Criminal Defense
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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Ontario Criminal Defense and DUI Attorneys
Ontario is a flourishing city in San Bernardino County, California. Ontario's population, which was estimated to be 171,691 in 2000, has increased to nearly one hundred times the size it was one hundred years ago. Today, it hosts a small international airport and an ECHL hockey team, the Ontario Reign. Its economy today is primarily focused on service and warehousing but some agriculture and manufacturing facilities remain. Ontario is a…
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Irvine Criminal Defense and DUI Attorneys
Located in Orange County, Irvine has an estimated population of 207,500. Irvine is home to many Universities and is located closely to popular beach sites such as Laguna and Newport. In 2008, Irvine was chosen by as the fourth best place to live in the entire United States due to its good housing, jobs, and schools. It was reported by the FBI in June 2009 that Irvine had the lowest…
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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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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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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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Tension between Pretextual Stops and Profiling Stops
Trained Perspectives From a Criminal Defense Attorney The pertextual rule of UNITED STATES v. WHREN (Whren v. United States, 517 U.S. 806, 1996) allows an officer to stop a vehicle any time the officer has reasonable suspicion of a violation, even if the officer has hopes or intentions of finding evidence of a more serious crime. The WHREN decision did not create an unlimited pretextual rule. An officer may never…
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Long Beach DUI and Criminal Defense Attorney
Long Beach, California is situated about 20 miles south of downtown Los Angeles. The second largest city in Los Angeles County, Long Beach boasts an estimated population of about 493,000 throughout its 65.9 square miles. Long Beach is home to the Port of Long Beach, one of the world's largest shipping ports. Aside from shipping, the city's economy is stimulated through the manufacturing of goods, such as aircraft (Boeing) and…
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