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Equal Protection: Possession of a destructive device ~ California Penal Code section 12312 PENAL CODE SECTION 12312 (Possession of a destructive device) VIOLATES THE EQUAL PROTECTION CLAUSE OF THE U.S. AND CALIFORNIA CONSTITUTIONS Similarly situated individuals, who are punished differently for violations of the law without a compelling state interest to justify that different punishment, […]

Cop math Dennis Roberts, via email, 9 June 2016 Ahhh, cop math.  Today I read a new story about drug trafficking; a huge marijuana raid involving several grow houses in Oakland and the Sinaloa cartel. 15 were arrested. In one paragraph the police say the marijuana was worth almost $4 million dollars. A couple of […]

INTERSTATE THREATS: THAT THREATS WERE MADE FROM OUTSIDE CALIFORNIA DOES NOT MEAN THAT THE SPEAKER LACKED THE IMMEDIACY REQUIREMENT IN CARRYING THEM OUT. In People v. Melhado, (1998) 60 Cal. App. 4th 1529, 1538 the court grappled with the issue of the immediate prospect of carrying out a threat.  It said: “[W]e understand the word […]

Two war stories from legendary civil rights and criminal defense attorney Dennis Roberts on silly prosecutions From an email sent 7 December 2010 by Dennis Roberts I was approached by the girlfriend of a guy who was being charged with counterfeiting AUSTRALIAN dollars in the US. Who gives a shit you might ask. Turns out […]

California State Bar Certified Criminal Law Specialist and Ventura County, California defense attorney Jay Leiderman is lead attorney for the “Mexican Mafia Case” – the largest ever prosecution in the history of Ventura County, California. In the case described below, “Operation Supernova” part 2, Luis Tapia got 300 years to life.  In the case pictured […]