Criminal Defense
Juvenile Strikes in California Count
Why You Should Call a Juvenile Defense Attorney The recent case of Superior Court v. Nguyen held that a juvenile adjudicated a ward of the court in Juvenile Court for a crime that would be considered a strike under California's Three Strike Laws will count as a strike if that juvenile offender commits another felony. In a 6-1 Supreme Court decision, Nguyen allows prosecutors to allege a prior juvenile strike…
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A Felony Arrest Will Be Deemed Unconstitutional in Violation of the Fourth Amendment if the Arrest is Not Supported by Probable Cause
Insight from a Criminal Defense Lawyer An officer can generally arrest without a warrant for a felony in California not committed in the officer's presence. However, there must also be probable cause to believe that the felony was committed and that the suspect committed it, and the arrest must be in a public place. Maryland v. Pringle, 540 U.S. 366 (2003). A 'warrantless" arrest of an individual in a public…
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Tension between Pretextual Stops and Profiling Stops
Trained Perspectives From a Criminal Defense Attorney The pertextual rule of UNITED STATES v. WHREN (Whren v. United States, 517 U.S. 806, 1996) allows an officer to stop a vehicle any time the officer has reasonable suspicion of a violation, even if the officer has hopes or intentions of finding evidence of a more serious crime. The WHREN decision did not create an unlimited pretextual rule. An officer may never…
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Riverside DUI and Criminal Defense Attorneys
With an estimated population of 311,575 in 2008, Riverside, California is the largest city in the Inland Empire region of California, and the 12th largest city statewide. The United States Census Bureau reports that Riverside has a total area of 98.4 square miles, with a population density of 3,267.2 people per square mile. The University of California at Riverside and the Riverside Unified School District employ the largest number of…
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How to Have Your Arrest Record Destroyed
Insight from an Experienced Criminal Defense Attorney Many people do not realize that if you are arrested, even if the charges are dropped or never filed, the arrest will remain on your record. If you go to trial and receive a not guilty verdict, or have the conviction successfully expunged, the arrest will stay on your record as well. Unfortunately, even if it is clear you did not commit any…
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Anaheim DUI and Criminal Defense Attorneys
Anaheim, California, with its 348,467 residents, is the tenth largest city in California (based on population). Located in Orange County, Anaheim is 50.5 square miles in size, and is a popular Southern California tourist destination. Anaheim is well known for Disneyland, Disney's California Adventure, and the Anaheim Convention Center. With flocks of families visiting the theme parks and numerous businesses making use of the convention center on a yearly basis,…
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The Power of Prop 36: Are you Eligible? Part Two
In a previous article, we began our discussion regarding Proposition 36, the Substance Abuse and Crime Prevention Act of 2000, which commands that qualified individuals convicted of CA nonviolent drug possession offenses be sentenced to probation and narcotics treatment as an alternative to incarceration. Continued here are some additional valid points of interest for Proposition 36. Other Ineligibility Factors Even if the defendant is convicted of a qualifying offense, if…
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The Power of Prop 36: Are you Eligible? Part One
In this article and one to follow, the Substance Abuse and Crime Prevention Act of 2000, also known as Prop 36, will be discussed. This complex and most interesting proposition requires that eligible people convicted of nonviolent drug possession offenses in California be sentenced to probation and narcotics treatment instead of incarceration. In a Nutshell Prop 36 is codified under Penal Code Section 1210. The law provides that a defendant…
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Distinguishing Between Investigative Stops and Arrests
Perspectives From a Criminal Defense Attorney In distinguishing between an investigative stop and an arrest, courts consider a variety of factors, including: (a) display of weapons by officers; (b) presence of numerous officers; (c) physical restraint or touching of the suspect; (d) blocking a suspect's exit route; (e) use of handcuffs or other restraints; (f) tone of voice and authoritative commands; and (g) length and manner of the detention. Knowing…
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Minor in Possession Requires an Experienced Criminal Defense Attorney
Are you a minor who was recently cited for drinking alcohol? If your answer is yes, you are not alone. There are many incidents that involve underage drinkers. It is illegal for anyone under the age of 21 to have any alcohol in their system. Maximum penalties can include License suspension for one year, fines, and could possibly affect school and employment. One thing is for sure, you are not…
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