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Law Offices of James M. Crawford

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Law Offices of James M. Crawford

Criminal Defense and Appellate Relief Criminal Law- James M. Juvenile Law- Juvenile law governs delinquency and other related matters.

Appellate Law- Anyone who is convicted of a state or federal crime in California, whether as a result of a jury trial, a bench trial, or by pleading guilty is entitled to appeal his or her conviction or the criminal sentence received. Crawford focuses his practice solely on criminal law, helping clients with their state and federal problems at all stages of the criminal law process

DUI Law- If yo

u have been arrested for DUI, you will have to deal with both the criminal justice system and the DMV. Even for a first offense, the penalties can be serious-including license suspension, fines of almost $2,000, mandatory attendance at State or DMV Approved alcohol programs, and potential jail time. In addition, a DUI conviction stays on your DMV record for at least 10 years, and may result in higher insurance premiums. State statutes define which persons are under the original jurisdiction of the juvenile court. Most states define the upper age of juvenile court jurisdiction in delinquency matters as 17.

04/22/2024

6 MORE KEY CRIMINAL DEFENSE STRATEGIES

In our previous post, we explained 6 key strategies that an experienced criminal defense attorney may use to help represent you in court and defend your rights. Here are 6 more strategies that can also be very effective.

1. Arguing lack of probable cause: If the police did not have probable cause to arrest you, we may be able to argue that the charges should be dismissed.

2. Claiming self-defense or defense of others: If you acted in self-defense or to defend others, we may be able to argue that your actions were justified and that you should not be found guilty.

3. Raising issues with witness testimony: If the prosecution’s case relies heavily on witness testimony, we may try to challenge the credibility of the witnesses or raise doubts about their recollection of events.

4. Seeking to exclude evidence: If the prosecution’s case relies on evidence that was obtained illegally or in violation of your constitutional rights, we may seek to have that evidence excluded from the trial.

5. Seeking a mistrial: If something occurs during the trial that makes it impossible for you to receive a fair trial, we may seek a mistrial.

6. Appealing the verdict: If you come to our firm after having previously been found guilty, we may be able to appeal the verdict to a higher court. This could be done if there were errors made during the trial or if we believe that the verdict was not supported by the evidence.

Please contact us to discuss your case, the strategies above, and how we might help you.

04/15/2024

6 KEY CRIMINAL DEFENSE STRATEGIES

An experienced criminal defense attorney may use any or all of the following strategies to help represent you in court and defend your rights.

1. Negotiating plea bargains: Criminal defense lawyers can often negotiate a plea bargain with the prosecution to reduce the charges against you or to secure a more favorable sentence. This can be an effective strategy when the evidence is strong and a trial may not be likely to result in an acquittal.

2. Using pre-trial motions: Pre-trial motions are legal filings that are made before a trial begins. They can be used to challenge the admissibility of evidence, request a change of venue, or seek other relief that might help the defense case.

3. Presenting a strong defense at trial: If a case goes to trial, we will work to present the strongest possible defense for our clients. This may involve cross-examining witnesses, presenting evidence and testimony in support of your innocence, and making compelling arguments to the jury.

4. Using an expert witness: In some cases, it may be helpful to have an expert witness testify on your behalf. This could include a forensic expert, a medical expert, or another type of specialist who can provide valuable insights and help to strengthen the defense’s case.

5. Seeking alternative sentencing options: In certain cases, it may be possible to secure alternative sentencing options, such as probation or community service, rather than a prison sentence. This can be especially helpful for first-time offenders or those who have made efforts to rehabilitate themselves.

6. Seeking a dismissal or acquittal: Sometimes it may be possible to get the charges against the client dismissed or to secure an acquittal at trial. This can be achieved through a variety of strategies, such as challenging the prosecution’s evidence or arguing that the client’s constitutional rights were violated.

04/08/2024

CALIFORNIA’S PROP 47: WHAT YOU NEED TO KNOW

In 2014, California voters passed Proposition 47, also known as the Safe Neighborhoods and Schools Act. This measure, which was intended to reduce prison overcrowding and redirect resources towards rehabilitation and education, made a number of changes to California’s criminal justice system which have resulted in a significant reduction in the number of people serving time for these offenses in California.

