Law Offices of Azar Elihu

Important new laws 2017/2018/2019 STATUTES TO REDUCE SENTENCE SB 10: Submit your comments on new rules for bail or release on appeal...Continue reading

Check out this funny order issued by a federal judge file:///Users/azar/Downloads/Order.pdfCheck out this funny order issued by a federal judge file:///Users/azar/Downloads/Order.pdf

Cool Ca Supreme court case for people who seek expungement of their convictions. Remember moving violations that are infractions can be expunged as well. A person convicted of a misdemeanor is entitled to expungement of that conviction if, among other things, the person lives an honest and upright life during a specified... period after judgment. (Pen. Code, 1203.4a(a) (section 1203.4a(a)).) We hold that a person may live such a life even if that person has been in custody since completing the sentence imposed for the misdemeanor. Conduct while in custody is relevant to determining whether a defendant has satisfied the honest and upright life requirement. People v. Maya Ca Supreme court S255371 9 april 2020 https://bit.ly/2wsgHym https://www.courts.ca.gov/opinions/documents/S255371.PDF

Did you know shoplifting under CA law has slightly changed? Historically, shoplifting was entering a store and stealing the stuff from the shelf, right? The 3d District court of appeal in Ca extended shoplifting to entering a business and stealing from people, not more than $950. See this: People v. Michelle Dianne Franske partially published... Coa 3 11/1/2018 C081591 (Super. Ct. No. MCYKCRF101386) http://www.courts.ca.gov/opinions/documents/C081591A.PDF Defendant entered a business that sells motor homes, and stole cigarettes and $240 from the sales girl wallet. Her conduct fits within the definition of shoplifting under Penal Code section 459.5, and so her commercial burglary conviction was properly reduced to a misdemeanor under Prop 47. Shoplifting penal code: 459.5 (a) Notwithstanding Section 459, shoplifting is defined as entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours, where the value of the property that is taken or intended to be taken does not exceed nine hundred fifty dollars ($950). Any other entry into a commercial establishment with intent to commit larceny is burglary. Shoplifting shall be punished as a misdemeanor, except that a person with one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290 may be punished pursuant to subdivision (h) of Section 1170. (b) Any act of shoplifting as defined in subdivision (a) shall be charged as shoplifting. No person who is charged with shoplifting may also be charged with burglary or theft of the same property.

Greed has no limit - this developer had offered to buy the county employee $1.1 million home in exchange for multi million dollars government leases. His lawyer Thomas P. O'brien, a high profile attorney, was a federal prosecutor and former United State Attorney in Los Angeles. I had a case against him years ago in federal court that I won. Beverly Hills developer faces federal bribery charge in L.A. County lease deal A Beverly Hills real estate developer was arrested LATIMES.COM

With this new legislation- Senate Bill 312, juvenile records of serious and violent crimes within juvenile court jurisdiction will be sealed. In the past, minors could seal their criminal records if their crimes were not serious. Under the new bill, juveniles' records involving serious and violent crimes will be sealed; minors have to complete the term of probation without violation and arrest in order to have their records sealed. http://www.dailycal.org/2017/09/13/413479/

A stop signal arm affixed to a school bus does not fall within the parameters of Vehicle code 22450, meaning failing to stop on that signal is not violation of VC 22450 Peoplev. Kruschen 2/21/2020 ... https://www.courts.ca.gov/opinions/documents/JAD20-01.PDF

Car burglary is up in Los Angeles https://www.google.com//hordes-of-bay-area-gang-members-ti

See this sad case : two guys tried to extract methaphetamine dissolved in a container of Coleman fuel. The container exploded, both burned seriously, one died. the other guy was convicted of second degree murder. Commonly used for camping, Coleman fuel is a petroleum-based solvent that Is highly flammable. In re GREGORY WHITE published... on Habeas Corpus E068801 (Super.Ct.No. RIC1512917) Coa 4/2 4/30/2019 https://www.courts.ca.gov/opinions/documents/E068801.PDF

Biometrics passcode Covered by Fifth Amendment law enforcements can't force smart phone owners to unlock their phone by finger print and image recognition; it would violate their Fifth Amendment rights because biometric data is testimonial. https://blogs.findlaw.com//biometrics-now-covered-by-fifth