Criminal Defense
“Reasonable Person Free to Leave” Standard Used to Determine if an Arrest Was Made
To decide if an arrest was made, courts consider where "in view of all the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave." (United States v. Mendenhall, 466 U.S. 544, 1980). An arrest must be based upon probable cause to believe that a crime was committed and that the arrestee committed it (Beck v. Ohio, 379 U.S. 89, 1964). If you…
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Sobriety Checkpoints and Roadblocks in California
What a Criminal Defense Attorney Can Tell You The United States Supreme Court has specifically approved the use of limited sobriety checkpoints. The Court in Michigan v. Sitz, 496 U.S.444 (1990) held that sobriety checkpoints must: (1) present only a slight intrusion; (2) operate according to a plan that limits participating officers' discretion; and (3) be aimed at curbing the problem of impaired drivers. If you have questions about a…
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Santa Ana DUI and Criminal Defense Attorney
Santa Ana, California is the most populous city in Orange County, with an estimated 2007 population of 339. If current estimates hold true, Santa Ana's population will have grown to 355,662 by 2009. Santa Ana, according to the 2000 United States Census, is one of the most densely populated cities in the United States (of cities that have more than 300,000 people), with 12,471.5 people per square mile, ranking behind…
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Facebook and Myspace Disclosure of Evidence that Holds a Defendant’s Innocence
As the law offices of Wallin & Klarich work alongside attorney Robert C. Kasenow, II in defending the rights of our client accused of alleged sexual offenses, we have filed a petition for review with the California Supreme Court seeking evaluation of a lower court order. Exculpatory evidence through subpoena or any other court process has previously been denied via the federal Stored Electronic Communications Act. Through our investigation and…
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Marijuana Possession Conviction Occurring Before Current Offense Does Not Negate Eligibility for Deferred Entry of Judgment
Why Hiring an Experienced Criminal Defense Firm Can Assure You Are Given Access to All Available Court Programs Defendant, Oscar Armando Ochoa pled guilty to possessing cocaine after the trial court denied his motion to defer entry of judgment under penal code §1000. On appeal in California, Mr. Ochoa argued that the court erred in finding that his January 2006 conviction for possession of marijuana occurring more than two years…
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Clearing Arrest Record After a False Arrest
Lessons From a Criminal Defense Lawyer It is possible for an officer to unintentionally or unlawfully arrest a person? If an officer arrests a person without sufficient probable cause, this is often referred to as a "false arrest." The consequences of an improper arrest can include suppression of any testimonial statements by the suspect, suppression of physical evidence, and personal liability for the officer. In addition, a factual innocence motion…
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Long Beach DUI and Criminal Defense Attorney
Long Beach, California is situated about 20 miles south of downtown Los Angeles. The second largest city in Los Angeles County, Long Beach boasts an estimated population of about 493,000 throughout its 65.9 square miles. Long Beach is home to the Port of Long Beach, one of the world's largest shipping ports. Aside from shipping, the city's economy is stimulated through the manufacturing of goods, such as aircraft (Boeing) and…
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Know Your Rights: Students Are Protected from Strip Searches by School Officials
The U.S. Supreme Court recently decided a strip search was illegal where a minor student was suspected of carrying Ibuprofen on campus. During an incident in 2003 at Safford Middle School, a student told school officials that Savana Redding was carrying the painkillers. Two female staffers proceeded to conduct the strip search of Redding, but found no pills. The Supreme Court affirmed the 9th U.S. Circuit of Appeals ruling in…
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The Fourth Amendment and Consent to Search a Vehicle
Whether Consent Given by Driver to Search Vehicle Was Given Voluntarily Requires Analysis by an Experienced Criminal Defense Attorney Who Understands the Fourth Amendment Voluntariness of consent to search must be analyzed under the Fourth Amendment and Article 1, section 5 of The United States Constitution "by examining the totality of the circumstances." Ohio v. Robinette, 519 U.S. at 39; State v. Sherburne, 571 A.2d 1181, 1185 (Me. 1990). Consent…
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An Arrest Occurs When an Officer Deprives a Person of Liberty in a Significant Way
Lessons From a Criminal Defense Attorney The traditional definition of arrest by an officer includes the following elements: (1) intent to arrest communicated by words or actions of the officer; (2) show of the officer's authority; (3) submission to custody or sufficient force to achieve custody by the officer; and (4) the person's understanding that he or she is under arrest. California statutorily defines an arrest as "taking a person…
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