One of the most significant changes was the reduction of certain drug possession and property crimes from felonies to misdemeanors. Under Prop 47, the following offenses are now classified as misdemeanors. Previously, these offenses were classified as felonies, which carried much harsher penalties.

• Possession of small amounts of drugs, including methamphetamine, co***ne, and he**in

• Theft of property valued at $950 or less

• Receiving stolen property valued at $950 or less

• Forging or altering a check or credit card, if the value is $950 or less

If you are charged with a drug possession or property crime that is covered by Prop 47, you may be eligible for a misdemeanor sentence rather than a felony sentence. However, it’s important to remember that Prop 47 does not apply to all offenses- it only applies to those specifically listed above. Moreover, other factors, such as your criminal history and the specific circumstances of your case, may also come into play. Finally, remember that Prop 47 does not apply retroactively – it only applies to offenses committed on or after November 5, 2014, the date that the measure was passed.

If you have questions about Prop 47 or are facing criminal charges in California, it’s important to seek the advice of an experienced criminal defense lawyer. Please contact James Crawford- he can help you understand your rights and options, and work to protect your interests during the legal process.

04/01/2024

WHAT TO DO IF YOU’RE ARRESTED: STEPS TO TAKE TO PROTECT YOUR RIGHTS

Being arrested can be a scary and overwhelming experience. However, it’s important to stay calm and take the right steps to protect your rights. Here are some important things to keep in mind if you’re ever arrested:

Remain Calm And Respectful

It’s important to remain calm and respectful when interacting with law enforcement officers. Being hostile or aggressive can make the situation worse and may lead to additional charges.

Exercise Your Right To Remain Silent

One of the most important things you can do if you’re arrested is to exercise your right to remain silent. You don’t have to answer any questions that could incriminate you, and anything you say can be used against you in court. It’s best to wait until you’ve spoken to an attorney before answering any questions.

Ask For An Attorney

If you’re arrested, you have the right to an attorney. If you can’t afford one, a public defender will be appointed for you. It’s important to ask for an attorney as soon as possible to help protect your rights throughout the legal process.

Don’t Consent To Searches

If law enforcement officers ask to search you or your property, you have the right to refuse. It’s important to assert your rights and not consent to any searches without a warrant.

Follow All Instructions

While it’s important to assert your rights, it’s also important to follow all instructions given to you by law enforcement officers. This can help avoid further escalation of the situation and may help protect your safety.

Being arrested can be a stressful experience, but it’s important to stay calm and take the right steps to protect your rights. Remember to exercise your right to remain silent, ask for an attorney, and not consent to any searches without a warrant. If you’ve been arrested, contact a criminal defense attorney as soon as possible to discuss your case and your legal options.

03/25/2024

UNDERSTANDING CRIMINAL PROCEDURE: AN OVERVIEW OF THE CRIMINAL JUSTICE SYSTEM

The criminal justice system can be a confusing and overwhelming process, especially if you’re facing criminal charges. Understanding the basic components of criminal procedure can help you navigate the legal system and protect your rights. Here’s an overview of criminal procedure, including pre-trial proceedings and trial procedure.

Pre-Trial Proceedings

After an arrest, the pre-trial proceedings begin. This involves a series of steps that occur before the trial, including:

1. Bail hearing:
A hearing where the court decides whether to release the defendant from custody and set bail.

2. Arraignment:
A formal hearing where the defendant is informed of the charges against them and enters a plea of guilty or not guilty.

3. Discovery:
The exchange of evidence between the prosecution and defense.

4. Pre-trial motions:
Requests made by the defense or prosecution to the judge regarding the admissibility of evidence or other procedural issues.

Trial Procedure

If the case proceeds to trial, the following procedure occurs:

1. Jury selection:
The process of selecting a jury to hear the case.

2. Opening statements:
The prosecution and defense each make an opening statement to the jury outlining their case.

3. Presentation of evidence:
The prosecution presents evidence to support their case, and the defense presents their evidence to rebut the prosecution’s case.

