Criminal Defense
New Court Ruling Results in Drug Conviction Reversal: The Criminally Accused Have a Right to Confront the Witnesses Against Them – Part I
In Melendez-Diaz v. Massachusetts, the defendant was convicted of drug possession. 129 S.Ct. 2527 (2009). The conviction went all the way up to the Supreme Court of the United States. The Supreme Court reversed the defendant's drug conviction because the trial court violated the defendant's Sixth Amendment rights. In Melendez, the trial court admitted the prosecutions certificates by laboratory analysts, stating that the material seized by police and connected to…
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Confessions and Admissions that are Product of Illegal Search are Subject to Suppression in Court
Depending upon the facts of your case, your confession and/or admission may be inadmissible if the statements were the product of an illegal search. However, the defendant must show a relationship between the unlawful search and the defendant's statement. Once this has been established, the burden of proof shifts to the Prosecution to show that the confession or admission was the product of an intervening independent act of the defendant's…
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Medical Marijuana Card Does Not Necessarily Protect Against Vehicle Search
An officer with probable cause to search is not prevented from doing so by someone presenting a medical marijuana card or a medical marijuana prescription. Various courts have held that, once the officer has probable cause, the officer is entitled to continue to search and investigate, and determine whether the subject of the investigation is in fact possessing the marijuana for personal medical needs, and is adhering to the eight-ounce…
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Impound and Inventory of a Vehicle (Part 2)
The United States Supreme Court case of South Dakota v. Operman, 427 US 364 (1976) set for the following criteria for the lawful impound and inventory of a vehicle: The vehicle must be lawfully in police custody. For example, following a traffic stop or lawful arrest of a driver. The inventory must be for the purpose of listing the contents of the vehicle and not for an investigative purpose. The…
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Impound and Inventory of a Vehicle (Part 1)
Generally, a police officer can seize any vehicle they have probable cause to believe contains illegal items or evidence of a crime. Once the vehicle has been "seized," police can then conduct a search at a police facility or impound lot. The California Vehicle Code details when a car can and cannot be impounded. If contraband or evidence of a crime is discovered during the course of a lawful inventory…
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Santa Ana Reckless Driving and DUI Defense Lawyers
The city of Santa Ana is the most populous city within the vast spread of Orange County with approximately 339,130 inhabitants. Situated along the Santa Ana River in Southern California, Santa Ana is only 10 miles from some of California's most beautiful beaches. As a part of the second largest metropolitan area (thirteen million people) in the entire United States, Santa Ana is considered the fourth most densely populated city.…
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Change of Venue Based on Fair and Impartial Trial Requirement
Venue is where the court has jurisdiction to bring the case to trial. The defense can move the change venue to another county when it appears reasonably likely that a fair and impartial trial cannot be had in the county under Penal Code Section 1033. The most common change of venue motion is the defense motion to change venue because of extensive pretrial publicity prejudicial to the accused. Such motion…
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After a Long Fight With the District Attorney, Some Defendants Find their Biggest Opponent is the Department of Probation
Many criminal cases are resolved by plea agreements between the district attorney's office and defense attorney. These plea agreements may be drawn out for months and require multiple court dates for the two sides to finally come to an agreement. After all the time and energy spent on a plea agreement, some defendants have the unfortunate experience of having the Department of Probation recommend a harsher sentence. Typically, after a…
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Long Beach Reckless Driving and DUI Defense Lawyers
The city of Long Beach is situated along the Pacific coast in Southern California. Long Beach boasted a population of 492,682 in January 2009, making it the second-largest city in the Los Angeles metropolitan area. Most known for being home to one of the world's biggest shipping ports, the Port of Long Beach, the city is also a prominent contributor to the development of aerospace industry and high-technology. As more…
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Challenging Co-Defendant’s Statement
An Experienced Defense Attorney Will Fight for Any Incriminating Statements by a Defendant or a Co-Defendant to be Inadmissible A defendant has the right to challenge a statement made by a co-defendant or other third party on the ground that is was involuntary. A defendant has this right despite the fact that the defendant is not the one who made the statement. In order for the statement to be involuntary…
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