Category Archives: Uncategorized

Good Faith Reliance on Bad Laws: Two New Cases

The United States Supreme Court decided two major Fourth Amendment cases recently that significantly change the way California police officers conduct criminal investigations. Last year, in Missouri v. McNeely, a majority of the Court held that police officers may not … Continue reading

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It was a joke, stupid.

The Daily Journal published a story today that is almost too unreal to believe. Kern County Deputy District Attorney Robert Murray was prosecuting a child molestation case. As part of his discovery obligations, he sent a transcript of the defendant’s … Continue reading

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Proposition 47: The Safe Neighborhood and Schools Act

The Secretary of State confirmed yesterday that Proposition 47 — The Safe Neighborhoods and Schools Act — will come before the voters on November 4, 2014. The initiative would create monumental changes to California laws concerning simple drug possession and … Continue reading

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Voting Rights for Convicted Felons: Even Bob Filner

Today’s Los Angeles Daily Journal carries an Associated Press story detailing the felony plea bargain reached by former San Diego Mayor Bob Filner and our state Attorney General’s office. After describing the terms of his sentence relating to the sexual harassment allegations … Continue reading

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Good News and Bad News: One Bill Signed, Another Vetoed

Yesterday, Governor Brown finished his review of legislation passed at the close of this year’s Legislative session. The good news is that he signed one bill that will allow a greater number of people to seek expungement of their felony … Continue reading

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Big Change to Narcotic Transportation Laws

A major change to our state’s drug trafficking laws took place last week. Governor Brown signed AB 721, which changes the definition of “transports” in California’s two main drug trafficking statutes, Health and Safety Code sections 11352 and 11379. Under … Continue reading

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The Most Grateful Client

Clients can show gratitude to their counsel in a number of ways. Some write heartfelt letters of appreciation at the conclusion of their case. Others become great referral sources, spreading good words about you to their friends and family. On … Continue reading

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Kelly Thomas Case: Statement of Brian Gurwitz to Fullerton City Council

Comments of Brian Gurwitz before the Fullerton City Council May 15, 2012 On behalf of my client, Cathy Thomas, I wanted to say a few words about today’s settlement. First, my client is hopeful that it helps to continue the healing process that she and the citizens of … Continue reading

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Obtaining Discovery More than 30 Days Before Trial

Under the California Penal Code, prosecutors are required to provide defendants with discovery to assist them in preparing their cases. Depending on the case, discovery can include things like police reports, 911 tapes, witness statements, and prior criminal convictions of … Continue reading

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Prosecuting the Hecklegate 11

I’ve been an attorney practicing criminal law for over 16 years. Until last week, however, I had no idea that the Penal Code explicitly makes it a crime to disturb a meeting. I suspect I’m not the only California lawyer … Continue reading

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