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Yearly Archives: 2018
What Happens After Being Served With A California Domestic Violence Restraining Order?
Under California law, you could be served with a restraining order for a multitude of reasons. A domestic violence restraining order is used when there has been alleged abuse from a spouse, former spouse or someone the plaintiff is dating or used to date. It…
Ambulance Chasing Pond Scum
Like most criminal defense practices, we send out legal advertising that offers a free consultation to individuals who have been arrested. Below is a letter that I received from an unidentified correspondent: If I were to call anyone, it would be a different law office…
Breath Machines Are Not Reliable – New York Times
This New York Times article is certainly worth a read. It outlines the problems inherent in the alcohol breath tests that are currently in use. It remains to be seen what action the Alameda County District Attorney’s Office will take in the face of this…
What The End Of California’s Cash Bail System Could Mean For You
At the end of August, the California governor signed a bill to reform the bail system. The law eliminates the widely used cash-bail system and replaces it with a risk-based bail system. The purpose of a cash-bail system was to ensure defendants show up in…
Avoid A DUI During Labor Day Weekend
According to the National Highway Traffic Safety Administration (NHTSA), Labor Day Weekend is considered one of the most dangerous periods of the year to be on the road. In past years, the California Highway Patrol (CHP) has announced a Labor Day Maximum Enforcement Period, which…
Password Email Scam – Don’t Be Fooled
I received one of these “We’ve got your password – Send us money with Bitcoin” emails today. I was quite sure it was a scam and did some research. Bottom line: Don’t panic, don’t respond. Here’s an excellent article about it. Question: What is Law…
What To Do If You’re Charged With A White Collar Crime
Since Enron’s corporate fraud case made national news, white collar crimes have come into focus in the United States. Since the 2006 case went to United States District Court for the Southern District of Texas, the criminal justice system has been particularly strict in charging…
I Was Arrested But I Wasn’t Read My Rights
In 1966, the Supreme Court ruling of Miranda vs. Arizona created the “Miranda Warning” or more commonly known as the “Miranda Rights.” Police officials inform accused parties of their Fifth and Sixth amendment rights as part of due process of the law. Being arrested and…
Can I Be Charged With Domestic Violence If I Assault A Roommate?
When one thinks of domestic violence, commonly, that violence occurs between either spouses, significant others or family members. But when an assault or battery occurs between two roommates, does this count as domestic violence? The short answer – no, not typically. And here’s why. Domestic…
What Happens If I Violate A Domestic Violence Restraining Order?
If you are accused of domestic violence in California, then you may find yourself the subject of a restraining order (also known as a protective order). Protective orders are designed to protect a person from abuse, harassment, stalking and threats by the person named in…
How Could California Marijuana Legalization Change DUI Stops?
As you already know, recreational marijuana was recently legalized in California. Law enforcement agencies have expressed concern that legalization will lead to more instances of impaired driving. However, there is no state law that defines what qualifies as “impaired” for a marijuana DUI. In California…
Court Fails To Abstract DUI To DMV
Here’s a weird glitch that has been coming up lately that people should be aware of. It comes up in the context of a DUI conviction following an Ad Min Per Se suspension of the client’s California Driver’s License. Assume a routine, garden variety DUI…
What Does Immunity Mean For A Witness?
When a witness is brought in for questioning, they may be asked to provide evidence that could potentially incriminate them. The Fifth Amendment, however, protects witnesses from sharing incriminating information against themselves should it be invoked, and the witness refuses to answer any more questions.…
Marijuana Breathalyzer Completes Field Testing In California
A marijuana breathalyzer developed by Hound Labs in collaboration with the University of California, Berkeley finished field testing in California. The breathalyzer, which detects concentrations of THC in a person’s breath, is the latest in cannabis detecting technology to stop drivers from driving high. The…
Some Advice From Your Public Defender
I’m not a Public Defender, and I did not write this, but there is an element of truth that shines through this essay that I really like. It’s well worth the read. Louis First, let me say I love my job and it is a…
Marijuana DUI
Despite all the handwringing about driving under the influence of marijuana in the brave new world of legalized recreational pot, little will change in terms of motorist behaviors, arrests, or prosecutions. As a longtime criminal defense attorney and former prosecutor who has handled thousands of…
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