Category Archives: Criminal Procedure

Can charges be changed after a preliminary hearing?

January 12, 2011

A recent question sent to me asked about the procedure in an involuntary manslaughter case.  The question was:  Can the judge decide to upgrade the charges if the DA doesn’t pursue greater charges?  The question was based on the recent preliminary hearing of Dr. Conrad Murray in the Michael Jackson death case.
The prosecution files whatever [...]

Crimes of violence, Criminal Procedure, Featured Tags: , , , Comments (0) Trackbacks (0)

Passengers rights in DUI checkpoint

January 7, 2011

With all the holiday DUI checkpoints that have occurred, I was asked recently about passengers’ rights.  For example, what if the police made observations about a passenger during a DUI checkpoint?
As a passenger in a DUI checkpoint, you have the same rights as anyone else to challenge the legality of the checkpoint, the [...]

Criminal Procedure, DUI, Fourth Amendment Tags: , , Comments (0) Trackbacks (0)

Pat down searches - Orange County Criminal Defense

January 3, 2011

When can the police pat you down?  How far can they go?
A patdown search, sometimes called Terry search or a frisk is only authorized in certain circumstances.  If you want to see a perfect example of when it’s not supposed to happen, look at an old rerun of the TV show COPS.   Seems like every [...]

Criminal Procedure, Fourth Amendment Tags: , , , , Comments (0) Trackbacks (0)

Expunge an infraction? It will now be possible.

December 23, 2010

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Can you get an infraction expunged from your record?
Under the current (2010) law, if you were convicted of a misdemeanor or felony that did not result in a state prison sentence, you could seek an ‘expungement’ under Penal Code section 1203.4.  You could also reduce some felonies to a misdemeanor in trying to clean up [...]

Criminal Procedure, Featured Tags: Comments (0) Trackbacks (3)

Court date in Orange County but can’t be there? What do you do?

December 16, 2010

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I can’t be there at my court date!  What do I do?
If you have an upcoming date in court for a misdemeanor criminal case, but you cannot appear on that date, what do you do?  For example, let’s say you have a family vacation planned, booked and paid for months in advance, but now you’ve [...]

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