Posting violent language on facebook towards another, is this a criminal threat?
Facebook and other social media can be fun and informative. It can also be abused and abusive. Where is the line drawn? When is it protected free speech and when does it become a criminal threat? The United States Supreme Court weighed in on that question in Elonis v United States (decided June 1, 2015). In this […]
You have the right to remain silent: fact or fiction?
We all know from watching TV that you have the right to remain silent when arrested. But is that true? Can you simply refuse to say anything or do you have to say some kind of “magic words?” In 2007 while speeding, Richard Tom collided with another vehicle carrying a mother and her two children. […]
Mass Incarceration
Over the past four decades, our country’s incarceration rate has more than quadrupled and is now the largest in world history. About one in every 31 people is either incarcerated, on probation or on parole. The Southern Law Poverty Center has stated that “this vast expansion of the corrections system-which has been called ‘The New Jim Crow’, […]
US Supreme Court Rules Satellite Monitoring Constitutes a Search for Sex Offenders
The United States Supreme Court in Grady v North Carolina, held on March 30, 2015 that the North Carolina’s satellite-based monitoring program (the equivalent of California’s GPS system) of sex offenders constitutes a search under the Fourth Amendment. They remanded the case back to the state court to determine whether this search was unreasonable. What does this […]
Hofsheier Overruled. What is the impact of persons who have been relieved of their duty to register under Penal Code section 290?
Penal Code section 290 requires mandatory lifetime sex offender registration for persons convicted of most sex offenses including oral copulation with a person under 18, digital penetration with a person under 18 and other “consensual” conduct with persons between the age of 16 and 18. However, sexual intercourse with a person under 18 (commonly known […]
What to do if you are arrested, but were actually innocent. Sacramento Criminal Record Expungement Attorney on what to do if you are the victim of a False Arrest
Getting arrested is a tough thing to have happen to you. Moreover, getting arrested for something you didn’t do is really tough and can adversely affect your life long after it is all over. If you have been arrested for something you didn’t do, you need to get good legal counsel. Innocent people do get […]
California Supreme Court Addresses Jessica’s Law Proposition 83
Jessica’s Law California The California Supreme Court ruled on two cases involving the 2000 foot residency restrictions imposed by Jessica’s law (Proposition 83.) The purpose of Jessica’s Law is to keep sex offenders away from children. Both of these opinions were authored by Justice Baxter. However, in my view, the opinions are difficult to reconcile […]
Criminal Record Expungement Attorney in Sacramento Aids Public Benefit
If you’re a convicted felon who’s aiming to return as a productive member of society, having your record expunged greatly increases your chances of finding work again. Additionally, it may make it easier to receive aid payments from the government. The recent passage of Proposition 47 is already benefiting those in the prison system by […]
New Privacy Laws in California
California is a state that is concerned with the privacy of its citizens. This year there were several new Privacy laws signed into law and going into effect January 1, 2015. Use of Drones: Drones are being used at an ever-increasing rate by people for all kinds of purposes. Some are good and other not […]
California Gun Laws – New and Pending
California Gun Laws – New and Pending Governor Brown signed into law a new type of restraining order known as a “gun Violence restraining order.” This restraining order allows a family member to seek a 21 day ex parte firearm restraining order when someone poses “an immediate and present danger.” This order can be extended […]