Archive for the 'Criminal Defense' Category

Attorney Michael S. Carrillo Featured Alumnus of Whittier Law School

Thursday, August 19th, 2010

Michael Carrillo was recently featured on his alma mater, Whittier Law School’s, website regarding criminal law and his practice.
You can see the webpage by clicking this link - Featured Alumni
To see the interview, see the Q & A section on the bottom right of the website.

Can the recent regulation that awarded extra conduct credit be applied to me even if I was already convicted of a crime before the new legislation was enacted?

Monday, March 22nd, 2010

YES, the court can retroactively apply conduct credit for actual custody time spent if you were not convicted, or previously convicted, of a serious or violent felony and do not have to register as a sex offender.
When someone is charged with a crime and spent time in jail during the trial, this presentence [...]

Federal Judges Orders California State Prison To Reduce Inmate Population

Friday, January 8th, 2010

The Ninth Circuit Court of Appeals Rules That California Must Reduce The Population of Inmates in State Prison
On August 4, 2009, a three-panel Federal Court ordered that California reduce its inmate population. The Court cited California’s failure to protect the constitutional rights of the inmates in custody in California state prison as a reason [...]

Can the court order me to surrender my medical marijuana card and stop using marijuana as a term of probation?

Wednesday, January 6th, 2010

YES, the court can make you stop using marijuana and surrender your medical marijuana card as a term of your probation if you agree to it as a term.
When you are charged with a crime, the District Attorney’s Office will often offer for you to take a plea, which means you admit to some crimes [...]

What if the cops searched my car without my consent during a traffic stop? Do I have rights?

Wednesday, December 30th, 2009

Yes, you do have rights. The police are only allowed to search your car under limited exceptions which a lawyer can best advise you on.
When you are facing a criminal case there are many protections that allow the cops to invade your privacy and violate your 4th amendment rights but will later be deemed [...]

Can I Be Charged With Criminal Threats Even If I Don’t Live Near The Alleged Victim And Those Threats Were Supposedly Made While I Lived In Another State?

Thursday, December 10th, 2009

You Can Be Charged, And Convicted, Of Criminal Threats Even If You Make Threats From Another State
Criminal threats, under California Penal Code Section 422, Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement,…is to be taken [...]

What if police officers have indiscriminately enforced the law against me?

Sunday, November 22nd, 2009

Is There Anything I Can Do When The Law Has Indiscriminately Enforced Against Me?
A court cannot preclude from the discovery process evidence of discriminatory enforcement of the law against defendants and can be a valid defense in state and federal criminal proceedings. Criminal defendants may obtain a discovery order directing the prosecutor to produce information [...]

If I’m convicted of a drug charge, will that affect my immigration status?

Friday, November 20th, 2009

Controlled substance convictions may affect immigration status
In Bermudez v. Holder, a court recently ruled that possessing “a pipe and/or packets” that are used with the drug methamphetamine is a violation of the state law “relating to a controlled substance.”
Specifically, California’s law relating to controlled substances makes it unlawful to possess an opium pipe or any [...]

Police must know of parole search condition before conducting a search

Sunday, November 15th, 2009

When can the police conduct a search?
Searches conducted by police officers are lawful if the police have a legitimate reason to conduct the search. To determine if a search is lawful, a court will base its decision on circumstances known to the officer when search is conducted. The police may not conduct a search and [...]

Is it necessary to be handcuffed?

Sunday, November 8th, 2009

Generally, handcuffing a suspect during an arrest is allowed when the police officer has a reasonable basis for believing the suspect poses a present physical threat or might flee.
Circumstances in which handcuffing is considered necessary include when: (1) the suspect is uncooperative; (2) the officer has information the suspect is currently armed; (3) the [...]