Criminal Defense
Chula Vista Reckless Driving and DUI Defense Lawyers
Chula Vista is a beautiful California coastal city that spans 51. 2 square miles in size. Housing a population of 217,478, and with over 20% population growth since the year 2000, Chula Vista finds itself home to more and more people each year, not to mention the large number of tourists that blanket Chula Vista's streets and roadways year-round. With tourism a major source of economic stability in Chula Vista,…
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Does an Officer’s Observations of Tinted Windows Provide Requisite Reasonable Suspicion to Justify a Stop?
In People v. Butler, the court reversed appellant's conviction for transporting cocaine, because the arresting officer lacked reasonable suspicion to stop appellant's vehicle due to tinted windows. The court "disagreed with the People's suggestion that seeing someone lawfully driving with tinted glass raises a reasonable suspicion of illegality such that a reasonable inquiry is justified." (People v. Butler, 202 .3d 602, 1998) It is important to discuss with your attorney…
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Conviction for Assault is Reversed Where the Judge Denied Defense Counsel’s Motion for Separate Trials
In People v. Earle, the trial court denied the defendant's motion for separate trials. 172 .4th 372 (2009). The defendant was charged with one count of misdemeanor indecent exposure and another count of felony assault in California. These counts occurred on different days, in different locations and with different victims. The defendant conceded that evidence against him for the indecent exposure count was strong but was forced to go to…
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An Accused Who Has Invoked His Right to Counsel is Protected
It is a Wise Decision to Never Speak to Law Enforcement Until You Have Spoken to an Experienced Criminal Defense Attorney Once an accused has invoked the right to counsel, he may not be subjected to further interrogation unless the accused himself initiates further communication with the police. The United States Supreme Court has made it clear that the right to counsel attaches with respect to the specific offenses for…
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Exigent Circumstances May Justify a Warrantless Entry into One’s Home
In some situations, a search may be found reasonable despite the lack of a warrant. However, to establish the presence of emergency or "exigent" circumstances, there must be a showing of necessity. People v. Sutton (1976) 65 .3d 341, 351. Specifically, at the time the warrantless entry is made, there must be an "imminent and substantial threat to life, health, or property." Id. at 350. Whether the requisite exigency is…
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Riverside Reckless Driving and DUI Defense Lawyers
With an approximate population of 311,575, Riverside is the biggest city in the Inland Empire Metropolitan Area. Located in Southern California, Riverside attracts many residents for its prime location 12 miles southwest of San Bernardino and 60 miles east of Los Angeles. The city of Riverside derives its name from its position next to the Santa Ana River. Although considered a safe place to live, similar to most largely populated…
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The Fourth Amendment of the United States Constitution Prohibits Brief Investigatory Stops of Moving Vehicles without “Reasonable Suspicion”
The Fourth Amendment of the United States Constitution prohibits brief investigatory stops of moving vehicles without "reasonable suspicion" that its occupants have been, are, or are about to be engaged in criminal activity. The concept of "reasonable suspicion" becomes extremely important when facing pending allegations of Driving Under the Influence of alcohol or drugs. Lack of reasonable suspicion to stop a vehicle is a common argument in criminal court, and…
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Protect Yourself from Being Arrested in Your Home
In the case of People v. Ramey, 16 Cal.3d 263 (1976), the California Supreme court limited but did not prohibit the right of police officers to arrest a suspect in the home. The Court in Ramey held, "in the absence of a bona fide emergency, or consent to enter, police action is seizing the individual in the home must be preceded by the judicial authorization of an arrest warrant." 16…
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New Court Ruling Results in Murder Reversal: The Criminally Accused Have a Right to Confront the Witnesses Against Them – Part II
The California Third District Court of Appeal reversed a 2006 second-degree murder conviction. People v. Dungo, 2009 DJDAR 12630. In Dungo, the defendant was convicted and sentenced to 15-years-to-life for choking his girlfriend to death. This reversal came after Melendez, discussed in the previous blog. In the California case, the criminal defense attorney successfully argued that the defendant's rights were violated when the defendant's counsel was not able to cross…
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Anaheim Reckless Driving and DUI Attorneys
The city of Anaheim is located in Orange County and has an estimated population of 348,467. As the tenth most-populated city in California, Anaheim is also ranked the fifty-fourth most-populated city in the United States. Known for its theme parks, convention center, and sports teams, Anaheim is a favorable destination for tourists, which can greatly contribute to traffic on Anaheim roads. Which such a large amount of residents and visitors…
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