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Impact of the Shooting Incident on Donald Trump’s Political Career and Presidential Ambitions – Part 2

Posted on Aug 29, 2024 by David Chesley
Introduction The recent shooting incident involving former President Donald Trump has sent shockwaves through the political landscape, raising questions about its impact on his political career and presidential aspirations. As a polarizing figure, Trump has always been at the center of intense scrutiny and debate. This article delves into how this event might affect his standing within the Republican Party, his base, and the broader electorate as he eyes another run for the White House.

Immediate Reactions and Media Frenzy

The news of the shooting incident spread like wildfire, dominating headlines and social media feeds. Supporters and detractors alike were quick to react, with many expressing concerns for his safety while others speculated on the political ramifications. The media coverage has been extensive, with networks providing round-the-clock updates and analysis. Keywords such as "Trump shooting," "Trump political career," and "Trump 2024" have surged in search engine rankings, reflecting the public's keen interest in the incident.

Political Rallying Cry or Setback?

For Trump's supporters, the incident has become a rallying cry, galvanizing them around their embattled leader. Historically, Trump has thrived on controversy and adversity, often using such situations to energize his base. The shooting incident could further cement his image as a fighter who stands up against all odds, potentially boosting his support among his core followers.
Conversely, his critics argue that the incident might exacerbate concerns about the volatility and divisiveness associated with his candidacy. Some within the Republican establishment, who have been ambivalent about his influence on the party, may see this as an opportunity to push for a new direction. The shooting could serve as a catalyst for discussions about leadership and safety within political discourse, possibly affecting Trump's standing within the party.

Security and Campaign Strategy

The incident has inevitably raised questions about security for political figures, particularly those as high-profile and controversial as Trump. Enhanced security measures will likely be a significant focus for his campaign team moving forward. This could include increased personal protection, more stringent vetting of event attendees, and heightened awareness of potential threats.
From a campaign strategy perspective, Trump might leverage the incident to highlight issues such as law and order, Second Amendment rights, and personal freedom. These themes have been central to his political narrative and resonate strongly with his base. By framing the incident within these contexts, Trump can reinforce his platform and appeal to voters who prioritize these issues.

Impact on Trump's Health and Public Perception

Any incident involving personal harm inevitably brings questions about health and fitness, particularly for someone vying for the presidency. While early reports suggest that Trump is recovering, the long-term effects on his health remain uncertain. Voters will closely watch for any signs of weakness or vulnerability, which could influence their perception of his ability to lead.
Public perception is crucial in any political campaign, and Trump's handling of the aftermath will be scrutinized. Demonstrating resilience and a swift return to the campaign trail could bolster his image as a strong, determined leader. However, any perceived missteps or signs of frailty could be detrimental, particularly in the highly competitive and unforgiving arena of presidential politics.

Legal and Investigative Implications

The shooting incident will undoubtedly prompt investigations, both to identify the perpetrator and to understand the circumstances surrounding the event. Depending on the findings, there could be legal and political ramifications. If any links to political opponents or extremist groups are uncovered, it could inflame partisan tensions and influence voter sentiment.
Trump's response to the investigation will also be pivotal. A cooperative and transparent approach could help mitigate any negative fallout, while perceived obstruction or politicization of the process could fuel further controversy. The legal implications will be closely monitored by both supporters and critics, adding another layer of complexity to an already fraught political landscape.

Electoral Dynamics and Voter Sentiment

The incident has the potential to shift electoral dynamics, particularly in key battleground states. Trump's base is known for its loyalty, but independent and swing voters will play a crucial role in determining the outcome of the presidential race. Their reaction to the shooting and its aftermath could significantly influence the election's trajectory.
Polling data and voter sentiment analysis will be essential in understanding the incident's impact. Early indicators suggest a mixed response, with some voters expressing increased sympathy and support for Trump, while others voice concerns about the implications for national stability and security. The incident could also mobilize voter turnout, either in support of Trump or as a backlash against the perceived chaos and division associated with his candidacy.

Historical Context and Comparisons

Historically, incidents involving personal harm to political figures have had varied impacts on their careers. Examples such as the assassination attempts on Ronald Reagan and John F. Kennedy offer some parallels, though each case is unique. Reagan's near-fatal shooting in 1981, for instance, bolstered his public image and contributed to his political success.
Trump's situation, while different in many respects, will inevitably be compared to these historical precedents. The extent to which he can harness the incident to his advantage will depend on his ability to navigate the complex interplay of public sympathy, media coverage, and political strategy.

Conclusion

The shooting incident involving Donald Trump is a significant event with far-reaching implications for his political career and presidential ambitions. As the situation unfolds, it will continue to be a focal point of public and media attention. Trump's ability to turn adversity into an advantage has been a hallmark of his political journey, and how he handles this latest challenge will be critical in shaping his future.
Keywords: Trump shooting, Trump political career, Trump 2024, political rallying cry, security measures, voter sentiment, electoral dynamics, presidential race, media coverage, public perception, historical context, law and order, Second Amendment rights.
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The Trump Phenomenon in Legal Space: An Overview – Part 1

Posted on Jun 12, 2024 by David Chesley
Donald Trump, the 45th President of the United States, has been involved in a number of high-profile criminal investigations and litigations. These legal engagements have received national attention alongside their implications on his political future or any other ambitions he may have. In this article, we examine the main criminal cases confronting Trump, latest updates and possible consequences.

The Manhattan District Attorney’s Case:

The Manhattan District Attorney's office has been investigating Donald Trump for years over potential financial crimes perpetrated by his company, the Trump Organization. These crimes include tax evasion, insurance frauds, and tampering with business records among others. The case took a sharp twist after Cyrus Vance Jr., an ex-Manhattan DA finally managed to seize tax returns belonging to Trump after years of legal wrangles.

Latest Developments: In 2023 grand jury charged Trump organization together with its long-time chief financial officer (CFO), Allen Weisselberg with offenses that relate to tax evasion and fraud. Weisselberg admitted guiltiness and pledged cooperation with investigators thus there is probability that more charges could be preferred against Trump as well as his enterprises in future.

The Inquiry into Georgia’s Election Interference:

The President Trump is currently under investigation in Georgia for his efforts to overturn the 2020 presidential election results. Trump’s phone call with Georgia Secretary of State Brad Raffensperger that persuaded him to “find” enough votes to reverse Joe Biden’s win in the state is at the center of this probe.

Latest Developments: Fulton County District Attorney Fani Willis has put together special grand jury to review evidence and listen to testimonies. The process of investigation has moved forward by issuing subpoenas on some persons who are known allies of Trump have testified regarding their involvement in an alleged plot to change the result of elections.

A Study of The Capitol Riot Investigation from January 6th:

Subsequent to the attack on U.S Capitol on January 6, 2021, a House select committee as well as Department of Justice have launched investigations into Trump's role in inciting the riot. This involves assessing whether Trump and others actions amounted to criminal conduct designed at blocking certification of results from the general election held during 2020.

Latest Developments: The committee’s findings have been submitted to the DOJ for its separate investigations. Late 2023 saw several people close to Trump, among them former advisors and White House staffers, called upon as witnesses in a move that sharpened scrutiny on Trump’s activities leading towards and during the insurrection.

The Classified Documents Case:

Trump’s handling of classified documents after leaving office is one of the most disputed cases. The FBI raided Trump’s Mar-a-Lago residence in Florida and recovered many classified materials which were allegedly stored and transported improperly.

Latest Developments: A probe led by Special Counsel Jack Smith has seen charges filed against Donald Trump for mishandling classified papers and obstruction of justice. By early 2024, court proceedings are underway amid predictions of a long legal fight ahead according to some legal experts.

Impact on Trump's Political Career: The legal challenges confronting Donald Trump have cast an immense shadow over his political aspirations, especially as it relates to a possible 2024 presidential bid by him. Nonetheless, he continues to be a controversial figure with an unwavering support base. There is a possibility that these cases influence his future career path.

Campaigning amid Legal Tangles: Trump’s ability to campaign well could be significantly weakened by the sheer number of legal cases that he faces. This will mean that court appearances, depositions and legal strategies in his defense would have to take up a significant amount of his time and financial resources.

