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Violent Crimes Articles
Articles Related to Being Arrested for Violent Crimes
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Articles Related to Being in Court for Violent Crimes
Articles Related to Being in Trial for a Violent Crime
Articles Related to Sentencing of a Violent Crime
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- The Police Did Not Read Me My Miranda Rights – Will My Case Be Dismissed?
- Suspect’s Fifth Amendment Rights Not Violated When He Volunteered Statements About His Killing Another
- If You Receive Miranda Warnings, Your Talking and Subsequent Silence to Certain Questions Can Be Used Against You as Adoptive Admissions
- Insufficient Warrant Does Not Render Search Invalid
- Be Careful Who Your Friends are – You Can Be Arrested on a Warrantless Search
- When an Arrestee is Detained, it is Unconstitutional to Search a Car Without a Warrant.
- Swiss Army Knife in One’s Pocket is not Carrying a Concealed Dirk or Dagger (Penal Code § 16470)
- Murder and Robbery Conviction Overturned Where Defendant Confessed in Reliance on Detective’s False Promises of Leniency
- State Appellate Court Rules that a Law Allowing Collection of DNA from an Arrestee is Unconstitutional
- Criminal Liability for Animal Cruelty Was Vague Until Now
- Bail and Can it Be Reduced?
- What is the Law on Self Defense?
- Does Prop 47’s Definition of Unreasonable Risk to Public Safety Apply Retroactively to Allow Resentencing Under the Three Strikes Reform Act?
- What Is Murder (P.C. 187)? The Defenses? The Punishment?
- What Is Battery? What Are the Defenses? Punishment?
- What Is Child Abuse? The Defenses? The Punishment?
- Murder Conviction Reversed for Miranda Violation by Police
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Articles Related to Being in Court for Violent Crimes
- What Should I Wear and Bring to Court?
- Why Hire Private Counsel? Why Shouldn't I Just Use the Public Defender?
- What is an Arraignment?
- Is it Proper for the Prosecutor to Charge Me With More than What Police Arrested Me for?
- Which County Will Prosecute Me if I Committed a Crime in Two Different Counties?
- What is the Difference Between a Misdemeanor and a Felony?
- What is a Misdemeanor Pre-Trial Hearing?
- What is a Wobbler and May a Felony Be Changed to a Misdemeanor?
- What is a Felony Preliminary Hearing Setting Conference?
- What is a Preliminary Hearing?
- Systematic Child Abuse Over Time Supports Aggravated Mayhem Conviction
- Did the Prosecution Violate Your Sixth Amendment Right to a Speedy Trial?
- Partygoers’ Convictions for Attempted Murder Based on “Kill Zone” Theory Reversed
- Seventeen Year Old May Be Charged as an Adult With Federal Second Degree Murder Based on Lay Testimony that He Had Average Intelligence and Maturity
- Conviction for Felony Resisting Arrest (Penal Code § 69) Reversed for Improper Evidence of Prior Resisting Arrest Incidents Introduced
- When a Pitchess Motion is Granted, the Judge Must Review the Police Officer’s Confidential Personnel Records Rather than Delegate such Review to Another Person
- Man Discards Handgun While Walking Away from Police After Orders to Show His Hands; Motion to Suppress Evidence of Gun Denied
- Defendant is Guilty of Dissuading a Witness from Testifying When He Asks Victim to Settle Dispute through Muslim Custom and Not Trial
- First Degree Murder Conviction Reversed Because Judge Instructed Jury that it Was Not Necessary for the Jury to Agree Upon One Theory of Murder
- When a Gang Enhancement is Not a Gang Enhancement
- Mistrial Granted in Murder Trial When District Attorney Asks Over 100 Leading Questions of a Witness that Refuses to Answer Any Question.
- Conviction Reversed for Driver Permitting Another Person to Carry a Loaded Firearm in a Vehicle Because Crime Requires Driver’s Knowledge that Gun was Loaded
Articles Related to Being in Trial for a Violent Crime
- Beware: The Prosecution May Add Charges During Trial Based on Witness Testimony in Trial
- What is a “Trial Tax?”
