Good Faith Exception to the Exclusionary Rule Does Not Apply Where the Search Warrant is 84 Days Old – Penal Code Section 1538.5
Good Faith Exception to the Exclusionary Rule Does Not Apply Where the Search Warrant is 84 Days Old – Penal Code Section 1538.5
A recent California Court of Appeals decision in People v. Hirata held that a search warrant is invalid after the passing of a substantial period of time. In this case, the period of time was 84 days. The defendant (Hirata) was charged with possessing drugs and being part of a drug conspiracy ring. Investigators had built substantial evidence against Hirata and a number of other co-conspirators. Armed with this information,…
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District Attorney’s Letter Does Not Substitute for a Court Order (Penal Code Section 1305 and the Law of Bail Forfeitures)
A recent California Appeals Court decision (People v. American Surety Insurance Co.) held that bail was not forfeited when a defendant failed to appear at an arraignment. California Penal Code Section 1305 provides that a trial court shall not have jurisdiction to declare a bail forfeiture if no complaint is filed within 15 days from the arraignment. In this case, the defendant appeared at his initial arraignment, but the case…
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How a Good Private Investigator Can Help Your Attorney Win Your Case
Private investigators are essential to any criminal investigation. If accused of a crime, you cannot rely solely on the police investigation. Police are trained to gather evidence to convict; they are not trained to search for evidence of innocence. Private investigators are often former police officers who know the ins and outs of police investigation. Finding an investigator that is reliable and has significant experience is a difficult task. Some…
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High Public Defender Caseloads Could Lead to Nightmare Results if You Are Accused of a Crime
Recently, Attorney General Eric Holder spoke at the Brennan Legacy Award Dinner. At the event, which is named in honor of United States Supreme Court Justice William Brennan, Attorney General Holder addressed some issues which have scary implications for those with a pending criminal case. Due to the current economic environment, Public Defender's offices throughout the country are facing record caseloads. This issue is creating a detrimental situation in which…
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Valencia DMV Hearings and DUI Defense Lawyer
Valencia is a planned community in California that forms Santa Clarita along with three other major communities. Aside from being used for the location of many TV series, Valencia is well known for being a safe neighborhood and having a convenient network of walkways (paseos) that connect the community without crossing streets at grade. Valencia is home to approximately 32,642 residents and attracts several visitors throughout the year. As a…
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Are You Facing Second Degree Burglary Charges?
A man was recently arrested on suspicion of committing several burglary offenses. He is suspected of being the "Back Room Bandit" who is believed to have burglarized at least 19 different businesses since September in San Diego County. San Diego News 10 reported on Jones' arrest in San Ysidro. No one was hurt in any of the alleged crimes of the "Back Room Bandit" (as he has been called). This…
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All Persons Accused of Crimes in California Need to Be Advised on the Record of Immigration Consequences of Guilty Plea
Anytime a Defendant in a California pleads guilty to a misdemeanor or a felony, that defendant must be advised "on the record" that the consequences of the guilty plea could result in deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States. Unfortunately, when some defendants agree to a plea bargain, their attorneys don't adequately warn them of these potentially…
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Ontario DMV Hearings and DUI Defense Attorneys
Situated in San Bernardino County, the city of Ontario is home to approximately 171,691 residents. Interestingly, Ontario's population has increased by almost one hundred times the size it was one hundred years ago. Now, it is the location of a small international airport and the Ontario Reign (an ECHL hockey team). With its economy mainly centered on service and warehousing, Ontario also has some agriculture and manufacturing facilities. Considering the…
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Court Can Exempt Certain Subpoenaed Documents From Discovery, Leaving the Defense in a Better Position to Defend, Part 3
There may be cases in which the trial court determines it necessary to ask questions of the prosecution, in addition to questions it has posed to the defense, in camera to protect privacy rights of third parties. The court may solicit suggestions from the defense on how best to ask these questions without disclosing defense strategies. In many cases this goal may be difficult, if not impossible, to achieve. In…
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Not All Subpoenaed Documents Need to be Turned Over to the Prosecution, Part 2
As discussed in yesterday's blog, a recent court decision has held that documents the defense subpoenaed do not always need to be viewed by the prosecuting agency. Consistent with Evidence Code section 1560, subdivision (d), the trial court may open the sealed envelopes containing records produced in response to defense subpoenas without disclosing to the prosecution the identity of the third parties or the nature of the documents. If the…
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