The question often arises: can a criminal conviction be a snake in the grass as far as your immigration status is concerned? The California Supreme Court recently considered this question in the September 11, 2013 case of People v. Martinez. In 1992, Mr. Martinez was arrested for and charged with possession of marijuana. He pled […]
When Criminal Law And Immigration Law Collide Read More »
As a citizen of the United States of America, it is always good to know your legal rights. Perhaps one of the most common questions that people ask is whether it is legal for police to search one’s personal property without the consent of the owner and/or a warrant? The 4th amendment forbids unreasonable searches
The 4th Amendment and Illegal Search of Property Read More »
After the arrest and before the trial, there are a number of important events that take place in the life of a felony criminal case. Once a person is arrested, a judge determines the amount of bail. Bail cannot be tied to the evidence against the person — instead, the judge determines the likelihood that
Felony Pretrial Procedure Read More »
A sudden passion can separate murder from manslaughter, in a legal sense — but, where is that line drawn? On June 3, 2013, the California Supreme Court delivered People vs. Beltran, (124 Cal.App.3d 335). Mr. Beltran shared a residence with Claire Joyce Tempongko and Ms. Tempongko’s son. While the son called Mr. Beltran “Dad,” Mr.
The Heat Of The Moment Read More »
Los Angeles, CA – The Law Offices of Arash Hashemi announced that it has launched a fundraiser in support of Homeboy Industries and the wonderful job they do for the Los Angeles community. The goal is to raise Five Thousand Dollars ($5,000.00) for men and women looking to leave their gang lives behind by joining
Law Offices of Arash Hashemi Announces Fundraiser for Homeboy Industries Read More »
Traditionally, discovery in criminal cases was a one-way proposition: the prosecutor had a duty to disclose evidence to the defense, but the defense had no duty to reciprocate. That dynamic changed with Proposition 115. Proposition 115, narrowly approved by voters on June 5, 1990, made reciprocal discovery the rule in California criminal cases. While the
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When one thinks of the Civil Rights Movement two names might come to mind. The first, without a doubt, is Dr. Martin Luther King Jr.; and the other may be Malcolm X. These two people were both huge contributors to the movement, and moved the public with famous and powerful speeches. However, one important and
Thurgood Marshall – The First Black Supreme Court Justice Read More »
“If it doesn’t fit, you must acquit!” That line was made famous during the O.J. Simpson trial by a man who himself became a household name in America. His name was Johnnie Cochran. However, few seem to know that Johnnie Cochran was a well accomplished attorney and famous in his own right prior to the
On March 20, 2014, the U.S. 9th Circuit Court of Appeals upheld that California’s taking and storing DNA profiles from anyone arrested on suspicion of a felony is Constitutional. This caused a bit of controversy throughout the State, because some argue that this practice should not be legal. The state of Maryland practices the same
Taking & Storing DNA Evidence During The Booking Process in California Read More »
In August 2009, David Riley was pulled over in San Diego, California for having expired tags on his car and a suspended driver’s license. The officer impounded Riley’s car and conducted a warrantless search of the car. The officer found two handguns that were later linked to a shooting that had taken place a few
