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US Supreme Court Overturns Concealed Carry Restrictions in NY – Impact on California Gun Laws?

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…

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Court of Appeal Publishes Citable Opinion Upholding Court’s Dismissal of Gun Case Represented by Honeychurch & Boyd

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…

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New Supreme Court Justice Nominee Who Served as Criminal Defense Attorney Will Have Power to Impact Criminal Defense Issues of Search & Seizure Law, Firearms Rights, and Much More

  http://https://www.biography.com/law-figure/ketanji-brown-jackson As President Biden has chosen his new US Supreme Court pick to replace Justice Breyer – DC Court of Appeals Judge Ketanji Brown-Jackson – she portends to have an impact on a number of issues related to criminal law and thus criminal defense. As the US Supreme Court is the highest Court in…

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Sentencing Enhancements: New Law Change Offers Opportunity to Fight Excessive Charges in the Interests of Justice

Enhancements: The Prosecution Tool to Maximize Potential Punishment Sentencing enhancements are allegations made by the District Attorney that attach to an underlying charge that increase, or “enhance”, punishment for that crime. There are conduct enhancements, such as an allegation that an assault or other offense was committed with “great bodily injury” (See Cal. Penal Code…

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US Supreme Court Rules Police Must Seek Warrant and Cannot Rely on Catchall Phrase “Community Caretaking” To Violate the Fourth Amendment

The Fourth Amendment of the United States Constitution provides: The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched,…

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Misdemeanor Diversion without Conviction – New PC § 1001.95 Offers New Hope to Thousands Charged with Misdemeanors

Misdemeanors and the Traditional Power of the Prosecutor While a misdemeanor is considered a lower-level criminal offense compared to felonies, it is still a criminal offense, carrying no more than 364 days in the County Jail. Misdemeanors, though considered lower level,  can still be devastating to those seeking new job opportunities, admission to university, who…

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Los Angeles DA Gascon Declines to File Sentencing Enhancements – Solano, Napa, & Yolo Defendants Still in Jeopardy of Overzealous Prosecution

New Los Angeles District Attorney George Gascon has indicated that his office will no longer file sentencing enhancements when charging crimes against defendants, representing a major step forward toward ending the draconian sentencing laws that have filled California prisons beyond capacity. Effectively, this means that the LA District Attorney will no longer seek death penalty…

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Statutes as the “Black Letter” Law in California

Almost all states, as well as the Federal Government, have codified their criminal laws into statutes that one can refer to in text form. The Courts interpret the statutes and determine the intent of the Legislature, and, when the statutes are challenged as unconstitutional, rule as to their validity. When the Courts interpret a statute,…

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Demystifying California Gun Laws – Concealed and Loaded Firearms

California gun laws are notoriously complex and difficult to distinguish, even for attorneys who handle firearms-related cases on a regular basis. One key area of confusion that comes up is the distinction between loaded firearms and concealed firearms. Below, we discuss relevant codes regarding these distinctions. Cal. Penal Code § 25400  – Concealed Weapons in…

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