Category Archives: Criminal Procedure

What is the entrapment defense?

Does entrapment still exist? Absolutely.  It’s an affirmative defense, meaning the defendant bears the burden of proving by a preponderance of the evidence that they were entrapped.  A preponderance means the defendant must convince the jury that it is “more likely than not” that they were entrapped. Entrapment is when law enforcement officer (or their [...]

Will a traffic ticket violate my probation?

When you’re placed on probation – either formal or informal, one of the typical terms is that you “violate no law”.  People often ask whether a traffic ticket will violate your probation.   In general, a traffic ticket will NOT violate your probation. Under Penal Code section 19.8, an infraction is not grounds to violate [...]

What is summary (or informal) probation?

If you’re convicted of a misdemeanor in Orange County, you may be placed on a period of probation.  Typically, for misdemeanor probation, it is informal probation.  This is sometimes called “summary probation” or “bench probation”. How does informal probation differ from formal probation? Formal probation With formal probation, you typically have a probation officer you [...]

Can two people use the same defense attorney?

What if you and a friend (or husband/wife) got arrested together and charged with the same crime?  Can you use the same defense attorney to represent both of you?   The short answer is “maybe”. If there is no overlap (such as you blame him and he blames you), one attorney *may* be able to [...]

Arrested in Orange County – why am I getting letters from lawyers?

What you’re getting is commonly referred to as “jail mail.” Unfortunately, you got arrested and either got released with a court date coming up or you posted bail with a date to appear in the future.  Now, your mailbox is flooded with letters from lawyers and law firms. That “jail mail” comes from attorneys that [...]