California enacted a new law effective July 1, 2022. This law addresses court video appearances in criminal matters AB 199. This bill extends the courts’ ability to allow defendants and witnesses in criminal proceedings to appear remotely under certain circumstances. AB 199 still requires the defendant’s consent, and the court still maintains the discretion to require the physical presence of any defendant or witness in a criminal proceeding.
New misdemeanor diversion law doesn't apply to California DUI's, it is found after confusion. Prosecutors argued instead that an existing state Vehicle Code provision forbids diversion for driving under the influence of alcohol or drugs. Regardless if it’s a DUI or any charge, if you have been charged with a misdemeanor and think you may be eligible for Diversion, please contact us at once for a free consultation.
One of the most important actions you can take is clearing up a prior criminal conviction. I would file this under the category of a “no brainer.” Why would you want a charge to be lingering out there as an excuse for denying you a job, denying you a rental, denying you a mortgage application, etc. Expunging a prior conviction is a smart, useful, and financially sound decision. Investing in yourself is the best investment you can make.
The California Supreme Court, last month, upheld the Court of Appeal Decision in In Re Kenneth Humphrey. This is a game changer for the bail system in California. Now the court can consider a defendant’s ability to pay the bail in deciding what the bail should be, or if alternatives to incarceration can be arranged.
Finally, defendants are getting some financial relief when it comes to the burden of onerous court fees. Starting July 1, 2021, administrative fees for criminal court proceedings will be no longer be charged in California. If you are a Fresno resident with questions about fees imposed in a criminal proceeding, contact us for more information on this new law.
If you've been accused of a crime, one of the most important things to do is to find a good criminal defense lawyer to represent you. Sometimes it can be hard to know how to choose the right one for your case, particularly when time is of the essence. Below are three things to look for in your legal representative.
Recently, California courts extended, in certain cases, the time frame to hold preliminary hearings in March of 2020. However, preliminary hearing time frames were, often violated, due to unilateral extensions. A California Court of Appeal (First App. District, Division 5), ruled the “speedy” preliminary hearing right of a Defendant in a human trafficking case were violated when the Contra Cost County Court did not hear his preliminary hearing within the 10 day period as required by law. For those lawyers looking for the citation, the case is Dejuan Bullock v. Superior Court of Contra Costa County (2020) 51 Cal.App.5th 134.
Being charged with a crime is a serious matter because the outcome can possibly alter your life permanently. That is all the more reason you need an experienced attorney when you are guilty of the charges. There are things you can do to help yourself, and will give your attorney something to work with in court when your case is decided.
Bench Warrant? You might receive a bench warrant if you failed to show up for your day in court. You might also find yourself faced with a bench warrant if you didn't meet your probation conditions. You might have missed signing up for a class that you were required to take, or you might have missed your community service. What do you do?
If you have gotten in trouble, the legal system can be quite complicated. There are several different levels of offenses in California, including infractions, misdemeanors, and felonies. There are major distinctions between each of these categories. Which one you are accused of and convicted of can really change your life.
If you are heading to court soon for criminal charges, there are a few things you should prepare in advance. While you might have your case in order and working with an attorney on strategy, it is important to put a little thought into your appearance and actions in court. Here are three tips for personal appearance and attitude during your upcoming day in criminal court.
Do you intend to apply for a job? A loan? For housing? As an assistant on your son's baseball team? A helper in your kid's classroom? Do you plan to travel overseas? Adopt? Any or all of these privileges might be adversely affected with a criminal conviction.
The fourth amendment of the United States Constitution grants persons reasonable rights to not have themselves and their properties searched. Unlawful searches and seizures can violate a person's expectation of privacy. There are, however, several mitigating circumstances that allow law enforcement to legally search you, your residence or your vehicle without a warrant.
“Bail” is one of the most commonly used terms in legal proceedings. One hears it in every courtroom drama. However, what is bail and what is its purpose?
An arraignment is one of the first steps to follow an arrest on criminal charges. If you have been arrested, here are five facts about the arraignment procedure in California that you should know.
In criminal cases, there always seems to be some confusion about the use of lie detector tests, also referred to as a polygraph. These tests are given as an attempt to show when someone is giving a deceptive answer to a question. Criminal investigators and attorneys may administer this test for various reasons.
If you're going to be testifying in a criminal case, it's important that you prepare properly ahead of time. This is particularly the case if you are the defendant.
The 90 Day Diagnostic is a useful tool used by the court to get the opinion and evaluation of the California Department of Corrections whether an individual is a suitable candidate for probation or should be sentenced to state prison. This option is employed when the court is unwilling to initially offer a probation sentence due to the criminality of the defendant or the seriousness of the charges.