Category Archives: Criminal Procedure

If the officer doesn’t show for my DUI case, will it be dismissed?

December 30, 2011

In a traffic case, if it’s set for trial, the court issues a notice to appear for the officer. If they’re properly served and don’t show on the trial date, case dismissed. Not so in a DUI, however.
There are several stages of a misdemeanor case such as a DUI. The first court appearance is the [...]

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What is the difference between reasonable suspicion and probable cause?

November 30, 2011

Reasonable suspicion is what they need to detain you. Probable cause is what they need to search. Slightly different burdens and a slightly different analysis.
If you’re contacted by the police, your first question should be, “Am I free to go?” If the answer is yes, then you are free to walk away. [...]

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Should you talk to the police?

May 9, 2011

I still get this question all the time -
“If I’m completely innocent, why shouldn’t I make a statement to the police?”
I’ve written before about calling a detective back and the risks there. But what about answering questions in person if you’re contacted during an investigation?  Should you talk to the police if you “have [...]

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Drunk in Public - PC 647(f) [Lessons from Christina Aguilera]

March 1, 2011

Not to jump on the “post about celebrities” bandwagon, but just to use a recent arrest as an example…
Singer Christina Aguilera was arrested in West Hollywood in the early morning hours March 1, 2011.  According to press reports, her boyfriend Matt Rutler was stopped and arrested for DUI.  She was subsequently arrested for a misdemeanor [...]

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How much will my husband/wife/son/daughter/fiancee get?

February 17, 2011

The top question asked is always what somebody is “looking at” for their charges.
There’s so much more than just the charges.  I can tell you what the maximum sentence is and if there are any mandatory minimums, but from there….
Every case is unique. A plea sentence (or a sentence after a [...]

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