Clearing Your Criminal Record
California Law Allows All Arrest and Prosecution Records Sealed and Destroyed When a Petition for Factual Innocence is Granted
Being arrested can be one of the most frightening and stressful experiences an individual can go through. Beyond the threat of loss of liberty, the negative social and economic consequences of an arrest can often be long lasting. However, under certain circumstances, the California Penal Code allows for all records of an arrest to be sealed and destroyed through a Petition for Factual Innocence. California Penal Code Section 851.8 provides…
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Huntington Beach Criminal Defense and DUI Attorneys
Located in Orange County, Huntington Beach, California is known for its picturesque beaches and preserved wetlands. With a population of just about 190,000 as of the 2000 United States census, Huntington Beach is 31.6 square miles in size. Commonly referred to as Surf City, Huntington Beach hosts a variety of surfing events each year, consequently drawing even larger crowds to it's already much visited beaches. Huntington Beach is very much…
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Probable Cause to Arrest Does Not Necessarily Ensure a Conviction
What an Experienced Criminal Defense Attorney Can Do For You There are numerous widely accepted sources of probable cause to arrest. Some of those include: Crime in the Officer's Presence: an officer can always arrest a person for a crime committed in the officer's presence, no matter how minor the crime. Atwater v. City of Lago Vista, 532 U.S. 318 (2001); Arrest Warrant: with an arrest warrant, the judge has…
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Know the Rules of the Road: Failure to Yield Tickets Part II
In a previous article, we provided some of the most common failure to yield traffic violations that drivers make the mistake of committing. Everyone knows that speeding or running a red light or stop sign can result in being pulled over and being given a traffic ticket for a momentary lapse in judgment. What too many drivers are not aware of, however, is that there are hundreds of California Vehicle…
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Know the Rules of the Road: Failure to Yield Tickets Part I
Being sighted for one of the many traffic violations in California associated with failing to yield can end up costing you hundreds of dollars in fines, a suspension of your license, and even a raise in car insurance premiums. To help prevent having to deal with these consequences, here are a few of the most common failure to yield violations to become familiar with. VC 21451 & VC 21453 –…
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Glendale Criminal Defense and DUI Attorneys
Housing a population of 207,303 as of January 1, 2009, Glendale, California is the third largest city in Los Angeles County. Spanning 30.7 square miles, Glendale has an estimated population density of 6,770.6 people per square mile. Glendale is home to entertainment giants such as The Walt Disney Company and Dreamworks SKG, and multinational companies such as Nestlé. Glendale also enjoys an assortment of retail shopping establishments, most recently the…
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Do I Really Know Who I am Talking to Online?
Tips from a Criminal Defense Attorney It's a question that you may ask yourself after hearing about men being arrested for having sexual relationships with underage girls that they met online. In one case, a man in his 50s portrayed himself as being in his early 20s, met a 14 year old girl online and began having an online relationship with her. The girl would perform live sex acts on…
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Chula Vista Criminal Defense and DUI Attorneys
The southern San Diego County city of Chula Vista, California boasts a population of 217,478. The second largest city in San Diego County according to population, Chula Vista is 51.2 square miles size. With over 20% population growth since the year 2000, and its close proximity to the California coast, Chula Vista welcomes more and more people every year either as new permanent residents or tourists. Chula Vista's economy is…
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Why an Arresting Officer Failing to Give Miranda Warnings Will Not Result in a DUI Case Being Dismissed
Tips From a DUI Attorney Miranda warnings are intended to prevent overreaching by law enforcement in situations that are deemed inherently coercive. This specifically applies to those law enforcement encounters in which there is a "custodial interrogation." An encounter will be deemed a custodial interrogation where: defendant is not free to leave or terminate the encounter, and law enforcement is directly questioning the defendant in a manner designed to elicit…
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Juvenile Strikes in California Count
Why You Should Call a Juvenile Defense Attorney The recent case of Superior Court v. Nguyen held that a juvenile adjudicated a ward of the court in Juvenile Court for a crime that would be considered a strike under California's Three Strike Laws will count as a strike if that juvenile offender commits another felony. In a 6-1 Supreme Court decision, Nguyen allows prosecutors to allege a prior juvenile strike…
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