U.S. v. Lara – Ninth Circuit Holds Probation Searches Must Be Reasonable – Suppresses Cell Phone Search
On March 3, 2016, a Ninth Circuit panel reversed a district court’s denial of a motion to suppress evidence obtained as a result of warrantless, suspicionless searches of the defendant’s cell phone, and remanded for further proceedings. The panel noted that a probationer’s acceptance of a search term in a probation agreement does not by […]
People v. Gutierrez – Prop 36 applies where there is a PRCS violation
On March 2, 2016, the California Court of Appeal for the Second District decided People v. Gutierrez. It held that where a defendnat is on PRCS, and the nature of an alleged violation is non violent drug possession, Penal Code section 1210.1 applies and the person should be referred to drug treatment rather than jail. […]
People v. Foy: 1st District holds that the 6th Amendment’s confrontation clause violated
On March 1, 2016, the first district court of appeal held in People v. Foy that the 6th Amendment’s confrontation clause was violated when a videotaped conditional examination was admitted at trial without a sufficient showing that the witness was available. The conditional examination testimony was admitted in a first trial without objection, as the […]
If you’re interested in learning more about the intersection of criminal and immigration law, I highly recommend starting by attending this seminar.
If you’re interested in learning more about the intersection of criminal and immigration law, I highly recommend starting by attending this seminar. http://www.ilrc.org/trainings-webinars/seminars/crimes-immigration-san-francisco
Case Result: Felony Grand Theft Reduced to Misdemeanor and Expunged
On February 19, 2016, upon our motion, a client of mine who was convicted of felony grand theft had her conviction reduced to a misdemeanor and then expunged from her record. Since she is not a citizen, this was a key motion to win, as she is now no longer inadmissible to the United States […]