Criminal Defense
Anonymous Tip Can Lead To A DUI Stop and Investigation
The anonymous tip is becoming an increasingly annoyance to the drunken driver. More and more California DUI arrests are the result of another person making an anonymous phone call to police reporting what appears to be a drunk driver. Unfortunately, courts are becoming increasingly more lenient in the legal requirements necessary to initiate a police stop based upon an anonymous tip. Some of the most frequent calls to police are…
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Educating Your Kids About the Law to Prevent Juvenile Crimes
Being a parent can be overwhelming, especially knowing we are legally responsible for our kids' actions until they reach the age of majority. Eighteen is the age of majority is most states including California. While we do the best we can to teach our kids good morals and values, right from wrong, there might come a time when kids make the wrong choices. These wrong choices might lead a parent…
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A Vehicle Stop Can Be Based Solely On a Vehicle Code Equipment Violation
One of the most frequent causes of drunk driving arrests is being pulled over for something as trivial as a vehicle equipment violation. Some commonly cited equipment violations frequently used to justify a stop and subsequent DUI investigation include: defective headlight, taillight, brake light, absence of license plate, etc. To prevent a possible DUI investigation, do your best to make sure your vehicle is free from easily apparent equipment violations.…
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Grounds for Being Convicted of Receiving Stolen Property
A California Appellate Court affirmed once again that a person convicted of theft in California cannot also be convicted of receiving stolen property when the property in question is the property of the theft. The courts have long recognized that a crime of theft and/or robbery is the taking of personal property of another. Now, if you are the individual who took that property, you cannot also be found guilty…
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California’s Secondary Evidence Rule (Part 2)
Continued here is a discussion of People v. Coon in which the admissibility of writing in court, such as faxed documents, calls for analysis under the Best Evidence Rule, referred to as the Secondary Evidence Rule in California. James Dale Coon challenged his charges in a California appeal based on the argument that the trial court prejudicially erred in admitting faxed copies of certified court records to determine he was…
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Challenging the Justification for a Protective Order On the Basis of Insufficient Evidence
The issue in People v. Ponce circulated around jurisdictional validity of the trial court's decision to issue a three-year protective order during sentencing. At defendant Ponce's sentencing hearing, the prosecutor requested the court to issue a protective order for Lucero. He did not make an offer of proof or explain the reason for this request. The court granted this request and signed a criminal protective order using Judicial Council form…
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California Constitutional Rights: Being Approached Without Probable Cause or Reasonable Suspicion Doesn’t Justify Accosting an Officer
Just because an Officer violates your Constitutional Rights doesn't mean you can break the law. A California Appellate Court reasoned recently that if an officer approaches you without probable cause or reasonable suspicion and in violation of your Constitutional Rights, it doesn't give you the right to accost or assault him or violate the law yourself. In a recent decision, the Appellate court was asked to decide whether evidence of…
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911 Calls and Anonymous Tips are Enough for an Officer to Detain you and Conduct a Cursory Search for Weapons
Recently a California Court of Appeals decision affirmed that an officer is not violating your constitutional rights if he stops you and searches you for weapons based on an anonymous tip, so long as that tip provides the officers with detailed information. In this instant case, the information provided was items of clothing, location, and direction headed. Furthermore, the area was known for gang activity, and officers were aware that…
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How is Driving Under the Influence of Drugs in California Different than Driving Under the Influence of Alcohol?
Anyone who drives while using drugs, either legal or illegal, can be arrested for driving under the influence of drugs (DUID). In California, DUID is prosecuted in much the same manner as driving under the influence of alcohol (DUI). However, unlike drunk-driving cases, there is no legal limit when it comes to driving under the influence of drugs in California. The primary issue in any California drug crime DUID case…
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California Threshold Blood Alcohol Content Lowered for Drivers With Prior DUI Offense
California recently lowered the threshold blood-alcohol content for drivers who have already been convicted of a DUI offense in California. Now, anyone on probation for driving under the influence can be judged as a repeat offender if found to be behind the wheel with any measurable alcohol on his or her breath. This new "zero tolerance" law means that a driver who is on DUI probation, who is pulled over…
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