New diversion program in California for misdemeanors and felonies

New diversion program in California for misdemeanors and felonies

California Assembly Bill 1810 has been signed by the Governor, and this diversion program has immediately become law as California Penal Code 1001.36. This law is similar to diversion for military persons per California Penal Code 1001.80. First, keep in mind this may not be available for someone accused of DUI (see California Vehicle Code 23640). Although there was arguments from the People to stop the military diversion from applying to DUIs,...

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Can the People dismiss, refile the same charges, then paper the same Judge? A’nope. Birts v. Superior Court

Can the People dismiss, refile the same charges, then paper the same Judge? A’nope. Birts v. Superior Court

I have to begin by saying that this case is just silly. Check out this timeline: The case gets assigned to a Trial Judge. The Judge ruled on several pretrial motions against the People, and then they dismiss for insufficient evidence. The People file charges the next day with a new case number, although there are no new facts. The case goes to trial again and gets assigned to the same Judge as before. And the People move to disqualify the Judge...

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Is a check swab for a felony offense an unreasonable search? People v. Buza

Is a check swab for a felony offense an unreasonable search? People v. Buza

Is a check swab for a felony offense an unreasonable search? The California Supreme Court say no, per their April 2, 2018 decision People v. Buza. Here, Defendant was arrested and booked on felony arson charges. For booking, the Jail required a cheek swab per the DNA Act (California Penal Code 298.1(a)), which Defendant refused. So he got an added criminal charge of refusing to provide a DNA sample. Jurors convicted across the board on all...

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Can Police search your car two blocks away? People v. Johnson

Can Police search your car two blocks away? People v. Johnson

A car parked two blocks away from arrest is not within the automobile search incident to a recent occupant’s arrest. This is from the March 28, 2018 Court of Appeal, 2nd Appellate Dist., 7th Div. decision People v. Johnson, 21 Cal. App. 5th 1026. Let’s grab a quick recap of Constitutional rights and Police searching your vehicle, and then discuss Johnson. To start, “[a] search incident to a lawful arrest is a well-established exception to...

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More decisions on implied consent as we await Arredondo

More decisions on implied consent as we await Arredondo

From February 26, 2016, the Court of Appeals of California, Sixth District decided People v. Arredondo which discussed whether implied consent for a DUI blood draw is actual consent (see 245 Cal.App.4th 186). I blogged about Arredondo here. Implied consent meaning that when you apply for a California driver license, CA DMV makes you sign into a statement saying if you’re arrested for DUI in California that you have given implied consent to...

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