Tag Archives: police

Shoplifting and theft defense - California (Orange and L.A. County)

December 15, 2008

Shoplifting (or “petty theft”) is one of the most frequent crimes people ask me about.
The story is usually one of these two:  My (son, daughter, husband, friend) was arrested for shoplifting.  They’ve never even had so much as a traffic ticket and now they’re facing criminal charges.   Or - I’ve been accused of stealing from [...]

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To prove DUI, they must prove… driving

November 24, 2008

It may go without saying, but in order for the prosecution to prove a case of DUI against you, they have to be able to prove you were driving. I’ve talked before about problems with the blood alcohol results and the defenses you may have against a DUI charge.  But aside from those defenses, what [...]

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How is evidence suppressed in court?

November 18, 2008

In order for evidence to be admissible against you in court, it must be relevant and competent.  Relevant means it must have something to do with the case.  It must tend to prove or disprove any fact at issue.  For example, drugs found in a search in a drug case would obviously be relevant.  Competent [...]

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Is a petty theft/shoplifting charge a big deal?

November 17, 2008

Don’t be fooled by the name of the crime - “petty” theft.  It is a misdemeanor that carries up to six months in jail and a fine of $1,000.
But there’s more…  If you are convicted of any theft offense - petty theft, burglary, auto theft or grand theft to name a few, that conviction can [...]

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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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