Voter Trust and Public Perception: These are some of the cases which dovetail into a more encompassing narrative of alleged dishonesty and wrong doing. Swing voters as well as independents may find themselves swayed by the weight of these charges while Trump’s core supporters might see political motivations behind such inquiries, thereby undermining his appeal among a wider section of the electorate.

Party Dynamics: Among Republicans there has been a discussion on Trump’s future within Republican Party caused by his legal issues. Even though a few members of GOP still maintain their steadfast support for him, others call for moving on with contenders who will not encounter such litigation baggage in their candidacy. Legal Consequences: Possible penalties from these proceedings may include fines, possibly even imprisonment or restrictions being placed upon them. He would most likely fail to realize his political dreams if he were convicted on criminal grounds or faced with any severe legal penalty.

Conclusion: A complicated story influenced by law and politics unfolds as Donald Trump confronts legal dilemmas. This is what this article will discuss as it progresses; how these cases affect American politics generally and Trump’s personal career path specifically.
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How to Choose the Best Los Angeles Criminal Defense Attorney?

Posted on Mar 8, 2021 by David Chesley
When facing criminal charges, people confront the task of choosing the best Los Angeles criminal defense attorney. Choosing a skilled criminal defense lawyer to ensure the most favorable outcome in your case may seem like a daunting task. When you type “a Los Angeles criminal defense lawyer near me” in Google and press enter, you will see hundreds of law firms and attorneys promising you everything under the sun. However, not all criminal defense attorneys are created equal, which is why it is essential to understand how to choose the best criminal defense lawyer for your specific situation. At The Law Offices of David S. Chesley, our top-rated and award-winning attorneys have over 50 years of courtroom experience. Our criminal defense lawyers are dedicated to providing every client with a robust defense against their charges. You can schedule a free consultation to discuss your case by calling 800-755-5174.

Tips on How to Choose the Best Criminal Defense Lawyer in Los Angeles

Defending yourself against criminal charges is a complicated and unpredictable process, which is why the choice of a criminal defense attorney will be a deciding factor in your case. Finding the right attorney for your unique situation can be quite time-consuming and anxiety-inducing. That’s why we have prepared a list of tips on how to choose the best Los Angeles criminal defense lawyer to help you understand what to look for in an attorney.
    1. Your criminal defense attorney should be responsive Communication between an attorney and client is key to success in criminal defense cases. For this reason, you need to find a criminal defense attorney in Los Angeles who responds quickly.You can check how responsive your prospective attorney is by seeing how quickly they return your phone call and whether they are ready to arrange a meeting within 24 hours of your call.
    2. Your attorney should practice criminal law and have experience in handling cases similar to yours This may seem obvious, but it’s still worth mentioning. When looking for a Los Angeles criminal defense attorney, you need to make sure that the lawyer:
      1. Practices criminal law in California;
      2. Serves your area; and
      3. Has extensive experience in handling cases similar to yours.
      At The Law Offices of David S. Chesley, our offices are conveniently located all across California, including in Los Angeles. Our best criminal defense attorneys in Los Angeles handle all types of criminal offenses, including:
      • Violent crimes
      • DUI/DWI
      • Sex crimes
      • Theft
      • Drug crimes
      • Murder
    3. Your attorney should have experience in your local courts Criminal defense attorneys establish connections and relationships with local judges, prosecutors, and law enforcement. Those connections can have a major impact on the outcome of a client’s case. The best criminal defense attorney knows local judges and prosecutors and understands how they think to help clients create a winning strategy. Our Los Angeles criminal defense lawyers at The Law Offices of David S. Chesley are respected by local law enforcement, judges, and prosecutors and have a solid reputation for our ability to provide clients with effective legal representation.
 
    1. Your attorney should have a transparent fee structure Respectable and reliable law firms have a transparent fee structure and will never overcharge you for their legal services. When you hire the best Los Angeles criminal defense attorney, you will not have to worry about unreasonable attorney fees or hidden costs. A knowledgeable attorney will be able to estimate the total cost of your legal representation after learning the details about your case.
 
  1. You should be comfortable with your Los Angeles criminal defense attorney Last but not least, you should be personally comfortable with your attorney to achieve a favorable outcome in your case. An effective attorney-client relationship is always based on mutual trust and honesty. A skilled criminal defense lawyer will always strive to maintain continuous communication with his clients to ensure the best legal representation for the clients. Ask yourself these questions to find out how comfortable you are with your attorney:
    • Can I openly discuss all the details of my case with my attorney?
    • Do I trust my freedom to my attorney?
    • Is my attorney willing to do whatever it takes to defend me?
    • Is my attorney compassionate and a good listener?

What Questions Should I Ask My Los Angeles Criminal Defense Lawyer?

If you have narrowed down the list of potential criminal defense attorneys, the next step is interviewing your prospective lawyer. It is essential to conduct an interview to learn more about the lawyer’s background, experience, fee structure and ensure that you are hiring the right attorney for your specific case. Ask your Los Angeles criminal defense attorney the following questions:
  1. Do you practice criminal law in Los Angeles and California?
  2. How long have you practiced criminal law in Los Angeles?
  3. Have you ever represented clients who faced the charges I’m facing?
  4. How many similar cases have you won?
  5. How many years of courtroom experience do you have?
  6. Do you have any established connections and relationships with local judges and prosecutors?
  7. How often do you take criminal cases to trial?
  8. How would you handle my case if I hired you?
  9. Should I take my case to trial?
  10. Does it make sense to plead guilty in my case?
  11. What are the potential defense strategies in my case?
  12. Can you identify weaknesses in the prosecutor’s case?
  13. Who will work on my case, you or other attorneys in your law firm?
  14. How often will we communicate?
  15. How long do you need to return my calls or respond to my emails?
  16. What is your fee structure? Do you charge per hour or have a fixed rate?
  17. Do I need to pay anything upfront?
  18. Can you estimate how much you would charge me if I hired you?

Call Us Today to Speak with a Criminal Defense Lawyer in Los Angeles

Our Los Angeles criminal defense lawyers at The Law Offices of David S. Chesley are prepared to answer all of your questions during a free consultation to help you decide how to proceed with your case. Schedule a free case review by calling 800-755-5174 or visiting our contact us page.
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California Criminal Law Update: 2021 Edition

Posted on Mar 8, 2021 by Shawn Austin
Criminal justice reforms are long overdue in California. While 2021 brought several major criminal justice reforms in California, those changes do not solve all the issues with the state’s criminal justice system. It is critical to consult with a Los Angeles criminal defense lawyer to understand how the most recent reforms to California’s criminal justice system could affect you and your family members. The experienced and dedicated criminal defense attorneys at The Law Offices of David S. Chesley have effectively represented thousands of clients in Los Angeles and throughout California. Our founding attorney, David S. Chesley, is widely regarded and respected in California for his professionalism and pursuit of justice for all clients. If you or your loved one is facing criminal charges, do not hesitate to speak with our criminal defense attorney in Los Angeles. Note: We offer a free consultation (call 800-755-5174 today).

    Major Changes to California Criminal Law in 2021

    Key reforms to California’s criminal justice system that took effect on January 1, 2021, include:
  • California’s new sex offender registration system. Senate Bill 384 implemented a new registration system for sex offenders. California transitioned from a lifetime-based registration system to a three-tier system. Under the new system, three tiers of registration are established for 10 years, 20 years, and 30 years. The measure is said to reduce the number of individuals required to register as sex offenders for life by up to 90%.
  • California Racial Justice Act. Assembly Bill 2524 allows people convicted of a criminal offense to challenge racial bias in their case in order to pursue re-sentencing or a new trial. However, proving that you have been a victim of racial bias in your criminal case can be tricky, which is why it is advised to get legal help from a Los Angeles criminal defense attorney.
  • A judge’s discretion to grant misdemeanor diversion. Assembly Bill 3234 authorizes superior court judges in California to offer misdemeanor diversion to defendants. A diverted case can be continued for no longer than 24 months. If the defendant complies with all of the terms and conditions, the arrest upon which the diversion was imposed can be erased from the defendant’s criminal record. Offenses that are not eligible for dismissal include domestic violence, registerable sex crimes, and stalking.
  • Limited maximum terms for probation. Assembly Bill 1950 reduced the maximum probation term for misdemeanors from three to one year. The new criminal law also reduced maximum probation for most felony offenses to two years.
If you are not sure how the new criminal laws could affect you or your loved ones, schedule a free consultation with our Los Angeles criminal defense lawyers at The Law Offices of David S. Chesley.

