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…
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…
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…
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…
What is an Arrest Warrant? An “arrest warrant” is a legal basis for a person to be arrested and be held in custody. There are several types of arrest warrants, that derive their authority from different sections of the Penal Code. The most common types of arrest warrants in California include: A warrant for arrest…
Penal Code section 1170 and Selecting a Term of Imprisonment when Probation Denied or Unavailable Penal Code section 1170 discusses how a Court should impose a term in state prison where Probation is denied. (See Cal. Penal Code § 1170). Prior to January 1, 2022, a Court had vast discretion to impose one of three…
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…
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,…
“Assault” charges are one of the most common types of alleged criminal violations. Most people would assume that in order for assault charges to be filed, you must have intended to strike or hurt someone. But, as the jury instructions and case law make clear, you actually do not need to intend to harm anyone…
U-Visas – Gaining Legal Residency Status as a Crime “Victim” A “U visa” permits undocumented individuals to gain legal status to remain temporarily in the United States on the basis of her status as the victim of domestic violence, sexual assault, or other qualifying offense, where they assist law enforcement with an investigation or prosecution…
Honeychurch & Boyd, Attorneys at Law
823 Jefferson St., Suite C
Fairfield, CA 94533
Phone:
707.429.3111
