Governor Newsom signed hundreds of new bills into law that took effect beginning this year. We will be highlighting many of them throughout the year. Here are just a few more: SB 1228 (DNA from Rape Kits) In 2016, a property crime case was issued against a sexual...
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New Law Highlight – January 2023
Most people look forward to the fireworks at midnight on New Year’s Eve, but at the Law Office of David P. Shapiro, we get excited when the new year is ushered in with the passage of new laws that benefit our clients. We are happy to report that lawmakers appear to be...
The Burden of Proof at a Preliminary Hearing in San Diego
First, let’s discuss what a preliminary hearing is. A preliminary hearing is a “mini trial” that comes after the arraignment and before the trial. It takes place when you are charged with a felony offense. There is no preliminary hearing for misdemeanor charges in...
When Should You Hire a Criminal Defense Attorney?
You should hire a criminal defense attorney whenever there is a realistic chance of being charged with a crime. “Wait and see” is oftentimes the worst strategy imaginable. In fact, it is not a strategy at all, but rather gives up all control of your future to the...
I’ve Been Arrested, Now What?
Being arrested can be a very traumatic experience and even more so when you have no idea what to do or what to expect. A lot of people feel lost and powerless through the process. It is important to know that you can regain control of the situation by being proactive...
Reasons You May Be (Lawfully) Pulled Over by Law Enforcement
Speeding This one is a no brainer. It is by far the most common reason a driver would get pulled over. Depending on how fast the driver is going and if there is any accident or injuries, this may even lead to serious criminal charges that go beyond a simple speeding...
What’s the difference between getting charged as a juvenile versus an adult?
Juvenile court proceedings begin with the arrest of a minor. If law enforcement decides to detain the minor, then the minor may be taken to juvenile hall and face charges in juvenile court. Who can be charged in juvenile court? To be charged in juvenile court in...
Can I Get My Conviction Expunged/Dismissed?
In many instances, you can petition for an expungement under California Penal Code section 1203.4. If granted, an expungement allows you to withdraw your guilty plea and reenter a plea of not guilty. Basically, it gets the case dismissed for many (but not all)...
What are “Statute of Limitations?” Can you be arrested after the statute of limitations expires?
You cannot lawfully be arrested or prosecuted after the statute of limitations has run its course. This blog will focus on varying statutes of limitation for California crimes, not federal crimes. Statutes of limitations are a set of time periods which a prosecutor...
Will I lose my gun rights if convicted of a crime?
Short Answer: You could. It depends on the charge(s) you have been convicted of. California has some of the strictest laws in the nation relating to possessing firearms. Felonies You will lose your gun rights for life if convicted of a felony. However, you might be...