Criminal Defense
Can Law Enforcement Draw Your Blood without Your Consent?
Recently, former NBA star Lamar Odom was hospitalized after being found unresponsive at a brothel in Nevada. Authorities obtained a search warrant to test Odom's blood for drugs. The results of those tests have not yet been released, but the situation raises questions on your ability to consent to a blood test.1 When Police Can Draw Your Blood Law enforcement is allowed to draw your blood without your consent. This…
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California Gets Tough on Prosecutorial Misconduct
If you are a regular reader of this blog you are undoubtedly familiar with the jailhouse snitch scandal that has rocked the Orange County District Attorney’s office. A Superior Court judge removed the D.A.’s office from the case of convicted serial killer Scott Dekraai due to allegations of violating his constitutional rights by illegally obtaining evidence from jailhouse informants, and failing to produce evidence after repeated requests from his lawyer.…
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Jailhouse Rocked: Jailhouse Snitches Backfire on Prosecutors
The trial of mass-murderer Scott Dekraai, who killed eight people in a Seal Beach beauty salon in 2011, should have been a crowning achievement for Orange County District Attorney Tony Rackauckas. Having secured a conviction for the deadliest killing spree in the county’s history, Rackauckas had the case lined up for a slam-dunk sentencing phase that would put Dekraai on track for the death penalty, a result that would surely…
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Should Judges Fine Themselves for Being Late to Court?
What do you think would happen to you or your case if you show up late to a court hearing? You may reasonably expect to be sanctioned by the judge and be required to pay a fine, or you may expect to have your case be rescheduled for review at a later date. On the other hand, what if the judge is late to your court hearing? Should he or…
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The Devastating Ramifications of Having a Restraining Order Granted against You: Why You Need a Qualified Restraining Order Lawyer
The consequences of having a California restraining order granted against you can be severe. If a restraining order is filed against you, it is of the utmost importance to retain the services of a qualified restraining order law firm to come to your defense. If you do not hire a law firm to defend you it is much more likely that the restraining order will be granted against you. If…
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How You Could Spend Months in Jail for a Crime You Didn’t Commit
Imagine yourself riding as a passenger in a car. You decide to eat a can of SpaghettiOs for lunch. Not having a bowl with you, you eat the meal straight from the can, using a metal spoon you borrowed from a friend. Finishing your meal, you throw the can away, but hang on to the spoon as you ride back to your friend's home. Suddenly, the police pull the car…
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You May Get the Death Penalty if You Commit Murder in Riverside County
If you are convicted of murder in Riverside County, there's a chance that you will be sentenced to death. Despite only having the fourth-largest population in California, Riverside County ranked second in the nation for the number of death sentences handed down in 2012, according to a recently-released report by the Death Penalty Information Center. If you are facing charges of murder in Riverside, it is important to hire an…
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California Supreme Court Grants Law License to Illegal Immigrant
An undocumented immigrant in California will be allowed to obtain his law license despite his illegal immigrant status, the California Supreme Court ruled. The landmark decision sets precedent for other illegal immigrants hoping to obtain their law license in California as well as other pending cases in the U.S. The Story of Sergio Garcia Sergio Garcia became a California resident permanently when he was 17 years old. He was told…
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What is a No Contest Plea and What is a Factual Basis for a No Contest Plea in California? (California Penal Code 1192.5)
There are times in criminal cases where a person will enter a plea of nolo contendere, or "no contest." This plea is usually used when a criminal defendant has caused some property damage or injury to another person during the course of the criminal act and he/she does not want to admit fault. By avoiding any fault, if the victim has a desire to sue the defendant in a civil…
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Epidemic of Brady Violations: Why Wasn’t This Defendant’s Conviction Overturned?
Brady v. Maryland 373 U.S. 83 (1963) was a landmark United States Supreme Court case in which the prosecution had withheld certain evidence from the defendant. The defendant challenged his conviction, arguing it had been contrary to the Due Process Clause of the Fourteenth Amendment to the United States Constitution. The Supreme Court held that withholding exculpatory evidence (evidence that tends to exonerate you) violates due process "where the evidence…
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