Criminal Defense
What Kind of Agreement or Partnership Amounts to Criminal Conspiracy in California?
Conspiracy is a complicated area of criminal law. In general terms, a "conspiracy" is an agreement or partnership for a criminal purpose. Each member or the alleged conspiracy becomes the agent or partner of every other member. When evaluating the prospect of criminal allegations of conspiracy, consider whether some sort of agreement (formal or informal) was in place. Additionally, this "agreement" needs to be followed by the commission of any…
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What the Prosecution Must Prove to Charge and Convict Someone of Carjacking – Penal Code Section 215
The crime of carjacking comes under the broad scope of California theft-related offenses. To be found guilty of carjacking in California, the defendant must have taken a motor vehicle from the custody of another person by force, violence, or assault. For the prosecution to meet its burden for a carjacking conviction, it must be proven, beyond a reasonable doubt, that the taking of the motor vehicle was done with the…
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Minors and Vandalism Charges
It was recently reported that a minor was taken into custody and charged with 232 counts of vandalism in Vista, California. The police also suspect him in 85 additional vandalism incidences. His alleged graffiti tags have caused over $101,000 in damage according to police. His name has not been released because he is a minor. In this case, the minor will be facing charges in juvenile court. Juvenile courts are…
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The Proper Use of Police Officers’ Emergency Lights When Pursuing Traffic Offenders in California – California Vehicle Code 2800.1
In California, "an officer must activate a red light when in pursuit of a traffic offender who attempts to flee." (People v. Copass (Dec. 14, 2009, No. B211281) 2009 WL 4757252 (hereafter Copass).) But what if a police officer loses a traffic offender during a pursuit and deactivates the light, only to moments later spot the traffic offender and reactive the light to resume the pursuit? The California Court of…
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Trial Judge Has the Power to Subpoena Jurors that May Have Been Involved in Misconduct
In a recent California Court of Appeals case (People v. Tuggles) the court ruled that the trial judge has the power to subpoena any juror that he or she feels may have been involved in misconduct during the trial. The judge can do so at the request of the defense or of the prosecution. California Code of Civil Procedure sections 206 and 237 allow jurors to prevent the release of…
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Evading a Police Officer in California, Vehicle Code Section 2800.2: How Knowing the Law Could Spare You Jail Time
In California, a police officer does not have to be behind you with his or her lights on in order to pull you over. A recent California Court of Appeals case (People v. Pakes) held that the police only need to make a reasonable effort to overtake your vehicle in order to technically be in pursuit. Evading a police officer is a violation of the California Vehicle Code Section 2800.2.…
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Good Faith Exception to the Exclusionary Rule Does Not Apply Where the Search Warrant is 84 Days Old – Penal Code Section 1538.5
A recent California Court of Appeals decision in People v. Hirata held that a search warrant is invalid after the passing of a substantial period of time. In this case, the period of time was 84 days. The defendant (Hirata) was charged with possessing drugs and being part of a drug conspiracy ring. Investigators had built substantial evidence against Hirata and a number of other co-conspirators. Armed with this information,…
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How a Good Private Investigator Can Help Your Attorney Win Your Case
Private investigators are essential to any criminal investigation. If accused of a crime, you cannot rely solely on the police investigation. Police are trained to gather evidence to convict; they are not trained to search for evidence of innocence. Private investigators are often former police officers who know the ins and outs of police investigation. Finding an investigator that is reliable and has significant experience is a difficult task. Some…
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High Public Defender Caseloads Could Lead to Nightmare Results if You Are Accused of a Crime
Recently, Attorney General Eric Holder spoke at the Brennan Legacy Award Dinner. At the event, which is named in honor of United States Supreme Court Justice William Brennan, Attorney General Holder addressed some issues which have scary implications for those with a pending criminal case. Due to the current economic environment, Public Defender's offices throughout the country are facing record caseloads. This issue is creating a detrimental situation in which…
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Are You Facing Second Degree Burglary Charges?
A man was recently arrested on suspicion of committing several burglary offenses. He is suspected of being the "Back Room Bandit" who is believed to have burglarized at least 19 different businesses since September in San Diego County. San Diego News 10 reported on Jones' arrest in San Ysidro. No one was hurt in any of the alleged crimes of the "Back Room Bandit" (as he has been called). This…
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