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What is an Indictment in a Criminal Case?

Posted by Seppi Esfandi | May 04, 2022 | 0 Comments

An indictment is a formal, written charge issued by a grand jury that finds sufficient probable cause to hold a defendant over for trial on felony charges. Protected under the Fifth Amendment of the U.S. Constitution, an indictment outlines the specific criminal statutes the defendant is accused of violating, ensuring the accused receives....

How to Appeal a Criminal Conviction in California

Posted by Seppi Esfandi | May 03, 2022 | 0 Comments

Factual or legal errors made during a trial do not have to determine the rest of your life. The California criminal justice system provides a formal appellate process that allows convicted defendants to ask a higher court to review cases for constitutional violations, procedural missteps, or judicial errors. An appeal is not a new trial with new evidence...

What is a ‘Faretta Motion’ in California Criminal Court?

Posted by Seppi Esfandi | May 03, 2022 | 0 Comments

A Faretta motion is a formal request made by a criminal defendant in California to waive their constitutional right to counsel and represent themselves (pro per or pro se) during criminal proceedings. Derived from the landmark U.S. Supreme Court case Faretta v. California (1975), the court ruled that the Sixth and Fourteenth Amendments....

Should I Admit Guilt to My Criminal Defense Attorney?

Posted by Seppi Esfandi | May 02, 2022 | 0 Comments

When facing criminal charges, full transparency with your criminal defense attorney is almost always the most effective way to build a strong legal strategy. However, many defendants hesitate to speak openly for fear of judgment or because they worry that admitting guilt will ruin their chances of a favorable outcome. Under the U.S. justice system...

What is a Grand Jury in California?

Posted by Seppi Esfandi | Apr 18, 2022 | 0 Comments

A grand jury is a panel of citizens tasked with investigating potential criminal activity and determining whether sufficient evidence (probable cause) exists to formally charge an individual with a felony. Under Article I, Section 23 of the California Constitution, every county in California must draw and summon a grand jury at least once a year...

What Is the Red Flag Law in California?

Posted by Seppi Esfandi | Apr 18, 2022 | 0 Comments

California's red flag law allows family members, housemates, employers, coworkers, school staff, and law enforcement officers to petition a court for a Gun Violence Restraining Order (GVRO). This civil court order temporarily removes firearms and ammunition from individuals who pose a significant risk of harming themselves or others....

What Are the Types of False Confessions in Criminal Cases?

Posted by Seppi Esfandi | Apr 16, 2022 | 0 Comments

A false confession occurs when an individual admits to a crime they did not commit or makes statements against their own self-interest that falsely implicate them in criminal activity. According to research from the National Registry of Exonerations and the Innocence Project, false confessions are a factor in nearly 27% of wrongful convictions....

Are There Laws Against Police Racial Profiling in Los Angeles?

Posted by Seppi Esfandi | Apr 15, 2022 | 0 Comments

Yes. Police racial profiling is explicitly illegal under both federal law and California state law. Racial profiling occurs when law enforcement relies on an individual's race, ethnicity, national origin, religion, or skin color as a basis for suspecting them of criminal activity, rather than specific, objective evidence of wrongdoing....

School Safety: Is Bullying Considered a Crime in California?

Posted by Seppi Esfandi | Mar 09, 2022 | 0 Comments

While "bullying" itself is not a standalone criminal charge under the California Penal Code, many forms of severe bullying constitute serious criminal offenses. Acts such as physical assault, stalking, criminal threats, sexual harassment, and online cyberbullying violate specific California criminal statutes and can result in juvenile detention...

What Is "Depraved Heart" Murder in California Criminal Law?

Posted by Seppi Esfandi | Dec 15, 2021 | 0 Comments

In criminal jurisprudence, depraved heart murder refers to an unlawful killing caused by an extreme indifference to human life. While the term "depraved heart" remains widely used in general legal discourse, California courts formally classify this offense as second-degree implied malice murder under California Penal Code § 188....

Is It a Crime to Disparage Someone on the Internet?

Posted by Seppi Esfandi | Nov 29, 2021 | 0 Comments

Defamation falls almost exclusively under civil law. In most U.S. jurisdictions, defaming someone online will not result in criminal charges, a police investigation, or jail time. Instead, defamation is classified as a civil tort. The injured party must retain a private attorney and file a civil lawsuit against the speaker to obtain a remedy....

Street Fentanyl & Its Legal Consequences in California

Posted by Seppi Esfandi | Nov 22, 2021 | 0 Comments

Fentanyl is a synthetic opioid up to 100 times more potent than morphine and 50 times more potent than heroin. While pharmaceutical fentanyl is legally prescribed as a transdermal patch, lozenge, or injection for severe pain management, street fentanyl refers to illicitly manufactured fentanyl (IMF) distributed without a prescription....

What Is Los Angeles Doing About Untraceable Ghost Guns?

Posted by Seppi Esfandi | Sep 09, 2021 | 0 Comments

Privately Made Firearms (PMFs)—commonly known as "ghost guns"—have become a central focus of law enforcement and regulatory enforcement across Southern California. As untraceable, home-assembled firearms without federal serial numbers proliferate, the City of Los Angeles has taken aggressive legal and legislative action.....

What Are the Best Questions to Ask a Criminal Defense Attorney?

Posted by Seppi Esfandi | Sep 07, 2021 | 0 Comments

Facing criminal charges is a high-stakes ordeal where your freedom, reputation, and future are on the line. The most consequential decision you will make after an arrest is choosing the legal counsel who will represent you. However, stepping into a criminal defense attorney’s office can be overwhelming, leaving many defendants....

When Should You Hire a Criminal Defense Attorney in California?

Posted by Seppi Esfandi | Jun 29, 2021 | 0 Comments

If you are under investigation or facing criminal charges in California, you should hire a defense attorney immediately. Securing legal representation as early as possible—ideally before formal charges are filed or before your arraignment—is the most effective way to protect your rights, avoid costly legal traps, and build a strong defense strategy....

Know Your Rights: What Is an Arbuckle Waiver in California?

Posted by Seppi Esfandi | Jun 18, 2021 | 0 Comments

As a criminal defendant in California, understanding your statutory and constitutional rights is critical to achieving the best possible outcome. Using your rights during pre-trial motions and plea negotiations can lead to reduced charges, shorter prison terms, or alternative sentencing programs. One pivotal yet frequently misunderstood....

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