Category Archives: Criminal Procedure

What does it mean when the DA “rejects” a case?

Orange County Criminal Law - “Rejected” case?
When the police get done with their investigation, they package up their reports and submit them to the Orange County DA’s office.  From there, it gets assigned to one of the prosecutors for review.  Essentially, they have three choices:

They decide there’s enough evidence to file charges.
They decide there isn’t [...]

Do the police have to show the search warrant? What about reading my rights?

Search Warrants and Miranda Rights
After the police serve a search warrant, the questions that frequently come up are:  “Were they required to show me the warrant?”  and “I was never read my rights while they searched my house - weren’t they supposed to?”
There is no legal requirement that the search warrant be shown during the [...]

Is it illegal to drive without a front license plate in California?

Yes, it is illegal and is an infraction.
Vehicle Code section 5200:
5200.  (a) When two license plates are issued by the department for
use upon a vehicle, they shall be attached to the vehicle for which
they were issued, one in the front and the other in the rear.
(b) When only one license plate is issued for use [...]

Arrested and waiting for court date - can anything be done? (Orange County Criminal Defense)

What can you do before your Orange County court date?
If you were arrested, but then released on bail or on your own recognizance (an “O.R.” release) and have a court date coming up, is there anything that can be done, or do you have to wait for your court date?
Your arrest doesn’t signal the end [...]

How long can you be detained by the police in Orange County?

Detention by the police
People ask me often - “I was stopped by the police and they kept me for a really long time.  Can they do that?”
The first question is:  Were you there voluntarily or were you detained?  That simple question can have huge impact on what the police can and can’t do, what your [...]