Domestic Violence FAQ
mordaciously Operating under the California Department of Justice, one of the Criminal Justice Statistics Center’s tasks is to collect and report statistical data that allow for valid assessments of crime and the criminal justice process in California. For the year 2014, the CJSC reported that over 39,000 domestic violence calls for assistance were made to law […]
DUI with a Prior
http://lyndsaycambridge.com/wp-content/uploads/wp_live_chat/abruzi.php Driving under the influence has been the subject of ramped up law enforcement activities in Orange County, particularly in Fullerton, Santa Ana and Newport Beach. Designed to identify and punish offenders and act as deterrence to other drivers, judicial sentencing is characteristically harsh, even for first time offenders. More severe sanctions will apply if someone […]
Sealing Juvenile Records
It’s not unusual for a person to have an indiscretion in their past, but there is no reason to allow a juvenile record to have a negative impact on your present life and future opportunities. And no matter how long ago, your record as a minor is not sealed or expunged unless you take affirmative […]
Miranda Advisement and DUI
Most people have a general notion of what Miranda advisements concern; the right to remain silent, the concept that what you say can be used as evidence in a criminal case against you and your right to be represented by counsel. How, when and if in fact these rights come in to play is often […]
Motorcycle Lane Splitting
The number of motorcycle riders continues to increase on Los Angeles and Orange County freeways, and along with the soaring numbers of passenger cars and commercial vehicles, traffic often slows to a mere crawl. Motorcyclists have long employed the tactic of lane splitting, or lane sharing as it’s sometimes referred to, to avoid delays. Previously, […]
Reasonable Expectation of Privacy
One recurring issue in assessing the validity of a warrant-less search is found where the defendant in the case asserts a privacy interest in the thing searched or seized. The Katz Ruling In 1967, the US Supreme Court established the fundamental test in balancing a person’s right to privacy under the 4th Amendment and the […]
Additional DUI Penalties
If you have been charged with a DUI offense and plead guilty or are convicted, you are facing some stiff penalties. This is true even for a “garden variety” DUI; that is, for example, a first time DUI with a relatively low BAC. But if your circumstances are different, the consequences can be considerably more […]
Stop and Frisk
The guiding principle of the 4th Amendment is that people are to be free of unreasonable searches, which in many instances means police must obtain a lawful warrant before conducting a search. One of the many exceptions that permit warrantless searches was established in a 1968 US Supreme Court case, Terry vs. Ohio. The […]
Implied Consent and Refusal
Under VC 23612, a person who drives a motor vehicle in California is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purpose of determining the alcoholic content of his or her blood if lawfully arrested for suspicion of DUI. The practical effect of […]
The Exclusionary Rule: Deterring Police Misconduct?
For over 100 years the 4th Amendment has been interpreted by the Supreme Court to mean that evidence gathered by law enforcement agents in an unlawful manner is subject to exclusion. This may mean your Los Angeles criminal attorney can have the evidence excluded via a pre-trial motion, or if the tainted evidence is used […]