Felony Murder in California: Could an Accidental Struggle Lead to Resentencing?
Charged under felony murder but didn’t kill anyone? SB 1437 and “reckless disregard” could offer a path to reduced sentencing. Here’s how… Understanding Felony Murder & “Reckless Disregard” California’s felony murder law makes accomplices responsible for deaths during certain felonies. However, a key element is “reckless disregard” for human life. But what exactly does that mean in practice? The Case: […]
Can the Racial Justice Act Help Those Convicted of Violent Crimes?
California’s Racial Justice Act was designed to rectify situations where racial bias influenced convictions or sentencing.Its aim is to uncover injustice and provide relief to those wrongly impacted by systemic discrimination. A Hypothetical Case: Execution-Style Murder Let’s consider a post-conviction defendant who committed an execution-style murder. Could they successfully seek relief under the RJA? Here’s why this […]
Can I Withhold Visitation if the Other Parent Doesn’t Follow Court-Ordered AA in California?
Dealing with a co-parent who struggles with alcohol addiction can be incredibly difficult, especially when court orders are involved. If they are ordered to attend Alcoholics Anonymous (AA) meetings and refuse, you might feel justified in wanting to withhold visitation. But can you legally do this in California? Visitation Rights and California Law What CAN You Do? Protecting Your […]
How Payout of Equity from a Marital Home Impacts Attorney Fees and Spousal Support
When navigating a divorce, understanding how the payout of equity from a marital home affects financial obligations such as attorney fees and spousal support is crucial. Here’s what you should know: Impact on Attorney Fees Impact on Spousal Support Key Considerations Conclusion Receiving equity from a marital home during a divorce can provide substantial financial […]
Understanding Stipulations in Family Law Cases
In family law cases, a stipulation plays a crucial role in resolving disputes or simplifying legal proceedings. Here’s what you need to know: Definition of Stipulation Purpose of Stipulations Common Examples of Stipulations in Family Law Key Considerations Conclusion Stipulations offer a flexible and efficient means of resolving family law matters by allowing parties to […]
Understanding Home Appraisals During Divorce
When couples decide to divorce, figuring out what to do with their shared home is a big decision. One important step in this process is getting the home appraised. Here’s what you need to know about home appraisals during a divorce: What is a Home Appraisal? Why Get an Appraisal During Divorce? How Does It […]
The RJA in Very Simple Terms
The California Racial Justice Act is a law that helps make sure people are treated fairly in court, no matter their race. This law was made in 2020 because sometimes, people might not be treated fairly because of their skin color or where they come from. Here’s what people ask the judges to do when […]
Navigating the California Racial Justice Act in Court
The California Racial Justice Act, established in 2020, marks a significant stride towards addressing and rectifying racial biases within the state’s criminal justice system. This law allows defendants to challenge convictions and sentences that they believe were influenced by racial bias. Here’s what petitioners are asking the courts to do under this act: Key Provisions […]
Key Insights into Federal Indictments, Superseding Indictments, and Enhancements in Criminal Law
When facing federal criminal charges in California, understanding the various terms and processes involved is crucial for defendants. This guide provides clear insights into federal indictments, superseding indictments, and enhancements—terms often encountered in criminal law. Federal Indictment: The First Step in a Federal Criminal Case A federal indictment is a formal charge issued by […]
Navigating Family Law Appeals: A Step-by-Step Guide
Appealing a family law decision can be a complex process, but it’s essential for those seeking to challenge a court’s ruling. This guide offers a comprehensive overview of the appellate process in family law cases, providing valuable insights for litigants considering an appeal. 1. Understanding Family Law Appeals: 2. Grounds for Appeal: 3. Initiating the […]