Why Should You Hire a Los Angeles Criminal Defense Attorney?

If you or your family member has been charged with a crime in Los Angeles or elsewhere in California, it is in your best interests to speak with a Los Angeles criminal defense lawyer to fight for your rights and freedom. Many people underestimate the importance of having a knowledgeable attorney on their side when defending themselves against criminal charges. That’s why we have compiled a list of reasons why you should hire a criminal defense lawyer in Los Angeles:
  1. They know how the criminal justice system works An experienced lawyer knows the criminal justice system like the back of his hand. Criminal defense attorneys understand what defense strategies can be used to help you avoid a conviction or get the charges dismissed or reduced.
  2. They understand all legal procedures Defending yourself against a criminal charge is not just about standing in front of a judge and trying to prove that you are innocent. Fighting back against any criminal charge also involves a lot of paperwork and preparation, not to mention that you must stick to strict deadlines. Your Los Angeles criminal defense attorney is well-versed with all legal procedures and will take care of filling out court documents, gathering paperwork, and collecting evidence on your behalf.
  3. They can identify weaknesses and contradictory statements An experienced criminal defense attorney can point out weaknesses in the prosecutor’s case and identify contradictory statements in police records and witness testimonies to suppress evidence against you or get the charges dropped or dismissed.
  4. They have access to expert witnesses and professionals Often, defendants require the assistance of expert witnesses and other professionals to prove their case. Here at The Law Offices of David S. Chesley, our authoritative criminal defense lawyers have established access to a vast network of experts and professionals throughout California.
  5. They can get the best settlement or plea deal for you In some cases, accepting a settlement or plea bargain is your best choice to reduce the penalties. However, it is vital to speak with a Los Angeles criminal defense attorney to understand your options and ensure that you are getting a fair settlement or plea deal.
  6. They can help you reduce the criminal penalties The consequences of a criminal conviction can be quite harsh, which is why it is essential to hire a skilled lawyer to fight for the reduction of fines, jail or prison sentences, and other penalties. Your attorney will do whatever it takes to persuade the prosecutor to dismiss criminal charges. If that is not possible in your case, your attorney can help you get a lowered or alternative sentence.
If you or your loved one is facing criminal charges, the best thing you can do to protect your interests and freedom is to contact a criminal defense lawyer in Los Angeles. Our compassionate and results-driven criminal defense attorneys at The Law Offices of David S. Chesley offer a free consultation to advise you on your options. The sooner you reach out to a Los Angeles criminal defense attorney, the better chance you have at successfully defending yourself against the charges and avoiding a conviction. Schedule a consultation to discuss your particular case and determine the best defense strategy in your specific situation. Contact us online or call 800-755-5174 for a free case evaluation.
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What are the Penalties for Robbery in California?

Posted on Sep 20, 2018 by David Chesley
Robbery is an extremely serious criminal charge in the State of California. A guilty plea or conviction can land you in jail for a significant period of time and can subject you to a whole host of other penalties. If you are currently facing robbery charges in California, time is of the essence, and you should retain an experienced Los Angeles criminal defense lawyer as soon as you can. At The Law Offices of David S. Chesley, our criminal defense attorneys will work tirelessly to help you obtain the best possible result in your criminal case. In some instances, this may mean an outright dismissal of your robbery charge. In other instances, it may mean a favorable plea deal with the prosecuting attorney or a charge reduction that would allow for a decreased criminal penalty. If the State of California has charged you with robbery, you should contact The Law Offices of David S. Chesley today at 1-800-755-5174, or contact us online to find out more about how we can help you defend your case. Proving Robbery Charges In order for a court to impose a criminal penalty for robbery, the prosecution must be able to demonstrate that you are guilty beyond a reasonable doubt. This does not mean, however, that the prosecution must prove its case 100 percent. Instead, it means that the prosecution must prove all of the elements of the robbery crime beyond a doubt which is based upon ordinary common sense and ordinary reason. Under California Penal Code 211, the prosecution must be able to prove the following legal elements – beyond a reasonable doubt – in order to obtain a conviction:
  • That the property which was taken did not belong to the defendant
  • That the property taken was in the physical possession of someone other than the defendant
  • That the property was taken from the victim while the victim was still present
  • That the property was taken from the victim against his or her will
  • That the defendant used force or threat of force to obtain the property from the victim
  • That the defendant had the specific intent to permanently deprive the true owner of his or her property (or deprive him or her of the property for a significant period of time)
If the prosecution is unable to prove one or more of these legal elements beyond a reasonable doubt, then the state cannot obtain a conviction for robbery. Potential Penalties upon Conviction The penalties upon sustaining a conviction for robbery depend upon a number of different factors. One of the most important factors is whether the robbery was committed in the first degree or the second degree. A first-degree robbery occurs when the alleged victim is a passenger or driver of a taxicab, bus, cable car, trackless trolley, subway, or streetcar; the robbery occur after (or while) the alleged victim uses an automatic teller machine (ATM); or the robbery occurs in an inhabited trailer, house, or boat. A conviction for first-degree robbery in the State of California is a felony conviction. Consequently, the conviction can result in a period of formal probation; a period of incarceration lasting three, four, or six years in a state penitentiary; and/or a maximum monetary fine in the amount of $10,000. In the event the accused committed the crime of first-degree robbery in a structure that was inhabited – and committed the crime with two or more other individuals – then the potential prison sentence upon conviction will be for three, six, or nine years. The ultimate decision about the penalty to be imposed upon conviction rests with the sentencing judge who is assigned the case. Second-degree robbery is a less serious offense than first-degree robbery, and the potential penalties imposed upon conviction are less than for first-degree robbery. Pursuant to the California Penal Code, a second-degree robbery is any robbery which occurs in the state and which does not fit within the legal definition of first-degree robbery. A conviction for second- degree robbery can result in any of the following penalties:
  • A period of felony probation
  • A period of incarceration in state prison lasting for two, three, or five years
  • A maximum monetary fine of $10,000 which the defendant must pay
Again, the sentencing judge ultimately determines the penalty upon conviction. Robbery Penalty Enhancements Along with the potential penalties listed above, a robbery conviction can result in various sentence enhancements. One such sentence enhancement is for “great bodily injury.” In other words, if you cause the alleged victim to experience great bodily injury during the commission of a robbery, a judge could tack an additional three to six years onto your criminal sentence. Moreover, if you used a gun to commit the robbery offense, you can receive any one of the following penalties:
  • An additional ten years’ incarceration for using a firearm during the commission of the robbery
  • An additional 20 years’ incarceration if you intentionally fire a gun during the commission of a robbery
  • An additional 25 years’ incarceration for causing the alleged victim to suffer death or grievous bodily injury using a firearm during the commission of the robbery
The “Three Strikes Law” in California California employs a "three strikes law" when it comes to robbery charges. This is because, under the California Penal Code, robbery is deemed a violent felony. Consequently, if you already have a robbery conviction on your criminal record and you later sustain a charge for any felony in the State of California, you will be subject to two times the standard criminal sentence imposed for committing that felony. Moreover, if you incur a total of three of these “strike” convictions, one of which may be a robbery conviction under the California Penal Code, a court can impose a sentence of 25 years’ incarceration to life in prison. Potential Defenses to a Robbery Charge In some cases, you may be able to raise a valid legal defense to your robbery charge. When that happens, the prosecutor may not process or dismiss your criminal charge, along with your entire criminal case. If that happens, you will not face any criminal penalties for your charge. Potential defenses to the crime of robbery in California include the following:
  • The defendant did not use force or threat of force to commit the crime.
  • The defendant harbored an honest belief that he or she was entitled to the property in question.
  • The defendant was mistakenly identified, and it was someone else who actually committed the crime.
  • The defendant was falsely accused by someone of committing the crime.
Call Us Today to Speak with a California Criminal Defense Attorney Robbery charges should never be taken lightly. If you are currently faced with a robbery charge in the State of California, you should contact The Law Offices of David S. Chesley as soon as possible. Our knowledgeable legal team will work hard to help you obtain the best possible outcome in your criminal case. To schedule a free consultation and case evaluation with a criminal defense lawyer in California, please call us today at 1-800-755-5174 or contact us online.
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California Drug Possession FAQ

