Criminal Defense
Orange County Veterans Court is Designed for Veterans Facing Either Misdemeanor or Felony Charges
Veterans Court is Meant to Provide Veterans with Treatment they Need and Deserve for their Great Service to Our Country In California, several Superior Courts have created a special court, called Veterans Court, for veterans who are facing pending criminal charges, both misdemeanors and violent felonies, such as driving under the influence, drunk in public, assault, drug crimes, and many more criminal allegations. The goal of the Orange County Veterans…
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Have a Criminal Past and Looking for a Job?
When your past interferes with your future, you might need an experienced San Diego criminal defense lawyer to assist you in cleaning up your record. Because a criminal record is a public record any one can view, several people can see your case file and view what happened in your criminal case. However, if an attorney assisted you through the process of obtaining an expungement under California Penal Code Section…
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Conviction Based on Out of Court Statements Reversed
Many times, out of court statements are the only evidence available to the prosecution at trial. This usually happens because the victim is unwilling or unavailable to testify at trial. For example, a prosecutor would want a cop to be able to testify that a victim told that officer that the defendant hit him or her if the alleged victim is now unwilling to testify. The rules of evidence require…
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A Common Legal Issue in the Context of Medical Marijuana Litigation
The Issue of Possession of Marijuana for Personal Medical Needs, Versus, Possession of Marijuana for the Needs of Others Defendant, Nathaniel Archer, was found guilty of cultivation of marijuana in violation of Health and Safety Code section 11358, a felony, and of simple possession of marijuana in violation of section 11357(a). On appeal, the parties were in agreement that the trial court erred when it included the numerical limits set…
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Charlie Sheen is Accused of Assault: What this Means and How an Experienced Criminal Defense Attorney Can Help Him Avoid Jail
On December 29, 2009, CNN reported that Charlie Sheen's Wife, Brooke Mueller, has accused Mr. Sheen of threatening to have her killed. CNN reports that Mueller alleges Sheen said, "I have ex-police I can hire who know how to get the job done, and they won't leave any trace," as he held her down with a knife. Sheen was arrested on Christmas Day and is being charged with assault, menacing…
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Gang Crackdown in LA
As a result of Operation Community Shield, law enforcement has arrested 1,785 gang members and associates around the country between March and September of this year. Of those arrested, approximately 300 were from the Los Angeles area. Gangs that were targeted in Los Angeles County during the sweep included the Avenues, 18th Street, Barrio Evil 13 and Mara Salvatrucha gangs. Charges against these alleged members ranged from drug dealing, drug…
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Los Angeles County Sheriff’s Department Accused of Violating Reporter’s Rights
The Los Angeles County Sheriff's Department is facing accusations of violating a reporter's rights for its investigation into TMZ founder Harvey Levin's sources. Levin's phone records were obtained by the sheriff as part of an investigation into who leaked information over Mel Gibson's arrest for drunk driving to TMZ back in 2006. Many media law experts argue that such action is illegal as state and federal law protects a reporter's…
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When Has a Person Been Legally Arrested?
Whether an actual arrest took place is critical to the future of your case because an illegal arrest can result in obtaining critical statements or evidence illegally. There are no magic words which create the sole basis for determining whether an arrest has occurred. The trier of fact must look to the essential elements of custody and distinguish between a temporary detention and a formal arrest. (Ormonde v. DMV (1981)…
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Lawsuit Filed in Attempt to Overturn City Council Decision to Limit Medical Marijuana Dispensaries
The Los Angeles Collective Association and the Green Oasis dispensary, which is made up of medical marijuana collectives, has filed a lawsuit against the city of Los Angeles' moratorium that seeks to control the sale of medical marijuana. They argue that the moratorium is too vague and its extension into mid-March is in violation of state law. Robert A. Kahn, an attorney representing the Los Angeles Collective Association and Green…
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U.S. Supreme Court Hears Oral Arguments for Life without Parole for Minors
Recently, the United States Supreme Court heard oral arguments in two cases involving life sentences without the option for parole for minors. The two cases, Graham v. Florida and Sullivan v. Florida both involved two minors who were convicted of serious felonies when they were 16 and 13 years old, respectively. The boys were subsequently sentenced to life in prison and their cases are now before the United States Supreme…
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