Criminal Appeals
Supreme Court Rules DNA Tests for Prisoners Not a Constitutional Right
Why You Need an Experienced Criminal Appeals Attorney Fighting for You A report published on discussed the recent Supreme Court decision regarding the rights of prisoners to have crime samples tested for DNA. The important decision cleared the way for individual states to legislate the issue themselves as the Court found that there was no need for a constitutional amendment that would dictate the criminal court procedures for all 50…
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Ineffective Assistance of Counsel is Cause to Withdraw a Plea When Counsel Failed to Have Defendant’s Statements Excluded
An ineffective assistance of counsel claim is one reason to withdraw a plea agreement. In order to prevail on an effective assistance of counsel claim, defendant must demonstrate that his counsel's representation was "deficient" and that deficiency caused a result that would not have happened but for the inadequate representation."Deficient" means that the counsel's representation fell below an objective standard of reasonableness; meaning, the attorney did not handle the case…
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Double Jeopardy and Vehicular Homicide
The California Supreme court determined in People v. Traylor, that a defendant could be tried under a second complaint for negligent vehicular manslaughter when the first complaint, vehicular manslaughter with gross negligence, had been dismissed. In California, even though the original charge had been dismissed, a second charge could be filed based on the exact same conduct. The first charge was "vehicular manslaughter with gross negligence" while the second charge…
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OC Mom Admits Running High End Prostitution Ring
An Experienced Criminal Defense Attorney Can Effectively Guide a Person through the Severe Charges They Face and Provide a Persuasive Defense A news report has detailed the story of an Orange County mom who ran a high end prostitution ring. The mother of two pleaded guilty to money laundering and transporting a person from Orange County to New York City for purposes of prostitution. The guilty plea followed a previous…
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What Standard is Used to Determine Whether an Officer Had Probably Cause to Arrest?
Probable cause to arrest exists when the facts known to the officer and the inferences that can be fairly drawn therefrom would cause a reasonable and prudent person to believe that the suspect has committed a crime. Beck v. Ohio, 379 U.S. 89 (1964). In essence, probable cause is a reasonable belief that a suspect is about to commit, is committing, or imminently will commit a crime. Probable cause is…
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California Supreme Court Limits Options Available to Immigrants Trying to Avoid Deportation Part II
A previous article began the discussion of how the California Supreme Court decided in March 2009 that immigrants facing deportation are no longer provided with the option of two common post conviction challenges. These include the legal procedures of a writ of habeas corpus and a write of error coram nobis, which provide post conviction relief if immigration consequences have been altered. Withdrawal of Plea In most states, immigrants have…
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California Supreme Court Limits Options Available to Immigrants Trying to Avoid Deportation Part I
The California Supreme Court ruled in March 2009 that immigrants who are facing deportation may no longer rely on two common post-conviction challenges: the legal procedures of a writ of habeas corpus or a writ of error coram nobis that provide post conviction relief if immigration consequences have been altered. The courts ruled in two separate cases, People v. Kim and People v. Villa, that these options would no longer…
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Can an Officer Just Stop You for Any Reason?
Comments from a Traffic Ticket and Criminal Defense Attorney Officers may stop and detain a vehicle upon reasonable suspicion of any traffic offense, no matter how minor the offense. The scope of the initial traffic detention will depend on the reason for the initial stop, as well as the facts developed during the stop. A court will always look first at the reason for the stop. The traffic detention must…
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No Reasonable Suspicion is Required Prior to Asking for Voluntary Consent to Search a Vehicle at a Traffic Detention
Most courts rule that no reasonable suspicion is required prior to asking for voluntary consent to search a vehicle at a traffic detention. (United States v. Burton, 334 F.3d 514, 2003). However, the prosecution carries a heavy burden to show that the consent was truly voluntary (United States v. Flores, 48 F.3d 467, 1995). When law enforcement stops a vehicle, mere questioning of the driver does not create a…
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Officers Must Have Facts Demonstrating a Sufficient Connection Between the Suspect and the Drugs to Find Possession
Wallin & Klarich Defense Attorneys Elaborate To show that a suspect constructively possesses contraband and therefore may be arrested, an officer must have facts demonstrating a sufficient connection between the suspect and the drugs/contraband. This connection must be sufficient enough to infer that the suspect had both the power and intent to exercise dominion and control over the contraband. A common probable cause issue in California drug crime arrests arises…
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