4. Closing arguments:
The prosecution and defense each make a closing argument to the jury, summarizing their case.

5. Jury instructions:
The judge instructs the jury on the law and how to apply it to the case.

6. Jury deliberation and verdict:
The jury deliberates and reaches a verdict, which is read in open court.

7. Sentencing:
If the defendant is found guilty, the judge imposes a sentence.

Understanding criminal procedure is essential if you’re facing criminal charges. The pre-trial proceedings and trial procedure are complex and can be overwhelming without an experienced criminal defense attorney by your side. It’s important to know your rights and to seek legal representation as soon as possible. An experienced criminal defense attorney can help guide you through the criminal justice system and ensure that your rights are protected at every step.

03/18/2024

CALIFORNIA’S SB 10: WHAT YOU NEED TO KNOW

In 2018, California Governor Jerry Brown signed Senate Bill 10, also known as the No Money Bail Act, into law. This measure, which went into effect on January 1, 2020, made significant changes to the state’s bail system, including the elimination of bail for most pretrial detentions.

Under SB 10, most individuals who are arrested and charged with a crime in California are no longer required to pay bail in order to be released from custody before their trial. Instead, they are evaluated by a risk assessment tool, which considers factors such as their criminal history and the severity of the offense they are charged with. Based on this assessment, the individual may be released on their own recognizance, or they may be required to meet certain conditions, such as wearing an electronic monitoring device or reporting to a supervision officer.

It’s important to note that SB 10 does not apply to all criminal offenses in California. There are certain offenses, such as murder, that are exempt from the risk assessment process and may still require bail. Additionally, SB 10 does not apply to individuals who are deemed to be a flight risk or a danger to the public – these individuals may still be held in custody pending trial. Other factors, such as your criminal history and the specific circumstances of your case, may also come into play.

If you’re facing criminal charges in California, it’s important to understand how SB 10 may affect your case. If you have questions, please contact us to better understand your rights and options, and to help protect your interests during the legal process.

03/11/2024

UNDERSTANDING YOUR MIRANDA RIGHTS: WHY YOU SHOULD ALWAYS EXERCISE YOUR RIGHT TO REMAIN SILENT AND SPEAK TO AN ATTORNEY

Miranda rights are crucial in the criminal justice system, and it’s important to understand them if you’re ever arrested. These rights were established in the landmark Supreme Court case Miranda v. Arizona, which determined that law enforcement officers must inform suspects of their rights before they can be questioned in police custody.

The Miranda warning typically includes the following language:

• You have the right to remain silent.
• Anything you say can be used against you in court.
• You have the right to an attorney.
• If you cannot afford an attorney, one will be appointed for you.

Here’s why it’s important to understand your Miranda rights:

1. Protect Your Right Against Self-Incrimination
By remaining silent and not answering any questions that could incriminate you, you can avoid saying anything that could be used against you in court.

2. Get Legal Help
By exercising your right to an attorney, you have the right to consult with an attorney before answering any questions. An attorney can advise you on how to answer questions in a way that’s least damaging to your case and can help protect your rights throughout the legal process.

3. Avoid Making Mistakes
If you’re not familiar with the legal system, you might not realize the potential consequences of saying certain things during police questioning. By remaining silent and consulting with an attorney, you can avoid making mistakes that could hurt your case.

4. Ensure Fairness in the Legal Process
Miranda rights are designed to ensure that the legal process is fair for everyone. By informing suspects of their rights, law enforcement officers can prevent coerced confessions and other violations of defendants’ rights.

Understanding your Miranda rights is crucial if you’re ever arrested. By exercising your right to remain silent and speaking to an attorney, you can protect your rights and ensure that you’re treated fairly throughout the legal process. If you’ve been arrested, contact a criminal defense attorney as soon as possible to discuss your case and your legal options.

03/04/2024

CALIFORNIA’S POLICE BODY CAMERA LAW: WHAT YOU NEED TO KNOW

In recent years, the use of police body cameras has become increasingly common in California and across the United States. These small, portable cameras are worn on an officer’s uniform and record audio and video footage of their interactions with the public. The goal of police body cameras is to promote transparency and accountability, and to provide a record of events that can be used as evidence in court.

Under California law, all police agencies are required to have a written policy on the use of body cameras, and to make that policy available to the public upon request. These policies must outline the circumstances in which body cameras must be worn, when they must be turned on, and how the footage is to be stored and used.

