California

A pretrial risk assessment measures whether California criminal defendants are likely to endanger others’ safety or miss court should they be released on their own recognizance. If the criminal bail system ends following the November 2020 referendum on whether to pass Senate Bill 10, a defendant’s pretrial risk assessment — and not personal wealth — …

Public Policy Exceptions to At-Will Employment — Wrongful Termination LawWatch this video on YouTube Most employees in California are at-will, meaning you can be fired for any reason. Under the public policy exception, however, it is wrongful termination to fire you for exercising a legal right, such as reporting an OSHA violation.1 For you to …

For crime victims, fear and confusion may not end with the crime itself. Unfortunately, a crime victim may experience witness intimidation from their attacker.  Sometimes, criminals use physical assaults, threats and other tactics to intimidate victims and deter them from cooperating with law enforcement and testifying in court. Such victims may need witness protection services. …

In 1997, four kindred spirits locked themselves together to protest the logging of ancient redwood trees.  Northern California cops responded by searing their eyes with pepper spray. The protesters did not give up.  Not on trees and not on constitutional rights.  They persevered through the pain and then they sued the cops that made them …

Out-of-home placement is when a minor is removed from the home and ordered to reside in a foster home. In California, this is sometimes referred to as suitable placement, foster care, or a level 14 group home. The county probation department is responsible for determining and recommending suitable placement. Under Welfare & Institutions Code § …

Updated September 19, 2020 Our law firm represents inmates at Sexually Violent Predator proceedings throughout California, helping them to gain release from custody and a chance to rebuild a normal life outside of prison. When an inmate is released from the California State Prison, the state places him/her on parole. California’s parole laws vary with …

3 Strikes Law: Do Juvenile Convictions Count?Watch this video on YouTube A juvenile crime counts as a strike under California’s “Three Strikes” law when it is one of the offenses listed in Welfare & Institutions Code 707(b). The following requirements must be met: the minor is age 16 or older, the minor is made a …

"Ward of the Court" When Can a Minor Be Taken Away from Their Parents in California?Watch this video on YouTube Being a ward of the juvenile court means that the court assumes primary responsibility for the control and treatment of a minor who has violated any law other than a curfew. This means the court …

A reexamination is a proceeding where the California DMV reevaluates your ability to drive safely. The DMV does this when it receives information casting doubt on your driving skills. Common reasons include a physical or mental condition such as seizures or narcolepsy. The reexamination process involves an interview of you and an examination of the evidence. It may …

The Interstate Compact for Adult Offender Supervision (“ICAOS”) is an agreement that governs interstate travel by people on probation. It contains a uniform set of procedures and conditions under which U.S. states and territories will allow most probationers to move or travel to another state. Under ICAOS, probationers who wish to leave California must obtain …

What is "Deferred Entry of Judgement" in California Juvenile Cases? DEJ Explained by Top AttorneyWatch this video on YouTube Deferred Entry of Judgment (DEJ) under Welfare & Institutions Code 790 WIC is a type of juvenile probation where a minor admits to committing a felony offense. Judgment is deferred, or “not entered.” The minor is …

Can I Get "Work Release" or "Work Furlough" Instead of Jail in California?Watch this video on YouTube Work furlough is a free California program that allows you to live in a state-monitored facility and work a regular day job as long as there are less than 120 days left of your jail sentence. If you …

Minors accused of juvenile crimes in California have the right to remain silent and to be read a “Miranda warning” before being interrogated. The Miranda warning is the one often heard on television and in the movies: You have the right to remain silent. Anything you say can and will be used against you in …

When your minor child (under 18) is arrested in California and held in custody, the first hearing they will have is a detention hearing. The purpose of the hearing is to determine whether or not your child needs to stay in juvenile hall pending the outcome of the case. Juvenile defendants do not have the …

When you allegedly commit a crime in another state, or suffer a conviction in another state and either escape from imprisonment, or allegedly violate the terms of your bail, probation, or parole and are subsequently discovered in California, you may be required to return to that state to face criminal proceedings.  This process – that …

What is a "Harvey Waiver"? And can it help get criminal charges reduced or dismissed?Watch this video on YouTube A Harvey waiver is an agreement by a defendant that any counts dismissed as part of a plea agreement can still be considered for the purposes of sentencing on the remaining counts. The waiver is typically used …

The California DMV may not revoke, suspend, or restrict your driver’s license just because you are over a certain age.1 Though if you are a senior citizen, this may not feel true. The California DMV has a number of policies in place that can make it difficult to retain your driving privileges in your golden …

Playlist: Pretrial Diversion in CaliforniaWatch this playlist on YouTube California’s pretrial diversion allows you to avoid both jail time and a criminal record by undergoing treatment and education. If you complete the program successfully, your case is dismissed and your arrest record gets sealed as though the crime never happened. California’s four pretrial diversion programs …

California's 2018 "Felony Murder rule" — How did it change the law?Watch this video on YouTube Under the California felony murder rule, a person can be held liable for murder for attempting, committing, or being a major participant in a felony crime and in so doing either directly kills someone, aids and abets in first-degree …

Marsden Motions — How to Fire Your Public DefenderWatch this video on YouTube A “Marsden Motion” is brought by a defendant in a California criminal case asking to discharge the court-appointed attorney or public defender. This motion is filed with the court and the request is evaluated at a Marsden Hearing where the court makes …

If California voters choose to pass Senate Bill 10 in the November 2020 referendum, California criminal courts will use validated risk assessment tools to help decide whether defendants should be released from jail pending their trial. Specifically, these tools help Pretrial Assessment Services (PAS) to determine whether a defendant is likely to either: endanger others’ …

Home on probation is a type of sentence given to minors who commit criminal offenses. The minor is allowed to live at home with their parents but is required to follow specific terms and conditions. At a minimum, every juvenile placed at home on probation must attend school, have a curfew, and pay restitution. If …