Criminal Defense
Severe Penalties Associated with Driving Under the Influence Emphasizes the Necessity of Hiring an Experienced Criminal Defense Attorney
Arrests for Driving Under the Influence (DUI) continue to rise in California. Along with the increasing number of arrests, the penalties associated with a conviction continue to escalate. California Vehicle Section 23152 states that it is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle. It is unlawful for…
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From Misdemeanor Drunk in Public to Felony Escape of Police Custody
An Experienced Criminal Defense Attorney is the Only Place to Turn to Avoid a Lengthy Prison Stay Unfortunately for many people, criminal charges tend to follow after a night of drinking. Such was the case for a 24 year old man arrested on August 3, 2009. After a long night of drinking, the defendant was arrested for public intoxication; a misdemeanor charge that in California, under California Penal Code Section…
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A Drinking and Driving Complaint May Give Rise to a Warrantless Search of Your Home
An Experienced Criminal Defense Attorney Will Protect Your Right from a Warrantless Search of Your Home Any person can call law enforcement and complain to tell them that a person is drinking and driving. If a complaint names the suspected drunk driver, law enforcement may be able to go the house of the named suspect and lawfully search the home without a warrant. Some courts have held that these searches…
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Pasadena DUI and Criminal Defense Attorneys
Located within the vast spread of Los Angeles County, Pasadena is a diverse city mostly known for putting on the nationally viewed Tournament of Roses parade and the annual Rose Bowl Football game. With an approximate population of 146,518 reported in 2007, Pasadena is the sixth largest city in LA County and has attracted many new residents and returning visitors as a cultural hot spot in the San Gabriel Valley.…
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Officer’s Have Heightened Duty to Confirm an Anonymous Tipster’s Information
An Experienced Criminal Defense Firm will Expose a Lack of Reliability from an Anonymous Informant An anonymous tip, standing alone, seldom will exhibit sufficient indicia of reliability to support reasonable suspicion for an investigatory or traffic stop. An informant who provides information face-to-face to law enforcement is not considered the same as an anonymous tipster. See United States v. Romain, 393 F.3d, 63 (2004). Officers do not have the same…
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Courts Give a Presumption of “Reasonable Suspicion” Established from a Citizen Informant’s Statements
An Experienced Criminal Defense Attorney Knows How to Effectively Rebut this Presumption As discussed in the blog yesterday, a person who tips officers to suspected criminal conduct is called an "informant." A citizen informant generally gains knowledge of an alleged criminal offense by being either a witness or a victim. A citizen informant is deemed to be reliable, unless this presumption of reliability is rebutted. Courts have held that a…
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A Traffic Stop Based on an Anonymous Informant’s Tip Must Be Reliable to be a Legal Stop
Why You Need a Criminal Defense Attorney Who Knows Search and Seizure Laws In order to conduct a legal traffic stop, an officer must have what is called "reasonable suspicion" to stop the car. Often, officers will rely on a tip they received from someone who may know the suspect, one who may have seen the suspect engage in an illegal activity, or a person with a hunch to create…
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Conviction Reversed and Defendant Wins New Trial After Appeal is Granted: You Have the Right to a Fair Trial
The California Court of Appeal in People v. Hernandez found that when an armed sheriff stood behind the defendant while the defendant was testifying this violated the defendant's right to a fair trial. An experienced defense attorney knows that there are many factors a court may not consider in ensuring the defendant's right to a fair trial. The Court of Appeal found for the defense; the use of an armed…
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Do Standardized Field Sobriety Tests Accurately Assess a Driver’s Mental and Physical Impairment?
During a California DUI detection process, the officer screens (or tests) a driver prior to making an arrest decision. The pre-arrest screening phase starts out with the administration of the standardized field sobriety tests. These tests are said to be designed to assess a driver's mental and physical impairment. The three most commonly used field sobriety tests are: horizontal gaze nystagmus walk and turn test one-leg stand test The walk…
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Hollywood DUI and Criminal Defense Attorneys
Hollywood is a well-known district in Los Angeles, California located just west-northwest of Downtown LA. Hollywood is most known for being the historical center of movie stars and movie studios. A few out of many landmarks in Hollywood include the Hollywood Bowl, Capitol Records, Grauman's Chinese Theatre, the Shrine Auditorium, and the Griffith Park Observatory. According to the 2000 census, 210,777 people lived in Hollywood with a population density of…
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