In general, California law requires that body cameras be activated “during any interaction with the public,” including traffic stops, arrests, searches, and questioning. There are, however, a few exceptions to this rule. For example, body cameras do not need to be turned on during confidential conversations with informants, or during activities that are considered “administrative” or “non-enforcement” in nature.

It’s important to note that body camera footage is considered a public record in California, and may be released to the public upon request under the California Public Records Act. However, there are certain situations in which the release of body camera footage may be restricted, such as if it would compromise the privacy of a victim or witness, or if it would interfere with an ongoing investigation.

By requesting access to and reviewing body camera footage as part of your defense strategy, you may be able to identify possible violations of your rights, or any inconsistencies in the prosecution’s case.

If you have any questions about police body cameras in California, or if you need assistance with a criminal case involving body camera footage, please contact us directly.

02/26/2024

WHAT IS EXPUNGEMENT AND AM I ELIGIBLE FOR IT?

Expungement is the legal process of destroying or sealing a criminal record, making it no longer publicly available. Sealing a criminal record means it is still technically available to certain agencies, but not accessible to the general public. Expungement is typically available for certain misdemeanor and felony convictions, as well as certain arrests that did not result in a conviction.

In order to be eligible, an individual must typically have completed their sentence, including any probation or parole, and not be currently serving a sentence or on probation for another offense. Sealing a criminal record is generally only available for arrests that did not result in a conviction.

There are several benefits to expunging or sealing a criminal record in California. It can improve job prospects and make it easier to obtain certain professional licenses. It can also improve chances of being approved for housing or credit. Expungement or sealing can provide a sense of closure and allow individuals to move on with their lives, free from the stigma of a criminal record.

While some agencies, such as law enforcement and certain licensing boards, may still be able to access sealed records, for most practical purposes, an expunged or sealed record is treated as if it does not exist.

If you or someone you know is interested in expungement or sealing a criminal record, it is important to consult with an experienced criminal defense attorney.

02/19/2024

LAW CHANGE: CALIFORNIA SENATE BILL 775 EXPANDS CRIMINAL DEFENSE RIGHTS

California SB 775 is a new law that clarifies the rights of those convicted of certain crimes. If you were convicted of attempted murder or manslaughter under the felony murder or natural and probable consequences theory, you can now get the same relief as those convicted of murder under the same theories. This means you may be able to have your sentence reduced or even get released from prison.

The new law also codifies a recent court decision called People v. Lewis. This decision says that if you’re asking for relief under this new law, you have the right to a lawyer to help you. The court will also use a certain standard to decide if you’re entitled to relief. This standard is a “prima facie showing,” which means you have to show enough evidence to support your claim.

If you’re asking for relief under this new law, the court will hold a hearing to decide if you qualify. At this hearing, the court will use the “beyond a reasonable doubt” standard to make its decision. This means that the court will only grant relief if it’s very sure that you qualify.

Finally, the new law says that the court will follow the Evidence Code when deciding what evidence to consider at the hearing. It also says that hearsay evidence (secondhand information) that was admitted at a preliminary hearing will be excluded.

Overall, this new law clarifies the rights of people who were convicted of certain crimes and may allow them to get relief from their sentences. If you think you may qualify for relief, it’s important to talk to a lawyer who can help you understand your rights and navigate the legal system.

02/12/2024

WHAT IS CALIFORNIA’S “SECOND CHANCE LAW”?

In California, the “2nd Chance Law” refers to a set of laws and initiatives that aim to provide individuals who have been convicted of a crime with the opportunity to have their criminal records sealed or expunged. Expungement means that a criminal conviction is removed from a person’s record, while sealing means that the conviction remains on the record but is not disclosed to the public.

The specific laws and initiatives that make up the 2nd Chance Law in California include:

Proposition 47: This ballot measure, which was passed by California voters in 2014, allows people who have been convicted of certain nonviolent felonies to petition the court to have their convictions reclassified as misdemeanors. If the petition is granted, the person may be eligible to have their conviction sealed or expunged.

Proposition 64: This ballot measure, which was passed by California voters in 2016, legalized the possession and use of recreational ma*****na in California. It also provided for the expungement of certain ma*****na-related criminal convictions.

