By Mani Dabiri | Published January 6, 2019 | Posted in Federal and State Criminal Defense, Government Subpoenas and Investigations, Post-Conviction Defense and Appeals | Tagged Tags: billofrights, collateralconsequences, domesticviolence, DUIs, gunsandammo, habeascorpus, mensrea, murderandmanslaughter, overcriminalization, punishment, sentencingalternatives, wobblers |
New California Criminal Laws: Part One
Let’s get to it. We’ve already covered the big new bail law, which won’t go into effect until October 1. Here are three new laws effective January 1, 2019. Drunk driving will catch you an ignition-interlock device on your car. This is Senate Bill 1046. It amends the Vehicle Code to require most anyone who’s convicted of Read More
Read MoreThe Pros and Cons of Bail Reform
We’ll see how California’s new bail law plays out in practice. On one hand, it promises to treat rich and poor alike when it comes to keeping someone in jail until any trial. It says everyone will get out within twelve hours on a misdemeanor charge, with some exceptions. And if you’re accused of a Read More
Read MoreCalifornia to End Money Bail
On August 28, Governor Brown signed Senate Bill 10 into law. It becomes effective October 1, 2019, and as you may have heard, it changes everything. It completely repeals the chapter of the Penal Code that provided for cash bail and replaces it with an entirely new one. Here’s the gist of it. If you’re arrested for Read More
Read MoreThe Right of Refusal in California DUI Cases
If you’re arrested for driving under the influence, and you’re asked to submit to a breath or blood test, remember that you still have a third choice. You can refuse to submit to such testing and face the consequences. What are those? You may lose your license for one-to-three years depending on your driving history; You’ll have to Read More
Read MoreIf At First You Don’t Succeed
Here’s that DUI case we alluded to last week. It’s based on a driver’s challenge to his license suspension after his arrest. His post-arrest blood test showed a blood-alcohol concentration (or BAC) of 0.23 percent. He challenged this finding at the DMV’s administrative hearing and lost. He then petitioned the superior court to overturn that finding and lost Read More
Read More
