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It might seem obvious, but to knowingly bring a controlled substance into jail as a visitor or inmate is a felony under Penal Code Section 4573. However, this very issue was brought before the California Supreme Court in two decisions last summer.
The facts are essentially the same....each defendant was carrying a small amount of methamphetamine on their person. Each was arrested and patted down by officers,...
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It is fairly well settled that character evidence to prove a defendant has a "propensity" to commit certain crimes is inadmissable. For example, let's say I am charged with shoplifting a shirt from a department store. Three years ago, I was convicted of shoplifting a pair of pants from a department store. At trial for the new offense, the prosecutor cannot bring up my prior shoplift conviction to argue to the... Read More
