Attorneys often hear this question—how do multiple convictions affect a sentence? Being convicted of more than one crime may have a big impact on a criminal defendant’s sentence or “punishment.” This issue comes up in the context of convictions for the same offense such as multiple DUIs, multiple convictions for…
This blog seeks to explain two basic concepts in criminal law which tends to lead to significant confusion: double jeopardy, and dual sovereignty. Double jeopardy is a constitutional principle that comes from the double jeopardy clause in the Constitution’s 5th Amendment. It means that you may not be charged or…
Although the topic of campus rape has made national headlines, the state of California is no doubt the most aggressive when it comes to addressing sexual assault on campuses. Last month, California Attorney General Kamala Harris and University of California President Janet Napolitano released a Model Memorandum of Understanding on…
In the government’s latest assault on civil rights, California Attorney General Kamala Harris has announced a new policy last month that the California Department of Justice (“CADOJ”) will only be issuing its annual reports on wiretaps as locked pdfs– which would significantly limit the public’s ability to view the information.…
The 14-year-old teenage girl who set the Cocos fire in San Diego last May was sentenced recently by Judge Howard Shore in a two-week non-jury trial. The minor, whose identity has not been revealed, was sentenced to 400 hours of community service and must pay $40,000 in restitution in fines.…
As mentioned in my previous post, Prop 47 (“the Reduced Penalties for Some Crimes Initiative”), which was approved by California voters via a ballot initiative last November 2014, would reduce the classification of most nonviolent and non-serious property and drug crimes from a felony down to a misdemeanor. Since then,…
Last month, District Attorney Bonnie Dumanis came out in public support of the new bill authored by State Sen. Marty Block (D- San Diego), SB 456, which would distinctly make it a misdemeanor crime for someone to threaten to fire a firearm on private and public school campuses. The bill…
Police agencies across the country have begun outfitting officers with the cameras as an attempt to regain the public’s trust back, and the SDPD is no exemption. However this is not enough. Last month, on April 30th SDPD was involved in yet another fatal shooting of an unarmed man, Fridoon…
The Senate Committee on Public Safety recently held a hearing at the end of April on Sen. Ben Hueso (D- San Diego) and the San Diego County District Attorney’s Office’s proposed bill. Senate Bill 603, which is currently making its rounds through the California legislative process in Sacramento, would require…
It has been a busy year for criminal law development. With the seemingly unending current events surrounding police and citizen relations, the topic of when it is legal to run from police has resurfaced. It is already established by now that Freddie Gray was not doing anything wrong when he…