The State of Washington was the first state in the nation to pass the ‘no-nonsense’ 3 strikes policy to address repeat, criminal offenders in 1993. California enacted its 3 strikes law shortly after Washington in 1994. These “habitual offender laws” are statutes adopted by individual state legislatures to impose harsher…
Articles Posted in Criminal Defense
Landmark Ruling: Police May Not Detain Traffic Violators Longer than Necessary
The Supreme Court once again re-visited the topic of traffic stops (the Court held this past December that evidence obtained from a search at a traffic stop based on a mistake of law was okay). Its most recent ruling issued on April 21 held that that police may not detain…
Another Incident of Police Reacting Badly to Being Filmed
On Tuesday, April 21, the U.S. Marshals Service announced they would be reviewing a video that shows a deputy U.S. Marshall in South Gate, California charging at a woman who was filming them at a crime scene, grabbing her phone, smashing it onto the curb, and then subsequently kicking her…
Francis Pusok and Walter Scott Illustrate the Continued Need to Preserve the Right to Film
As if the recent current events surrounding Eric Garner and Michael Brown were not enough, this month saw two more high profile cases detailing police misconduct and brutality which made national news. In South Carolina, the tasering and shooting of Walter Scott occurred as he was running away from the…
Unprecedented Criminal Case on New Revenge Porn Law
On Friday, April 3rd, 28 year old San Diego man Kevin Bollaert was convicted in the San Diego Superior Court and sentenced to 18 years for 27 counts of identity theft and extortion via California’s newly enacted revenge porn law. Additionally, he was ordered to pay $10,000 in restitution. Although…
What Does Domestic Violence Have to Do with the Family Dog?
Well, the answer is everything. Courts and the public opinion are increasingly viewing the family pet and other companion animals as family members, and the legal trend of covering pets in domestic violence (DV) protective orders are expected to increase. This trend responds to the evidence that 71% of women…
Gone Viral: The Story of an SDSU Student Passed Out While Driving
As I have blogged before on the status of California’s DUI laws, last week saw a perfect illustration of what happens when one is caught drinking and driving. A 25-year-old San Diego State student by the name of Amber Dlaine McKinney Morgan was rescued by California Highway Patrol (CHP) officers…
Local San Diego Rapper Demands Change In Law, Days After Criminal Case Dismissed (Update)
In a recent post, we discussed the current events surrounding local rapper “TinyDoo” (real name Brandon Duncan) and his charges of gang conspiracy. Specifically, Mr. Duncan, along with 15 other co-defendants, was charged in connection with gang criminal conspiracy connected with nine shootings that took place in San Diego between…
Proposition 47 Causes Noticeable Drop in California’s Incarceration Rate
Even though it has only been a few months since Proposition 47 has made its debut, the incarceration rate throughout the state of California has dropped a noticeable degree. As most of you may know, the controversial Proposition 47 (“Reduced Penalties for Some Crimes Initiatives”) made its way onto the…
When does the Miranda right apply?
Your Constitutional Rights The Miranda warning is a verbal warning that all police officers must give a suspect before s/he is about to be taken into custody, and applies the whole time s/he is in custody. Custody means a formal arrest or the deprivation of freedom where a reasonable person…