Category Archives: Featured

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 [...]

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

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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Privacy, cell phones and police searches - lock up your phones!

January 25, 2011

The United States Constitution protects you from unreasonable searches and seizures.  Under the Fourth Amendment, the police must either have a search warrant or some recognized exception to be able to legally search (and therefore gather evidence to be used against you).
One of the exceptions is a search “incident to an arrest.”  Since 1973, the [...]

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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)

Arrested for DUI? What are your first steps? Orange County Defense

January 2, 2011

Law enforcement in Orange County was in full swing over the holiday period with DUI checkpoints, “saturation” patrols and being on high alert for suspected DUI drivers.
If you found yourself caught up in a checkpoint or were pulled over and are now facing DUI charges, I’m sure you’re asking - Now what?
First - you only [...]

DUI, Featured Tags: , , , , , Comments (0) Trackbacks (0)