FIREARMS AND THE LAW
FIREARMS AND THE LAW
You might know that California law prohibits convicted felons from possessing or owning firearms. California Penal Code Section 12021 makes it illegal to possess a firearm in California for any person who has previously been convicted of any Felony offense in California. That prohibition is for life. But, I'll bet you did not know that same law makes it illegal to possess a firearm for a period of ten (10)…
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The Importance of Seeing a Case Through to the End
California law is complex. Sometimes something seems so simple that you would think the answer is obvious. However, even legal issues which seem simple may have to wind their way through the entire judicial process before the seemingly simple interpretation of the law is made. By this I mean that sometimes you have to be prepared to "go all the way". Most people think that "all the way" means all…
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Probation Does Not Give You a Free Pass
As Paris Hilton recently found out the hard way, being placed on probation in lieu of jail time does not mean that you "got off scott-free." Many people assume that when they are convicted of a misdemeanor or felony and they are not sentenced to serve any jail time (or just a few days in jail) that they got off easy and can continue to do as they please. However,…
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Are you a registered sex offender?
My law firm may be able to assist you in stopping your sex registration requirement under California Penal Code section 290. There are many people in California that have been registering as a sex offender for cases that were 5-10-20-30 years ago. A substantial portion of them are absolutely no risk to anyone and yet, are still required to register as a sex offender in the city where there live.…
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I Do Not Want to Go To Jail
If you've committed a crime in California, the District Attorney or local Prosecutor have several available options designed to punish you for your actions. These options range from placing you on probation, ordering you to pay a fine, requiring you to complete classes including: anger management, alcohol or substance abuse classes, or traffic school, among others, depending on the nature of your offense. In more serious cases, the District Attorney…
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Anatomy of a Criminal Case
Have you been arrested or issued a citation after an encounter with a Police Officer? Are you uncertain as to what you should do next? Are you completely unfamiliar with how a criminal case proceeds? There are plenty of things you should do, but one thing you absolutely should NOT do is wait! You need to act fast. First, contact a criminal defense attorney in the area. Getting an attorney…
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When can officers STOP AND FRISK?
Police officers are entitled to stop and detain an individual for investigation, when the police officer has REASONABLE SUSPICION to believe that criminal activity may be afoot and the individual may be connected to such activity. To justify a STOP AND FRISK the officers do NOT need PROBABLE CAUSE. These "STOPS" should be relatively short, noninvasive, and place-specific. There are several exceptions to the normal framework of REASONABLE SUSPICION. These…
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When Should The Police Read Me My Miranda Rights?
The police must advise suspects of their "Miranda Rights" - their right to remain silent, their right to an attorney, and the right to an appointed attorney if they are unable to afford counsel - prior to conducting a custodial interrogation. If a suspect is not in police custody (i.e., "under arrest"), the police do not have to warn him of his rights. The police are very aware of when…
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WHERE YOU DO THE CRIME WILL LIKELY DETERMINE IF YOU DO THE JAIL TIME!!!
We are a nation of laws. You would think that if you are convicted of doing the identical crime anywhere in California, you would serve the same amount of jail time. Unfortunately that is not the case when it comes to crimes committed in Los Angeles County in most cases. In most counties, such as Orange, Ventura, Riverside, San Bernardino and San Diego Counties if you are sentenced to one…
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EXERCISE YOUR RIGHT TO REMAIN SILENT
Ever heard of the saying "if you don't have anything nice to say, don't say anything at all."? Well, in the realm of being questioned by a police officer, the saying goes like this: "shut up, shut up, shut up." If you ever find yourself in that not so desired position of being a "suspect" or an "interested party" in any type of criminal activity, exercise your right to remain…
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