Posted on Sep 20, 2018 by David Chesley
A criminal conviction for drug possession or drug trafficking in California can result in serious criminal penalties. The law in California criminalizes two distinct types of drug possession. Those crimes include simple drug possession and possession with the intent to sell. The law also differentiates between possession of controlled substances (i.e., narcotics) and marijuana. There are also separate criminal offenses for phencyclidine (PCP) and methamphetamines. If you are currently facing a drug possession charge in California, the experienced California criminal defense attorneys at The Law Offices of David S. Chesley may be able to help. Our experienced legal team can go over your charge and potential penalties with you and develop a plan for moving your case forward. Call us today at 800-755-5174 or contact us online to schedule a free consultation. How does Simple Drug Possession Differ from Possession for Sale? If the defendant is found in possession of any substance which is listed under the California Health and Safety Code, then the prosecutor can charge him or her with simple possession. However, if the prosecutor believes that the defendant possessed the drugs with the intention of selling or distributing them, then the prosecutor can charge the defendant with “possession for sale” or “purchase for the purpose of sale.” What Constitutes Drug Possession in California? There are two types of drug possession which are criminalized under the law. Those include actual physical possession of a drug and constructive drug possession.
  • Actual physical possession of a drug means that the individual actually has the drug present on his or her person. For example, the drug could be hidden in the person’s front or back pants pocket or in the pocket of a jacket or coat which the person is wearing.
  • Constructive possession usually means that the drug is present in the defendant’s immediate vicinity. For example, if drugs are found during a house raid, a person who is merely visiting the home could conceivably be charged with constructive drug possession. The same holds true in the motor vehicle context. Lack of ownership over the home or vehicle may be a valid legal defense in a drug possession case.
What Penalties can be imposed for Drug Possession in California? The potential penalties upon conviction for a California drug possession crime depend upon several factors. Those factors include the type and amount of the drug possessed and the reason why the defendant was possessing the drug. With the passage of Proposition 47 in 2014, drug possession offenses became punishable only as a misdemeanor in California. Moreover, individuals serving time for drug possession charges in a state prison were allowed to file a petition with the court for resentencing. However, under this new law, not every inmate is eligible to petition the court for resentencing. This includes individuals who have been convicted of murder or rape or are registered sex offenders. Following the passage of Proposition 47, possession of controlled dangerous substances which are not marijuana is always punished as a misdemeanor, rather than as a felony. A conviction for drug possession of this type can land a person in the county jail (rather than the state prison) for a maximum of one year. Drugs which qualify as controlled dangerous substances in California include the following:
  • Schedule I opiates and opium derivatives
  • Cocaine
  • Mescaline
  • Peyote
  • Synthetic cannabis
  • Schedule II narcotics
  • Schedule II opiates
  • Schedule III hallucinogens
  • Schedule III, IV, or V drugs
Marijuana possession, however, is penalized differently than other drugs under the law. Specifically, if an individual is found in possession of greater than 28.5 grams of marijuana (with the exception of concentrated cannabis), he or she can be incarcerated for a maximum of six months and/or fined a maximum of $500. If the individual found in possession of marijuana (28.5 grams or less) is 18 years of age or younger, he or she will receive an infraction. This typically requires that the individual complete a mandatory drug education course, along with a specified number of community service hours. What are the Potential Penalties for Possessing Concentrated Cannabis? Individuals found in possession of a maximum of eight grams of concentrated cannabis are not breaking any California law. However, possessing over eight grams of concentrated cannabis can lead to a maximum of one years’ incarceration and/or a maximum monetary fine of $500. How is Marijuana Possession Handled in California? Under Proposition 64, recreational marijuana has been decriminalized, pursuant to the Adult Use of Marijuana Act. Under this new law, adults who are 21 years of age or older are allowed to buy, possess, and consume a maximum of 28.5 grams of marijuana. The law also permits them to consume eight grams of marijuana at their home or residence – or even in an establishment which holds a license for marijuana consumption. Although limited consumption is legal under the new law, users are not permitted to smoke marijuana while operating a motor vehicle. They are also prohibited from smoking marijuana in any location where tobacco products are prohibited, as well as in most public places. In addition to these general prohibitions, Californians are not permitted to possess marijuana on school grounds or on the grounds of a youth center, day care center, or other public place where children are present. Individuals may grow a maximum of six marijuana plants in their private residence. However, the residence is required to be locked and may not be visible from a public vantage point. The new California laws regarding marijuana do not change anything with regard to medical marijuana. Moreover, medical patients who have a doctor’s recommendation do not have to pay a state sales tax on medical marijuana. What are Possible Legal Defenses for California Drug Possession Crimes? If you have been charged with drug possession in California, you may have one or more legal defenses available to you. These defenses can be hard to spot, however, so it’s important to have a qualified California criminal defense attorney review your case. Some common defenses in drug possession cases include:
  • Medical necessity – Specifically, you may be able to allege that you have a medical condition warranting limited drug use and/or that you are in possession of a valid prescription issued by a licensed physician.
  • Unlawful search and seizure – You may be able to allege that the drugs in question were found pursuant to an improperly issued search warrant or following an invalid search or seizure that violated your Fourth Amendment rights.
  • Entrapment – You may be able to allege that police officers or investigators utilized improper tactics or that they entrapped or illegally coerced you into committing the drug crime.
  • Faulty lab analysis – You may be able to challenge any lab analysis that was performed on the drugs in question, in order to show that you possessed a smaller amount of the drug than prohibited by law.
Contact a Criminal Defense Attorney in California Today to Schedule a Free Case Evaluation If you have been charged with a drug possession crime in California, you need experienced legal representation in your corner advocating for you at all times. The experienced California criminal defense lawyers at The Law Offices of David S. Chesley can advocate for you throughout your criminal case, including at all criminal court proceedings and trials. The potential consequences of a drug possession conviction are too great for you to handle your criminal case alone. Therefore, to schedule a free consultation and case evaluation with a criminal defense lawyer in California, please call us today at 1-800-755-5174, or contact us online.
Posted in Uncategorized | Tagged

