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…
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…
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…
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…
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…
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…
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…
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.…
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…
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…
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…
In many cases, people are accused of stalking even though under the definition of the law, they did not commit any acts that would be considered stalking in California. Definition of Stalking in California CA.gov features a page on stalking in California. The page has…
I recently had a discussion with some friends who expressed frustration about not being able to vote in elections that they cared about because they did not live within the voting jurisdiction. There are lots of ways to influence an election. You can knock on…
Want to do something really scary for Halloween? How about sitting with your hands cuffed behind your back in the hard plastic seat of a police car? So if you’re a ghost or goblin who is planning on a few social alcoholic treats for Halloween,…
Just because you failed a blood, breath or urine test does not necessarily mean a criminal defense attorney cannot get a Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) charge reduced or even overturned. How to Challenge DUI and DWI Blood, Breath and…
Although medical marijuana is now legal in California, it’s still illegal to drive under the influence of any drug or alcohol. For alcohol cases, this is usually a simple question. A person is either over the legal limit of a .08, or they’re not. Although…
Many people do not realize that the Internet is a public place and every transaction that takes place has a backlink thread. In many situations communications are transmitted from one state to another or from one nation to another, making any criminal activity committed online…
Word is that police arrested Tiger Woods for suspected DUI. News reports say that police smelled a strong odor of alcohol. The police say that Mr. Woods refused a chemical test and was “arrogant.” Tiger says he fell asleep because of prescription drugs he took…
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