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April 12, 2012

Petty Theft Case Dispositions

I hear people say, “I was arrested for a petty theft, I did it, I just want to get this behind me. I’m going to just go in, plead guilty or no contest, pay the fine, and get probation.” What’s wrong with that? EVERYTHING. Petty…

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February 13, 2012

Red Light Camera Tickets

A new case just came down from the California Court of Appeal, People v. Borzakian, cite as 2012 DJDAR 1923 (until the actual opinion is published in the advance sheets). The case holds that: “Police officer is not qualified to authenticate photographic evidence of traffic…

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November 21, 2011

Not Guilty, Guilty, No Contest: What’s The Difference

I am asked this all the time, so here’s the answer: A plea of no contest is the same as a plea of guilty except that it cannot be used against the defendant in a civil case, based on the same facts, if the plea…

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November 15, 2011

DMV Admin Per Se Hearing

Have you been arrested for a DUI? Did the officer give you a pink temporary license? Have you read it? Have you called DMV to schedule a hearing? These are important things. I can’t tell you how many people have been given misinformation about this.…

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October 28, 2011

Occupy Oakland

I went by Frank Ogawa Plaza this morning to check on Occupy Oakland. There’s far fewer tents than were there last week and far fewer people. It’s interesting that there are any tents at all. It seemed to me that all the violence of the…

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October 05, 2011

Political Candidates

Are you fed up with what you see in Washington, Sacramento, or your local community government? Join the club. Are you thinking of joining Occupy Wall Street? OK, I’m all for it. Are there people you want to vote for but you don’t live in…

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August 14, 2011

More To Addiction Than Substance Abuse, Group Says

Addiction is a chronic brain disorder that should be treated like any other chronic disease, according to a new definition from the American Society of Addiction Medicine. In a public policy statement, the group emphasized that neurological mechanisms — disruptions in neurotransmission, interruptions in the…

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August 02, 2011

Deferred Prosecution For Big Corporate Crooks – But Not For Petty Thieves

Here’s a really interesting story in the New York Times. It describes how federal prosecutors in multi-million dollar fraud cases against banks and Wall Street firms are allowing these cases to be resolved by deferred prosecution. What deferred prosecution means is that prosecutors clearly have…

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July 01, 2011

Not All Criminal Accusations Are Valid

The sexual assault case against Dominique Strauss-Kahn is crumbling. Was there a shakedown? A conspiracy? We’re going to find out. The point is just because there’s an accusation, an arrest, a “victim” making a statement, and the police making an arrest — That does not…

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June 28, 2011

Oakland Tribune – Published Letter To The Editor

Controlling drinking NOW THAT the government has appropriately mandated graphic warning labels for cigarette packaging, can we expect similar appropriate warnings on alcohol packaging? If a six-pack of beer or a bottle of liquor came with a photograph of a DUI death victim, side-by-side photos…

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June 28, 2011

Petty Theft Issues – Juvenile

Someone just asked me whether he has been convicted of a crime if he was cited for petty theft as a juvenile but then received a letter saying that no court appearance would be necessary and no further action would be taken. He was concerned…

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