In November, California citizens passed a number of bills that markedly influence the criminal justice system in our state. One such bill was Proposition 36, which allows inmates serving a 25-to-life time for a “three-strikes” offense that is neither serious nor violent to apply for a reduced sentence.

Another bill passed by California voters was Proposition 35, or the Californians Against Sexual Exploitation Act. The bill, which passed with a vote of 81 percent, requires any registered sex offender to give law enforcement a list of their email addresses, usernames, screen names, and any other identifier they use for social networking, online discussion forums, chat rooms, and instant messaging. [Read more...]

A recent civil suit involving false criminal accusations against a spouse underscored the often intertwined nature of family law and criminal defense.   It also highlighted the sad fact that often times law enforcement agencies are too over-worked and under-funded to adequately investigate all the complaints they receive.

John and Alice married in 1995.  By 2005 Alice was reading books on the subject of divorce and money.  One of the books included information about using false criminal accusations against a spouse in criminal proceedings.  Alice and co-conspirator, Toothman, conspired to bring false claims against John.  In August 2005 Alice and Toothman reported to law enforcement that John had threatened to kill Alice and the couple’s children.

A criminal case alleging a felony violation of Penal Code section 422, criminal threats, was filed against John.  The case went to trial.  John was acquitted.

At the time of reading the verdict, and in somewhat dramatic fashion, the jury foreperson read a statement that said:  “We, the jury, believe that the absence of any real investigation by law enforcement is shocking and we agree that this appears to follow a rule of guilty until proven innocent.  There was no credible evidence supporting the indictment.  We believe prosecuting this crime was not only a waste of time, money and energy, for all involved, but is an affront to our justice system.  The jury recommends restitution to the defendant for the costs and fees for defending himself against these charges.  This jury requests that our collective statement be made available in any [future] legal action relating to these parties…”

John filed a civil suit against Alice and Toothman for malicious prosecution, false arrest and imprisonment, negligent statements without justification, intentional infliction of emotional distress, and for damages for violation of his civil rights.  The full opinion is available at Lefebrve v. Lefebrve, 196 Cal.App.4^th 696.

The fact that a criminal trial even occurred is a travesty of justice.  The unfortunate truth is law enforcement, particularly state and local law enforcement, does not have the man power or the budgets to investigate every claim.  Deputy District Attorneys often have enormous case-loads, sometimes more than 100 files. In particularly overwhelmed jurisdictions the unfortunate reality is that they read their files the night before they start a trial,  or even while on their way to the trial department.

Sophisticated clients can invent criminal allegations against other people that can fool even the best trained law enforcement.  That is why a working relationship, a partnership, between family law lawyers and experienced criminal defense attorneys like Kresta Daly,are so important.  Sometimes, these are the only people with the time and the ability to defend and protect not only clients but the integrity of the legal system.

Kresta Daly has a proven track record of working with family law attorneys and defending people falsely accused of a crime.  John, the defendant in this case, ultimately received a finding of factual innocence which removes the accusations from his records.   Kresta Daly is one of only a few Sacramento Criminal Defense Attorneys who has successfully litigated a finding of factual innocence.

If you have a case that would benefit from the advice of an experienced criminal defense attorney please contact Kresta Daly.

Most employment and licensing lawyers are aware that criminal convictions cause problems with state licensing agencies and other efforts to gain employment.   Expunged convictions show up on rap sheets, and agencies have the authority to require convictions be disclosed.

Experienced criminal defense attorneys know how to help individuals take steps to clean up criminal records – sometimes to the point where old convictions may no longer exist and reports to law enforcement are expunged.

Under certain circumstances people with prior felony charges may be entitled to a finding of factual innocence.  Courts rarely grant findings of factual innocence; Kresta Daly is one of few Sacramento criminal defense attorneys who has had a finding of factual innocence granted.  When courts grant a finding of factual innocence law enforcement and court records are ordered sealed and three years later the files are ordered destroyed.  A former defendant can legally say they were never accused of a crime – the records are ordered wiped clean.

Another option for people with old felony convictions is to obtain a certificate of rehabilitation.  Any person with any kind of prior felony is entitled to apply for the certificate.  If a court grants the certificate of rehabilitation it is forwarded onto the governor’s desk for a full pardon.  Even if the governor doesn’t grant the pardon merely having the certificate sometimes is enough for licensing agencies.  Some years ago a client of Ms. Daly’s, a person who had spent many years in prison, won a certificate of rehabilitation.  The governor didn’t sign the pardon but the California State Bar issued the client a license.

More common remedies, such as reducing certain felonies to a misdemeanor post-conviction, or expungements, are often helpful for clients seeking to keep or maintain professional licenses.  While reduction of a felony to a misdemeanor or an expungement still requires an individual to disclose a conviction on a license application, such remedial actions are beneficial because they have a direct bearing on the degree of the penalty imposed and can be powerful mitigation evidence.

In addition to statutory remedies to help licensees and applicants with criminal convictions or arrests, experienced criminal defense lawyer Kresta Daly is an expert at developing a mitigation plan and presenting the evidence to a licensing board or other authorities in a compelling and persuasive manner.

If you have a client who could benefit from Ms. Daly’s advice, or if you have client facing a criminal investigation or prosecution, please contact Kresta Daly.

A recent reversal of a rape conviction by a California appellate court has sparked controversy.

The appellate court found Julio Morales, who was convicted of raping an unconscious woman, must be re-tried because of errors made by the prosecutor in arguing the case in front of the jury.

Penal Code section 261, California’s rape statute, broadly defines the crime of rape and includes nonconsensual sexual intercourse accomplished against someone’s will by force, threats or fraud. Nonconsensual sexual intercourse occurs when a person is “unconscious or asleep or not aware that the act is occurring or not aware of the essential characteristics of the act because the perpetrator tricked, lied to, or concealed information.” [Read more...]