Unlawful for Officer to Arrest without Probable Cause to Detain a Driver
Unlawful for Officer to Arrest without Probable Cause to Detain a Driver
What an Experienced Criminal Defense Attorney Can Do for You An officer must see an objective violation of the law, or have reasonable suspicion that a crime is about to occur or has occurred, before an officer may detain an individual. Whren v. United States, 517 U.S. 806, 116 S. Ct. 1769, 135 L. Ed. 2d 89 (1996). In Whren, the United States' Supreme Court held that a police officer's…
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Federal Court of Appeals Reverses Child Molest Conviction
Criminal Defense Attorney Precluded from Asking Alleged Victim about Prior Statements about Sexual Matters On June 16, 2009 the 9th Circuit Federal Court of Appeals issued a critical ruling that anyone who is facing child molestation charges must be familiar with if they are going to be able to properly defend themselves from these serious charges. The court in Holley vs. Yarborough ruled that the accused's criminal defense attorney should…
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Stages of the Criminal Process: Arraignment
When a person is charged with a crime, the first formal legal process is the arraignment. The arraignment is a hearing before a judge where several important things occur. If a person is in custody, the arraignment must occur within two to three days. Otherwise, arraignment is usually set for a date several weeks in the future. There are several purposes of an arraignment. First, the defendant is formally read…
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Domestic Violence and Victim Restitution
Why You Need to Protect Yourself Even After Disposition by Hiring an Experienced Domestic Violence Attorney If you are facing California criminal charges of domestic violence, it is important to know that there is more to your case than simply the sentence imposed by the court. After a finding of guilty or no contest, the court may then impose additional restitution in an effort to compensate the victim for his…
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What it Means to “Expunge” a Criminal Record
If you have been convicted of a crime, the stigma associated with the conviction is something that can haunt you for the rest of your life. Having to check "yes" on a job application when asked if you have ever been convicted of a crime is often enough to cost you the job, especially in these tough economic times. However, if you were convicted of a misdemeanor and have stayed…
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Glendale Theft and Burglary Defense Attorneys
Glendale, California is part of Los Angles County and located at the eastern end of the San Fernando Valley. Glendale has a population of 207,303 as of January 1, 2009, and is the third largest city in Los Angeles County. The city spans 30.7 square miles and it is estimated that Glendale has a population density of 6,770.6 people per square mile. As with any major city, Glendale has its…
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Know Your Rights: Even Minors Are Protected From the Tyranny of Illegal Searches
The California Court of Appeal recently decided In re H.H. (2009 DJDAR 7935), a case involving a minor who was illegally searched after being pulled over for riding a bicycle without proper lighting equipment. When the minor was pulled over he was asked to "step from the bicycle" at which time he took off the backpack he was wearing and said "I am not on probation" and refused to give…
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California Sentencing Laws for Multiple Convictions Can Be Complicated
Why You Need the Assistance of a Criminal Defense Law Firm Often, a defendant is charged with multiple crimes stemming out of the same incident. For example, a person involved in a bar fight may be charged with both disturbing the peace and assault in California. While both charges are based on the same course of conduct, it is still possible to be found guilty of violating both laws. In…
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Chula Vista Theft and Burglary Defense Attorneys
Chula Vista, California is located in southern San Diego County. The city is the second largest in San Diego County according to population, and the 14th largest statewide in California (also in terms of population numbers). Chula Vista is 51.2 square miles in size, and houses a population of about 217,478 residents. Since the year 2000, Chula Vista's population has grown by over 20%. Chula Vista's economy is very much…
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United States Supreme Court Rules that Police May Not Automatically Search the Car of Anyone They Pull Over for a Traffic Infraction
Recently in Arizona v. Gant, United States Supreme Court ruled that it was not proper for officers to have the authority to automatically search the car of a person who is stopped over a traffic infraction. The court held that in order to justify a search, the police must either reasonably fear that the arrestee might have access to a weapon in the car or have a reasonable prospect of…
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