The Criminal Appeal Process in California
If someone is convicted of a crime in California, they have the right to appeal the conviction or the sentence. An appeal is a legal process where a higher court reviews the decisions made by the trial court to determine if any mistakes affected the outcome. The appeal process starts after the trial court enters […]
The Civil Appeal Process in California
In California, if a party is unhappy with a trial court’s decision in a civil case, they can file an appeal. A civil appeal is a request for a higher court to review the trial court’s decision to determine if any legal errors affected the outcome. The appeal process starts with filing a notice of […]
Restoring Gun Rights After a Federal Felony Conviction in California
When someone has a federal felony conviction, regaining the right to possess firearms is a complex process governed by both federal and state law. Here’s an overview of how the process works, what exceptions exist, and the typical timeline. Federal law prohibits anyone convicted of a felony from owning, possessing, or purchasing firearms. This prohibition […]
Simplifying Federal RICO
Federal RICO, or the Racketeer Influenced and Corrupt Organizations Act, is a law designed to fight organized crime. It allows the government to charge people or groups who engage in a pattern of criminal activity as part of an organization. A “pattern of criminal activity” usually means committing at least two related crimes, such as […]
Protective Orders in Discovery for Criminal Cases
In criminal cases, protective orders during discovery are tools that limit how sensitive information can be shared between the prosecution and defense. Discovery is the legal process where both sides exchange evidence, such as witness statements, police reports, or documents. Sometimes, the information is confidential, sensitive, or could put people at risk if released freely. […]
Marriage Fraud in Federal Criminal Cases
Marriage fraud occurs when two people enter into a marriage for purposes other than a genuine marital relationship, often to obtain immigration benefits such as a green card. In the United States, this is considered a federal crime and is prosecuted under federal immigration law. To prove marriage fraud, the government must show that the […]
Defense Deposition of a Plaintiff Witness in an Auto Injury Case
In California auto injury cases, a deposition is a key part of discovery. A deposition allows one side, in this case the defense, to question the plaintiff or witnesses under oath before the trial. This process helps gather information, clarify details, and assess the credibility of the witness. A defense deposition of a plaintiff witness […]
Petition for Minor’s Compromise in California Auto Accident Cases
When a child is injured in a car accident in California, any settlement of their personal injury claim must be approved by the court through a process called a minor’s compromise. This ensures that the settlement is fair and protects the best interests of the child. A petition for minor’s compromise is a formal request […]
Cruel and Unusual Punishment in SHU: What It Means and Your Options
In California criminal law, prisoners placed in the Security Housing Unit (SHU) are sometimes subjected to conditions that may be considered “cruel and unusual punishment.” The Eighth Amendment to the U.S. Constitution prohibits punishments that are excessively harsh, degrading, or inhumane. This applies to both jail and prison inmates, including those serving sentences or seeking […]
Understanding the Kingpin Statute in Federal Criminal Cases
In federal criminal law, the Kingpin Statute is a powerful tool used to prosecute individuals who organize, supervise, or control large-scale drug trafficking operations. Formally known as 21 U.S.C. § 848, it targets leaders of criminal organizations rather than just lower-level participants. The statute applies to anyone identified as a “principal organizer, supervisor, or manager” […]