Tag Archives: Criminal Procedure

If the officer doesn’t show for my DUI case, will it be dismissed?

December 30, 2011

In a traffic case, if it’s set for trial, the court issues a notice to appear for the officer. If they’re properly served and don’t show on the trial date, case dismissed. Not so in a DUI, however.
There are several stages of a misdemeanor case such as a DUI. The first court appearance is the [...]

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Passengers rights in DUI checkpoint

January 7, 2011

With all the holiday DUI checkpoints that have occurred, I was asked recently about passengers’ rights.  For example, what if the police made observations about a passenger during a DUI checkpoint?
As a passenger in a DUI checkpoint, you have the same rights as anyone else to challenge the legality of the checkpoint, the [...]

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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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What is the statute of limitations? How does that affect speedy trial rights?

December 2, 2010

Time to file and speedy trial times are like apples and oranges.
The time to file is the statute of limitations.  In general, on a misdemeanor, the prosecution has up to a year to file charges from the date of the incident.  Most felonies have a three year statute of limitations.  There are some exceptions for [...]

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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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