Criminal Appeals
Reducing Your Felony Conviction to a Misdemeanor
An Experienced Criminal Defense Attorney May Be Able to Obtain a Reduction of Your Felony Conviction to a Misdemeanor A court may hear a petition to reduce certain felony offenses in California to a misdemeanor at any time following the suspension of judgment and granting of probation. In J.M. Meyer v. Superior Court (1966) 247 Cal. App.2d 133, 140, the court noted: "the word 'thereafter' in Penal Code Section 17…
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Miranda Rights and Initiating Further Communication with the Police
The United States Supreme Court has made it clear that an accused person who invokes his right to have counsel present during custodial interrogation may not be subjected to further interrogation by authorities without the presence of counsel, unless the accused initiates further communication with the police. Edwards v. Arizona (1981) 451 U.S. 477; Minnick v. Mississippi (1990) 498 U.S. 146. However, the right to counsel attaches only with respect…
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INS Agents Arresting Suspected Illegal Aliens in Los Angeles Courtrooms
A recent report in the Los Angeles Daily Journal indicates that in the last few months several suspected illegal immigrants were arrested inside downtown Los Angeles immigration courts while they waited for their court hearings to begin. One local INS attorney stated that these arrests are "shocking. " One of this lawyer's clients was arrested by INS agents when he came to court to appear at his court hearing. Two…
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Big Bear and Needles Criminal Courts to Be Closed
Criminal Courts in Big Bear and Needles to Close-Why You Will Need a Criminal Defense Law Firm in Barstow and Victorville to Help You With Your Case The San Bernardino County Courts have just advised that effective very soon, all criminal cases pending in the Needles or Big Bear courts will be transferred and heard in other San Bernardino Court locations. Due to the economic conditions that exist at this…
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Juveniles Facing Life in Prison Challenging Sentencing Based Upon Cruel and Unusual Punishment Provision of United States Constitution
It was reported in the Los Angeles Daily Journal recently that there are over 2,000 juveniles in custody facing life sentences without the possibility of parole in the United States at this time. Two cases pending before the United States Supreme Court challenge the constitutionality of these harsh sentences for juvenile crimes. In 2005, the US Supreme Court ruled that a person could not be executed if they were found…
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What is Important in a California DMV Hearing?
Do Not Take Your DMV Hearing Lightly, the Risks Are Too High – Hire an Experienced DMV Hearing Attorney Generally, only 8% of people arrested for a DUI request a DMV hearing in California. Of these 8%, however, 34% of them actually keep their driving privileges as a result of demanding such hearings. In addition, those with experienced attorneys win approximately 50% of these hearings. Surprisingly, the reason these attorneys…
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Los Angeles Theft and Burglary Defense Attorneys
Los Angeles, CA is the second largest city in the United States in terms of population. Measuring in at 498.3 square miles, Los Angeles is a hub of commerce and tourism, and is home to over 3.8 million residents. Los Angeles is one of the most diverse cities in the world, with visitors from across the globe choosing to become "Angelinos" everyday. Home to a variety of businesses and companies,…
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The Difference Between a Lawful and Unlawful Arrest Without a Warrant
Arrest Without a Warrant Must Be Supported by Objective Facts Justifying a Reasonable Belief that an Individual Has Violated the Law – What an Experienced Criminal Defense Attorney Can Do for You In order to justify an arrest without a warrant, the actions of the arresting officer must be objectively reasonable. The actions must be based on facts that provide a reasonable belief that the person arrested has committed a…
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California Theft Crimes and Specific Intent: How a Skilled Attorney Can Win Your Case
To a person unfamiliar with the law, theft in California may seem to be a very simple and easy-to-prove crime when in fact, it is not. To convict a person of theft, the prosecution must show beyond a reasonable doubt that a person took property that did not belong to him or her with "the specific intent" to permanently deprive the true owner of that property. The key element is…
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Consequences of Underage Drinking and Possession of Alcohol
Minor in Possession of Alcohol: You Need an Experienced Criminal Defense Attorney to Fight the Charges Are you a minor who was recently cited for drinking alcohol? Does your son or daughter face these charges? 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 possess alcoholic beverages of any kind. If…
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