Sometimes things may not go as planned in the trial court. Maybe the jury didn’t see things the way you had hoped, or maybe there is a change in the law in the course of a case or after conviction. Maybe your trial lawyer forgot something or made a mistake. The remedy may come from a consultation with an appellate lawyer. I recently had an opportunity to speak with appellate lawyer Anthony D. Z. Tony was kind enough to have answered a few questions about his practice. I have summarized his answers and added a few comments to aid in the …

Proposition 47 Passes Making Many Drug and Theft Offenses Misdemeanors In case you have not heard yet, Proposition 47 just passed. This means that many felony drug and theft offenses will now be misdemeanors. There is an exception in the law to exclude certain defendants with prior convictions for murder, rape and certain other sex offenses and gun charges. Also, the proposition has a retroactive effect which would allow previously convicted felons to be re-sentenced under the new law. Before re-sentencing the proposition requires some kind of criminal history review by a judge in order to assure the public that …

I hope you all had a happy Halloween. This weekend, not one but two friends called to say that their children had been arrested. One was a juvenile and was released with a notice that they would be contacted in the future to appear in court. The other was a young adult arrested in Los Angeles County for DUI causing injury or felony DUI. In LA, the bail schedule says if you are arrested for DUI causing injury your bail will be set at $100,000.00. This means that if you want to post bail, it will cost you or your family between $7,000 …

Kevin Hogrefe is Out on $500,00 Bail and Using the Public Defender Kevin Hogrefe posted bail of $500,000.00 and appeared at his arraignment out of custody yesterday in Ventura Superior Court. He was ordered as a condition of bail to wear and GPS tracking device and a skin monitor for alcohol. He appeared in court with a Ventura County Deputy Public Defender, Justin Tuttle. I happen to be a fan of the Ventura County Public Defender’s Office. I think the vast majority of these lawyers are hard working, well trained defense attorney who are practicing their trade in a very tough county. …

Innocent Unless and Until Proven Guilty Beyond a Reasonable Doubt Being arrested can be a terrible experience. You can deprived of your liberty, you could be embarrassed, it cost money to post bail to get out of jail and in the case of certain famous athletes, you could lose your job. The NHL or the NFL can do what they like with their players or do what they wish to their players. Each organization has rules in place to deal with situations that occur. Should a player get arrested, the organization has a policy about how to deal with the player. Just …

Understanding Your Rights When the Cops Show Up “I was completely cooperative with the cops…Won’t that help me?” “Don’t I have to answer their [cops] questions?” “I told them [cops] the truth, how can they use that against me?” These are three very common statements at my office. I hear them all the time and I have been hearing the same questions for decades. My answers are still the same, no, no and absolutely. Do you know your Miranda Rights? “Well, yes” is usually the answer. Anything you say can and will be used against you in court. We have …

These days one of the most common requests I get from clients is to help them “set up” a dispensary to sell medical marijuana. “No really”, they say, “I want to be legit”. The first thing I tell these clients is that they shouldn’t do it. Someone was in last week asking me to set him up with someone who could supply him with a larger volume of marijuana. I told him to get out. The first thing I have to say about setting up a marijuana “business” is that it is not legal. Nowhere in the California Attorney General’s Guidelines on …

Unless you live in a cave, by now you have likely heard about Ray Rice, the NFL player who was cut by the Baltimore Ravens after his video-taped domestic violence incident went viral. So I’m not going to talk about him. But reading about him, and watching the video, made me think about some other aspects of my business. It made me think how there are two sides to every story. It made me think about how we are all innocent until proven guilty and how quickly people jump to conclusions and it made me think about how technology plays a part …

A Deputy Los Angeles City Attorney was arrested Thursday for possession and distribution of child pornography. He was taken into custody at his home in San Pedro, California by Los Angeles Police Officers. The man, 57 year old Christopher Richard Garcia, works for the City’s “Airport Division” located at Los Angeles International Airport. Garcia was licensed to practice law in 1986 after graduating from Harvard Law School. According to the State Bar of California, Garcia has never been subject to any disciplinary action by the Bar and has been practicing law since he was licensed. Garcia is currently out of jail …

This weekend was the Budweiser Made in America Music Festival in downtown Los Angeles. Between Saturday and Sunday there were about 60 people either arrested or given a ticket to appear in court. What happens now? If one is given a citation or ticket to appear in court at a later date, then usually in three to 8 weeks they will be required to go to court to face either misdemeanor or infraction charges. If someone is physically arrested for a misdemeanor or a felony then they often have to post bail in order to get out of jail and …