Posts by Gomez, Radford, & Rome
Read up on the latest announcements, articles, and more!
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Motions to Compel Discovery in California Criminal Law
Read more: Motions to Compel Discovery in California Criminal LawA prosecutor’s Brady obligations (Brady v. Maryland, 373 US 83 (1963)) in California include the duty to disclose material exculpatory evidence to the defense, even without a request. Penal Code Section 1054 also describes some of the California Prosecutor’s obligations. That material is often colloquially referred to as discovery. Legal discovery is a formal procedure that involves the…
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Transportation for Sale of a Controlled Substance
Read more: Transportation for Sale of a Controlled SubstanceTransportation for Sale of a Controlled Substance refers to the act of knowingly transporting or moving a controlled substance with the intention to sell or distribute it.
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Criminal Threats, PC 422
Read more: Criminal Threats, PC 422Criminal Threats are one of the more difficult crimes to discuss in California. It is a serious (but non-violent) strike as a felony, but can also ‘wobble’ down to a misdemeanor in less serious instances. Just making a threat is not necessarily enough to rise to the level of a Criminal Threat, there are some…
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Are DUI Checkpoints Legal?
Read more: Are DUI Checkpoints Legal?Sobriety checkpoints are generally permissible under the Fourth Amendment in both California and the United States as a whole, as long as they meet certain criteria. Thankfully, there are a few important caveats.
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Domestic Battery, PC 243(e)(1)
Read more: Domestic Battery, PC 243(e)(1)Domestic Battery, a common crime that falls under “Domestic Violence” in California, occurs when a battery is committed against the parent of the accused child, a person whom the accused is living with or “cohabiting” with, a former spouse, fiancé, or a person whom the accused is dating.
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Assault with a Deadly Weapon
Read more: Assault with a Deadly WeaponIn California, Penal Code §245(A)(1) is the law that defines an assault with a deadly weapon. That could mean an assault with a firearm, knife, a metal object(s) like a pipe, or a car, to name just a few. The law includes any instrument that by their nature or use are likely to cause great…
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Robbery
Read more: RobberyRobbery is the crime that is committed when someone takes property that does not belong to them from another person or from their immediate presence against that person’s will. This can be accomplished using either force or fear. Furthermore, the intention to take someone’s property by force or fear must be formed before actually taking…
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Possession of Materials w Intent to Make a Bomb
Read more: Possession of Materials w Intent to Make a BombPenal Code § 18720 is a law that criminalizes the possession of materials that could be used to create a bomb while having the intent to actually do so. To prove that someone is guilty of this crime, the prosecution must prove that the person had the intention to use the materials or substances to…
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Criminal Record Expungement
Read more: Criminal Record ExpungementCriminal record expungement is the process of legally hiding records of criminal convictions. This is governed by California Penal Code Section 1203.4.
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What Should I Do if I’ve Been Arrested?
Read more: What Should I Do if I’ve Been Arrested?If you have been arrested, it is important to remain calm and to follow the instructions of the police officers who have taken you into custody. Read more to find out what to do if you’ve been arrested.
