Take Action Against Injustice

2. File a State Bar Complaint Against DA Wagstaffe

DA Wagstaffe made demonstrably false statements to media about the Jacobs case, including claiming the property owner's mother was dead (she is alive and testified at the preliminary hearing). Under California Rules of Professional Conduct Rule 3.6, prosecutors cannot make extrajudicial statements with a substantial likelihood of materially prejudicing proceedings.

How to file:

1. Go to calbar.ca.gov/Public/Complaints-Claims
2. Select "File a Complaint"
3. Name the attorney: Stephen M. Wagstaffe, Bar #78470
4. Describe the false media statements (mother dead, "family asleep for 45 years," rhetorical question about guns while prosecuting the witness for 11 illegal guns)
5. Cite Rule 3.6 (Trial Publicity) and Rule 3.8 (Prosecutor's Special Responsibilities)

3. Contact Property Rights Organizations

These organizations defend property owners from government overreach. James's case is exactly what they fight for:

• Pacific Legal Foundation — Takes cases for FREE. pacificlegal.org
• Institute for Justice — Private property rights litigation. ij.org
• California Apartment Association — Statewide landlord voice. caanet.org

4. Contact Your Representatives

California's Legislature is already considering bills to address the squatter enforcement gap (SB 448). Let your representatives know that property owners need protection, not prosecution.

• Find your CA State Senator: findyourrep.legislature.ca.gov
• Support SB 448 — the "Trespassing Response and Remedies Act" creating streamlined squatter removal
• Support prosecutorial accountability legislation

5. Share This Story

The media has only heard the DA's version. Every share helps counter the false narrative.

6. Submit a Case

Are you or someone you know facing prosecutorial injustice? We investigate cases involving overcharging, false statements, property rights violations, and abuse of power.

Email your case details to: cajusticewatch [at] gmail [dot] com

Include: case number, county, charges, what happened, and any evidence of prosecutorial misconduct.

7. File a Complaint Against a Judge

If a judge has acted with bias, denied your rights, or engaged in misconduct, you can file a complaint with the California Commission on Judicial Performance (CJP). The CJP is the only body that can discipline California state judges.

How to file:

1. Visit cjp.ca.gov/online-complaint-form/
2. Provide the judge's full name and the court where they sit
3. Describe exactly what the judge did and said — focus on specific facts, not conclusions
4. Attach any supporting documents (up to 10 attachments, 10 MB each)
5. You can also mail complaints to: Commission on Judicial Performance, 455 Golden Gate Avenue, Suite 14400, San Francisco, CA 94102

Every complaint is acknowledged by letter. The CJP investigates and notifies you of the final decision. In 2024, the CJP removed 1 judge, censured 2, and publicly admonished 6.

8. File a Marsden Motion (Replace Your Public Defender)

If your public defender is failing you — not filing motions, not communicating, pressuring you to plea without investigating — you have the right to request a new attorney through a Marsden motion.

Step-by-step:

1. At your next court appearance, state plainly: "Your Honor, I am making a Marsden motion"
2. The courtroom will be cleared — only the judge, court reporter, you, and your attorney remain
3. Explain specific failures: missed meetings, unanswered calls, failure to investigate witnesses, pressure to accept a plea without reviewing discovery
4. Bring notes and documents to support your claims
5. If granted, the judge appoints a new attorney. If denied, you can raise it again if new issues arise.

A Marsden motion can be filed at any stage — pre-trial, during trial, or at sentencing. It is the only way to replace a court-appointed attorney in California. Learn more: FAQ page

9. Contact Criminal Justice Reform Organizations

These organizations fight systemic injustice in California's courts:

• ACLU of California — Sues counties for Sixth Amendment violations. Has won landmark public defense reform in Fresno and Kern counties. aclunc.org
• California Innocence Project — Investigates wrongful convictions and secures exonerations. californiainnocenceproject.org
• Northern California Innocence Project — Based at Santa Clara University School of Law. ncip.org
• Ella Baker Center for Human Rights — Criminal justice reform advocacy in California. ellabakercenter.org
• Sixth Amendment Center — Evaluates public defense systems nationwide. Has published reports on Santa Cruz, Lake County, and other CA counties. 6ac.org
• Re:store Justice — Criminal justice reform and victim services. restorejustice.org

10. Check If You Are Being Overcharged

Our free interactive tool helps defendants identify common overcharging patterns: charge stacking, wobbler inflation, enhancement abuse, and the trial penalty. Answer 10 questions about your case and get a personalized risk assessment with red flags to discuss with your attorney.

95% of criminal cases end in plea deals. Is the DA stacking charges to force yours?

11. Request Public Records (CPRA Generator)

The California Public Records Act gives you the right to request any public record from any government agency. Our free tool generates a properly formatted, legally cited CPRA request letter in minutes -- just fill out the form.

Request prosecution data, officer complaint records, Brady lists, budget documents, settlement payments, emails, and more from any of California's 58 counties.

12. Template: State Bar Complaint Letter

Use this template to file a complaint against any California attorney (prosecutor or defense) who has violated their ethical obligations:

File online at calbar.ca.gov. You can also mail to the address above or fax to (213) 765-1168.

13. Template: CJP Judicial Misconduct Complaint

Use this template to file a complaint against a California judge:

File online at cjp.ca.gov. You can also fax complaints under 10 pages to (415) 557-1266.