Tag Archives: orange county defense lawyer

What is a preliminary hearing?

November 12, 2008

If you are arrested for a felony in California, the question that is probably going through your head is, “Now what happens to me?”  Unless you make bail, you will remain in custody throughout your court case.  Your first court appearance is the arraignment.  (See this post for more information on the arraignment.)  After that, [...]

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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 [...]

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10, 20, Life firearm allegations - Orange County weapons defense lawyer

October 20, 2008

In 1997, Penal Code section 12022.53 was enacted, drastically increasing the punishment for the use of a firearm during the commission of a crime.  Under the old law, the use of a firearm during a felony added several years.  After the “10-20-Life” section of 12022.53 came about, prison sentences grew.  But does this apply to [...]

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“You have the right to remain silent . . .”

October 7, 2008

Often, people will complain to me that the police never read them their rights when they were arrested. Despite what’s shown on TV and in the movies, the police do not have to read someone their rights the second they’re arrested.  The Miranda rights (”You have the right to remain silent”, etc.) are only required [...]

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My son was arrested for misdemeanor shoplifting. Now he faces felony burglary charges. How did that happen?

September 20, 2008

Burglary is when a person enters a building with the intent to steal or commit a felony inside. The prosecution must feel they have evidence to show your son’s intent to steal before he entered the store. If they cannot show that intent, the burglary charge must be dismissed.  Since burglary is a felony and [...]

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