Criminal Defense
What Standard is Used to Determine Whether an Officer Had Probably Cause to Arrest?
Probable cause to arrest exists when the facts known to the officer and the inferences that can be fairly drawn therefrom would cause a reasonable and prudent person to believe that the suspect has committed a crime. Beck v. Ohio, 379 U.S. 89 (1964). In essence, probable cause is a reasonable belief that a suspect is about to commit, is committing, or imminently will commit a crime. Probable cause is…
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California Supreme Court Limits Options Available to Immigrants Trying to Avoid Deportation Part II
A previous article began the discussion of how the California Supreme Court decided in March 2009 that immigrants facing deportation are no longer provided with the option of two common post conviction challenges. These include the legal procedures of a writ of habeas corpus and a write of error coram nobis, which provide post conviction relief if immigration consequences have been altered. Withdrawal of Plea In most states, immigrants have…
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Irvine Criminal Defense and DUI Attorneys
Located in Orange County, Irvine has an estimated population of 207,500. Irvine is home to many Universities and is located closely to popular beach sites such as Laguna and Newport. In 2008, Irvine was chosen by as the fourth best place to live in the entire United States due to its good housing, jobs, and schools. It was reported by the FBI in June 2009 that Irvine had the lowest…
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California Supreme Court Limits Options Available to Immigrants Trying to Avoid Deportation Part I
The California Supreme Court ruled in March 2009 that immigrants who are facing deportation may no longer rely on two common post-conviction challenges: the legal procedures of a writ of habeas corpus or a writ of error coram nobis that provide post conviction relief if immigration consequences have been altered. The courts ruled in two separate cases, People v. Kim and People v. Villa, that these options would no longer…
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Can an Officer Just Stop You for Any Reason?
Comments from a Traffic Ticket and Criminal Defense Attorney Officers may stop and detain a vehicle upon reasonable suspicion of any traffic offense, no matter how minor the offense. The scope of the initial traffic detention will depend on the reason for the initial stop, as well as the facts developed during the stop. A court will always look first at the reason for the stop. The traffic detention must…
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No Reasonable Suspicion is Required Prior to Asking for Voluntary Consent to Search a Vehicle at a Traffic Detention
Most courts rule that no reasonable suspicion is required prior to asking for voluntary consent to search a vehicle at a traffic detention. (United States v. Burton, 334 F.3d 514, 2003). However, the prosecution carries a heavy burden to show that the consent was truly voluntary (United States v. Flores, 48 F.3d 467, 1995). When law enforcement stops a vehicle, mere questioning of the driver does not create a…
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Officers Must Have Facts Demonstrating a Sufficient Connection Between the Suspect and the Drugs to Find Possession
Wallin & Klarich Defense Attorneys Elaborate To show that a suspect constructively possesses contraband and therefore may be arrested, an officer must have facts demonstrating a sufficient connection between the suspect and the drugs/contraband. This connection must be sufficient enough to infer that the suspect had both the power and intent to exercise dominion and control over the contraband. A common probable cause issue in California drug crime arrests arises…
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California Law Allows All Arrest and Prosecution Records Sealed and Destroyed When a Petition for Factual Innocence is Granted
Being arrested can be one of the most frightening and stressful experiences an individual can go through. Beyond the threat of loss of liberty, the negative social and economic consequences of an arrest can often be long lasting. However, under certain circumstances, the California Penal Code allows for all records of an arrest to be sealed and destroyed through a Petition for Factual Innocence. California Penal Code Section 851.8 provides…
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Huntington Beach Criminal Defense and DUI Attorneys
Located in Orange County, Huntington Beach, California is known for its picturesque beaches and preserved wetlands. With a population of just about 190,000 as of the 2000 United States census, Huntington Beach is 31.6 square miles in size. Commonly referred to as Surf City, Huntington Beach hosts a variety of surfing events each year, consequently drawing even larger crowds to it's already much visited beaches. Huntington Beach is very much…
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Probable Cause to Arrest Does Not Necessarily Ensure a Conviction
What an Experienced Criminal Defense Attorney Can Do For You There are numerous widely accepted sources of probable cause to arrest. Some of those include: Crime in the Officer's Presence: an officer can always arrest a person for a crime committed in the officer's presence, no matter how minor the crime. Atwater v. City of Lago Vista, 532 U.S. 318 (2001); Arrest Warrant: with an arrest warrant, the judge has…
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