Redwood City Criminal Law Blog

Man linked to murder and series of burglaries

A 42-year-old man has been taken into custody in connection with a string of recent burglaries in the Malibu Canyon area of California. He is also suspected of fatally shooting a man in front of his 2 and 4-year-old daughters in Malibu Creek State Park in June. The man is being held on a number of parole violations while investigators build homicide and burglary charges against him according to a Los Angeles County Sheriff's Department representative.

The man was apprehended by deputies searching Malibu and Calabasas for an individual carrying a rifle. The search was initiated after workers at a local community center reported a burglary and gave a brief description of the perpetrator. Deputies say that the man surrendered without firing a shot after a brief but tense standoff. The arrest comes a week after SWAT officers made an exhaustive neighborhood-wide search for a man seen burglarizing an office while carrying a rifle.

Felony murder law change in California

California inmates serving time for murder could soon get a second chance. A new bill limits the state's authority to convict defendants charged with felony murder. The bill also allows inmates incarcerated on felony murder convictions to apply for re-sentencing.

Felony murder is a type of homicide charge which allows a person to be convicted of being an accomplice to murder that he or she did not commit. The felony murder rule has traditionally allowed prosecutors to convict defendants for murder if they were involved with others in the commission of another serious felony such as robbery, even if they were not present when the murder was committed. Under this rule, it was possible for a person to be convicted for a murder charge even if they were driving a getaway car and a murder was committed outside their presence, even if they had no idea that any accomplices were armed or intended to commit any violent crimes.

Simi Valley police arrest Rams practice squad center for DUI

Football fans in California have only had one chance to see Aaron Neary during a regular season NFL game, but he remains on the practice squad for the Los Angeles Rams as a center. His recent arrest on suspicion of DUI might complicate his career plans, but the team's coach was glad that no one was hurt when Leary allegedly drove under the influence of alcohol.

Shortly before his traffic stop, multiple people alerted the Simi Valley Police Department to an erratic driver hitting objects on the side of the road. Police officers stopped the vehicle on El Monte Drive close to El Lado Drive. Neary, who lives in Simi Valley, reportedly cooperated with the officers and got out of the car. His breath test is said to have yielded a reading of .17 percent, well above the legal alcohol limit.

MS-13 gang members charged in California

The gang known as MS-13 used a remote California farm city as a base from which they engaged in criminal activity in places as far away as New York, according to prosecutors who filed charges against more than 20 alleged members. The charges came after a lengthy investigation into drug trafficking in Fresno County and were announced during an Aug. 31 press conference. The gang is said to have taken advantage of the scant resources available to law enforcement in the city of Mendota to conduct business without drawing unwanted attention.

Prosecutors believe that MS-13 members have been involved in at least a dozen murders in Fresno County murders since 2016. However, gathering evidence against a gang notorious for using extreme violence against informers has been difficult for police. Their task is especially difficult because many of those living in California's Central Valley are from El Salvador and nearly all of them are Hispanic.

What defines elder abuse in California?

Doctors, nurses, caregivers and other professionals come into the industry with good intentions. Your career revolves around taking care of others and meeting various needs. Caregivers in nursing homes work day in and day out to provide for the elderly under ever-changing circumstances. A report of elder abuse can put your life on pause. What exactly does elder abuse mean?

Can I get my charges reduced from a felony to a misdemeanor?

In most states, the law clearly distinguishes between felonies and misdemeanors. California also does this—to some degree. For instance, rape and murder are always felonies, while prostitution and solicitation are always misdemeanors. However, there is a large gray area in the California penal code of crimes known as “wobblers.”

Wobblers are a category of hybrid crimes, which may be filed as either felonies or misdemeanors—at the discretion of the prosecutor or judge. Felonies are the most serious type of crime, and the punishment is usually imprisonment. Misdemeanors are less serious and usually punishable by a short jail term or fines. Therefore, if you’re facing felony charges for a wobbler, getting your charge reduced to a misdemeanor can be extraordinarily beneficial.

Your Solution Starts With A Free Consultation

We do not recommend a watch-and-wait approach when you are facing a criminal charge. It is in your best interest to consult with an experienced criminal defense attorney as soon as possible to start your defense right away. Schedule your free initial consultation at our Redwood City, California office today by calling 866-410-0465. You can also reach us via email to learn more.

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Chuck Smith, Attorney at Law
777 Marshall Street
Redwood City, CA 94063

Toll Free: 866-410-0465
Fax: 650-568-2823
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