Senate Bill 180: This law, which went into effect in 2019, expanded the types of offenses that can be sealed or expunged under Proposition 47 to include some misdemeanors. It also streamlined the process for petitioning the court for expungement or sealing of a criminal record.

Overall, the 2nd Chance Law in California can have a significant impact on individuals who have been convicted of a crime and are seeking to have their criminal records sealed or expunged. These laws may provide individuals with the opportunity to have their criminal records cleaned up and to move forward with their lives. However, it’s important to note that the specific laws and their application can vary depending on the circumstances of each case. If you have specific questions about the 2nd Chance Law in California and how it may apply to you, please contact us for a consultation.

02/05/2024

LAW CHANGE: AB 333 CHANGES HOW GANG ENHANCEMENTS ARE USED

AB 333 is a new law that changes how gang enhancements are used in criminal cases. It removes looting, vandalism, and identity theft from the list of crimes that can be used to prove a pattern of criminal gang activity. This means that just because someone commits one of these crimes, it does not automatically mean they are part of a gang.

The new law also changes the definition of “criminal street gang.” To be considered a criminal street gang, it must be proven that members of the gang collectively engage in a pattern of criminal gang activity. This means that it’s not enough to just prove that an individual committed a crime; there must be evidence that the gang as a whole is involved in criminal activity.

Finally, the new law requires that if a defendant is charged with a gang-related offense and other offenses that do not require proof of gang activity, the charges must be separated into two parts, or “bifurcated.” This means that the gang-related charge will be heard separately from the other charges. This is important because it can be harder to defend against a charge that includes gang enhancements, and separating the charges can make it easier for the defendant to get a fair trial.

Overall, AB 333 is a new law that changes how gang enhancements are used in criminal cases. It makes it harder to prove that someone is part of a gang just because they commit certain crimes, and requires evidence that the gang as a whole is involved in criminal activity. It also requires that gang-related charges be separated from other charges, so that defendants can have a fair trial. If you’re facing gang-related charges, it’s important to talk to a lawyer who can help you understand your rights and navigate the legal system.

01/29/2024

THE TOP 5 MOST COMMON MISTAKES PEOPLE MAKE AFTER AN ARREST IN CALIFORNIA

If you have been arrested in California, it can be a stressful and confusing experience. It is important to remember that you have rights, and that you should exercise those rights to protect yourself and your interests. However, it is also important to avoid making mistakes that could jeopardize your case or your freedom. Here are the top five most common mistakes people make after an arrest in California:

1. Talking to law enforcement without an attorney present. It is natural to want to explain yourself and try to prove your innocence, but anything you say to law enforcement can be used against you in court. It is important to remain silent and request to speak with an attorney before answering any questions.

2. Providing consent to search. If an officer asks to search your property, you have the right to say no. You may think that consenting to a search will make you look more cooperative and less guilty, but this is not the case. By consenting to a search, you are giving up your Fourth Amendment protection against unreasonable searches and seizures.

3. Posting about the arrest on social media. It is tempting to share your side of the story with friends and family, but anything you post on social media can be used against you in court. It is important to keep a low profile and avoid discussing the details of your case online.

4. Violating the terms of your release. If you are released on bail or your own recognizance, you will be required to follow certain conditions. These may include not leaving the state, not contacting certain individuals, and not committing any additional crimes. If you violate the terms of your release, you could be rearrested and held in custody until your trial.

5. Failing to retain an attorney. If you cannot afford an attorney, the court will appoint one for you. However, a public defender may not have the time or resources to devote to your case. It is important to retain an experienced criminal defense attorney as soon as possible, so that they can start building your defense and protecting your rights.

If you have been arrested in California, it is important to exercise your rights, yet avoid making mistakes that could harm your case or your freedom. If you have any questions or concerns about your rights or your case, it is important to consult with an experienced criminal defense attorney.

01/22/2024

LAW CHANGE: AB 518 REDUCES POSSIBLE IMPRISONMENT TIME

AB 518 is a new law that changes how punishments are determined for crimes that can be punished under multiple laws. Under the previous law, if someone committed a crime that could be punished under multiple laws, they could only be sentenced for the longest possible term of imprisonment.

The new law changes this by amending PC 654 to provide that a person can be punished under any of the laws that apply to the crime. This means that the judge can choose which law to use for sentencing, rather than being required to use the law with the longest possible term of imprisonment.

