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Articles by Topic or Issue (Firearms / Weapons - Jail / Prison / House Arrest)

Firearms / Weapons

  1. Lifetime Ban on Owning a Firearm Applies After Misdemeanor?

  2. Carrying Concealed Gun in a Car = Crime of Moral Turpitude?

  3. Felon in Possession of a Firearm and Constructive Possession

  4. Conviction Upheld for Disassembled AK-47 Assault Rifle?

  5. The Right to Bear Arms and Carrying a Dirk or Dagger

  6. Is a Swiss Army Knife a Dirk or Dagger (PC § 16470)?

  7. Use of BB Gun Can Be Assault with a Deadly Weapon

  8. Is a Smell of Pot Enough to Search Someone for Weapons?

  9. Does Carrying a Loaded Firearm on His Person Include in a Backpack?

  10. Medical Marijuana Cardholder Now Cannot Buy a Gun?

  11. After Prop 47 Granted on My Case, Can I Own a Firearm?

  12. What Is Assault with a Deadly Weapon? Defenses? Punishment?

  13. Should I Sign the Prop 63 Firearm Relinquishment Form?

  14. How Do I Get My Gun Rights Back After a Conviction?

  15. What Should I Do to Get My Firearms Back from the Cops?

  16. When Would Having a Small Wooden Bat Be a Crime (PC 22210)?

  17. What Is the Law on Brass Knuckles?  Punishment?  Defenses?

  18. When’s a Judgment Final for SB 620 for Firearm Enhancements?

  19. What Is Brandishing a Weapon or Pulling a Gun on Someone?

  20. Is a Certificate of Probable Cause Needed for SB620 Relief?

  21. What Is the Antiquity Defense to 18 U.S.C. § 922(g)?

  22. What Is a Dirk or Dagger under Penal Code § 16470?

  23. What is Illegal Possession of an Assault Weapon, PC 30605?

  24. What is Criminal Storage of a Firearm (PC § 25100)?

  25. Does Judge Have Power to Lower PC 12022.53 Gun Enhancement?

  26. The Right to Own or Buy a Firearm After a 5150 Hold?

  27. Self-Defense and 18 U.S.C. § 922(g) or Penal Code § 29800

  28. SB 620- When Can a Judge Strike the Gun Enhancement?

  29. Felon in Possession of Firearm: I am a Felon?

  30. What is Negligent Discharge of a Firearm (PC 246.3)?

  31. What is Penal Code § 17500 Regarding a Deadly Weapon?

  32. Penal Code § 16470: Is a Box Cutter a Dirk or Dagger?

  33. SB 620: Should Judge Consider Postjudgment Rehabilitation?

  34. SB 620 Analysis: Resentencing on Firearm Enhancement

  35. What are Some of the More Common Firearm Enhancements?

  36. What Must be Proven for a Firearm Enhancement to Apply?

  37. Enhancement for Being Armed with a Firearm – Sentencing

  38. SB 620: Can Judge Impose Lesser Enhancement If True?

  39. What Can Judge Consider in Striking Gun Enhancement?

  40. Unlawful Possession of a Firearm under § 922(g)(4)

  41. Convictions for Both Gun Manufacturing & Possession?

  42. When May Police Destroy Firearm Taken in 5150 Hold?

  43. Federal Motion to Vacate 18 U.S.C. § 922(g) Denied

  44. SB 620: Judge Denies Firearm Enhancement Reduction

  45. Little Known Grounds for Receiving a Firearm Prohibition

  46. 49 Misdemeanor Convictions That Result in Firearm Ban

Click Here to Go Directly to Certificate of Rehabilitation

Gang Crimes

  1. What's a Criminal Street Gang for a Sentencing Enhancement?

  2. When a Gang Sentence Is Not a Gang Enhancement

  3. Are Miranda Warnings Required Before Asking If in a Gang?

  4. Conviction Related to Acting As Gang Member OK If Act Alone?

  5. Conviction for Dissuading Witness for Gang Benefit Reversed

  6. Multiple Punishments for Single Act Violates Penal Code § 654

  7. Cyber Gang - Banging, a Murder, the SCA and Facebook Posts

  8. Prosecutor’s Gang Expert Testimony Is Hearsay – Reversal

  9. Sentencing Enhancement for Gang Benefit in Norwalk Reversed

  10. May a Judge Strike a Gang Allegation in Plea in Open?

  11. Do Gang Enhancements (P.C. § 186.22(b)) Bar Prop 47 Relief?

  12. Must the Prosecutor Prove a Gang Enhancement to Every Gang?

  13. Is a Gang-Related Juvenile Probation Condition Always OK?

  14. Can Showing Gang Tattoos Constitute Criminal Threats?

  15. Are Consecutive 10-Year Gang Sentencing Enhancements Error?

  16. Gang Enhancement Removed Due to Faulty Expert Opinion

  17. Is Validated Gang Membership Enough for a Gang Enhancement?

  18. Gang Enhancement Affirmed Due to Character Witness Testimony

  19. Inadmissible Gang Expert Testimony Allows Reversal.

  20. When Is Gang Expert’s Testimony OK for Motive?

  21. Gang Enhancements Reversed When Crawford Violation

  22. Sanchez and Testimony About Predicate Offenses.

  23. What’s Specific Intent to Assist Criminal Street Gang?

  24. What is Sufficient Evidence to Prove PC § 186.22(a)?

  25. What are Violent Crimes in Aid of Racketeering Activity?

  26. Conspiracy to Commit Murder for Gang Reversed on Appeal.

  27. Torrance DA Gang Expert’s Testimony Insufficient

  28. Gang Enhancement Vacated – Expert Opinion Speculative

