While some states restrict expungement of records to cases in which the defendant was innocent or wrongfully prosecuted, California is more willing than other states to give criminal defendants a fresh start following a criminal conviction. In People v. Parker, a June 24, 2013 decision from the Second Appellate District, the Court considered the case […]
Court Upholds Broad-Based Expungement Read More »
71-year-old Herman Wallace died on October 8, 2013, approximately one week after being released from prison in Louisiana. Mr. Wallace, a member of the Black Panthers and one of the Angola 3, was convicted of armed robbery in 1971 and sent to Angola State Prison. The next year, he was accused of fatally stabbing a
Man Held In Solitary Confinement For 41 Years Read More »
The Supreme Court of the United States of America is the highest court in the country. The Court hears cases that are on appeal from a United States Circuit Court decision. The Supreme Court can choose to overturn the opinion of the lower court, or they can rule Stare Decisis, which is Latin and translates
Law Enforcement and Qualified Immunity Read More »
In October 2013, California Governor Jerry Brown signed a law that expanded the definition of disorderly conduct and invasion of privacy. Senate Bill 255 outlaws so-called “revenge porn,” which involves the posting of private, pornographic photos of another person as a means of revenge against an ex-partner. The bill, which goes into effect immediately, specifically
Revenge Porn Now Illegal in California Read More »
A woman accused of murdering her two children has requested the death penalty. In September 2013, police in Orange County arrested 42-year-old Marilyn Edge of Scottsdale, Arizona in connection with the murder of her two children, aged 9 and 13. Prosecutors allege that Ms. Edge poisoned her children after she lost a custody battle with
Murder Suspect Gives Up Read More »
Expungement in California, particularly for expunging California criminal records, is a vital legal process for individuals aiming to conceal their criminal history from the public eye. This process, while not completely erasing the conviction, significantly lessens its impact, thereby enhancing opportunities in employment, housing, and other crucial aspects of life. Key Penal Code Sections for
Expunging California Criminal Records Read More »
The question often arises: can a criminal conviction be a snake in the grass as far as your immigration status is concerned? The California Supreme Court recently considered this question in the September 11, 2013 case of People v. Martinez. In 1992, Mr. Martinez was arrested for and charged with possession of marijuana. He pled
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As a citizen of the United States of America, it is always good to know your legal rights. Perhaps one of the most common questions that people ask is whether it is legal for police to search one’s personal property without the consent of the owner and/or a warrant? The 4th amendment forbids unreasonable searches
The 4th Amendment and Illegal Search of Property Read More »
After the arrest and before the trial, there are a number of important events that take place in the life of a felony criminal case. Once a person is arrested, a judge determines the amount of bail. Bail cannot be tied to the evidence against the person — instead, the judge determines the likelihood that
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A sudden passion can separate murder from manslaughter, in a legal sense — but, where is that line drawn? On June 3, 2013, the California Supreme Court delivered People vs. Beltran, (124 Cal.App.3d 335). Mr. Beltran shared a residence with Claire Joyce Tempongko and Ms. Tempongko’s son. While the son called Mr. Beltran “Dad,” Mr.
The Heat Of The Moment Read More »
Los Angeles, CA – The Law Offices of Arash Hashemi announced that it has launched a fundraiser in support of Homeboy Industries and the wonderful job they do for the Los Angeles community. The goal is to raise Five Thousand Dollars ($5,000.00) for men and women looking to leave their gang lives behind by joining
Law Offices of Arash Hashemi Announces Fundraiser for Homeboy Industries Read More »
Traditionally, discovery in criminal cases was a one-way proposition: the prosecutor had a duty to disclose evidence to the defense, but the defense had no duty to reciprocate. That dynamic changed with Proposition 115. Proposition 115, narrowly approved by voters on June 5, 1990, made reciprocal discovery the rule in California criminal cases. While the
Discovery In Criminal Cases Read More »
