Tuesday, June 25, 2019

People v. Toledano (Cal. Ct. App. - June 24, 2019)

Great news for Newport Beach attorney James Toledano!  His conviction for extortion was reversed by the Court of Appeal for instructional error.

Bad news, though:  The Court of Appeal simultaneously holds that there was sufficient evidence to support his conviction, so Mr. Toleano continues to face a retrial on remand.  This time with proper instructions.

Plus, at least at present, he's still ineligible to practice law.

The underlying facts bespeak substantial caution whenever you're negotiating a civil settlement in which one of the aspects of the case is that some of the parties previously had an affair and you're arguably getting "hush money" to keep it quiet.  Because maybe, depending on the facts, that counts as extortion.

And you'll find yourself 75 years old, ineligible to practice law, unable to afford an attorney, and with a court-appointed lawyer for your second criminal trial.