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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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Curious About How a Criminal Offense is Defined in California? Look at the Jury Instructions.

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…

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Plea Forms, Admission Forms, and Waiver Forms for Solano County and Napa County

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…

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Why “Strike” Felonies are Extremely Serious and Fighting Gang-Related Strike Priors after the Ulloa Decision

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…

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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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Early Termination of Probation for Good Cause after Completion of all Probation Terms

What is Probation? Probation is an agreement by the defendant in a criminal case after either being convicted after trial, or entering a No Contest/Guilty Plea, to abide by certain terms imposed by the Court, to avoid a sentence of County Jail (misdemeanors and certain felonies), or Prison (all other felonies). Terms of probation can…

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Diversion for Individuals with Cognitive and Developmental Disabilities under Penal Code sections 1001.20 through 1001.34

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…

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