Criminal Defense
A Person Who is Charged with Assault with a Deadly Weapon May Be Surprised When their Driving Privilege is Suspended for Life
In some situations, being convicted of assault with a deadly weapon may result in serious penalties. Most people are generally aware of the potential consequences associated with a conviction for assault with a deadly weapon. A person convicted of assault with a deadly weapon may be unfortunate enough to get a lifetime suspension of driving privileges by the Department of Motor Vehicles. Under California law, the Department of Motor Vehicles…
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Prosecution Has Wide Discretion in Deciding What Criminal Charges to File, If Any
In Orange County, California, Joel Miranda, has been indicted on gross vehicular manslaughter charges for killing a pedestrian while driving a vehicle under the influence of alcohol. Miranda's blood alcohol level was almost three times the legal limit, at 0.23%. Allegedly, Miranda fled the scene of the fatal crash. Miranda pleaded not guilty and his bail remains at one million dollars. The defendant has three prior DUI convictions. Other similarly…
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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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Vehicular Manslaughter Charges Filed in Death of Angels Pitcher
According to an report, Andrew Thomas Gallo, 22, of San Gabriel was charged with three counts of murder, hit and run, and drunk driving in Orange County for his alleged role in the death of 3 individuals: a promising Angel's pitcher, a Cal State Fullerton communications student and an aspiring sports agent. The charges came after the baseball world was rocked by the news that young Angel's pitcher, Nick Adenhart,…
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