Assault with Deadly Weapon
Doctor Convicted of Assault with a Deadly Weapon – California Penal Code Section 245
NPR reported that a former emergency room doctor was convicted of six felony counts in an incident involving a car which was allegedly used as a weapon. The news story said that the incident started when the doctor, while driving his car, got a little too close for comfort with a couple of cyclists who were apparently hogging the road. The doctor and the cyclists exchanged words, and the doctor…
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Anaheim Assault and Battery Defense Attorneys
The number ten most populated city in California, Anaheim, stretches 50.5 miles to cover most of Orange County. Its estimated 348,467 residents share their city with a steady file of professionals and vacationers who come to conference, share business and see Anaheim's well-known theme parks Disney California Adventure and Disneyland. The Anaheim Convention Center is another Anaheim staple, hosting leisure and sports events that draw families and friends seeking entertainment.…
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How an Experienced Southern California Criminal Defense Attorney Can Find Errors and Flaws in Prosecutors Case
Recently, a federal case against an Orange County politician was dealt a blow when a portion of the prosecutors' audio evidence was found to be missing. The case arose out of the 2006 general election for California's 47th House of Representatives district to represent Santa Ana between incumbent Loretta Sanchez and challenger Tan Duc Nguyen. During the campaign, a letter apparently from Nguyen went out to 14,000 residents in the…
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The Benefits of Veteran’s Court
Orange County Collaborative Courts are specialized courts that cater to specific underlying issues that may be present in individuals who come before the court. These courts offer judicial monitoring and a team approach to decision making, including the participation of different agencies. One of these Collaborative Court programs is known as Veteran's Court. The mission of the Veteran's Court is to provide a treatment program for combat veterans in the…
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Sex Offender Laws Require “Actual Knowledge” of Registration Requirement – California Penal Code Section 290
If you have been previously convicted of a "registerable" offense (an offense listed in Penal Code section 290) in California, then you must register as a sex offender. Additionally, even if the offense you committed is not listed in Penal Code section 290, the judge can still require you to register as a sex offender if the judge determines that the offense you committed was sexually motivated. Once you are…
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Five Accused in Newport Beach Robbery – California Penal Code Section 211
According to the Orange County Register, five men have been accused with robbing a former mortgage lender at his Newport Coast mansion on December 8, 2009. One was arraigned on December 11, 2009. Two posted bail and were arraigned on January 26, 2010, and warrants have been issued for the other two suspects. Each suspect has been charged with one felony count of conspiracy to commit robbery, two felony counts…
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Miranda Rights – How Do They Work?
There are several instances where an individual may be thinking, "They didn't read me my rights: my case should get thrown out, right?" One of the most misunderstood concepts in Southern California criminal law revolves around the "Miranda Rights." Most people have heard them all before: You have the right to remain silent. Anything you say can be used against you. You have the right to an attorney present during…
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U.S. Justice Department Issues Memorandum Regarding State Marijuana Laws
On October 19th, the United States Department of Justice issued a memorandum to the United States Attorneys in California detailing a shift in the Department's policy regarding the investigation and prosecution of federal drug offenses in California. Although the memo is favorable to California's marijuana laws, in no way does it permit the cultivation, possession, use or distribution of marijuana. The federal Controlled Substances Act continues to make those types…
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Identity Theft – California Penal Code Section 530.5
Identity theft in California consists of stealing an individual's personal identifying information and using it for an unlawful purpose such as obtaining a financial gain or making a tangible purchase. Examples of personal information that can be stolen include Social Security numbers, credit card numbers, bank account numbers, and using someone else's good credit to purchase a vehicle or other property. California Penal Code Section 530.5(a) is the unauthorized use…
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Federal Judge in the Broadcom Case Cites Prosecutorial Misconduct as One of the Grounds for Dismissing Criminal Charges
Many in the legal community was stunned on Tuesday, December 15, 2009, when a U.S. District Judge Cormac J. Carney acquitted former Broadcom chief financial officer William J. Ruehle, and dismissed charges of fraud and backdating stock options against former Broadcom CEO Henry T. Nicholas. In citing grounds for dismissal, the judge listed prosecutorial misconduct and lack of evidence as two primary reasons for his decision. This case is noteworthy…
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