Many Attorneys tell their clients the “expungement is a right. In fact, Penal Code § 1203.4 uses the word ‘shall’, meaning the court has no discretion to deny an expungement request if the defendant…more
Camilo Hernandez was fifteen years old when he was arrested for allegedly helping Cristian Argeta, an adult shoot into a group of six Afican American teenagers in Compton. Before shooting, Hernandez and Argeta yelled…more
Pacoima police received information that a shoe store there was selling narcotics. The police then put the store under surveillance. On February 2, 2009, police saw Carlos Garcia go into the store and leave with a large white…more
California Penal Code § 594 defines vandalism as defacing another’s property with graffiti “or other inscribed material,” or damaging or destroying another’s property. To be convicted of violating…more
Reckless driving is defined as driving “a vehicle upon a highway in willful or wanted disregard for the safety of persons or property…” Under subsection (b) of Vehicle Code § 23103, this crime can be…more
Assault is a crime that often seems hollow because no one is physically injured, although no prosecutor would so characterize it. Assault, as defined by Penal Code § 240, is “an unlawful attempt, coupled with the…more
It is not uncommon during acrimonious divorces and child custody proceedings to hear one parent claim the other parent has “abducted our child.” The parent missing the child calls the police, not only hoping to…more
In the early evening hours of January 9, 2009, Aren Aznavoleh was driving a red Quest minivan eastbound on Glenoaks Boulevard in Glendale. Two witnesses at different locations observed his van going at about sixty miles per…more
T.C., a minor, stole a car and then rammed it into a curb in a high school parking lot, rendering it a total loss. When police attempted to arrest him, he allegedly resisted arrest and injured a police dog that was being used…more
Kidnapping is often considered a crime only practiced in third-world countries like El Salvador and Ecuador. However, it certainly occurs here in the United States, but often in a far less serious newsworthy context. In fact,…more
Unconsciousness is a complete defense to a criminal charge unless defendant voluntarily induced his or her unconsciousness. Voluntary intoxication includes the taking of an intoxicating drug while knowing of its effects on, in…more
In 2000, Jose Moncada was caring for his then three month old son, Joseph. Joseph was fussy and Jose became frustrated from the crying. Jose then forcefully pushed his son’s face into the arm of a couch to quiet him…more
In our experience, juveniles often commit multiple offenses in a short time. Sometimes the offenses are all minor; sometimes they are quite serious. When there is such an apparent “crimes spree,” a common question…more
In 2011 in Lancaster, California, Luis M., a juvenile, was arrested for committing vandalism. The alleged damage was over $400, a violation of Penal Code § 594 (a) (“Felony Vandalism”). The petition filed in…more
Cortez Washington was convicted in Illinois in 1998 of aggravated battery with a firearm, a felony, and in the same state, in 1993, of aggravated battery, also a felony. In each Illinois case, the crime is defined as involving…more
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