4 Benefits of Expungement in California

Posted on Sep 20, 2018 by David Chesley
If you have been charged with a crime in the State of California, you will still have a criminal record which can be viewed by members of the general public. This is true even if you were never convicted. Fortunately, however, California law allows for some criminal charges to be removed for a person's criminal record, offering them a clean slate. Expungement means that a guilty plea or conviction on a person’s criminal record is withdrawn. It is then replaced with a not-guilty plea, after which the court dismisses the criminal case. While California criminal courts routinely grant expungements, not every criminal conviction is eligible for expungement. If you have been charged or convicted of a crime, the experienced California criminal defense lawyers at The Law Offices of David S. Chesley will be able to determine if you are eligible to have your record expunged. To schedule a free consultation with a criminal defense attorney in Los Angeles, call us today at 1-800-755-5174 or contact us online. Qualifying for a Criminal Records Expungement in California In order to apply for a criminal records expungement in California, you must first meet certain criteria. Those criteria include the following:
  • You must not be serving a term of probation when you are petitioning the court for expungement.
  • You must not have been charged with any other crime.
  • The crime which you want to be expunged must have been a misdemeanor or a felony which could have been prosecuted as a misdemeanor.
If the charge you want to be expunged was a felony charge that resulted in a period of incarceration, you do not qualify for a records expungement. The same is likely true if the underlying crime involved a sexual offense perpetrated against a minor or a motor vehicle violation which caused two or more points to be added to your driving record. Moreover, in order for your criminal record to qualify for expungement, you must have paid all court-ordered fines and restitution for the underlying offense. Expunging a Felony Conviction The only felonies eligible for expungement in California are “wobbler” charges. In a nutshell, these are felony charges which could have been prosecuted as misdemeanors under the law. In order to expunge a “wobbler” charge from your criminal record, you must ask the court to reduce the charge at issue from a felony to a misdemeanor. In most cases, if the offender can prove to the sentencing judge that he or she has taken responsibility for all criminal actions and has successfully rehabilitated, the judge will likely grant the charge reduction petition and reduce the charge to a misdemeanor. In that case, the charge will be eligible for expungement and dismissal. In the case of other felony convictions, the expungement process depends upon whether the defendant was sentenced to jail time and probation versus a state prison sentence. In the latter case, the defendant can only obtain a dismissal if he or she has lived in the same county for a period of five years. The defendant must also file a petition and prove to the judge that he or she is trying to change for the better. Cost of a Records Expungement Expunging a criminal record in California can cost anywhere from $100 up to about $400. The exact amount of the fee depends upon the courthouse where the defendant files his or her expungement petition. If you hire an attorney to help you expunge your record, the fee will likely be higher. At The Law Offices of David S. Chesley, our California criminal defense lawyers will work with you to provide a plan for expungement services that is affordable and meets your needs. Benefits of a Criminal Records Expungement There are significant benefits associated with expunging a criminal record. Those benefits include the following:
  • Helping you find a good job – Criminal background checks on prospective employees are becoming more and more common among employers. A criminal background check on a prospective employee will reveal all of the job applicant’s prior convictions, as well as prior arrests. The background check will also show whether or not the job applicant has ever been placed on a period of criminal probation. Also, during job interviews, most employers will ask a prospective employee if he or she has ever been convicted of a crime in the past. A records expungement allows a prospective employee to answer "no" to that question truthfully. Moreover, employers may not consider an expunged conviction revealed as part of a background check when making a hiring decision.
  • Helping you obtain a state license – Many professions, including the legal profession and the medical profession, require a state license in order to practice. The same is true for contractors and real estate professionals. Even if your record is successfully expunged, you must still disclose your prior conviction in response to any question asking for this information – including an application to hold public office. However, many state licensing agencies will overlook a prior conviction if it was successfully expunged from an applicant’s criminal record.
  • Helping you become a member of a professional organization – Similar to employers, many professional organizations perform criminal background checks on prospective members. However, a criminal records expungement helps to lessen the impact of any prior conviction and makes it more likely that the applicant will be offered the position or seat in a professional organization.
  • Helping you in court – In civil trials, if you are on the witness stand, the opposing attorney cannot use a prior expunged conviction to bring your credibility as a witness into question. In a civil case, such as a personal injury case, this expungement benefit may help you, since your personal testimony can be extremely important o the outcome of your case. In a criminal case, however, opposing counsel may be able to bring up a prior expunged conviction at trial in order to call your credibility (i.e. your propensity for truthfulness or untruthfulness) into question.
Interested in Expungement? Call a Los Angeles Criminal Defense Lawyer Today If you are trying to obtain a records expungement in a California criminal case, having an experienced lawyer on your side can make all the difference. An experienced lawyer can first review all of the circumstances which are pertinent to your charge or conviction and determine whether or not you are eligible for a criminal records expungement. A lawyer can also help you complete all of the necessary paperwork to help you petition the court for a charge reduction (i.e. reducing a felony down to a misdemeanor), if necessary, as well as obtain a records expungement. Finally, a lawyer can represent you throughout your expungement proceedings and can attend any courtroom proceedings with you. A records expungement can provide you with a sense of relief and will allow you to move on with your life. If you are interested in learning more about a criminal records expungement in California, you should contact the skilled legal team at The Law Offices of David S. Chesley. Our team has successfully pursued hundreds of records expungement cases and is ready to review your case today. To schedule a free consultation and case evaluation with a California criminal defense lawyer, please call us today at 1-800-755-5174, or contact us online.
Posted in blog | Tagged

California Statutory Rape Charges – Frequently Asked Questions

Posted on Aug 30, 2018 by David Chesley
According to the CDC, 40% of teens reported being sexually active in 2017. However, sex with a minor remains illegal. Statutory rape can lead to significant penalties, including probation, fines, and even jail time.  In this post, we hope to address many of the common questions that are raised with regard to statutory rape. 2309
Posted in blog, DUI Information and Advice, News re: Criminal Defense | Tagged

How A DUI Conviction Can Affect Your Professional License

Posted on Aug 30, 2018 by David Chesley
The most recent report available from the California DMV indicates that over 160,000 people were arrested for DUI (Driving Under the Influence) in 2013. Drinking and driving is a serious issue, and many otherwise law-abiding and productive members of society get behind the wheel after they’ve had a few glasses of wine with dinner or some after-work beers with colleagues. If you’ve been arrested for DUI, it’s imperative that you contact a defense attorney in Los Angeles as soon as you can. 2307
Posted in blog, Immigration News and Issues | Tagged

Did the Police Find Drugs in Your Car During a Routine Traffic Stop? The Police May Have Violated Your Rights

Posted on Aug 30, 2018 by David Chesley
It’s an all too common scenario: the police make a routine traffic stop for some small infraction such as failing to use your turn signal. The next thing you know, the police are searching your car - looking under the seats, in the trunk, in the glove box, and rifling through your possessions. Then they find drugs and you’re charged with, at a minimum, possession of a controlled substance. The next thing you know, you’re being told that you could be facing jail time and a drug conviction on your permanent criminal record. 2303
Posted in blog, Criminal Defense Advice, Recent Developments in Criminal Law | Tagged

Potential Defenses in a California Domestic Violence Case

Posted on Aug 8, 2018 by David Chesley
In general, when it comes to California domestic violence cases, a common perception is that the criminal justice system tends to favor the accusers. False domestic violence charges in California, however, are unfortunately all too common, and domestic violence conviction can lead to a myriad of serious consequences. Those consequences may include criminal fines, jail time, and protective orders being issued against you – as well as irreparable harm to your reputation. 2049
Posted in blog, Criminal Defense Advice | Tagged

How a Sex Crime Conviction can affect the Rest of Your Life

Posted on Aug 8, 2018 by David Chesley
Generally speaking, a sex crime is any crime of a sexual nature. Although the specific penalties upon conviction may vary depending upon the nature of the charge, a sex crime conviction can affect you for many years to come. As a result, if you're facing allegations of a sex crime, you should speak to a Los Angeles criminal defense lawyer as soon as you can. 2046
Posted in blog, Criminal Defense Advice | Tagged

Do You Need a Los Angeles Criminal Defense Lawyer for a First-Time DUI?

Posted on Aug 8, 2018 by David Chesley
Many Californians – even after consuming a significant amount of alcohol – rationalize that they will be “okay” driving home from the bar or party. This is especially common when it is late at night, the person is tired, and he or she is anxious to get home. The driver may even figure that given the late hour, police officers will not be out patrolling. This can be a serious mistake and error in judgment and can result in a first-time California DUI charge or conviction. 2044
Posted in blog, Criminal Defense Advice, Recent Developments in Criminal Law | Tagged

DMV HEARING

Posted on Feb 3, 2017 by David Chesley
If you’ve been arrested for a DUI, you only have 10 days to request a hearing with the DMV, or you risk having your license suspended. At The Law Offices of David S. Chesley, our attorneys specialize in DUI cases and will treat your DMV hearing exactly like a criminal case. 1012
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Is your DUI a felony or misdemeanor?

Posted on Sep 29, 2016 by David Chesley
If this is your first DUI, you might be confused and not know what to expect. When you call our law firm, one of the first things we’ll ask is if your DUI is a felony or misdemeanor. Usually it is a misdemeanor, which means an attorney can take care of your DUI without you 992
Posted in blog | Tagged

Eric Garner and Excessive Force

Posted on Feb 20, 2015 by David Chesley

Eric Garner and his wife.

By now most people are familiar with the story of Eric Garner’s death. An unarmed black man dies after an encounter with the police where an officer (Daniel Pantaleo) puts Garner on a chokehold. The Garner story has brought up a lot of tension between the police department responsible for Garner’s death and the community. 128
Posted in blog, Criminal Defense Advice, Recent Developments in Criminal Law | Tagged

Michael Brown Shooting, What We Know.

Posted on Jan 15, 2015 by David Chesley
Michael Brown, 18 years old, was shot on August 9, 2014 by Darren Wilson, 28, who was a Ferguson police offices at the time of the shooting. Shortly before the shooting took place, Brown robbed a convenience that was close by, where he took a $48.99 box of cigarillos. Wilson, who was on duty at 748
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Police Enforcement Demolishes Home to Serve DUI Warrant.

