Five Accused in Newport Beach Robbery – California Penal Code Section 211
Five Accused in Newport Beach Robbery – California Penal Code Section 211
According to the Orange County Register, five men have been accused with robbing a former mortgage lender at his Newport Coast mansion on December 8, 2009. One was arraigned on December 11, 2009. Two posted bail and were arraigned on January 26, 2010, and warrants have been issued for the other two suspects. Each suspect has been charged with one felony count of conspiracy to commit robbery, two felony counts…
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Miranda Rights – How Do They Work?
There are several instances where an individual may be thinking, "They didn't read me my rights: my case should get thrown out, right?" One of the most misunderstood concepts in Southern California criminal law revolves around the "Miranda Rights." Most people have heard them all before: You have the right to remain silent. Anything you say can be used against you. You have the right to an attorney present during…
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U.S. Justice Department Issues Memorandum Regarding State Marijuana Laws
On October 19th, the United States Department of Justice issued a memorandum to the United States Attorneys in California detailing a shift in the Department's policy regarding the investigation and prosecution of federal drug offenses in California. Although the memo is favorable to California's marijuana laws, in no way does it permit the cultivation, possession, use or distribution of marijuana. The federal Controlled Substances Act continues to make those types…
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Identity Theft – California Penal Code Section 530.5
Identity theft in California consists of stealing an individual's personal identifying information and using it for an unlawful purpose such as obtaining a financial gain or making a tangible purchase. Examples of personal information that can be stolen include Social Security numbers, credit card numbers, bank account numbers, and using someone else's good credit to purchase a vehicle or other property. California Penal Code Section 530.5(a) is the unauthorized use…
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Long Beach Assault and Battery Criminal Defense Lawyers
The Southern California city of Long Beach spans an estimated 20 miles along the Pacific Coast of the Los Angeles row and welcomes an approximate population of 492,692. As the second biggest city in the LA metro area, Long Beach is one of the world's largest shipping ports and is frequently considered for its transport services in catering to passengers traveling to and from the city's surrounding counties. The aerospace…
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Federal Judge in the Broadcom Case Cites Prosecutorial Misconduct as One of the Grounds for Dismissing Criminal Charges
Many in the legal community was stunned on Tuesday, December 15, 2009, when a U.S. District Judge Cormac J. Carney acquitted former Broadcom chief financial officer William J. Ruehle, and dismissed charges of fraud and backdating stock options against former Broadcom CEO Henry T. Nicholas. In citing grounds for dismissal, the judge listed prosecutorial misconduct and lack of evidence as two primary reasons for his decision. This case is noteworthy…
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Grand Opening of New Riverside District Attorney Building Highlights the DA’s Political Power
In December of 2009, the Riverside County District Attorney's office will be celebrating as it opens the most expensive building ever constructed in the Inland Empire. The approximate $128 million price-tag demonstrates that the DA in Riverside County has tremendous political power. At a time when courts are closing for furlough days, the third Wednesday of every month, in an effort to save precious dollars, the beautiful new building featuring…
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San Diego Assault and Battery Criminal Defense Lawyers
The city of San Diego is situated along the Pacific Ocean in the Southwest part of California. Known for its record size naval fleet, the 372.1 square mile city attracts tourist and business class alike, nationally ranking San Diego as the eighth biggest city in population. Recreational parks Sea World and the San Diego Zoo help support economic growth alongside manufacturing company Qualcomm Incorporated. With so many residents and potential…
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Broadcom Case Dismissed: William J. Ruehle and Henry T. Nicholas Exonerated
Some members of the local legal community were surprised on Tuesday, December 15, 2009, when a U.S. District Judge Cormac J. Carney acquitted former Broadcom chief financial officer William J. Ruehle, and dismissed charges of fraud and backdating stock options against former Broadcom CEO Henry T. Nicholas. However, the judge did more than just dismiss the case with prejudice on the ground of prosecutorial misconduct, which is likely to preclude…
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California’s DNA Testing Procedures Questioned by the U.S. Supreme Court – Protect Your Sixth Amendment Rights
In 2007, the California Supreme Court held that a DNA expert could testify about evidence from a test he or she did not perform. (People v. Geier (2007) 41 Cal.4th 555). This state has followed a long established practice where supervisors testify about lab tests, instead of technicians who actually tested forensic evidence. However, the validity of the California decision has been questioned by the 2008 United States Supreme Court's…
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