Tag Archives: miranda

Resisting Arrest - Orange County Defense Attorney

November 2, 2009

Resisting Arrest - Penal Code section 148(a)(1)
The crime of “resisting arrest” is covered in Penal Code section 148(a).  It is a misdemeanor to willfully and unlawfully “resist, obstruct or delay” an officer in the performance or attempted performance of their duties.  If convicted, the maximum possible sentence is up to one year in county jail [...]

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

Carjacking - Orange County criminal defense

May 19, 2009

In another post, I discussed the crime of robbery.  Although robbery can apply to the taking of any property by force, if the property taken is a motor vehicle (including cars, trucks, motorcycles and scooters), it can also be charged under Penal Code section 215 - Carjacking.
Carjacking is taking of a motor vehicle from a [...]

Crimes of violence, Theft Tags: , , , , , , , Comments (0) Trackbacks (0)

DUI & blood alcohol levels - Orange County DUI defense lawyer

March 13, 2009

Intoximeter, the company that manufactures the blood alcohol meters used by many law enforcement departments, has an on-line blood alcohol measurement program, the “Drink Wheel” (it got its name from the cardboard novelty models with a rotating wheel in the center that you used to line up the number of drinks to determine your blood [...]

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

Illegal searches - Search warrants

November 11, 2008

The Fourth Amendment is your Constitutional protection against illegal searches by the police.  It is based on the principle that you have a right to privacy and before the government (the police) can search, they must have legal justification.  You are not absolutely protected against all searches by the police.  The Fourth Amendment protects against [...]

Criminal Procedure, Fourth Amendment Tags: , , , , , , , , , , , , , , , , Comments (0) Trackbacks (1)

Interacting with the police

November 2, 2008

Another recent post sparked a comment and question from a visitor to my site.  He asked, “What orders of action can I refuse and what orders of actions am I required to perform?”  I get asked this question in various forms all the time.
The answer depends on what your legal status is at that time.  [...]

Criminal Procedure, Featured Tags: , , , , , , , , , , , , , , , , , , , , , , , , Comments (0) Trackbacks (2)