Posted on Jan 8, 2015 by David Chesley
Innocent people often get injured and sometimes killed when police serve warrants, even for minor offenses. Police may even destroy your home or property and will not stop until they finish the job. This story is evidence of what can happen when police serve a warrant, even when it’s for a non violent crime. Although this 817
Posted in blog | Tagged

Former Deputy Sheriff James Sexton Convicted of Conspiracy and Obstruction of Justice

Posted on Sep 17, 2014 by David Chesley
A Los Angeles County Sheriff’s Deputy, James Sexton was convicted of conspiracy and obstruction of justice yesterday, August, 16th. Sexton, 29 was found guilty during a federal retrial. In Sexton’s first trial the jury could not agree, with their votes tied 6-6, the prosecutors decided to retry Sexton. In a separate trial, Sexton’s six co-defendants were convicted and are awaiting sentencing. 113
Posted in blog, News, News re: Criminal Defense | Tagged

Forme L.A. Sheriff’s Deputy Arrested Under Suspicion of Child Pornography Distribution

Posted on Aug 21, 2014 by David Chesley
Lorne Reed, 32, an ex Los Angeles county sheriff’s deputy was arrested on Wednesday under the suspicion of distributing child pornography. Police came to his home in Santa Fe Springs, where Reed was arrested without any incident. Law enforcement from multiple agencies arrived at his home in the morning with a search warrant, Reed at home 823
Posted in blog, News re: Criminal Defense | Tagged

11 Arrested at Jay Z/Beyonce Concert

Posted on Aug 4, 2014 by David Chesley

On Saturday, 11 people were arrested at a concert that took place at the Rose Bowl in Pasadena. 55 Thousand Fans came to see Jay and Beyonce perform. Out of those 55 thousand, 8 were arrested for public drunkenness, 2 people for ticket scalping and 1 man who was accused of biting another man’s finger tip off.

825
Posted in blog, News re: Criminal Defense | Tagged

LAPD Using New Computer Techniques to Predict Crimes

Posted on Jun 30, 2014 by David Chesley

The LAPD says they are now using a new tool to help them lower the crime rate. What the LAPD is calling “predictive policing” is a technique were the police use a computer that takes data from all types of crime in a specific area.

Computer algorithms take this data and maps out 500 square 827


Posted in blog, News re: Criminal Defense, Recent Developments in Criminal Law | Tagged

Elliot Rodger’s Attacks UCSB Students: Six Dead, Thirteen Injured

Posted on May 30, 2014 by David Chesley

With all the tragedy around the world, it is sad when tragedy strikes so close to home. With the murder of 6 UCSB students, locals are mourning and asking themselves how this happened.

It was last Friday when Elliot Rodgers, a former student a UCSB went on a killing rampage.  Rodger’s therapist contacted his mother 828


Posted in blog, News re: Criminal Defense | Tagged

Woman Injured, Dog Killed in Sacramento Shooting

Posted on May 28, 2014 by David Chesley

Yesterday Evening on Olmstead Drive, Sacramento one person was injured and a dog was killed during a drive by shooting.

The Police Department was called at 6:55 in the afternoon about a reported shooting. The injured person was a woman, who sustained a shot in the leg and was immediately transported to UC Davis Medical Center.

830
Posted in blog, News re: Criminal Defense | Tagged

Universal CityWalk: One Dead and Three Injured During Officer Involve Shooting

Posted on May 13, 2014 by David Chesley

Yesterday Morning, James White Jr. was killed during an officer-involved shooting. White was shot when police officers opened fire in Universal City Walk after hearing gunfire and seeing an individual with a gun. The shooting took place near the Infusion lounge.

The L.A. County Fire Department pronounced the suspected gunman dead at the scene of 832


Posted in blog, News re: Criminal Defense | Tagged

Mourning of LAPD Officer Killed in Collision Continues

Posted on May 5, 2014 by David Chesley
LAPD Officer Roberto Sanchez, was killed early in the morning of Saturday May, 3rd. According to the LAPD, Officer Sanchez was involved in a Hit & Run accident at 3:45 am, when an SUV “T-boned” his patrol car, killing Officer Sanchez and 834
Posted in blog, News re: Criminal Defense | Tagged

California DNA Collection Law For Felony Arrests Upheld

Posted on Mar 27, 2014 by David Chesley

Much to the dismay of various civil liberties advocates who have challenged the law, a five year old California law that permits the collection of DNA sample during a felony arrest is being upheld. The samples may be collected without a judge’s review over the matter and even if criminal charges are not pressed 837


Posted in blog, News re: Criminal Defense, Recent Developments in Criminal Law | Tagged

Homeless Man in Prison for Vehicle Theft and Animal Cruelty

Posted on Mar 9, 2014 by David Chesley

Mateo’s 2 year old daughter with Maru

Danny Fis, a 30 year old homeless man has been sentenced to sixteen months in prison for stealing a van with a dog inside of it and ultimately causing the dog’s death. Fis plead “no contest” to both the vehicle theft and animal cruelty charges, according to a statement from the L.A. County District Attorney. 125
Posted in blog, News, News re: Criminal Defense | Tagged

Victory in the Courts for Gun Rights Advocates in California

Posted on Feb 25, 2014 by David Chesley

On Thursday, the 20th, A federal appeals court overturned some restrictions that will allow gun owners to carry a concealed weapon. The majority of votes said that the restrictions imposed on gun owners are in violation of the 2nd amendments right to bear arms.

This decision is being celebrated by gun rights advocates all over, 838


Posted in blog, News re: Criminal Defense, Recent Developments in Criminal Law | Tagged

Eighteen Sheriff’s Deputies Charged With Engaging In Corruption and Civil Right Abuses.

Posted on Dec 10, 2013 by David Chesley

Eighteen current and former Los Angeles County deputies are currently facing charges for engaging in corruption and civil right abuses. The charges include beating inmates and visitors, as well as falsifying reports and trying to block an FBI investigation.

The charges were announced yesterday after 16 of the 18 deputies were arrested. The two deputies 839


Posted in blog, News re: Criminal Defense | Tagged

Reward Offered for Information on the Hit and Run that Killed a Probation Officer

Posted on Nov 25, 2013 by David Chesley

On Wednesday, a 50 thousand dollar reward was offered for any information that may lead to the arrest and conviction of the person who committed the fatal hit and run that killed Kenneth Hamilton, an employee with the Los Angeles County Probation Department.

On October 28, Kenneth Hamilton was struck and killed, while riding his 840


Posted in blog, News re: Criminal Defense | Tagged

Child Shot Multiples Times During Gang Related Shooting

Posted on Nov 19, 2013 by David Chesley

Last night an adult in his 20s and a 5 year old child were shot in Orange Avenue, Long Beach. The child, a 5 year old playing in his yard is believed to be an innocent bystander in a gang-related shooting targeted at the adult. The shooting took place just before 7:00 p.m. When police 842


Posted in blog, News re: Criminal Defense | Tagged

State Assemblyman Mike Gatto’s Father Shot During Home Invasion

Posted on Nov 14, 2013 by David Chesley

The Father of California State Assemblyman Mike Gatto, Joseph Gatto was found dead at his residence in Silver Lake Wednesday night. A member of the Gatto family arrived at their home to find 78 year old Joseph’s body over a desk. Firefighters arrived just past 8 pm to conduct a death investigation, the investigation determined 843


Posted in blog, News re: Criminal Defense | Tagged

Former Texas Prosecutor, Ken Anderson Convicted of Criminal Contempt

Posted on Nov 10, 2013 by David Chesley

A former Texas district attorney plead guilty to intentionally failing to disclose evidence. Ken Anderson, former district attorney for Williamson County will be serving 10 days in jail and is giving up his license to practice law. Anderson withheld information that led to the conviction of an innocent man, Michael Morton, 845


Posted in blog, News re: Criminal Defense | Tagged

Sam’s Club Shoppers Accidentally Discharge a Gun Outside the Store

Posted on Oct 23, 2013 by David Chesley

A southern California man, Robert Duncan and his wife, Helen Marie Duncan were arrested after a gun Helen was carrying inside a fanny pack accidentally went off outside of Sam’s club in Glendora.

The incident took place outside the Sam’s club located at 1300 block of South Lone Hill Avenue just before 847


Posted in blog, News re: Criminal Defense | Tagged

California Punishes Sex Offenders Who Tamper With Their GPS Devices

Posted on Oct 17, 2013 by David Chesley
On Saturday Governor Jerry Brown signed legislation requiring sex offenders who disarm or disable their GPS trackers while on parole to return to jail. A recent investigation showed that because of jail crowding many sex offenders who were detained for tampering with their GPS devices were released immediately after they were 849
Posted in blog, News re: Criminal Defense, Recent Developments in Criminal Law | Tagged

“Make it Quick Bandit” Suspected of 12 South Bay Bank Robberies

Posted on Oct 10, 2013 by David Chesley

On September 20th the criminal dubbed the “Make it quick bandit” made his 12th bank robbery in the South Bay area. According to local authorities this is the fourth time he has robbed the same U.S. Bank branch.

