Appealing a Felony Conviction in California
Appealing a Felony Conviction in California
Felony Conviction Reversed when Prosecutors Fail to Turn Over Evidence to Defense: Why You Need an Experienced Criminal Appeals Lawyer to Win Your Case The Federal Court of Appeals has reversed the conviction of a defendant who had been found guilty of being a felon in possession of a firearm due to prosecutorial misconduct. The defendant had been sentenced to prison and now will be given a new trial where…
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Protect Yourself Against Unreasonable Searches and Seizures
Prosecution Has the Burden to Prove the Consent Given to Search Was Free, Voluntary and Unequivocal – What a Criminal Defense Attorney Can Do for You The People have the burden of proof upon them to demonstrate affirmatively by a preponderance of the evidence that the consent to a search was free, voluntary and unequivocal. People v. James (1977) 19 Cal.3d 99, 137 . 447. Consent can be given to…
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California Probation Issues: Modification and Termination
The Court Has Authority to Modify Probation at Any Time During the Probationary Term –Success Requires the Knowledge and Skill of an Experienced Criminal Defense Attorney Penal Code section 1203.3 provides in pertinent part as follows: (a) "The court shall have authority at anytime during the term of probation to revoke, modify, or change its order of suspension of imposition or execution of sentence. The court may at any time…
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Have Your Fourth Amendment Rights Been Violated?
Will You Know When Your Fourth Amendment Rights Have Been Violated by the Police? – You Need to Have a Business Card for a Wallin & Klarich Criminal Defense Attorney on You at All Times! Limited intrusions into personal privacy must comport with state and federal constitutional prohibitions against unreasonable searches and seizures. People v. Bower (1979) 24 Cal.3d 638, 156 . 856. A detention may be deemed unlawful and…
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Santa Ana Theft and Burglary Defense Attorneys
Santa Ana, California is the most populous city in Orange County, with an estimated population of 339,555 as of 2007. 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,…
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New California Court Of Appeal Decision Highlights the Need to Hire an Aggressive Criminal Defense Attorney
The California Court of Appeal recently held that incriminating statements made by a defendant, after taking a fake polygraph test, and seeing fake test results, may properly be admitted into evidence. In the present case, a defendant was questioned by police about his involvement in a shooting violent crime which lead to the death of the victim. During questioning, the defendant repeatedly stated his innocence and at numerous times asked…
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Can a Judge Be Removed from Your Case?
Getting Your Judge Removed From Case Just Got a Little Easier-Why You Need a Highly Skilled Criminal Defense Attorney Who Knows the Law on Your Side The United States Supreme Court in a 5 to 4 decision ruled recently that you can make a motion to have your judge removed from the case in certain circumstances. In the decision, the court stated that if you determine that your judge has…
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Long Beach Theft and Burglary Defense Attorneys
Long Beach, California is situated about 20 miles south of downtown Los Angeles. The second largest city in Los Angeles County, Long Beach boasts an estimated population of about 493,000 throughout its 65.9 square miles. Long Beach is home to the Port of Long Beach, one of the world's largest shipping ports. Aside from shipping, the city's economy is stimulated through the manufacturing of goods, such as aircraft (Boeing) and…
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Reducing Your Felony Conviction to a Misdemeanor
An Experienced Criminal Defense Attorney May Be Able to Obtain a Reduction of Your Felony Conviction to a Misdemeanor A court may hear a petition to reduce certain felony offenses in California to a misdemeanor at any time following the suspension of judgment and granting of probation. In J.M. Meyer v. Superior Court (1966) 247 Cal. App.2d 133, 140, the court noted: "the word 'thereafter' in Penal Code Section 17…
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Miranda Rights and Initiating Further Communication with the Police
The United States Supreme Court has made it clear that an accused person who invokes his right to have counsel present during custodial interrogation may not be subjected to further interrogation by authorities without the presence of counsel, unless the accused initiates further communication with the police. Edwards v. Arizona (1981) 451 U.S. 477; Minnick v. Mississippi (1990) 498 U.S. 146. However, the right to counsel attaches only with respect…
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