Claimed Lawyer ProfileQ&A
I have been involved in the criminal justice system for much of my adult life- as a Probation Officer, Deputy District Attorney, Judge Pro Tempore, and for the past 23 years as a committed fighter for the rights of the accused in Shasta County.
- Criminal Law
Jurisdictions Admitted to Practice
- Legal Services of Northern California
- Shasta County District Attorney
- Headed White Collar Crime/ Consumer Fraud Unit
- Deputy Probation Officer
- Los Angeles County Probation Department
- Loyola Law School, Los Angeles
- J.D. (1985) | Trial Advocacy
- California State University - Long Beach
- B.S. (1978) | Criminal Justice
- California State Bar # 119870
- - Current
20 Questions Answered
- Q. I got arrested for importing between 2 and 3 pounds back into Oregon. Is it a felony?
- A: You don't say who arrested you but under federal law, cannabis is still entirely illegal (apart from hemp). Under California cannabis law - MAUCRSA (Marijuana and Adult Use Cannabis Regulation and Safety Act) people can only work in the business under the state's licensing scheme, as an employee or owner of a state licensed business. ( Medical patients and personal use excluded). Possession for sale is a misdemeanor, unless minors are involved.
- Q. why is this case necessary in times likes this
- A: Atkins v Virginia, decided in 2002, held that it is a violation of the 8th Amendment prohibition against cruel and unusual punishment to execute a "mentally retarded" defendant, finding that " the large number of States prohibiting the execution of mentally retarded persons provides powerful evidence that today society views mentally retarded offenders as categorically less culpable than the average criminal."
- Q. ln California, does statute of limitations toll for a person who was living outside the US before, during and after
- A: The Statute of Limitations regarding a crime refers to the time limit on the State to file a complaint after commission of an offense, and is not tolled or affected by the defendant's absence from the state, or country.
- Q. What would be a reason to have charges dropped of warrant has wrong information
- A: Assuming the charges with respect to receiving stolen property (that was your own) are dismissed and you are charged with possession- You might be eligible for Diversion under Penal Code section 1000 (a). No felony convictions within 5 years or prior drug convictions (besides possession) within 5 years? There is no jail with Diversion. A motion to suppress the drugs might be in order if they violated your rights to locate them ( illegal detention, illegal search, illegal arrest); However, with an arrest warrant issued, that decision was made by a judge or DA with immunity.
- Q. What is the statute of limitations for penal code 4573.6?
- A: Three years.
- Q. An ex employee, a maid, purloins the house key entrusted to her by her former employers.
- A: A prosecutor would say: Entering a residence with the intent to steal (or any other felony) is a 1st degree burglary. The only evidence that it was a borrowing and not a theft (with the intent to permanently deprive) is in the mind of the taker, who is facing charges. And there was no attempt to ask permission, explain, or leave it when confronted by a family member. A defense attorney might question where the lawnmower and gas were located. A detached garage or other shed may not be part of the curtilage of the residence to qualify for 1st degree, which is a serious 'strike' felony, as opposed to 2nd degree or grand theft.
- Q. Is a clone a human and would homicide be illegal
- A: A clone of a human would be a human since they share the same DNA, so homicide of a clone would be illegal and a violation of Penal Code section 187, just as it would for a human.
- Q. Can a felony 529 charge be dropped to a misdemeanor?
- A: Yes. 529 P.C. is a 'wobbler', punishable as a felony or misdemeanor - so it can be reduced to a misdemeanor.
- Q. Can I change my APD if a trail date has been set?
- A: Most public defender offices will not allow you to pick, or change your appointed counsel, but you can hire an attorney privately at any time. The question is whether the court will allow the substitution of attorney if it delays the proceedings, because the ' People' have speedy trial rights too. The courts balance that against your right to be represented by an attorney of your choosing, which typically wins out. As long as the substitution is made within the statutory time frame to continue the trial,( which motion the attorney would no doubt be doing) , it should be allowed. In my jurisdiction that's 5 days before trial. Your local rules may differ.
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