Crowley Law Group, APC

04/19/2019

Michael Crowley, a private defense lawyer and a member of the Criminal Defense Bar Association, said prosecutors are trying to circumvent lawmakers in the context of plea agreements.

“Basically what they are trying to do on a case by case basis is tell the Legislature, you don’t know what you are doing, and we know better,” he said.

In plea deals San Diego prosecutors requiring defendants to promise not to seek lower sentences in future if laws change.

03/15/2019

"In a ruling this week, the U.S. Court of Appeals for the 6th Circuit agreed. 'Fits of rudeness or lack of gratitude may violate the Golden Rule,' wrote Judge Jeffrey Sutton for the 3-0 panel. 'But that doesn't make them illegal or for that matter punishable.'"

A Michigan woman was engaging in constitutionally protected free speech when she made a crude hand gesture, a federal court ruled.

03/08/2019

"Nearly 8 million Californians have criminal convictions on their records and remain hamstrung by poor decisions of their past.

Seventy-six percent of residents with even low-level criminal records have more trouble finding housing, getting employment and access to education, according to a recent report by Oakland-based criminal-justice reform nonprofit Californians for Safety and Justice, which is co-sponsoring AB1076. The limitations make people more likely to re-offend and get pulled back into the criminal justice system, the report found."

San Francisco District Attorney George Gascón and Assemblyman Phil Ting on Thursday announced AB1076, a first-of-its-kind initiative that would automatically clear eligible convictions for local jail sentences and wipe out arrest records that did not result in a conviction

03/06/2019

Today, March 6, 2019, National Association of Criminal Defense Lawyers President, Drew Findling, issued the following statement concerning the controversy at Harvard:

"NACDL notes with chagrin the tenor of the student protests against Professor Ronald S. Sullivan Jr. related to his representation of Harvey Weinstein. There are few constitutionally-ordained roles in our democracy. One such role is that of the criminal defense lawyer. Indeed, the Sixth Amendment specifically provides that 'In all criminal prosecutions, the accused shall enjoy the right . . . to have the Assistance of Counsel[.]' There are no exceptions, ever, and no lawyer should ever be criticized or condemned for taking on any criminal case. Ever. This is a fundamental tenet of this nation. To the extent that there may or may not be other issues on the Harvard campus that bear on Professor Sullivan's role at Harvard, those issues should be addressed by the Harvard community without compromising or denigrating the right to counsel."

05/16/2018

Crowley Law Group now has an in-house floral designer!

02/27/2018

Cal Supremes send these two teenagers' cases back to San Diego Superior Court for resentencing, holding that 50+ year sentences for juveniles are functionally equivalent to life sentences, violating the Eighth Amendment which prohibits cruel and unusual punishment. Justice Goodwin Liu wrote for the majority.

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02/02/2018

"[DA Summer] Stephan said prosecutors might be willing to recalculate DNA evidence in the affected cases, or retest it, and may consider an “appropriate remedy” if they no longer believe in the integrity of the conviction. That is a lot of wiggle room, [Michael] Crowley said.

“I applaud them for taking the initiative,” he said.”The rubber will meet the road when they get a case back that is indisputable. How will they react?”

When the San Diego District Attorney’s office last week began quietly notifying lawyers for 254 convicted defendants that changes in how some DNA evidence was interpreted could affect their case, it wasn’t the first time that a prosecutor’s office had re-examined closed cases.

01/09/2018

Crowley Law Group attorney Michael Crowley is sorry to see Judge Danielsen go. "He was a great judge."

As 2017 drew to a close, so too did the distinguished career of David J. Danielsen, a longtime San Diego Superior Court judge widely admired for his handling of criminal cases and his leadership in some of the court’s most challenging times. He retired Friday.

01/09/2018

Crowley Law Group attorney Michael Crowley says “We've gone way overboard in warehousing people.“The pendulum is swinging back.” Crowley said the parole board is not known for handing out early releases easily.

“Proposition 57 allows the parole board to take a look at whether that's appropriate,” Crowley said. “It’s left to the professionals to determine," adding that prison officials know whether an inmate has worked toward rehabilitation or not, and whether they deserve to serve out extra sentencing enhancements for prior convictions, use of a weapon or criminal gang activity.

“If a person is a model prisoner, it gives the board more power to say, ‘No, these enhancements are not needed,’” said Crowley.

“Most people in prison are not career criminals,” Crowley says. “I don't see Proposition 57 allowing violent people back on the streets to victimize the community.

“It brings rationality to the system.”

How is Proposition 57 working, with granting early release to non-violent offenders serving time in state prison.

09/28/2017

Attorney Michael L. Crowley's take on police response to citizens' requests to view body worn camera footage after filing a complaint: “I’m concerned about individual sergeants [trying] to dissuade someone from filing the complaint. They are in an intimidating situation as it is. They don’t know the law on it. It just has the potential for coercion. … People don’t know what their rights are and don’t know if they’re being bamboozled.”

Even after a trial is complete, it’s nearly impossible for members of the public to access body camera footage.

08/09/2017

"Michael Crowley, a criminal defense lawyer and member of the San Diego County Bar’s Ethics Committee, has been watching the McElfresh trial from afar. What troubles him about the case is the lack of clarity around cannabis law.

“'It’s one thing to pass legislation, it’s another to implement it. That’s where attorneys come in. They need to give opinions on what the law says without fear of being prospected by a DA who thinks they know the law. An attorney needs to feel that they can freely give advice on areas that are murky in the law. Because everybody’s just trying to figure it out,' Crowley said."

Lawyers in San Diego and beyond worry the prosecution of a lawyer who represents a ma*****na business could force a central tenet of practicing law – attorney-client privilege – to go up in smoke.