Crime of “Carrying a Concealed Weapon” in California In California, it is illegal to carry a firearm in public that is concealed in most situations, under Penal Code section 25400: 25400. (a) A person is guilty of carrying a concealed firearm when the person does any of the following: (1) Carries concealed within any vehicle that…
How Crimes are Defined Crimes in every jurisdiction are defined by certain “elements”, which usually include a combination of a prohibited action and required state of mind. For instance, the crime of Residential Burglary requires: (1) The defendant entered a residential home; and (2) When the defendant entered the home, he had the intent to…
Background re: Plea Agreements and Waiver Forms If your attorney is unable to convince the Court or District Attorney that the charges against you should be dismissed, and going to trial or a contested hearing is not an advisable option for your case, it is not uncommon for a case to resolve in a negotiated…
Getting Access to Police Personnel Records to Assist the Defense in Criminal Cases Usually, the defense in a criminal case is entitled to all evidence that may be helpful to the defense, or within the possession of the prosecutor. See Brady v. Maryland (1963) 373 U.S. 83, 87; Cal. Penal Code § 1054.1. Evidence that…
Why Local Defense Attorneys Get Better Results If you or a loved one is being investigated for, arrested, or charged with a crime, you need to hire an experienced criminal defense attorney to advocate on your behalf to pursue all legal remedies available to get the best results. But, not all defense attorneys are created…
I. What is a “Strike” and Why Are They Serious? Under California’s Three Strikes Law, an offender can face up to 25 Years to Life in the State Prison if he or she is convicted of more than two eligible offenses defined as “strikes”, which are included in Penal Code section 1192.7(c) (“Serious Felonies”) and…
https://www.courts.ca.gov/opinions/documents/A162591.PDF Court of Appeals Confirms Constitutional Violation by Vacaville Police On April 13, 2022, the California Court of Appeals certified for publication a decision “affirming” – or agreeing with – an order made in Solano County to suppress evidence related to a firearm found after a Honeychurch & Boyd client was pat-searched illegally by Vacaville…
Diversion for Defendants with Cognitive or Developmental Disabilities As of 2018, California has allowed people charged with certain crimes that occurred because they suffer from specific mental health disorders participate in a “diversion” program, whereby, if they participate in therapy and medical treatment to address the mental health issue, their case can be dismissed and…
Jury Selection Basics and Challenging Discrimination Criminal cases in California are made up of 12 jurors from the community. There is usually at least one “”alternate” juror selected as well, in case one of the primary jurors is excused for some reason during the trial. During the selection process, the defense and prosecution are allowed…
https://www.vallejosun.com/officer-who-shot-willie-mccoy-disciplined-for-stepping-on-mans-head-new-records-show/ Excessive Force in the Local News In another news article regarding Vallejo Police, an officer has been disciplined for attempting to control a detainee by using his boot to step on the man’s head when he was “squirming”, after he had already deployed his baton to subdue the individual. The officer was disciplined by…
