Law & Information
When Is an Accused Entitled by Law to a Lawyer?
It is thought by many people that a person who is accused of crime is entitled to a lawyer if they cannot afford one. Unfortunately this is not always the case. If you are under investigation for a crime, you are not entitled to have a lawyer appointed for you. If you are asked to take part in a line up where you are a possible suspect and you have…
Read MoreRacial Profiling in the Buena Park Police Department
Just the other day, I ran a motion to suppress evidence in a drug related matter. The Detective testified that he was investigating the defendant for the potential sale of drugs. He testified that he was investigating a male Hispanic for this matter, but the police report indicated that he was investigating a male Caucasian. He finished his testimony and sat back down in his chair. Then Police Officer took…
Read MoreGet A Loved One Out of Jail…File A WRIT OF HABEAS CORPUS:
The Habeas PetitionA petition for habeas corpus asks that a court issue a writ, requiring that the prisoner be produced before the court at a particular place, date and time. In its original use, a petition for habeas corpus was filed to request that the custodian of a prisoner be ordered to bring a prisoner to a county court to testify in a legal matter. This use of a petition…
Read MoreDepositions:
Depositions can be used to impeach a witness, to refresh the recollection of a witness, to serve as a past recollection recorded, to act as an admission or statement of a party, and to operate as evidence of a witness' former testimony. The deposition of a party to the action is admissible for any purpose when it is offered by an opposing party, subject to the standard objection of relevancy,…
Read MoreWhat if the Court Makes an Order and Nobody Knows it?
At the end of an evidentiary or argumentative hearing, the judge makes a final decision with findings and makes court orders. As you have probably noticed, sometimes these hearings can be confusing, tense, and even chaotic, with people talking over one another. When this happens, it is easy for the parties, the lawyers, and even the judge to lose themselves in the conversation. When a judge gives orders in this…
Read MoreThe Importance of Seeing a Case Through to the End
California law is complex. Sometimes something seems so simple that you would think the answer is obvious. However, even legal issues which seem simple may have to wind their way through the entire judicial process before the seemingly simple interpretation of the law is made. By this I mean that sometimes you have to be prepared to "go all the way". Most people think that "all the way" means all…
Read MoreI Do Not Want to Go To Jail
If you've committed a crime in California, the District Attorney or local Prosecutor have several available options designed to punish you for your actions. These options range from placing you on probation, ordering you to pay a fine, requiring you to complete classes including: anger management, alcohol or substance abuse classes, or traffic school, among others, depending on the nature of your offense. In more serious cases, the District Attorney…
Read MoreAnatomy of a Criminal Case
Have you been arrested or issued a citation after an encounter with a Police Officer? Are you uncertain as to what you should do next? Are you completely unfamiliar with how a criminal case proceeds? There are plenty of things you should do, but one thing you absolutely should NOT do is wait! You need to act fast. First, contact a criminal defense attorney in the area. Getting an attorney…
Read MoreWhen can officers STOP AND FRISK?
Police officers are entitled to stop and detain an individual for investigation, when the police officer has REASONABLE SUSPICION to believe that criminal activity may be afoot and the individual may be connected to such activity. To justify a STOP AND FRISK the officers do NOT need PROBABLE CAUSE. These "STOPS" should be relatively short, noninvasive, and place-specific. There are several exceptions to the normal framework of REASONABLE SUSPICION. These…
Read MoreWhen Should The Police Read Me My Miranda Rights?
The police must advise suspects of their "Miranda Rights" - their right to remain silent, their right to an attorney, and the right to an appointed attorney if they are unable to afford counsel - prior to conducting a custodial interrogation. If a suspect is not in police custody (i.e., "under arrest"), the police do not have to warn him of his rights. The police are very aware of when…
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