Tag Archives: arrested

Shoplifting defenses - petty theft information

January 2, 2012

If you have been arrested or cited for petty theft (shoplifting) - you may think the situation is bad.  Don’t just give up and assume there is nothing to do.  You’re facing a possible theft charge that can have devastating effects on your future.
In a shoplifting case, like any other, I look at a case [...]

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What to do when pulled over for DUI

December 31, 2011

My answer will be based on several things: California law (based on my experience as a cop, a prosecutor, a defense attorney and an instructor at a police academy), common sense and tidbits for thought.
First - California law.
There are two different charges for DUI - 23152(a) and 23152(b) of the Vehicle Code. The first [...]

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What is the difference between reasonable suspicion and probable cause?

November 30, 2011

Reasonable suspicion is what they need to detain you. Probable cause is what they need to search. Slightly different burdens and a slightly different analysis.
If you’re contacted by the police, your first question should be, “Am I free to go?” If the answer is yes, then you are free to walk away. [...]

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

Should you talk to the police?

May 9, 2011

I still get this question all the time -
“If I’m completely innocent, why shouldn’t I make a statement to the police?”
I’ve written before about calling a detective back and the risks there. But what about answering questions in person if you’re contacted during an investigation?  Should you talk to the police if you “have [...]

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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)