Criminal Defense
Reckless Driving in California: Understanding the Law and What You Can Do if Accused
Reckless driving, defined in Section 23103, is one of the most vaguely worded statutes in the California Vehicle Code. It states that "[a]ny person who drives any vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving." A person found guilty for a first offense of reckless driving in California can face fines of several thousand dollars, a jail…
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California Sexual Assault Charges against 78 Year Old Respected Medical Doctor
Recently a 60 year old patient has accused Dr. Horace Newhard, a family doctor who has been a medical doctor since 1973, of sexual assault in California. The patient alleges that during a medical exam of her vaginal area that the doctor "thrust something into her" and then she felt the doctor touch her breasts. The doctor alleges that any touching that took place was entirely for medical purposes without…
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Vehicular Manslaughter Charges Filed in Death of Angels Pitcher
According to an report, Andrew Thomas Gallo, 22, of San Gabriel was charged with three counts of murder, hit and run, and drunk driving in Orange County for his alleged role in the death of 3 individuals: a promising Angel's pitcher, a Cal State Fullerton communications student and an aspiring sports agent. The charges came after the baseball world was rocked by the news that young Angel's pitcher, Nick Adenhart,…
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Orange County Federal Witness Tampering Charges Against Sheriff: Working to Appeal on Ethical Violations
A United States District Court sentenced former Orange County Sheriff Michael Carona to five and half years behind bars on charges of federal witness tampering. United States District Court Judge Andrew J. Guilford made it clear on Monday that he considered Carona's conviction on a single charge very serious. Saying in court records "lying will not be tolerated in this courtroom…especially by this county's leading law enforcement officer." Judge Guilford…
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California Non-DUI Alcohol-Related Offenses Part II
There are literally hundreds of California Vehicle code sections that you can violate every single time you get into your car. This includes some laws that don't even require you to be driving. A non-DUI alcohol-related offense can increase your car insurance premiums, cost you hundreds of dollars in fines, and even result in suspension of your license. What can you do? A good place to start is to seek…
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California Non-DUI Alcohol-Related Offenses Part I
If you've been cited for one of the many violations dealing with non-DUI alcohol-related offenses, it could end up costing you hundreds of dollars in fines, an increase in your car insurance premiums, and even a suspension of your license. However, with a skilled attorney experienced in defending traffic tickets, you can fight your traffic ticket and win. Two of the most common alcohol-related traffic violations include: Open container on…
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CA DUI Conviction Where Blood Alcohol Content is Below the Legal Limit
To obtain a conviction under California Vehicle Code 23152(a), the prosecution must prove that: (1) defendant drove a vehicle; (2) while under the influence of any alcoholic beverage or drug, or the combined influence of any alcoholic beverage and drug. First of all, "driving" under California DUI law is not as straightforward as it may appear. "Driving" requires only "volitional movement of a vehicle," no matter how slight. Where there…
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California Drug Possession Crime: “Actual” Possession vs. “Constructive” Possession
The most important thing to keep in mind when dealing with a charge involving drug possession in California is an understanding that "ownership" of the substance has little bearing on the question of possession. California criminal drug crimes are based on violations of laws that do not take into account whether the substance found actually belonged to you or another person. All the law concerns itself with is whether you…
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All Los Angeles County Courts to Close One Day a Month Due to Budget Crisis
It was announced on May 19, 2009 by Los Angeles Superior Court officials that all Los Angeles County Trial Courts will be closed the third Wednesday of every month commencing July 15, 2009. This order is in effect until further notice. This decision was in response to an estimated 90 million dollar shortfall to keep the courts running. All employees will be "furloughed" one day a month and that will…
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Protection Under the Fifth Amendment Right against Self-Incrimination is Applicable to Defendant’s Pre-Arrest Silence
In the case of People v. Waldie, harmless error was established where the prosecutor was allowed to comment on the defendant's failure to return numerous calls by police prior to arrest. A jury had convicted defendant Waldie of sex crimes that amounted to two counts of lewd and lascivious conduct against a child under the age of 14 years. On appeal, defendant claimed the court erred by permitting comment on…
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