jail...
Category:   Criminal Law