Posts by Caroff Writer

When someone is charged with a crime, the main charge is only part of the picture. In many California criminal cases, prosecutors also file sentencing enhancements. These are additional allegations that, if proven, can add years to the sentence for the underlying offense. That means a case which appears simple at first can become far…

In criminal cases, there is no meaningful “off the record” conversation with police. Whether you’re sitting in an interview room, speaking on the phone, answering questions on your front porch, or casually chatting after an incident, what you say can become evidence. Many people believe they can explain their side, clear up confusion, or prove…

After an arrest, one of the most urgent questions is whether the person accused will be released or kept in custody while a case is pending. In many cases, that decision happens at a bail hearing, where a judge reviews the facts and decides what level of release, bail, or supervision is appropriate. A bail…

Facing criminal charges can feel overwhelming, especially when you’re unsure what will happen before trial. The good news is many cases don’t simply move straight from arrest to trial without opportunities for review, challenge, and negotiation. A charge reduction may be possible during the pretrial stage when the facts, evidence, legal issues, or personal circumstances…

In criminal defense, few tools are as powerful as a motion to suppress. This legal motion is built on the exclusion principle, or exclusionary rule, which prohibits illegally obtained evidence from being used at trial. Attorneys typically file a motion to suppress when an illegal search or seizure violates a client’s Fourth Amendment rights. This…

Police reports are official legal documents, but they are not infallible evidentiary records. In reality, these reports are written by law enforcement: under pressure at work, based on limited information, and with preconceived narratives in some instances.  The reality is police report errors can and do occur. Officers must quickly interpret events, and those interpretations…

In California domestic violence cases, many people assume a case will automatically disappear if the alleged victim refuses to cooperate or does not show in court. Unfortunately, that is rarely how the legal system works. Even when there is an uncooperative victim, the case can still move forward because the decision ultimately rests with the…

In the U.S. criminal justice system, the burden of proof rests squarely on the prosecution.  To move a case forward and ultimately obtain a conviction, the government must present credible, admissible evidence that proves every element of the alleged offense beyond a reasonable doubt. When this standard isn’t met due to insufficient evidence, the prosecution’s…

In California criminal law, a wobbler offense is a crime that can be charged as either a misdemeanor or a felony. As the name suggests, it refers to crimes that “wobble” between the two levels of severity. In most cases, the decision rests on charging discretion, meaning prosecutors evaluate circumstances such as prior criminal history,…