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July 30, 2018

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…

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July 25, 2018

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…

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July 17, 2018

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…

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June 28, 2018

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…

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June 14, 2018

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…

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April 14, 2018

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…

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February 21, 2018

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…

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February 15, 2018

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.…

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January 20, 2018

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…

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January 18, 2018

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…

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January 01, 2018

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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November 20, 2017

What Acts Are Considered Stalking In California?

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…

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November 14, 2017

Political Donations

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…

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October 30, 2017

Want To Contribute To A Safer Halloween?

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,…

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October 25, 2017

Can I Fight A DUI Charge If I Failed A Blood, Breath Or Urine Test?

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…

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August 18, 2017

Have You Been Accused Of A Marijuana DUI?

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…

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July 18, 2017

Federal Charges For Online Offenses

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…

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May 31, 2017

Tiger Woods Facing DUI Charges

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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