Category Archives: Criminal Procedure

What is a 1538.5 motion in a DUI case?

December 6, 2010

It’s a motion under Penal Code section 1538.5 to suppress evidence obtained from an illegal search under the Fourth Amendment.
In a DUI situation, the challenge can be to either the initial stop (arguing that the officer did not have reasonable suspicion of criminal activity in order to lawfully detain you) or the arrest [...]

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Stages of a Criminal Trial

December 1, 2010

What are the basic stages of a criminal trial in California?
Pre-Trial Motions
First - before the case even gets to trial, there may be motions run that can dramatically change the evidence, charges and even possibly get the entire case dismissed.

995 Motion - if the case is a felony, a motion to challenge the charges and [...]

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What is probation?

November 29, 2010

Probation in general:
If a crime is eligible for probation, and the judge grants probation as part of the sentence, then whatever the maximum time for the crime is gets suspended and a grant of probation is ordered.  From there, the person would be told of certain conditions of probation - which may include county [...]

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How to check to see if you have an arrest warrant in Orange County

November 3, 2010

Everything is online these days.
You can search online for arrest warrants through the Orange County Sheriff’s Department “eServices” website.
Arrest warrant check in Orange County
Note that this may not be 100% accurate, since it may not include all bench warrants that were recently issued or ones that have not yet hit the computer database.
And of course [...]

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Not read your rights by the police? What are the rules?

October 26, 2010

The police didn’t read my rights!
The thing people ask me about most often seems to be about being questioned by the police without their Miranda rights.  Things like “Were the police required to give them?”  “I told them I didn’t want to answer, but they kept going.” and “Can I get my case thrown out [...]

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