This is the bandit’s 12th bank robbery since the beginning of 2009 announced Gardena Police. 851


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San Diego Man Arrested for Marijuana Possesion and Child Endangerment

Posted on Oct 2, 2013 by David Chesley

A 23 year old man from San Diego, Christopher Palmer is currently being held in custody after police officers found dozens of cannabis plant along with 13 puppies, 3 adult dogs and a 3 month old baby at his home.

Firefighter’s arrived at Palmer’s home in the City Heights after a garage fire was reported 853


Posted in blog, News re: Criminal Defense | Tagged

Undocumented Immigrants in California Will be Eligible to Receive a Driver’s License

Posted on Sep 17, 2013 by David Chesley

Luis Alejo (left) being congratulated by fellow lawmakers on AB60

Joining nine other states and the District of Columbia, California is giving driver’s licenses to undocumented immigrants. An issues that has come up many times in recent years, California was among the first states to give driver’s licenses for undocumented immigrants consideration.

Senator Gil Cedillo 855


Posted in blog, Immigration News and Issues | Tagged

Deputy of the Los Angeles Sheriff’s Department Charge With Lewd Acts with a Minor

Posted on Sep 13, 2013 by David Chesley

Deputy John Rose (left) along with a colleague.

John Augustus Rose, A deputy of the Los Angeles county sheriff’s department was arrested after allegations of him having sexual relation with an underage girl arose.

When the sheriff’s department became aware of the allegations against deputy Rose, they immediately commenced an investigation to look into the matter. 857


Posted in blog, News re: Criminal Defense | Tagged

How the War on Drugs is Changing

Posted on Sep 10, 2013 by David Chesley

Currently, the United States imprisons more people than any other country, a large portion of U.S. prisoners are there because of drug sentencing policies that are not helping people in need, instead they are throwing nonviolent drug offenders into state prisons along with violent criminals.

Because of the policies and mandatory minimums that are tied 859


Posted in blog, News re: Criminal Defense, Recent Developments in Criminal Law | Tagged

Undocumented Immigrant Fights for His Right to Practice Law

Posted on Sep 6, 2013 by David Chesley

Sergio Garcia

On Wednesday, Sergio Garcia, 36, was the subject of a Supreme Court hearing in California. Garcia is an undocumented immigrant who was brought to the U.S. as a baby, then returned to Mexico when he was 9 and came back to the U.S. at the age of 17. He graduated from high school 860


Posted in blog, Immigration News and Issues, News re: Criminal Defense | Tagged

16 Year Old Facing Two First-Degree Murder Charges

Posted on Sep 4, 2013 by David Chesley

Daniel Marsh

Daniel Marsh, a 16 year old who is currently facing murder charges for the deaths of Chip Northtrup and Claudia Maupin, an elderly couple from Davis, CA.

Marsh is facing two counts of first degree murder with special circumstances relating to the deaths of the Davis couple.

Two days after his arrest, Marsh 862


Posted in blog, News re: Criminal Defense | Tagged

Costs of a first time DUI

Posted on Aug 28, 2013 by David Chesley

In the United States, DUIs are the most frequently committed crimes. It is estimated that DUIs account for 32% of all fatal car accidents.

Because of the dangers of drunk driving, strict penalties have been put in place for DUI offenders. For a first time DUI you could face jail time, loose your driver’s license 864


Posted in blog, Criminal Defense Advice, DUI Information and Advice | Tagged

Landlord’s Property Seized by Federal Government

Posted on Aug 27, 2013 by David Chesley

After an undercover Anaheim police officer used a doctor’s recommendation to purchase marijuana from a medical marijuana dispensary located at one of Tony Jalali’s office spaces, the federal government began proceeding in order to seize the building in which the sale of marijuana took place in.

Jalali’s building consists of 12 offices and is worth 866


Posted in blog, News re: Criminal Defense | Tagged

What to do When You are Pulled Over for a DUI

Posted on Aug 23, 2013 by David Chesley

Drinking and driving is a very serious offense that can lead to serious injuries and may even lead to death. You should never drive under the influence of alcohol or any other mind altering substance. The information below is a guideline on what to do if you are pulled over for a DUI, and your 867


Posted in blog, Criminal Defense Advice, DUI Information and Advice | Tagged

Loophole Fixed in California Rape Law

Posted on Aug 21, 2013 by David Chesley

Early this year in People v. Morales, the court overturned a rape conviction of a man who posed as a woman’s boyfriend as she slept in order to have sex with the victim. The court ruled that California’s rape law covered impersonators, however the court said, only when the impersonator acts as a spouse.

Because 869


Posted in blog, News re: Criminal Defense, Recent Developments in Criminal Law | Tagged

Felony DUI

Posted on Aug 20, 2013 by David Chesley

Under California law driving under the influence is usually a misdemeanor offense. Unlike in other states, in California blood alcohol level has no impact on how the offense is charged. There are only three factors that can make a DUI a felony instead of a misdemeanor.

4 or more subsequent DUIs within a period 870


Posted in blog, DUI Information and Advice | Tagged

Applying for Deferred Action (DACA)

Posted on Aug 16, 2013 by David Chesley
On June 15, 2012, the Secretary of Homeland Security announced that certain young people who were brought to this country illegally through no fault of their own, will be allowed to apply for deferred action for a period of two years. The requirement for applying are as follows:
  • You must have been 15 years of age or younger at the time of your arrival to the U.S.
  • You must have lived in the U.S. a minimum of 5 consecutive years prior to the release of the memorandum that made deferred action possible
  • You must be a current student or must have graduated from school in the U.S. or have an honorable discharge from the armed services.
  • You must be under the age of 30.
  • You should not have a felony on your record, or certain misdemeanors.
Even though deferred action will make your status in this country legal, it does not equal citizenship or permanent residency. Deferred action is a 2 year deferral from any type of removal action. If deferred action is granted, you may also be given employment authorization. Even if you are currently facing removal proceedings, you can still apply for deferred action if you meet all the requirements stated above. In order to apply for deferred action, the USCIS will require you to fill out three forms.
  • Form I-821D
  • Form I-765
  • Form I-765WS https://www.uscis.gov/sites/default/files/document/forms/i-765ws.pdf
Before submitting these forms to the USCIS, they must be filled out completely and accompanied by the required fees and all documentation required. Please read each form’s instructions carefully and verify all the information is correct before submitting them. If your application does not include the required fees, the USCIS will not consider your application. The fees for the form listed above total $465 dollars, this includes the fee for each form and a biometric services fee.

DOCUMENTATION

In order to prove that you meet the guidelines for deferred action, you must provide the documentation required by form I-812D. Below we will explain the documentation required and provide an example for each one. Proof of Identity: This must be a document bearing your name and a photo of you, such as a passport, birth certificate, school or military ID or any U.S. government document that has the required information. Proof that you were in the U.S. before turning 16: This may be any document that states your date of entry, such as a passport with an admission stamp or school records proving you attended school in the U.S. before the age of 16. You may also provide any travel records or medical records that prove you were in the country before your 16th birthday. Proof of Immigration status: In order to apply you must provide documentation that shows your current immigration status, such as an expired visa. If you entered without inspection (EWI) you don’t need to provide proof of your immigration status. Proof of Presence in the U.S. You must prove that you were here on June 15, 2012 or that you continuously resided in the U.S. since June 15 2007. What you provide for this will vary depending on your current situation, it may be rent receipts, military records, school records, passport entries, birth certificates of children born in the U.S. dated bank transactions, insurance policies, or tax receipts. The documents stated above are only a few examples of the documentation you may provide in order to proof your presence in the U.S. Proof of Student Status or Honorable Military Discharge: School records from your current school, or your high school diploma or GED will be required along with your application. If you are submitting proof of an honorable military discharge, you must provide a certificate of release, discharge from active duty, military personnel records, military health records or your record of service. Once you have gathered the required documentation, filled out all the required forms, gathered all the fees and submitted everything to the USCIS lockbox, you will have to wait for the USCIC to contact you. Once they receive your packet, they will review it for completeness, if everything is in order they will send you a receipt, followed by a notice for the biometrics services appointment. Missing you biometrics appointment can delay the process of your application, and can even lead to your application being denied. If the USCIS requires any more information or documentation, they will contact you and may require you to appear the USCIS office. The USCIS will notify every individual who applied for deferred action of its determination by mail.
Posted in blog, Immigration News and Issues | Tagged

Blood Alcohol Content

Posted on Aug 15, 2013 by David Chesley

In the United States it is illegal to drive with a BAC (blood alcohol content) level of 0.08% or higher. For a minor the legal limit is lower at 0.01%. BAC level will be used as evidence to prove that a person was driving while intoxicated.

