Criminal Defense
Impound and Inventory of a Vehicle (Part 2)
The United States Supreme Court case of South Dakota v. Operman, 427 US 364 (1976) set for the following criteria for the lawful impound and inventory of a vehicle: The vehicle must be lawfully in police custody. For example, following a traffic stop or lawful arrest of a driver. The inventory must be for the purpose of listing the contents of the vehicle and not for an investigative purpose. The…
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Impound and Inventory of a Vehicle (Part 1)
Generally, a police officer can seize any vehicle they have probable cause to believe contains illegal items or evidence of a crime. Once the vehicle has been "seized," police can then conduct a search at a police facility or impound lot. The California Vehicle Code details when a car can and cannot be impounded. If contraband or evidence of a crime is discovered during the course of a lawful inventory…
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Santa Ana Reckless Driving and DUI Defense Lawyers
The city of Santa Ana is the most populous city within the vast spread of Orange County with approximately 339,130 inhabitants. Situated along the Santa Ana River in Southern California, Santa Ana is only 10 miles from some of California's most beautiful beaches. As a part of the second largest metropolitan area (thirteen million people) in the entire United States, Santa Ana is considered the fourth most densely populated city.…
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Change of Venue Based on Fair and Impartial Trial Requirement
Venue is where the court has jurisdiction to bring the case to trial. The defense can move the change venue to another county when it appears reasonably likely that a fair and impartial trial cannot be had in the county under Penal Code Section 1033. The most common change of venue motion is the defense motion to change venue because of extensive pretrial publicity prejudicial to the accused. Such motion…
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After a Long Fight With the District Attorney, Some Defendants Find their Biggest Opponent is the Department of Probation
Many criminal cases are resolved by plea agreements between the district attorney's office and defense attorney. These plea agreements may be drawn out for months and require multiple court dates for the two sides to finally come to an agreement. After all the time and energy spent on a plea agreement, some defendants have the unfortunate experience of having the Department of Probation recommend a harsher sentence. Typically, after a…
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Long Beach Reckless Driving and DUI Defense Lawyers
The city of Long Beach is situated along the Pacific coast in Southern California. Long Beach boasted a population of 492,682 in January 2009, making it the second-largest city in the Los Angeles metropolitan area. Most known for being home to one of the world's biggest shipping ports, the Port of Long Beach, the city is also a prominent contributor to the development of aerospace industry and high-technology. As more…
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Challenging Co-Defendant’s Statement
An Experienced Defense Attorney Will Fight for Any Incriminating Statements by a Defendant or a Co-Defendant to be Inadmissible A defendant has the right to challenge a statement made by a co-defendant or other third party on the ground that is was involuntary. A defendant has this right despite the fact that the defendant is not the one who made the statement. In order for the statement to be involuntary…
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Without Proper Regulation, Prosecutorial Misconduct is Likely to Continue
What this Means for Criminal Defendants and their Attorneys Last year, Ted Stevens, the 85-year-old former Senator from Alaska was convicted of corruption charges. Charges against Stevens played a pivotal role in voters failing to reelect the seven-term senator to office. But months after jurors found Stevens guilty, the Attorney General dismissed the case citing prosecutorial misconduct. This case is a prime example of the potential for misconduct by both…
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DNA Evidence Receives a Boost
Why Having an Experienced Criminal Defense Attorney On Your Side Could Help You Avoid a False Conviction DNA evidence has always been thought to be the infallible wave of the future; however, new information could change this perspective. Even though every person's DNA is unique, and every trace of a person's DNA that is left behind will be identical, the testing methods available today cannot compare every single gene in…
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Can Police Knock On My Front Door When Acting Solely On an Anonymous and Uncorroborated Tip?
Numerous Court of Appeal cases have approved the police practice of "knock and talk" based entirely on an anonymous and uncorroborated tip. Recently, the California Supreme Court stated, "even if acting on an anonymous tip, police may knock on the door of a residence, speak with the occupant, and request permission to enter and search" People v. Rivera, 41 Cal.4th 304 (2007). An aggressive and experienced Orange County criminal defense…
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