Was My DUI Stop Unconstitutional?
Was My DUI Stop Unconstitutional?
When determining whether an officer lawfully stopped your vehicle, the key phrase is whether or not the officer had "reasonable suspicion" of unlawful activity. Understand that initially, an officer does not need probable cause to stop a vehicle. The probable cause standard is the standard used to determine the legality of an arrest. The initial stop of your vehicle and preliminary questioning by the officer is considered only a "detention"…
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I Think I Have a Bench Warrant Out for My Arrest. Should I Hire a Lawyer?
A bench warrant is essentially a warrant for your immediate arrest. Any law enforcement officer who discovers that you have a warrant out for your arrest can take you into custody and bring you before the court. A common way in which people with bench warrants are discovered and taken into custody is when they are stopped for traffic violations. The officer will run the person's driver's license in his or…
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REGISTRATION AS A SEX OFFENDER IS NOT ALWAYS FOR “LIFE” IN CALIFORNIA
I have been practicing criminal law for over 32 years. I get countless calls from people who have been registering as a sex offender for many years and want advice. I ask them the same question. "Why didn't you seek relief sooner?" Many people in California are under the misconception that there is nothing that anyone can do and that the registration requirement is for life. They are right AND…
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Extradition Matter Penal Code 1548-1558
This week, after a decade long battle against extradition to the United States, Gary McKinnon, will not face charges back in the United States, from the United Kingdom. The extradition was prevented on human rights grounds and on the belief that he does not have the mental capabilities to come to America or stand trial here. British Home Secretary Theresa May told the House of Commons in London that he…
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While Calling The Police After A Minor Scuffle With Your Spouse May Seem Like The Solution, It Will Very Likely Lead To Someone Being Arrested – Corporal Injury On A Spouse
When the police are called to the scene of a domestic dispute, the likelihood is that someone will be arrested and taken to jail if there is any accusation of a physical struggle - even if it mutual or here was no aggressor. This will lead to the posting of up to $50,000 bail, the arrestee vacated from the family residence, and a no-contact protective order being issued upon the…
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Will I go to jail for elder abuse? Penal Code 368
Frequently, we get asked if a client will go to jail for charges that are pending against that person. And while some crimes have mandatory minimum jail sentences attached to them, frequently there are numerous factors that are all considered before that question can be answered. However, even if someone is sentenced to a jail term, that could be alternative ways for serving that sentence, for example electronic home confinement;…
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Nick Adenhart was Victim in Recent Watson Murder Case
Andrew Gallo, 23, was tried and convicted of three counts of second degree murder for causing the death of three people, including former Los Angeles Angels Pitcher Nick Adenhart, as well as a felony hit-and-run. In addition to Adenhart, his two friends, Cal State Fullerton student Courtney Stewart, 20, and Henry Pearson, 25, all died as a result of this incident. A fourth passenger, Jon Wilhite, was critically injured in the…
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Domestic Violence in California under Penal Code Section 273.5
California Penal Code Section 273.5 is California's domestic violence offense and requires the following to prove: a) Corporal (bodily) injury was willfully inflicted on your current or former spouse, your current or former co-habitant-someone you shared a residence with, or the mother or father of your child. b) The injury suffered was a "traumatic condition", such as a visible physical wound or bodily injury. This conviction can involve fines, jail…
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Should I Turn Myself In?
You may find yourself trapped in a very difficult dilemma where you commit a crime but are not yet investigated by the police. Between the time you committed the offense and the moment the police start knocking at your door, you are left to ponder your situation. The question that is probably foremost on your mind is: Should I come forward and turn myself in or should I wait and…
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Two Members Of The United States Navy Arrested On Allegations Of Rape In Japan
Two members of the United State Navy were arrested over accusations that they raped a woman on the island of Okinawa, in Japan. According to Japanese officials, the two men, both 23, are alleged to have raped a Japanese woman in the early hours of Tuesday morning, leaving her with an injury to her neck. The two accused seaman were taken into custody later that same day of the alleged…
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