If you are pulled over for a DUI 873


Posted in blog, DUI Information and Advice | Tagged

Eric Holder Proposes Changes in our Justice Department

Posted on Aug 13, 2013 by David Chesley

Attorney General Eric Holder

Attorney General Eric Holder has announced a new policy in our Justice Department, under this new policy low level, nonviolent drug offenders who are not tied to gangs or drug organizations will no longer be charged with offenses that require mandatory minimum sentences.

Holder revealed this new policy at the American 875


Posted in blog, News re: Criminal Defense, Recent Developments in Criminal Law | Tagged

California Releasing Around 1,000 Inmates Early.

Posted on Aug 9, 2013 by David Chesley

Overcrowding in a CA State Prison

California, currently under court orders to minimize the crowding of their prisons by the end of the year is facing a tough time figuring out how to relocate 9,600 inmates. Officials claim that they may be forced to free about 1,000 inmates before they complete their prison sentences.

Many 877


Posted in blog, News re: Criminal Defense, Recent Developments in Criminal Law | Tagged

How to Behave During an Arrest

Posted on Aug 6, 2013 by David Chesley

Today we will talk about a few guidelines to follow if you are being arrested. While these do not cover every situation, they will give you an overview of how to deal with an arrest.

Be polite:

If you are stopped by a police officer, stay calm, be polite and courteous. If you believe you 881


Posted in blog, Criminal Defense Advice, DUI Information and Advice | Tagged

High School Teacher Facing One Year in Jail After Pleading Guilty to Six Counts of Sex Crimes

Posted on Aug 2, 2013 by David Chesley

Elizabeth Whitehurst at her trial in San Bernardino County

A former High school teacher is facing a year in jail after she plead guilty to sex crimes she committed with three of her students. Laura Elizabeth Whitehurst, 28, faced 41 felony counts of sex crimes, on Wednesday she plead guilty to two counts for oral copulation and 882


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DUI penalties

Posted on Jul 31, 2013 by David Chesley

In the United States there is a DUI-related fatality every hour, because of this most states have made their laws and penalties regarding DUIs more severe, especially when dealing with repeat offenders.

Here we have an overview of the most common penalties you will face when charged with a DUI

Fines:

Fines for DUI cases 884


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Riot in Huntington Beach Sunday 7/28/2013

Posted on Jul 29, 2013 by David Chesley

Looters breaking into a bike shop in Huntington Beach

Sunday night a violent group of rioters broke away from the thousand gathered at Huntington Beach for the Vans U.S. open for surfing. Vehicles, street signs, newspaper racks, and a bike shop were damaged during the incident.

According to police and witnesses the violence started after 886


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Police Officer Fired, After Voicing Concerns Over Ticket Quota

Posted on Jul 25, 2013 by David Chesley

Former Auburn police officer, Justin Hanners

A former police officer of Auburn, Alabama has recently spoken out against the police department’s ticket quota tactics. “When I first heard about the quotas I was appalled.” says Justin Hanners, whose refusal to drop the issue of ticket quotas lost him his job.

“I got into law enforcement 888


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Hundreds Marched Against Police Brutality

Posted on Jul 23, 2013 by David Chesley

Protestors gathered in Anaheim

On Sunday, hundreds of civilians marched through Anaheim, marking the one year anniversary of a police shooting that killed Manuel Diaz, 25, who was unarmed.

The demonstration also focused on the police brutality that has taken place in Anaheim recently. The day after police shot Manuel Diaz, another police shooting took 890


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Hollywood’s Roaming Robbers

Posted on Jul 18, 2013 by David Chesley

Band of robbers in Hollywood Boulevard

Tuesday night a band of robbers tore through Hollywood Boulevard. Police believe these are the same juveniles who broke off from the Zimmerman protest in the Crenshaw district and attacked people earlier this week.

Los Angeles Police Department’s Sergeant Johnson said “I think this specific group came up to 892


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Los Angeles Zimmerman Protests continue

Posted on Jul 17, 2013 by David Chesley

Protestor gathered at Leimert Park

After the fourth day of protest over the acquittal of George Zimmerman. Los Angeles police have vowed to crack down on disorderly conduct. On Monday night, the police department said that protesters will no longer be able to march on the streets, as the department allowed on previous nights. Instead, 894


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Largest Prison Hunger Strike in California History

Posted on Jul 13, 2013 by David Chesley

Supporters of the inmates protesting outside twin towers correction facility

Monday morning nearly 30,000 inmates stopped eating in order to protest prison conditions and rules. The protest has spread over two-thirds of California prisons, and many inmates are also refusing to attend their work assignments.

The strike is centered on the state’s solitary confinement practices 896


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Detroit, Nearly Bankrupt and Paying its Lawyers $1000 an Hour

Posted on Jul 12, 2013 by David Chesley
Detroit, currently facing a $380 million deficit is paying its lawyers $1,000 an hour because as Charlie Langton, a legal analyst at WWJ (A Detroit based TV Channel) explains it “that’s the going rate.” Jones Day, the company hired by Detroit government to restructure its finances has already stacked a bill of $1.4 million according 898
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Couple Arrested in Davis for Indecent Exposure

Posted on Jul 11, 2013 by David Chesley

Wenyi Xu and Nicholas Bowen

Davis police have arrested a couple under charges of indecent exposure and lewd acts in public after a city park worker saw Wenyi Xu, 30, flashing bicyclists.

Police say the couple was targeting kids at a popular Davis bike trail yesterday morning at 9:30 am. Her accomplice, Nicholas Bowen, 61 900


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Criminal Law

Posted on Jul 10, 2013 by David Chesley

Criminal law is the area of our justice system that relates to behavior that is dangerous to the public, or damaging to society. This behavior labeled as “crime” is punishable by monetary fines, prison or jail sentences, or other means of punishment. What exactly is labeled a crime, and what its corresponding punishment is varies 904


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Arson Suspect Faces Charges for Nine Fires

Posted on Jul 10, 2013 by David Chesley

The Mill Fire in Yucaipa

On Wednesday, July 10, 2013, Stephen Taylor Rutherford, 47, was charged with 13 felony counts of arson.  He has been accused with the burning of more than 600 acres in the San Bernardino and Riverside counties, including the Mills Fire in Yucaipa. Rutherford is currently behind bars with a set 902
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Areas We Serve

Recent Results

  • Our client faced multiple serious charges in Los Angeles County, including Penal Code § 211 (Robbery), § 245(a)(1) (Assault with a Deadly Weapon), and § 245(a)(4) (Assault with Force Likely to Cause Great Bodily Injury). Unlike a co-defendant represented by another firm who pled to a felony conviction with a "strike," our legal team pursued a different strategy. Through the submission of a comprehensive mitigation package to the District Attorney, we successfully negotiated a complete dismissal of all charges.
  • Our client faced serious charges under Penal Code section 211 for alleged felony robbery involving force and fear in Riverside County (Murrieta Court) . The prosecution argued that probation was not appropriate due to our client’s prior felony convictions in San Bernardino County, including a previous robbery in April 2021 and grand theft in November 2019. Despite the severity of these allegations, our legal team successfully demonstrated insufficient evidence during the preliminary hearing. As a result, all charges were dismissed. This outcome allowed our client to move forward without the burden of a new conviction.
  • Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico our client was the only defendant who received NO JAIL TIME!
  • Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!
  • Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victims mother DISMISSAL of all charges at preliminary hearing!
  • Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!
  • Client's estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.
  • Police allegedly discovered 3 bags of marijuana in client's glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!

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