What is Statutory Rape (Penal Code 261.5)?
Statutory rape is defined under Penal Code 261.5 as sexual intercourse with a person under 18 years of age. The two individuals cannot be husband and wife. This crime is more broadly often referred to as unlawful sex with a minor, although this...
By Greg Hill
Resentencing of a Three Strikes Sentence Often Involves Difficult Document Gathering Challenges
About four months ago, California voters approved Proposition 36 ("Prop 36") to amend the provisions of the state's Three Strikes Law (Penal Code 667(b) to (j) and 117012)
By Greg Hill
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...
By Greg Hill
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."
By Greg Hill
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...
By Greg Hill
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...
By Greg Hill
Police Sniff Dog Found Reliable to Court Despite Signaling the Presence of Narcotics That Did Not Exist
We have all seen it. Police pull over a car. The driver of the car gets out and the police bring a dog to the car. The dog is often a German Shepherd. The dog jumps into the car and sniffs around. The dog may signal to the police handler that...
By Greg Hill
Store Security Video Evidence, Without Any In-Person Identification, Can Be Used to Convict You
Often a security camera film captures the events. Often the film provides our clients a defense or impeaches the claims written in a police report. In the following case, such security camera films hurt the defendant. Over a twenty-one month...
By Greg Hill
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...
By Greg Hill
Should Weed Be Legalized? The Debate Rages On
There seems to be no middle ground in the ongoing battle between people who think that weed should be legalized and those who believe very strongly that it should be banned no matter what its medical uses may be. A few countries as well a few...
By Felix Lehmann
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