Ontario Criminal Defense and DUI Attorneys
Ontario Criminal Defense and DUI Attorneys
Ontario is a flourishing city in San Bernardino County, California. Ontario's population, which was estimated to be 171,691 in 2000, has increased to nearly one hundred times the size it was one hundred years ago. Today, it hosts a small international airport and an ECHL hockey team, the Ontario Reign. Its economy today is primarily focused on service and warehousing but some agriculture and manufacturing facilities remain. Ontario is a…
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OC Mom Admits Running High End Prostitution Ring
An Experienced Criminal Defense Attorney Can Effectively Guide a Person through the Severe Charges They Face and Provide a Persuasive Defense A news report has detailed the story of an Orange County mom who ran a high end prostitution ring. The mother of two pleaded guilty to money laundering and transporting a person from Orange County to New York City for purposes of prostitution. The guilty plea followed a previous…
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Chris Brown Setenced For Rhianna Assault – Avoids Jail Time
CHRIS BROWN AVOIDS JAIL TIME DUE TO HIS WISE DECISION TO HIRE AN EXPERIENCED CRIMINAL DEFENSE LAWYER WHO KNEW ABOUT ALTERNATIVES TO JAIL TIME Singer and R&B star Chris Brown was sentenced yesterday for his February assault on his former girlfriend, pop star Rihanna. Los Angeles Superior Court Judge Patricia Schnegg sentenced Brown to 5 years probation and 6 months of community labor. In addition to the probation and community…
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What Standard is Used to Determine Whether an Officer Had Probably Cause to Arrest?
Probable cause to arrest exists when the facts known to the officer and the inferences that can be fairly drawn therefrom would cause a reasonable and prudent person to believe that the suspect has committed a crime. Beck v. Ohio, 379 U.S. 89 (1964). In essence, probable cause is a reasonable belief that a suspect is about to commit, is committing, or imminently will commit a crime. Probable cause is…
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California Supreme Court Limits Options Available to Immigrants Trying to Avoid Deportation Part II
A previous article began the discussion of how the California Supreme Court decided in March 2009 that immigrants facing deportation are no longer provided with the option of two common post conviction challenges. These include the legal procedures of a writ of habeas corpus and a write of error coram nobis, which provide post conviction relief if immigration consequences have been altered. Withdrawal of Plea In most states, immigrants have…
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Irvine Criminal Defense and DUI Attorneys
Located in Orange County, Irvine has an estimated population of 207,500. Irvine is home to many Universities and is located closely to popular beach sites such as Laguna and Newport. In 2008, Irvine was chosen by as the fourth best place to live in the entire United States due to its good housing, jobs, and schools. It was reported by the FBI in June 2009 that Irvine had the lowest…
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California Supreme Court Limits Options Available to Immigrants Trying to Avoid Deportation Part I
The California Supreme Court ruled in March 2009 that immigrants who are facing deportation may no longer rely on two common post-conviction challenges: the legal procedures of a writ of habeas corpus or a writ of error coram nobis that provide post conviction relief if immigration consequences have been altered. The courts ruled in two separate cases, People v. Kim and People v. Villa, that these options would no longer…
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Can an Officer Just Stop You for Any Reason?
Comments from a Traffic Ticket and Criminal Defense Attorney Officers may stop and detain a vehicle upon reasonable suspicion of any traffic offense, no matter how minor the offense. The scope of the initial traffic detention will depend on the reason for the initial stop, as well as the facts developed during the stop. A court will always look first at the reason for the stop. The traffic detention must…
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No Legal Obligation for a DUI Arresting Officer to Advise a Suspect of their Miranda Rights
Comments From a California Criminal Defense Attorney The Courts have held that the questions asked by a police offer during a California DUI stop are asked before the person is in custody for purposes of Miranda. Meaning, in most instances, there is no legal obligation for an arresting officer to advise a suspect of their Miranda rights. Even when there is a Miranda violation, it will merely result in the…
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No Reasonable Suspicion is Required Prior to Asking for Voluntary Consent to Search a Vehicle at a Traffic Detention
Most courts rule that no reasonable suspicion is required prior to asking for voluntary consent to search a vehicle at a traffic detention. (United States v. Burton, 334 F.3d 514, 2003). However, the prosecution carries a heavy burden to show that the consent was truly voluntary (United States v. Flores, 48 F.3d 467, 1995). When law enforcement stops a vehicle, mere questioning of the driver does not create a…
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