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Multiple Sentences For A Single Act?

05 Jan

The defendant was convicted of discharging a firearm with gross negligence to benefit a street gang and a substantive count of street terrorism for that same act. Continue reading “Multiple Sentences For A Single Act?” »

Tags: gross negligence, Multiple Sentences, Criminal Defense Articles, Jail Sentencing, negligence, street terrorism, Your Rights, discharging a firearm
 

Another Loss Under Crawford

28 Dec

In his appeal and habeas petition, (Defendant) John Paul Nelson challenges his conviction of premeditated attempted murder with a finding that he personally discharged a firearm. Continue reading “Another Loss Under Crawford” »

Tags: firearm, opinion, Your Rights, Criminal Cases, defense attorney, premeditated attempted murder, Crawford
 

What Does “10 Years Of Age Or Younger” Mean In Cpc 288.7?

19 Dec

The phrase “10 years of age or younger” in Penal Code Sec. 288.7, which prescribes a sentence of 15 years to life in prison when a person 18 years of age or older commits the crime of oral copulation or sexual penetration against a person 10 years of age or younger, excludes any person who has passed his or her 10th birthday. Continue reading “What Does “10 Years Of Age Or Younger” Mean In Cpc 288.7?” »

Tags: Criminal Cases, children, Sex Crimes, Your Rights, molestation, penal code, molesting, Child Abuse, California
 

Can The Court Declare Your Bond Forfeited?

16 Dec

Defendant was arrested and bonded out at the jail for felony 422 charges and given an appearance date.  Defendant appeared in court but the DA had failed to file charges.  At this point the court decided not to exonerate the bond because requiring the Defendant to post a new bond upon later filing of charges would be burdensome.  Continue reading “Can The Court Declare Your Bond Forfeited?” »

Tags: non-appearance, felony, prelim, Bond Forfeited, Your Rights, felony charges, Jail Sentencing
 

Is Battery A Lesser Included Offense Of 288?

10 Dec

Battery is not a lesser included offense to a charge of committing lewd and lascivious acts on a child. Continue reading “Is Battery A Lesser Included Offense Of 288?” »

Tags: charge, sex offenders, Battery, free consultation, Child Abuse, Criminal Cases, criminal defense lawyer
 

Seizing And Testing Cigarette Butts For DNA

30 Nov

This scenario has inspired, and been inspired by, a million episodes of CSI. The police think the defendant is guilty of the crime, but they need the defendant’s DNA.  So they follow the defendant and grab a cigarette butt he tosses (or a coffee cup, or whatever) and test it. Continue reading “Seizing And Testing Cigarette Butts For DNA” »

Tags: Your Rights, cigarette, butt, Drugs, Criminal Defense Articles, DNA test, evidence, Criminal Cases, reasonable expectation of privacy
 

Intent Required For A Great Bodily Injury Enhancement

21 Nov

Remember when a great bodily injury (GBI) enhancement required specific intent?  Then the law changed to make it general intent.  Now it’s strict liability.  Isn’t the intent required for the GBI enhancement under PC 12022.7 specific intent to inflict the injury, or at least that the defendant intentionally committed the act that caused the injury?  Continue reading “Intent Required For A Great Bodily Injury Enhancement” »

Tags: intent, GBI, Criminal Defense Articles, crime, liability, great bodily injury, Criminal Cases, Your Rights
 

Failure To Invoke Miranda

30 Oct

Another terrible death penalty affirmance.  The court holds that, “I think it’d probably be a good idea for me to get an attorney” is not a sufficiently clear invocation of Miranda! Why not? Continue reading “Failure To Invoke Miranda” »

Tags: Criminal Defense Articles, death penalty, Miranda, defendant, Your Rights, ambiguous, penalty
 

Alternative Sentencing Methods and Possibilities

26 Jul

The first thing attorneys usually hear from clients is: “I’ve been to jail and I never want to go back“.

Avoiding jail is the goal of almost every client charged with an offense.  Because of family and work commitments, a jail sentence can often involve losing more than just the time served.  Although alternative sentencing is not necessarily available in every case–it is imperative to run suck alternatives with both the District Attorney’s Office as well as the Court.  Availability of such alternatives revolve around the surrounding circumstances and mitigating circumstances of each case.  It is also important to note that each case differs from another.  However, our office strives to find an alternative to jail whenever possible. Some of the alternatives available are detailed below. If you or a loved one is charged with an offense that involves jail time and you wish to want to find out if we can help you find an alternative to jail, call now and ask to speak directly with Mr. Nosratabadi. Continue reading “Alternative Sentencing Methods and Possibilities” »

Tags: Jail Sentencing, jail sentence, jail time, Criminal Defense Articles, alternative sentencing, work commitments
 

Can an Unmarked Police Vehicle Pull You Over for a DUI Investigation?

08 Jul

Dyer v. DMV

March 19th, 2009

Yes, in Dyer v. DMV, a uniformed cop in an unmarked police car conducts a traffic stop and notices objective signs of Driving Under the Influence and finds an open alcohol bottle in a vehicle after conducting an inventory search.  The DMV suspends the Defendant’s California Driver’s License after an Administrative Per Se Hearing.  The Defendant appeals contending that the arrest was not legal.  Court reasoned that California Vehicle Code 40800 governs the issue here: Continue reading “Can an Unmarked Police Vehicle Pull You Over for a DUI Investigation?” »

Tags: traffic stop, Criminal Defense Articles, DUI, enforcement, speed violation