This change applies to all nonfinal cases, meaning any cases that have not yet been resolved. This could have a significant impact on how crimes are punished in California, as judges now have more discretion to choose a punishment that fits the specific circumstances of the crime.

Overall, AB 518 is a new law that changes how punishments are determined for crimes that can be punished under multiple laws. Instead of being required to use the law with the longest possible term of imprisonment, judges now have more discretion to choose a punishment that fits the crime.

If you’re facing criminal charges, it’s important to talk to a lawyer who can help you understand how this new law might impact your case.

01/15/2024

HUMAN TRAFFICKING: DEFINITION AND DEFENSE

In California, human trafficking is defined as the act of recruiting, transporting, or harboring people for the purpose of forced labor or s*xual exploitation. This can include a wide range of activities, such as compelling someone to work against their will or compelling a minor to engage in a commercial s*x act. There are several possible ways to defend against human trafficking charges in court.

One common defense is to argue that the defendant was not involved in trafficking at all. For example, if the defendant was falsely accused or was misidentified, they may be able to argue that they are not guilty of the crime.

Another possible defense is to challenge the way in which the evidence was obtained. If the evidence against the defendant was obtained through illegal means, such as an unlawful search or seizure, the defense may be able to argue that the evidence should be suppressed and not used in court.

Additionally, the defense may be able to argue that the defendant was a victim of human trafficking themselves. In some cases, defendants who have been trafficked may be eligible for specialized programs and services that can help them recover and rebuild their lives.

Overall, there are many different ways that a defendant can defend against human trafficking charges in court. By challenging the evidence against them and presenting a strong defense, the defendant may be able to avoid a conviction and secure a favorable outcome in their case.

01/08/2024

LAW CHANGE: SB 81 EXPANDS USE OF MITIGATING CIRCUMSTANCES

SB 81 is a new law that changes how enhancements are handled in criminal cases. Enhancements are additional punishments that can be added to a sentence based on specific circumstances, such as the use of a weapon or the commission of a crime while on probation.

Under the new law, when a court is considering an enhancement, they must consider evidence offered by the defendant that establishes the presence of mitigating circumstances. These circumstances include factors such as a disparate racial impact, the connection of the current offense to mental illness or prior victimization, or a prior juvenile adjudication that triggers the enhancement. If the court finds that any of these factors are present, it “weighs greatly in favor” of dismissing the enhancement, unless there is a likelihood that the defendant would cause physical injury or serious danger to others.

In addition, the new law provides specific circumstances in which enhancements must be dismissed. These circumstances include cases where multiple enhancements are alleged in a single case, where the application of an enhancement could result in a sentence of over 20 years, or where the enhancement is based on a prior conviction that is over five years old. If a firearm was used in the current offense, but it was inoperable or unloaded, the enhancement will also be dismissed.

It’s important to note that this new law is not retroactive, meaning it only applies to cases going forward and not to cases that have already been decided. If you are currently facing criminal charges and an enhancement is being considered, it’s important to talk to a lawyer who can help you understand how this new law might impact your case.

12/25/2023

HOW DO I DEFEND AGAINST CHARGES OF SHOPLIFTING?

In California, shoplifting is defined as taking goods from a store without paying for them. This can include concealing items in a bag or jacket, switching price tags, or using counterfeit coupons or other forms of payment. There are several possible ways to defend against shoplifting charges in court.

One common defense is to claim that the defendant did not intend to steal the goods. For example, if the defendant accidentally walked out of the store with an unpaid item, they may be able to argue that they did not have the intention to steal.

Another possible defense is to challenge the way in which the defendant was caught. For example, if the defendant was searched without probable cause, or if they were detained for an unreasonable amount of time, the defense may be able to argue that the evidence against the defendant was obtained illegally and should be suppressed.

Additionally, the defense may be able to argue that there was a mistake or misunderstanding. For example, if the defendant was accused of shoplifting but was actually returning an item that they had previously purchased, they may be able to argue that there was no intent to steal.

Overall, there are many different ways that a defendant can defend against shoplifting charges in court. By challenging the evidence against them and arguing that they did not have the intent to steal, the defense may be able to convince the court to dismiss the charges or reduce the penalties.

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