  29. Heat of Passion for Manslaughter, Not Murder in Gang Killing

  30. People v. Sanchez, Proving Predicate Acts, Gang Crimes

  31. Gang Enhancements: How Does AB 333 Change 186.22?

  32. Gang Enhancements from 2007 Vacated under AB 333

  33. What Does AB 333 Change for Gang Enhancements?

  34. Modified Criminal Street Gang Enhancement Applied

  35. New Gang Enhancement Law & Predicate Offense Evidence

  36. Long Beach Court & Amended Gang Enhancement Statute

  37. Assembly Bill 333 & Gang Crime Enhancement Evidence

  38. AB 333 Retroactive for Bifurcation of Gang Enhancement

Immigration

  1. Plea Withdraw If Not Warned of Adverse Immigration Risks

  2. Will the Judge and / or Jury Be Told I Am an Illegal Alien?

  3. Do Anti-Immigrant Comments by Judge Invalidate Sentence?

  4. What Are the Immigration Consequences of a DUI Conviction?

  5. Immigration Consequences of a Domestic Violence Conviction

  6. Immigration Consequences of a Conviction for Shoplifting

  7. Shoplifting, Diversion & Immigration Problems – What to Do?

  8. Immigration Consequences of a Conviction for a Drug Offense

  9. Immigration Consequences of Criminal Threats (PC 422) Plea

  10. Is Burglary a Crime of Violence under Immigration Laws?

  11. Removal for Alien Convicted for Use of Drug Paraphernalia

  12. Deportation Risk No Exception to Expungement Requirements

  13. Immigration Issues: 2013 Motion to Vacate 1989 Conviction?

  14. The Right to a Speedy Trial When One Must Be Extradited

  15. What Intent Is Required for Illegal Re-Entry to the U.S.?

  16. Does Immigration Consequences Warning Bar Plea Withdrawal?

  17. What to Do If One Is Questioned by an ICE Agent in Jail?

  18. What Is Penal Code § 1203.43?  Who Does It Benefit?

  19. Is Carrying a Loaded Gun a Crime of Moral Turpitude?

  20. What Is Vacating a Conviction under Penal Code 1473.7?

  21. Strategies to Avoid Deportation on a Drug Offense

  22. Motion to Vacate Conviction for Wrong Immigration Advice?

  23. Failure to Advise Client of Immigration Consequences

  24. What Are Some Examples of Crimes Involving Moral Turpitude?

  25. Ineffective Assistance of Counsel Required in 1437.7 Relief?

  26. Does a DUI Affect DACA Eligibility? Immigration Bond?

  27. Motion to Vacate Plea under PC 1473.7 Properly Denied?

  28. Penal Code § 1437.7 – Can Failure to Advise be Excusable?

  29.  U.S. Supreme Court Ruling on Bad Immigration Advice.

  30. Juvenile Criminal Proceedings & Immigration Issues.

  31. Immigration Holds and the California TRUST Act.

  32. What is the Immigrant Victims of Crime Equity Act?

  33. How Does the Vienna Convention Apply in an Arrest?

  34. Under Immigration Law, Is Perjury an Aggravated Felony?

  35. Immigration: Is Amended Penal Code § 18.5 Retroactive?

  36. Immigration: Aggravated Felonies Under Federal Law?

  37. Motion to Vacate under PC 1473.7 – Discrediting Defendant

  38. PC 1473.7 Motion to Vacate Grounds: Defendant’s Own Error?

  39. If Defendant Did Not Meaningfully Understand Deportability?

  40. Immigration: Removal for First Degree Residential Burglary?

  41. The Criminal Defense Attorney, Immigration Advice Duty

  42. Does a Judge Have Discretion to Find 1473.7 Motion Timely?

  43. What is Assembly Bill (AB) 1259 for PC § 1473.7?

  44. Can One File a 1473.7 Motion to Vacate While in Custody?

  45. Addressing Prejudice in 1473.7(a) & AB 1259 Motions

  46. Motion to Vacate Denied, Immigration Consequences

  47. Showing Prejudice in a P.C. 1473.7 Motion to Vacate

  48. If Immigration Warning Says Conviction “May,” O.K.?

Improper Traffic Stops / 911 Calls

  1. Drug Evidence Suppressed When Police Improperly Stop Vehicle

  2. Officer's Good Faith Does Not Save Improper Traffic Stop

  3. Traffic Stop When Officer Lacked Reasonable Suspicion

  4. U.S. Supreme Court Changes Legality of a Traffic Stop

  5. Dog Sniff of Car Improper If Driver Driving on the Shoulder

  6. When Is a Traffic Stop by Police a Detention for a DUI?

  7. Anonymous 911 Call Admitted into Evidence without Authentication?

  8. Lower Standards for DUI Stop Based on Anonymous 911 Call

  9. May Police Point Their Guns at You Based on Anonymous Tip?

  10. Can a Visual Estimation of Speed Suffice for a Traffic Stop?

Jail / Prison / House Arrest

  1. Useful Information About California State Prisons

  2. AB 109 - A Prison Sentence Can Be Served in County Jail

  3. AB 109 Doesn't Always Change Prison to County Jail Sentence

  4. Be Careful What You Bring with You When Visiting in Jail

  5. Penal Code § 4573.5, Bringing Contraband into Jail?

(Jail / Prison/ House Arrest Articles Continued on Next Page)

FOR ARTICLE TOPICS FROM JAIL / PRISON / HOUSE ARREST CONTINUED TO MENTAL COMPETENCY / CAPACITY CLICK HERE.

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