The Job of an Orange County DUI Attorney Gets More Difficult
The Job of an Orange County DUI Attorney Gets More Difficult
Driving under the influence (DUI) is a crime that most of us associate with alcohol. As anyone who has ever had experience with alcohol knows, the symptoms of alcohol intoxication are easy to spot: problems with balance and coordination, slurred speech, and bloodshot and watery eyes. The familiarity that we have with these symptoms makes DUI cases involving alcohol easy for any prosecutor to explain to a jury. This is…
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How a Violent Crime Conviction Could Affect You for the Rest of Your Life
The term “violent crime” is thrown around a lot, but few people understand that it does not simply refer to any crime that involves violence. A violent crime in California refers to crimes defined under Penal Code 667.5(c).1 Some of the more common violent crimes include murder, voluntary manslaughter, and rape. But you may be surprised to hear that robbery, carjacking, and extortion are also considered violent offenses. A violent…
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California’s SCRAM Program May Help You Stay Out of Jail
After a long day at work you decide to head to your local bar to relax with a few drinks. A couple of cocktails later and you start to think about heading home. On the way, though, your stomach drops as you see red and blue lights start to flicker in your rearview mirror. This is likely a scary time for you. A DUI conviction could lead to jail time…
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Can Law Enforcement Draw Your Blood without Your Consent?
Recently, former NBA star Lamar Odom was hospitalized after being found unresponsive at a brothel in Nevada. Authorities obtained a search warrant to test Odom's blood for drugs. The results of those tests have not yet been released, but the situation raises questions on your ability to consent to a blood test.1 When Police Can Draw Your Blood Law enforcement is allowed to draw your blood without your consent. This…
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California Gets Tough on Prosecutorial Misconduct
If you are a regular reader of this blog you are undoubtedly familiar with the jailhouse snitch scandal that has rocked the Orange County District Attorney’s office. A Superior Court judge removed the D.A.’s office from the case of convicted serial killer Scott Dekraai due to allegations of violating his constitutional rights by illegally obtaining evidence from jailhouse informants, and failing to produce evidence after repeated requests from his lawyer.…
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Do Police Need a Warrant to Search Your Internet History in California?
Under current law, law enforcement cannot simply search your or your property in most cases. In order to conduct a valid search, police must seek a search warrant. However, a warrant can only be issued if there is probable cause to search you or your property. Unfortunately, this same protection does not extend to electronic communication information or electronic device information. In other words, your mailbox is protected more than…
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Should Flying a Drone Be a Crime?
A potential law regarding the use of drones in California was vetoed by Governor Jerry Brown, but the debate over drone laws continues. If passed into law, SB 142 would have banned anyone from flying drones over private property without permission.1 Governor Brown said the law would have unnecessarily exposed drone users to the legal system. Although this bill failed to pass, government officials are still expected to explore criminal…
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Facebook Doesn’t Have to Turn Over Your Information to Courts
A California Appeals Court recently ruled that a criminal defendant’s right to social media information is outweighed by and protected under Federal Privacy laws.1 Two defendants facing murder charges subpoenaed account information from Facebook, Twitter and Instagram in an effort to help their defense. The defendants claimed that social media postings from the alleged victims and a prosecution witness would show bias and a motive to lie about their involvement…
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Should Possession of Date Rape Drugs Be a Felony?
SB 333 is a proposed law being sent to Governor Brown that seeks to increase the current penalties against those possessing common date rape drugs. The bill’s supporters say that an unintended consequence of Proposition 47 was that it reduced the penalty for those who carried date rape drugs with the intent to commit sexual assault. If passed, the bill would make it a felony to posses date rape drugs…
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How Police Misconduct Could Lead to False Confessions
When you are placed under arrest, you have certain rights. One of the most important rights you have is the right to remain silent. However, police will sometimes try to take advantage of you so that you fail to exercise this right. But what happens if you did not know you had the right to remain silent? Can what you say be used against you even if police failed to…
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