Tag Archives: lawyer

Misdemeanor criminal defense & procedure - Orange County

February 26, 2009

I have previously written about the stages of a felony prosecution, but what about a misdemeanor?
Misdemeanors, such as DUI, assault & battery, petty theft (shoplifting), driving on a suspended license, some domestic violence charges and violations of court orders, have their own time line and procedures.
You may not even have to appear in court
One of [...]

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Domestic violence charges and defenses

February 24, 2009

There are several “domestic violence” charges in California.  How they are treated and what your defenses are depend on the charge you face.
Penal Code section 273.5
This is the “standard” domestic violence charge.  In order to prove this charge, the prosecution must prove that there was a willful infliction of a “corporal injury” that results in [...]

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Miranda rights and intoxication

February 3, 2009

I was talking with a friend (a non-lawyer) the other day.  They asked me about the Miranda rights and whether or not the police were required to give them in any investigation, in traffic stops and in DUI investigations.  I’ve written here, here and here about the Miranda rights.
He asked a follow-up question:
“But what’s the [...]

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What are the stages of a felony prosecution in California?

January 9, 2009

Photo -Thomas Roche

If you are arrested on a felony charge in California, this is an overview of the stages of the prosecution.
Arraignment
Upon your arrest, the police are required to bring you before a “magistrate” (judge) within 48 hours, excluding Sundays and holidays.  (Penal Code section 825)  The district attorney has until then to make a [...]

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If I am charged with a sexual offense, will I have to register as a sex offender?

September 18, 2008

You do not have to register if you are arrested, only if you are convicted – and then, only if you are convicted of a crime that requires registration.  That registration is a lifetime requirement and becomes part of a public database, so even though you are not required to register for an arrest, you [...]

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