Criminal Law

Maybe Not So "Inevitable" After All - First District Court of Appeal Says "No" to Prosecution's Claims of Inventory Search and Inevitable Discovery

One of the most common motions a criminal defendant and his or her attorney might bring is a motion to suppress evidence that was illegally obtained by law enforcement in violation of the defendant's constitutional protection against warrantless, unreasonable search or seizure. This constitutional right is guaranteed by the Fourth Amendment. Instead of seeking and obtaining a search warrant from a judge, law enforcement officers often rely on judicially-created exceptions to the Fourth Amendment's requirement of a search warrant.

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Proposition 64 Eliminates Drug Registration in Cannabis Cases

The passage of Proposition 64 in California has changed more than the class of offense for certain cannabis crimes.  It was specifically designed to be retroactive, permitting reductions in prior sentences, credit for time served, potential reduction in prior fines, and even outright destruction of certain records.
 
Another little discussed change in the law after Proposition 64 is the right for persons with cultivation, possession for sale, and transportation convictions to be relieved of any further duty to register.
 

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Janssen Malloy LLP Criminal Restitution Award Upheld on Appeal

In People v. Clark, Janssen Malloy LLP represented a victim of a sexual assault.  Pursuant to statute, victims of Penal Code (PC) section 288 are entitled to recover in criminal courts for pain and suffering as part of restitution.  PC section 1202.4(f)(3)(F) provides for the recovery of non-economic losses, including but not limited to psychological harm caused by a violation of PC section 288 (lewd act on child or dependent adult).
 

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Advocating for Victims in a Companion Criminal Case

Often in personal injury and wrongful death cases the District Attorney’s ("DA") office will be in a position to consider filing criminal charges.  In such circumstances the attorney you hire to represent you in the civil case should protect your rights and give voice to your concerns in the associated criminal case. 
 

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California Court Walks Fine Line Between Speech and Resisting Arrest

Whenever someone gives law enforcement lip, refuses to provide identifying information, or even verbally attempts to interfere with an investigation, our constitutional rights to free speech and to remain silent are in tension with an often-used California law prohibiting resisting, delaying, or obstructing a peace officer, public official, or EMT when that person is engaged in the performance of his or her duties, Penal Code section 148(a)(1).

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What to Do if Law Enforcement Has Contacted Your Child

Criminal investigations can be a harrowing and intimidating experience for adults suspected of having committed a crime, so it comes as no surprise that being the focus of a juvenile delinquency investigation can be scary to a minor and overwhelming to parents. Any minor brought before a court on a juvenile delinquency petition is entitled to a court-appointed attorney.

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Humboldt Needs to Be Ready for AB 266

Janssen Malloy LLP represents a number of local wine and craft beer businesses and has become familiar with the regulatory and licensing rules that must be followed in order for businesses to comply with the law and succeed.  Those rules and regulations have not applied to the marijuana industry in California.  But comprehensive marijuana regulation was a matter of time in California.  The time may be now.  

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Channel 3 Interviews Janssen Malloy Partner

News Channel 3 asked Janssen Malloy LLP Partner Patrik Griego to discuss POBRA, known commonly as the peace officer’s bill of rights, and to explain what rights police officers have when dealing with the press and being questioned after an officer involved shooting. Janssen Malloy LLP has represented dozens of peace officers in officer involved shootings in Humboldt County, Del Norte County, and on tribal land for the past fifteen years.

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Are There Time Limits on Victim Restitution?

The California Supreme Court recently depublished two appellate decisions on whether a victim can still seek restitution from a criminal defendant after that defendant is off of probation.

People v. Ford had held that criminal restitution could be sought even after a criminal defendant was off of probation.

People v. Hilton had found that unless a court reserved jurisdiction then jurisdiction is lost upon termination of probation.

The California Supreme Court will likely decide the issue within the next year.

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Even the Smallest Victims Have Rights

The statistics on childhood victimization rates are staggering even before one considers the problem inherent in counting the victims—i.e., underreporting by the victims themselves. According to the Crimes Against Children Research Center, 1 in 12 children have experienced sexual victimization, including sexual assault or rape. In addition to physical injuries, the psychological injuries can be life-altering. Abused children may become prone to depression, anxiety, substance abuse, or other psychiatric disorders lasting well into adulthood.

