How to Have Your Arrest Record Destroyed
How to Have Your Arrest Record Destroyed
Insight from an Experienced Criminal Defense Attorney Many people do not realize that if you are arrested, even if the charges are dropped or never filed, the arrest will remain on your record. If you go to trial and receive a not guilty verdict, or have the conviction successfully expunged, the arrest will stay on your record as well. Unfortunately, even if it is clear you did not commit any…
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The Power of Prop 36: Are you Eligible? Part Two
In a previous article, we began our discussion regarding Proposition 36, the Substance Abuse and Crime Prevention Act of 2000, which commands that qualified individuals convicted of CA nonviolent drug possession offenses be sentenced to probation and narcotics treatment as an alternative to incarceration. Continued here are some additional valid points of interest for Proposition 36. Other Ineligibility Factors Even if the defendant is convicted of a qualifying offense, if…
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Anaheim DUI and Criminal Defense Attorneys
Anaheim, California, with its 348,467 residents, is the tenth largest city in California (based on population). Located in Orange County, Anaheim is 50.5 square miles in size, and is a popular Southern California tourist destination. Anaheim is well known for Disneyland, Disney's California Adventure, and the Anaheim Convention Center. With flocks of families visiting the theme parks and numerous businesses making use of the convention center on a yearly basis,…
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The Power of Prop 36: Are you Eligible? Part One
In this article and one to follow, the Substance Abuse and Crime Prevention Act of 2000, also known as Prop 36, will be discussed. This complex and most interesting proposition requires that eligible people convicted of nonviolent drug possession offenses in California be sentenced to probation and narcotics treatment instead of incarceration. In a Nutshell Prop 36 is codified under Penal Code Section 1210. The law provides that a defendant…
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Distinguishing Between Investigative Stops and Arrests
Perspectives From a Criminal Defense Attorney In distinguishing between an investigative stop and an arrest, courts consider a variety of factors, including: (a) display of weapons by officers; (b) presence of numerous officers; (c) physical restraint or touching of the suspect; (d) blocking a suspect's exit route; (e) use of handcuffs or other restraints; (f) tone of voice and authoritative commands; and (g) length and manner of the detention. Knowing…
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Minor in Possession Requires an Experienced Criminal Defense Attorney
Are you a minor who was recently cited for drinking alcohol? If your answer is yes, you are not alone. There are many incidents that involve underage drinkers. It is illegal for anyone under the age of 21 to have any alcohol in their system. Maximum penalties can include License suspension for one year, fines, and could possibly affect school and employment. One thing is for sure, you are not…
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“Reasonable Person Free to Leave” Standard Used to Determine if an Arrest Was Made
To decide if an arrest was made, courts consider where "in view of all the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave." (United States v. Mendenhall, 466 U.S. 544, 1980). An arrest must be based upon probable cause to believe that a crime was committed and that the arrestee committed it (Beck v. Ohio, 379 U.S. 89, 1964). If you…
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Sobriety Checkpoints and Roadblocks in California
What a Criminal Defense Attorney Can Tell You The United States Supreme Court has specifically approved the use of limited sobriety checkpoints. The Court in Michigan v. Sitz, 496 U.S.444 (1990) held that sobriety checkpoints must: (1) present only a slight intrusion; (2) operate according to a plan that limits participating officers' discretion; and (3) be aimed at curbing the problem of impaired drivers. If you have questions about a…
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Santa Ana DUI and Criminal Defense Attorney
Santa Ana, California is the most populous city in Orange County, with an estimated 2007 population of 339. If current estimates hold true, Santa Ana's population will have grown to 355,662 by 2009. Santa Ana, according to the 2000 United States Census, is one of the most densely populated cities in the United States (of cities that have more than 300,000 people), with 12,471.5 people per square mile, ranking behind…
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Facebook and Myspace Disclosure of Evidence that Holds a Defendant’s Innocence
As the law offices of Wallin & Klarich work alongside attorney Robert C. Kasenow, II in defending the rights of our client accused of alleged sexual offenses, we have filed a petition for review with the California Supreme Court seeking evaluation of a lower court order. Exculpatory evidence through subpoena or any other court process has previously been denied via the federal Stored Electronic Communications Act. Through our investigation and…
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