Lara Gressley practices criminal defense, writs, and appeals in California. She also handles criminal writs and appeals in the United States District Court, in the United States Court of Appeals for the Ninth Circuit, and in the United States Supreme Court.
The purpose of this website is to provide information with respect to various issues regarding constitutional law, criminal litigation, writs, and appeals. If you need assistance with a criminal writ or appeal, you can contact Lara through the link below.
Speedy Trial Rights Before and After Covid
The pandemic has resulted in new case law with respect to statutory speedy trial rights.
Scientific Evidence in a Marijuana DUI Case
There are viable challenges to expert testimony offered by the prosecution in a marijuana DUI case.
The Exigent Circumstances Doctrine
Only a true emergency will justify warrantless police conduct under this doctrine.
Federal Habeas Relief - The final battle for freedom
Why does justice seem to be so elusive for the innocent convicted?
Are Miranda warnings required in DUI investigations?
Miranda warnings are required before custodial interrogation.
Is Watson Murder really Murder?
The prosecution must show that the natural and probable consequences of DUI are dangerous to human life.
AB 1950’s probationary term limitations apply retroactively to cases not yet final
AB 1950’s amendments to Penal Code sections 1203a and 1203.1 also apply to cases still on appeal.
Challenging a search warrant
A search conducted by a warrant can be challenged under the Fourth Amendment.
Covid-19 and speedy preliminary hearing rights
The Court of Appeal found the trial court abused its discretion in continuing a preliminary hearing due to the pandemic over the defendant’s objection.
Surrogate witness drug testimony violated the Sixth Amendment
The testimony of a laboratory supervisor who had no involvement with the drug analysis, and the admission of the non-testifying analyst’s report, violated the Confrontation Clause.
Undisclosed evidence leads to reversal of triple murder
The trial court allowed the prosecution to present expert testimony that was never disclosed to the defense. Finding that the court should have granted the motion for a mistrial, the Court of Appeal reversed the Watson murder convictions.
Cal Supreme Court on DA Witness Vouching
The prosecution may not argue evidence not available to the jury to bolster an officer’s credibility.
The SCOTUS decision in Kansas v. Glover
Stops based solely on the registered owner’s license status are lawful under the Fourth Amendment.