Criminal Defense
An Accused Who Has Invoked His Right to Counsel is Protected
It is a Wise Decision to Never Speak to Law Enforcement Until You Have Spoken to an Experienced Criminal Defense Attorney Once an accused has invoked the right to counsel, he may not be subjected to further interrogation unless the accused himself initiates further communication with the police. The United States Supreme Court has made it clear that the right to counsel attaches with respect to the specific offenses for…
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Exigent Circumstances May Justify a Warrantless Entry into One’s Home
In some situations, a search may be found reasonable despite the lack of a warrant. However, to establish the presence of emergency or "exigent" circumstances, there must be a showing of necessity. People v. Sutton (1976) 65 .3d 341, 351. Specifically, at the time the warrantless entry is made, there must be an "imminent and substantial threat to life, health, or property." Id. at 350. Whether the requisite exigency is…
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The Fourth Amendment of the United States Constitution Prohibits Brief Investigatory Stops of Moving Vehicles without “Reasonable Suspicion”
The Fourth Amendment of the United States Constitution prohibits brief investigatory stops of moving vehicles without "reasonable suspicion" that its occupants have been, are, or are about to be engaged in criminal activity. The concept of "reasonable suspicion" becomes extremely important when facing pending allegations of Driving Under the Influence of alcohol or drugs. Lack of reasonable suspicion to stop a vehicle is a common argument in criminal court, and…
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Riverside Reckless Driving and DUI Defense Lawyers
With an approximate population of 311,575, Riverside is the biggest city in the Inland Empire Metropolitan Area. Located in Southern California, Riverside attracts many residents for its prime location 12 miles southwest of San Bernardino and 60 miles east of Los Angeles. The city of Riverside derives its name from its position next to the Santa Ana River. Although considered a safe place to live, similar to most largely populated…
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Protect Yourself from Being Arrested in Your Home
In the case of People v. Ramey, 16 Cal.3d 263 (1976), the California Supreme court limited but did not prohibit the right of police officers to arrest a suspect in the home. The Court in Ramey held, "in the absence of a bona fide emergency, or consent to enter, police action is seizing the individual in the home must be preceded by the judicial authorization of an arrest warrant." 16…
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New Court Ruling Results in Murder Reversal: The Criminally Accused Have a Right to Confront the Witnesses Against Them – Part II
The California Third District Court of Appeal reversed a 2006 second-degree murder conviction. People v. Dungo, 2009 DJDAR 12630. In Dungo, the defendant was convicted and sentenced to 15-years-to-life for choking his girlfriend to death. This reversal came after Melendez, discussed in the previous blog. In the California case, the criminal defense attorney successfully argued that the defendant's rights were violated when the defendant's counsel was not able to cross…
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Anaheim Reckless Driving and DUI Attorneys
The city of Anaheim is located in Orange County and has an estimated population of 348,467. As the tenth most-populated city in California, Anaheim is also ranked the fifty-fourth most-populated city in the United States. Known for its theme parks, convention center, and sports teams, Anaheim is a favorable destination for tourists, which can greatly contribute to traffic on Anaheim roads. Which such a large amount of residents and visitors…
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New Court Ruling Results in Drug Conviction Reversal: The Criminally Accused Have a Right to Confront the Witnesses Against Them – Part I
In Melendez-Diaz v. Massachusetts, the defendant was convicted of drug possession. 129 S.Ct. 2527 (2009). The conviction went all the way up to the Supreme Court of the United States. The Supreme Court reversed the defendant's drug conviction because the trial court violated the defendant's Sixth Amendment rights. In Melendez, the trial court admitted the prosecutions certificates by laboratory analysts, stating that the material seized by police and connected to…
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Confessions and Admissions that are Product of Illegal Search are Subject to Suppression in Court
Depending upon the facts of your case, your confession and/or admission may be inadmissible if the statements were the product of an illegal search. However, the defendant must show a relationship between the unlawful search and the defendant's statement. Once this has been established, the burden of proof shifts to the Prosecution to show that the confession or admission was the product of an intervening independent act of the defendant's…
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Medical Marijuana Card Does Not Necessarily Protect Against Vehicle Search
An officer with probable cause to search is not prevented from doing so by someone presenting a medical marijuana card or a medical marijuana prescription. Various courts have held that, once the officer has probable cause, the officer is entitled to continue to search and investigate, and determine whether the subject of the investigation is in fact possessing the marijuana for personal medical needs, and is adhering to the eight-ounce…
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