Criminal Defense
VICTIM NEED NOT PRESENT “PROOF” OF LOSS AT RESTITUTION HEARING
So says the California Court of Appeals in the recent case of People v. Gemelli. In that case, the victim provided information regarding losses sustained as a result of a burglary, but did not submit "proof" of loss in the form of receipts and the like. The Court found that, once a crime victim sets forth a prima facie showing of economic loss, the burden shifts to the defendant to…
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PROPOSED LAW TARGETS CRIMINAL IMMIGRANTS
The parents of Jamiel Shaw, a standout high school football player who was shot and killed, allegedly by a gang member who is present in the United States illegally, have asked the Los Angeles City Counsel to enact a City Ordinance designed to crack down on gang members who are in the United States illegally. Under a current and controversial LAPD Policy known as "Special Order 40" LAPD officers are…
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POLICE SEEK CONSENT TO SEARCH HOMES
Police officers in Washington, D.C. are so anxious to get guns out of the city they are actually going door-to-door asking citizens for "consent" to enter their homes to search for illegal guns. Washington, D.C. is home to one of the most restrictive gun bans in the United States. The gun ban is currently the subject of a case that is pending before the United States Supreme Court. People should…
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SUSPICIONLESS SEARCH OF COMPUTER HELD CONSTITUTIONAL
In a recent opinion by the United States Court of Appeals for the Ninth Circuit, the Court ruled that US Customs officers can search the electronic contents of an international passenger's computer without having a "reasonable suspicion" that the computer contains illegal material. The case, United States v. Arnold, involved a person who arrived at the Los Angeles International Airport from the Philippines. On arrival, customs officials singled out the…
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THE CRIMINAL DEFENSE ATTORNEY YOU SELECT COULD BE THE DIFFERENCE BETWEEN JAIL AND FREEDOM
If you are accused of a criminal offense in San Diego County it is very important you retain the services of a highly qualified criminal defense law firm. However, before selecting the law firm that will be helping you it is critical that you know as much as possible about the law firm you will be trusting with your case. There are some law firms that advertise heavily in San…
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Going Up Against the Prosecutor
The City Attorney, not the District Attorney, prosecutes all misdemeanor crimes in the city of San Diego. Thus, it is important that a San Diego criminal defense lawyer know how the City Attorney's office operates. The San Diego City Attorney's office has certain policies and rules regarding how they are supposed to handle certain types of crimes. These policies and practices are evaluated and changed every so often. In the…
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