Criminal Defense
Driver Can Be Prosecuted and Convicted of Second-Degree Murder
In the case of People v. Watson (1981) 30 Cal.3d 290, the California Supreme Court ruled that if a person drives a car in a manner demonstrating a conscious disregard for human life, this will constitute "implied malice," and the driver can be prosecuted and convicted of second-degree murder. This means that if a person is killed as a result of extremely reckless driving, it may be considered an unlawful…
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Prosecution’s Burden to Justify a Warrantless Search or Seizure
It is the prosecution's burden to justify a warrantless search or seizure. People v. Williams (1999) 20 Cal. 4th 119. The defendant has the right to suppress evidence when the evidence is obtained by an illegal detention, arrest, or search in violation of both the United States Constitution and Cal Pen. Code section 1538.5. In addition, the exclusionary rule of the Fourth Amendment prohibits the admission of evidence obtained as…
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Once a Driver is in Custody, He or She Must Be Afforded the Protections of Miranda
Once it can be shown that a motorist is "in custody," he or she must be afforded the constitutional protections of Miranda. It is settled amongst the courts that the safeguards prescribed by Miranda become applicable as soon as a suspect's freedom of action is curtailed to a "degree associated with formal arrest." (California v. Beheler 463 US 1121, 1983). When dealing with the protections of Miranda, it is important…
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In Tough Economic Times, an Expungement of a Criminal Conviction Can Help
Recent unemployment numbers out of California show the unemployment rate at 12 percent. Experts predict that the unemployment rate nationally will top 10 percent. In today's competitive job market, the difference between being hired or passed over for a position often comes down to minor factors. One of these potential factors can be past criminal convictions. An employer may pass over a candidate who has a criminal conviction, in favor…
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Glendale Reckless Driving and DUI Defense Lawyers
Located at the eastern side of the San Fernando Valley, the city of Glendale is a major part of Los Angeles County. With a population of 207,303 as of January 2009, Glendale is the third largest city in Los Angeles County. As with any bustling city, Glendale experiences its share of reckless driving arrests in which those who stand accused deserve to receive help from a skilled Glendale reckless driving…
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Get an Attorney for Your Child (Part 2)
Often times, a criminal investigation or charge involving your minor child will result in an expulsion hearing at their public school. It is important to seek a competent and aggressive attorney for assistance. If the criminal charges arise from a school incident, this could trigger expulsion by the school district. Sometimes the school may attempt to expel even without a criminal charge being filed. Expulsion is a serious matter. It…
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Get an Attorney for Your Child (Part 1)
Your son or daughter is being charged with a crime in California. You do not know what to do or who to turn to for help. You are embarrassed or perhaps ashamed of your child's conduct. The laws in Juvenile Court are very different than in adult court. At a young age, it is very important to keep your child's criminal record clean. Minors have virtually unlimited doors of opportunity…
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Chula Vista Reckless Driving and DUI Defense Lawyers
Chula Vista is a beautiful California coastal city that spans 51. 2 square miles in size. Housing a population of 217,478, and with over 20% population growth since the year 2000, Chula Vista finds itself home to more and more people each year, not to mention the large number of tourists that blanket Chula Vista's streets and roadways year-round. With tourism a major source of economic stability in Chula Vista,…
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Does an Officer’s Observations of Tinted Windows Provide Requisite Reasonable Suspicion to Justify a Stop?
In People v. Butler, the court reversed appellant's conviction for transporting cocaine, because the arresting officer lacked reasonable suspicion to stop appellant's vehicle due to tinted windows. The court "disagreed with the People's suggestion that seeing someone lawfully driving with tinted glass raises a reasonable suspicion of illegality such that a reasonable inquiry is justified." (People v. Butler, 202 .3d 602, 1998) It is important to discuss with your attorney…
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Conviction for Assault is Reversed Where the Judge Denied Defense Counsel’s Motion for Separate Trials
In People v. Earle, the trial court denied the defendant's motion for separate trials. 172 .4th 372 (2009). The defendant was charged with one count of misdemeanor indecent exposure and another count of felony assault in California. These counts occurred on different days, in different locations and with different victims. The defendant conceded that evidence against him for the indecent exposure count was strong but was forced to go to…
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