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…
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…
After a person pleads guilty, no contest, or is convicted after trial, “probation” can be granted at sentencing instead of an order committing a person to county jail or state prison, either under the supervision of a probation officer (“formal” probation), or subject to conditions established by the court without the supervision of a probation…
Overview of DMV Administrative Per Se Hearings Following a DUI Arrest When a driver is arrested for a DUI, within 10 days they may request what is called an “Administrative Per Se” (APS) hearing with the California DMV to challenge the legitimacy of the detention and arrest for DUI. If the APS hearing is not…
Under Crawford v. Washington, ((2004) 541 US 36), out of court statements by witnesses that are testimonial are barred under the Confrontation Clause of the Sixth Amendment, unless witnesses are unavailable and the defendant had prior opportunity to cross-examine witnesses. (Id. at 54). “Testimonial” statements are those that are made in circumstances that reasonably suggest…
Domestic violence allegations are complex cases for a number of reasons. One of the areas that such cases differ from average criminal cases is that ordinary rules that govern the admission of evidence related to reports, arrests, or convictions suffered by a defendant can be admitted to show that the defendant is guilty of present…
Felony convictions can have devastating consequences for those who suffered such convictions even in the distant past. While Penal Code section 1203.4(a) permits “expungement”, or a dismissal, of a felony charge if the defendant completed probation and was not sentenced to State Prison, the felony stigma and status of the prior conviction still stands to…
Penal Code sections 1001.35-1001.36 were added to the California Penal Code June 27, 2018 to create a new statutory scheme that provides the Court the discretion to place qualified criminal defendants into “Pretrial Mental Health Diversion”. On June 21, 2018, Penal Code section 1001.35 through 1001.36 became effective after enactment of Assembly Bill 1810 by…
DUIs Require that “Driving” be Proven Driving Under the Influence of Alcohol or With a 0.08 Percent or Higher Blood Alcohol Content, are described by Vehicle Code section 23152, subsections (a) and (b) respectively. Cal. Vehicle Code § 23152(a)-(b). Driving Under the Influence arrests and prosecutions, although exceedingly common, can have some of the most…
Our country is a nation of immigrants and is the best country in the world for that reason. Yet, immigrants convicted of criminal offenses can face draconian consequences, even for offenses that may be considered minor by the general public or even by those in the legal community who do not fully grasp the labyrinthine…
Honeychurch & Boyd, Attorneys at Law
823 Jefferson St., Suite C
Fairfield, CA 94533
Phone:
707.429.3111
