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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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New Addition to Penal Code Requires Release, Bail, or Judicial Explanation to Detain for Those Accused of Probation Violations

       A Shift Away from No-Bail for those Accused of Violating Felony Probation When someone is placed on Probation, they avoid going to prison or a commitment to County Jail by agreeing to participate in a Court-ordered program that includes terms and expectations that is a part of their grant of Probation. If you violate…

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Vallejo Police Officer Disciplined for Use of Force: A Demonstration of How Excessive Force Can be Used as a Defense in Resisting Arrest Cases

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…

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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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