Client was pulled over for bad registration tags in Riverside County.  Upon being contacted by the officer, the officer noted a strong smell of marijuana coming from inside the vehicle.  The officer then stated he saw a marijuana "cigarette" inside the passenger dashboard.  Client claimed the joint after the passenger denied possession of it.  The police arrested and then cite-released client. Arrest for: Vehicle Code section 23222(b): Possession of Marijuana While Driving.  Penalties: Misdemeanor conviction, $100 fine (not subject to booking if person does not demand to be taken to a magistrate.) Yesterday, the Law Office of Juan F. Dotson successfully negotiat... [More]

Summary: Client was identified as the person that stabbed a young man in Valley (Los Angeles).  The victim went to the hospital and received stitches. Client faced violent (and serious) felony charges: assault with a deadly weapon (knife) [Penal Code section 245(a)(1)] along with a Great Bodily Injury [Penal Code section 12022.7(1)] allegation.  Client faced up to 7 years in state prison.  The knife and great bodily injury allegations elevate any general assault charge to a violent felony pursuant to Penal Code section 667.5(c) (makes this offense a strike). After some investigation, the case proceeded to preliminary hearing since the district attorney did not make any offer... [More]

I recently answered the following question: What has to be stated on the search warrant for it to be valid? does the search warrant have to be presented to me during the time of the search?      Penal Code sections 1524 & 1525 govern search warrants. Generally, a judge will not issue a search warrant unless the warrant is supported by an affidavit: *naming or describing the person to be searched *describing the property, thing, or things and the place to be searched The affidavit must show there is probable cause to believe that the property: 1) was stolen or embezzled. (2) was used as the means of committing a felony. (3) is going to be used to commit a publi... [More]

Yesterday, Mystikal drove to Baton Rouge, Louisiana to see his family after being released (late evening January 14) from prison after serving 6 years for sexual battery and extortion charges. His one-year sentence for tax evasion was also satisfied during this isolating period, where he passed a lot of time by writing music.  Mystikal, aka Michael Lawrence Tyler, had reached success ‘beyond his dreams’ and left the hip-hop community asking for more after dropping his Grammy catapulting jams “Shake Ya Ass” and "Danger." Mystikal let his hometown know the good news by calling Wild Wayne, on Q93 FM New Orleans, on his way home.  Upon being asked if law enforc... [More]

Normal 0 WOULD HE HAVE PLED GUILTY IF HE FACED SIMILAR CHARGES IN CALIFORNIA? New York’s tough stance on guns put Weezy in a most uncomfortable position—plead guilty to a charge in return for an 8-month actual sentence or face over 2-½ in prison if he loses.  The Price is Wrong in taking that chance. He loses money anytime he is not free to record new tracks, appear at promotional events, or perform.  Furthermore, and probably most important, all felony convictions may subject him to aggravated penalties, make him ineligible for probation, increase his minimum bail, and maybe keep him from visiting or performing in some countries.   Under federal law, ... [More]

Normal 0 Last Tuesday, Lil’ Wayne appeared in a Manhattan courthouse to learn more details about his upcoming February 9 sentencing for attempted criminal possession of a weapon in the second degree.  Born in 1982 as Dwayne Michael Carter, Lil’ Wayne relied on his attorney’s advice, which likely included discussions about his liberty and maintaining his career’s momentum given the 3-½ year prison sentence he could receive if convicted at trial of this class D violent felony.  His attorney, Stacey Richman, backed her client’s decision to plead guilty in October and stated: "In the current political atmosphere and given the stance New York sta... [More]

These two clients expressed their joy and relief after learning their cases had been dismissed--the day before Thanksgiving.  A truly great way to start the Thanksgiving holiday weekend. P. v. C.Z., 27742KU. Los Angeles (Pomona) Irritated/eager CHP officer pulled over client and approached vehicle with hand on firearm.  After encounter with client and the two other passengers, client was cited for violating VC 22348(b) – driving over 100 mph.  Client’s only option was trial since this offense rendered him ineligible for traffic school.  Client also faced a steep insurance premium increase because of his young age and 3 prior moving violations within the pas... [More]

Normal 0 Two brothers from the city of Banning were arrested for violating Penal Code section 69, felony resisting arrest with force or violence.  The co-defendant, who was also charged with carrying a loaded weapon in public and unlawfully carrying a concealed firearm, was represented by JESSICA BRYS BROWNSELL, from the Law Office of the Public Defender, County of Riverside. Each felony carries a potential sentence of county jail or up to 3 years in state prison.  Since the district attorney's office did not want to drop the firearm charges during plea negotiations, the defendants had no option but to take this matter to trial despite facing state prison.  The defense... [More]

Sample scenario: Arrested a month ago at college football game in Los Angeles, CA.  20 year old male had been drinking.  Taken to police station, released after 6 hours.  Informed by police that no charges would be filed.  Letter in mail with court date. He cannot afford an attorney.   What should this person expect? 647(f) is a misdemeanor that carries a maximum punishment of jail up to six months, a $1000.00 fine, or both.  He may likely receive an offer to plead guilty to the court for credit for time served, along with probation and some alcohol anonymous classes. That is assuming you have no prior criminal history, given his young age.  Probation can... [More]

With the aid of the Law Office of Juan F. Dotson, an aggrieved parolee, can petition the court to order the CDC(the respondent) from applying the residency restrictions if their offenses and convictions predated November 8, 2006, the effective date of the residency restriction statute (Megan's Law).  An unconstitutional as-applied challenege must be presented to the court.  See the discussion below.      The petition would request the following: (1) Issue an immediate stay of enforcement of California Department of Corrections and Rehabilitation Policy No. 07-36 (August 17, 2007), and any equivalent policy adopted for the purpose of enforcing the residency rest... [More]