Category: Clearing Up Record

Counterman v. Colorado – Supreme Court sets higher bar for prosecuting threats under First Amendment justices raising the bar for establishing when a statement is a “true threat” not protected…

 Salinas v. Cruz; The 2nd Court of Appeals of California Reverses Restraining Order Because Cross-Examination Was Barred The Court of Appeal for this district yesterday reversed a domestic violence restraining…

Another Court Strikes Cannabis Gun Control Law – United States v. Daniels Facts of the case In 1994, Earthy D. Daniels, Jr., was convicted of being a felon in possession…

Mistake, inadvertence, surprise or excusable neglect – Cal. Code Civ. Proc. § Section 473 In Furtherance of Justice the court can correct itself A 473 motion is a motion that allows…

WRITS and WRIT Types in the United States The Supreme Court (under Article 32) and the high courts (under Article 226) can issue the writs. 1. Habeas Corpus Means ‘to…

peremptory writ of mandate (or mandamus) A peremptory writ of mandate, or mandamus, is a judicial writ (i.e. order) to any governmental body, government official, or lower court requiring that the they perform an…

How to Reduce a Felony to a Misdemeanor – Penal Code 17b PC Motion A Penal Code § 17(b) motion is a petition asking the court to reduce a felony offense to a misdemeanor. This is only…

The Primary Caregiver Pretrial Diversion Act – SB 394 In recognizing the impact of parental incarceration on children in the United States, legislators are listening to those directly impacted by…

What Happens If Charges Are Dropped Before Trial? If you are charged with a crime in California, you will face legal action from the state. However, not all hope is…

THE PEOPLE v. DAVID THOMAS POWERS PEOPLE v. POWERS – Annoying Phone Calls 653m People v. Powers, (2011) 193 Cal.App.4th 158, 166. (“We conclude that the recordings appellant left on…