Criminal Defense
A Person Who is Charged with Assault with a Deadly Weapon May Be Surprised When their Driving Privilege is Suspended for Life
In some situations, being convicted of assault with a deadly weapon may result in serious penalties. Most people are generally aware of the potential consequences associated with a conviction for assault with a deadly weapon. A person convicted of assault with a deadly weapon may be unfortunate enough to get a lifetime suspension of driving privileges by the Department of Motor Vehicles. Under California law, the Department of Motor Vehicles…
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Are Treatment or Specialty Courts the Answer?
In California, there are 217 "problem-solving" courts. Many are Proposition 36 courts that treat non-violent but severely addicted drug offenders. Other courts are drug treatment courts for juvenile, parents in dependency court, and regular drug treatment court. The idea behind these specialty courts was to "use the trauma of the moment to move individuals caught up into the system into treatment in hopes of breaking the addiction and transitioning them…
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O.C. Man Sentenced to 17 Years for Making Threats to Wife and Family Law Judge
A 45-year-old Orange County man was sentenced to 17 years imprisonment for possessing homemade explosive devices with the intent to kill his former wife, her divorce attorney, the family court judge and Huntington Beach Police Department officers. The Costa Mesa resident was ultimately charged with a laundry list of offenses, 15 felony counts in all, including stalking, possession of a destructive device with intent to injure, possession of a homemade…
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From Misdemeanor Drunk in Public to Felony Escape of Police Custody
An Experienced Criminal Defense Attorney is the Only Place to Turn to Avoid a Lengthy Prison Stay Unfortunately for many people, criminal charges tend to follow after a night of drinking. Such was the case for a 24 year old man arrested on August 3, 2009. After a long night of drinking, the defendant was arrested for public intoxication; a misdemeanor charge that in California, under California Penal Code Section…
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A Felony Arrest Will Be Deemed Unconstitutional in Violation of the Fourth Amendment if the Arrest is Not Supported by Probable Cause
Insight from a Criminal Defense Lawyer An officer can generally arrest without a warrant for a felony in California not committed in the officer's presence. However, there must also be probable cause to believe that the felony was committed and that the suspect committed it, and the arrest must be in a public place. Maryland v. Pringle, 540 U.S. 366 (2003). A 'warrantless" arrest of an individual in a public…
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Stages of the Criminal Process: Arraignment
When a person is charged with a crime, the first formal legal process is the arraignment. The arraignment is a hearing before a judge where several important things occur. If a person is in custody, the arraignment must occur within two to three days. Otherwise, arraignment is usually set for a date several weeks in the future. There are several purposes of an arraignment. First, the defendant is formally read…
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Appealing a Felony Conviction in California
Felony Conviction Reversed when Prosecutors Fail to Turn Over Evidence to Defense: Why You Need an Experienced Criminal Appeals Lawyer to Win Your Case The Federal Court of Appeals has reversed the conviction of a defendant who had been found guilty of being a felon in possession of a firearm due to prosecutorial misconduct. The defendant had been sentenced to prison and now will be given a new trial where…
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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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Prosecution Rates Lowered by Budget Cuts
Budget Cuts to Lower Prosecution Rates across California: What an Experienced Criminal Defense Attorney Can Tell You It the midst of America's economic downturn, even state departments and government funded agencies are feeling the heat. District attorneys all over California have been buzzing about the upcoming budget cuts in their departments explaining that basically, less money means fewer prosecutions. Contra Costa District Attorney Robert Kochly has already begun acting on…
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Orange County Felony Charges Against Couple
Orange County Couple is Arrested in State's Biggest Fraud Case Ever, and Need an Experienced Criminal Defense Attorney A Laguna Hills couple has been arrested on charges of alleged fraud in California of nearly $30 million in insurance premiums. 50-year-old Michael Vincent Petronella and his 44-year-old wife Devon Lynn Kile are facing 106 felony counts including conspiracy, insurance fraud, tax charges and theft and are facing up to 102 years…
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