Category Archives: Criminal Procedure

What can’t I bail them out of jail? Orange County criminal “no bail” holds

Questions about posting bail? Recently, I was asked why a person couldn’t be bailed out of jail.  The follow-up question was, “I thought you were innocent until proven guilty?”   You’re right – there is the presumption of innocence in almost every aspect of criminal law, but when it comes to setting bail, the judge […]

What is the difference between ESS and ISS sentence? Execution suspended and Imposition suspended?

In a felony sentencing, what do the terms ESS and ISS mean?  What’s the difference? Felony sentencing overview: The first question that the sentencing judge must make is whether to grant or deny probation.  In most felony charges, there is a three-level or triad of sentences that can be imposed.  For example, many felonies carry […]

The police didn’t read me my rights! Now what? Miranda and the law

What happens if the police didn’t read you your rights?  Can your entire case be thrown out or dismissed?   Please click to play audio (approximately 4 minutes):     Transcript of audio:   Hi – it’s Orange County defense attorney Joe Dane.   Today, I’m going to talk about one of the most frequent […]

Speedy trial rights – 10 day trailing period

What are the rules for a speedy trial in California?   There are actually a couple of different speedy trial rules. The first question is whether you are charged with a felony or a misdemeanor. If it is a misdemeanor, you have a right to a trial within 30 days of your arraignment (initial not […]

If you consent to a police search, can you limit where they can search? Orange County criminal defense attorney

If the police ask if they can search, can you put limits on where or how they can search?   The answer is yes… and no. If the police search is based on consent, the person giving consent can set limits as to the scope of the search. For example, you could give consent for […]