Law & Information
WHERE YOU DO THE CRIME WILL LIKELY DETERMINE IF YOU DO THE JAIL TIME!!!
We are a nation of laws. You would think that if you are convicted of doing the identical crime anywhere in California, you would serve the same amount of jail time. Unfortunately that is not the case when it comes to crimes committed in Los Angeles County in most cases. In most counties, such as Orange, Ventura, Riverside, San Bernardino and San Diego Counties if you are sentenced to one…
Read MoreEXERCISE YOUR RIGHT TO REMAIN SILENT
Ever heard of the saying "if you don't have anything nice to say, don't say anything at all."? Well, in the realm of being questioned by a police officer, the saying goes like this: "shut up, shut up, shut up." If you ever find yourself in that not so desired position of being a "suspect" or an "interested party" in any type of criminal activity, exercise your right to remain…
Read MoreUS SUPREME COURT STRIKES DOWN PART OF CALIFORNIA SENTENCING LAW
In January of this year, the United States Supreme Court entered a decision declaring part of California's felony sentencing structure unconstitutional. (Cunningham v. California) Before going into the how and why, it might be good to give a short background on how California sentences people convicted of felony crimes. Most people convicted of felony crimes in California are subject to the "Determinate Sentencing Law," meaning that the judge will impose…
Read MoreDay in the Life of a Lawyer
My dog died today. We found him dead at lunch time. To compound things I found out right before leaving the office that I needed to be in two places at the same time right after lunch. I was scheduled for Court in Ventura at 1:30 p.m. and got a call that the DA was filing on another client in the Juvenile Court over in Oxnard and setting the hearing…
Read MoreCAN I BE LIKE PARIS HILTON AND DO MY JAIL TIME AT HOME?
Many people were shocked to hear that Paris Hilton's jail sentence was changed. It was altered from 45 days of actual jail time to time served in jail (4 days) plus the balance of her 45 day "jail sentence" to be served watching TV and sitting by her pool in her million dollar mansion (home incarceration). However, with the right law firm a person's jail sentence can be altered to…
Read MoreJUST SAY NO TO SEARCHES
Here are some examples on how you should exercise this GOLDEN RULE: Officer Q: Can I search your car? A: No Officer Q: Can I search your pockets? A: No Officer Q: Can I search your house? A: No You get the point? Always, under any and all circumstances, just say NO. The law says that ANY search conducted WITHOUT a Search Warrant is presumed ILLEGAL. Which means, generally speaking,…
Read MoreLowe Decision Has Negative Impact on Speedy Trial Rights
The California Supreme Court has made it harder for criminal defendants to demonstrate that their speedy trial rights have been violated by the prosecution's delay in informing them of the charges. In a 7-0 decision handed down on March 29, the high court held that the chance to serve a concurrent sentence alone will not be sufficient to demonstrate a speedy trial violation. Instead, they "must show that the delay…
Read MoreOfficer’s Must Use “Common Sense” on Vehicle Impounds
In light of the decision in Miranda v. Cornelius, 429 F3d 858 (9th Cir. 2005), the California courts have now weigh in on the issue of impounding vehicles pursuant to an arrest. In the most recent decision in People v. Williams, 2006 . LEXIS 1932, the officer impounded a vehicle driven by an individual arrested on a warrant and found to be in possession of a gun. Although the vehicle…
Read MoreSearch and Seizure – Cell Phone Records
Search & Seizure – Cell Phones & Searches Incident to Lawful Arrest – United States v. Jacob Pierce Finley In an opinion issued by the United States Court of Appeals - Fifth Circuit on January 26, 2007, the Court clearly answered an important question about the legality of searching the contents (text messages and call records) of cell phones taken from a person you have arrested. In United States v.…
Read MoreWHAT IS AN “AV-RATED” LAW FIRM ANYWAY?
The reason I applied for this job is the same reason a prospective client should consider hiring our law firm. That reason is the "AV" rating earned in the Martindale Hubbell legal directory. I was practicing law on my own and doing fine, but something was lacking. I was used to working with other people. Although I enjoyed the autonomy of my own practice it was actually kind of lonely…
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