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Restitution for Humboldt County Crime Victims

Persons who have been harmed by criminal conduct often find that the prosecutor is appropriately focused on obtaining a conviction, but has less time to address the harms suffered by the victim.  Although the courts routinely reserve the right for victims to seek restitution, a victim oftentimes finds that they do not have the time or resources to ensure that they actually get back before the court to obtain a restitution order.It is important to know that as a victim of criminal conduct in Humboldt County you have a right to have your own lawyer present with you in court and to have that l

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Ban on Medical Marijuana Dispensaries Upheld

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Confidential Informants May Testify in Disguise

A three judge panel of the Ninth Circuit Court of Appeals recently ruled that a confidential law enforcement informant could testify in court against a criminal defendant while in disguise. Defendant Jorge De Jesus-Casteneda appealed his conviction on drug related charges, arguing that the confidential informant’s mustache and wig disguise while testifying on the witness stand violated the Confrontation Clause of the Sixth Amendment to the US Constitution .

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SCOTUS Considers Use of Drug Sniffing Dogs

The U.S. Supreme Court recently heard oral arguments in two cases concerning the use of drug sniffing police dogs and the Fourth Amendment’s ban on unreasonable searches.  Both cases originated in Florida.  The first, Florida v. Jardines, involved a Labrador named Franky.  After receiving an anonymous tip, police brought Franky to the porch of a private home, where Franky alerted to the presence of drugs inside.  The police used Franky’s alert to obtain a search warrant of the home, which was found to be a marijuana grow house.

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Medical Marijuana Coop Same as Food Coop

The Fourth District Court of Appeal recently reversed a trial court's decision to deny a defendant the right to argue to the jury that his actions complied with California's medical marijuana laws.

Recently, various law enforcement officials had taken the position that it was never legal for a medical marijuana dispensary to sell medicine to its members. Using a narrow interpretation of the Medical Marijuana Program Act (MMPA), some argued that marijuana could only be shared among members of a collective when each member assisted in the cultivation process.

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Medical Marijuana Dispensary Bill Clears Assembly

Medical marijuana dispensaries in Humboldt County and Del Norte County have faced an uncertain legal landscape because of a recent push by both local and federal officials to claim that California’s medical marijuana laws do not permit the selling of medical marijuana to members of a cooperative, despite published guidelines by California’s Attorney General which do permit such sales.  A recent crackdown in Del Norte County of a marijuana cooperative operating within the law has sent waves of fear into the community of patients in Crescent City.

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Lawsuit Filed to Stop Early Release of Inmates

As Humboldt County lawyers, we are seeing many requests for early releases from the Humboldt County Correctional Facility and prison based on new legislation to address overcrowding.   Crime victim advocacy groups have recently joined California lawmakers in filing a lawsuit against new potential legislation that would allow the state to release around 6,500 inmates this year before their prison sentences ended.   The new legislation would conflict with a voter-approved initiative that prohibits early releases to solve overcrowding problems, the lawsuit alleges.

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New DMV and DUI laws for 2009

Important new laws pertaining to DUI and other driving violations are contained at the DMV website.  The laws heighten penalties for anyone driving after drinking alcohol who is on court-ordered post-DUI probation.  The new laws also give greater consideration to the use of ignition interlock devices for DUI convictions and for those with a prior DUI conviction who is subsequently convicted of driving on a suspended license.   A summary of some of the new laws is listed below and a full list is contained

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DUI ARREST IN HUMBOLDT COUNTY?

If you have been arrested for a DUI in Humboldt County,  you were likely given a pink notice of suspension and temporary driver's license at the time of your arrest or release from jail.   It is important that you seek legal advice immediately because you have only ten (10) days after receipt of the notice of suspension to request a Department of Motor Vehicles ("DMV") hearing or your license will be administratively suspended by the DMV.   If you are 21 years of age or older, and took a blood, breath, or urine test, and the results showed .08% Blood Alcohol Content ("BAC") or more,  a firs

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