- Shackling a Defendant With Leg Restraints During Double Murder Jury Trial Proper When Defendant Indicates Plans to Escape
- Double Jeopardy Prevents Conviction for Criminal Threats Involving Rottweiler
- Conviction for Attempted Criminal Threat (PC 422) Proper Although Neighbor’s Fears May Have Been Unreasonable
- Marijuana Grower’s Conviction for Voluntary Manslaughter Upheld from Killing Thief of His Crop
- Conviction Upheld for Possession of an Assault Weapon Although AK-47 Disassembled
- A Principal in Disturbing the Peace May Be Sentenced to 25- Year-To-Life for Attempted Murder that Follows
- Juvenile’s Conviction for Disturbing the Peace under Penal Code § 415 (2) While Stealing a Cell Phone Not a First Amendment Violation
- Pit Bull Owner is Criminally Liable for His Dog’s Biting a Neighbor, Who Hit the Dog With a Cane to Protect His Labrador Retriever
- Does Arson of an Inhabited Structure Include Setting Fire to an Inhabited Motor Home?
- Felony Resisting Arrest (P.C. § 69) Conviction Reversed
- Carrying Concealed Gun in a Car = Crime of Moral Turpitude?
- If Jury Not Instructed on Provocation Defense, Reversal?
Articles Related to Sentencing of a Violent Crime
- A “No Contest” Plea to New Criminal Charges Can Constitute a Probation Violation
- Judge May Prohibit Medical Marijuana Use as a Term of Probation
- What is Summary Probation?
- Prison Sentence? It May Be Served in County Jail Under a New California Law
- What is Split Sentencing?
- Sentencing Alternatives for Military Veterans Under Penal Code § 1170.9
- What is Private Jail?
- Can I Withdraw My Plea Based on Ineffective Assistance of Counsel?
- Court Makes Mistake in Sentencing Mentally Disordered Offender to Treatment
- Ten Year Restraining Order Proper for Mother Who Stalks Husband and Scares Daughter
- Defendant’s Use of Booby Trap to Kill Detective Warrants Sentence Increase as Personal Use of Firearm Even if Defendant is Gone When Trap Fires Gun
- Prosecutor’s Decision to Dismiss Two African-American’s Jurors during Penalty Phase of Death Sentence Case Found Not Racially Motivated
- Court May Not Involuntarily Commit a Mentally Retarded Person Without a Showing that Violence is Related to Retardation
- Immigration Consequences of a Plea to Misdemeanor Criminal Threats Are Not Grounds to Vacate a Judgement
- May a Sentence Enhancement Be Applied Twice on the Same Defendant for Acts on the Same Victim in the Same Day?
- What is a Criminal Street Gang for Purposes of a Sentencing Enhancement?
- What Punishment Do I Face for Making Annoying Phone Calls or Texts (Penal Code § 653m(a) or (b))?
- Prior Burglary Conviction Not a Predicate Offense to Enhance Defendant’s Federal Sentence for Felon in Possession of Firearm
- Drug Dealer Convicted of Manslaughter Can Be Sentenced for Other Charge for Great Bodily Injury Enhancement
- Is a Three-Year Great Bodily Injury Sentence Enhancement Proper for a Dislocated Finger Sustained by Victim during a Robbery and Kidnapping?
- Is Expungement Worth it?
- How Do I Have My Arrest Record Sealed and Destroyed?
- Criminal Threats on Facebook Post – U.S. Supreme Court’s Ruling Deserves a “Like”
- Court Improperly Finds Wisconsin Conviction a Prior Strike
- What is Marsy’s Law and What Does it Provide a Victim?
- Can Death Threats in a Rap Song Be Criminal Threats?
- Voluntary Manslaughter and Heat of Passion Circumstances
- Murder Conviction Overturned When DA Hides Sniff Dog Problem
- Prop 36 Resentencing Denied Due to Prior Juvenile Rape
- Can Sleepwalking Be a Defense to Attempted Murder?
- The Effect of Intellectual Disability on Sentencing
- Charged with Attempted Murder? Defenses? Punishment?
- Second Degree Murder vs. First Degree Murder – Differences?
- Is a Crime Committed As a Juvenile Invisible As an Adult?
- What’s Voluntary Manslaughter, the Punishment, the Defenses?
- What Is Involuntary Manslaughter? Defenses? Punishment?
- In Resentencing a Third Strike, is Stalking Eligible?
- Assembly Bill 327 (AB327)- The Fix for Unfairness in California's Three Strike Law?
- Court Vacates Sentence of 150 Years to Life By Dismissing Three Prior Strikes
- Resentencing of a Three Strikes Sentence Often Involves Difficult Document Gathering Challenges
- Adult Convicted of Resisting Arrest May Not Serve Sentence in County Jail Because of Juvenile Strike
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