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Criminal Law

Southern California Criminal Defense Blog

Information about California Defense Law as well as up-to-date news from the legal sector.
By Walin & Klarich

Post Frequency: 9.1/day

Last Entry: April 01, 2011 at 15:11:30

Miranda Rights and Initiating Further Communication with the Police

Posted on June 21, 2009
The United States Supreme Court has made it clear that an accused person who invokes his right to have counsel present during custodial interrogation may not be subjected to further interrogation by authorities without the presence of counsel, unless the accused initiates further communication with the police...

INS Agents Arresting Suspected Illegal Aliens in Los Angeles Courtrooms

Posted on June 20, 2009
A recent report in the Los Angeles Daily Journal indicates that in the last few months several suspected illegal immigrants were arrested inside downtown Los Angeles immigration courts while they waited for their court hearings to begin. One local INS attorney stated that these arrests are ?shocking...

Big Bear and Needles Criminal Courts to Be Closed

Posted on June 19, 2009
Criminal Courts in Big Bear and Needles to Close-Why You Will Need a Criminal Defense Law Firm in Barstow and Victorville to Help You With Your Case The San Bernardino County Courts have just advised that effective very soon, all criminal cases pending in the Needles or Big Bear courts will be transferred and heard in other San Bernardino Court locations...

San Diego Theft and Burglary Defense Attorneys

Posted on June 18, 2009
San Diego, CA, located along the Pacific Ocean in the Southwest portion of California, is the eighth largest city in population in the United States. San Diego is 372.1 square miles in size, and enjoys a Mediterranean to Semi-arid climate year round. San Diego?s economy is fueled by defense (home to the largest naval fleet in the world), manufacturing (home to companies such as Qualcomm Incorporated), and tourism (home to numerous points of interest that include the San Diego Zoo and Sea World)...

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Juveniles Facing Life in Prison Challenging Sentencing Based Upon Cruel and Unusual Punishment Provision of United States Constitution

Posted on June 18, 2009
It was reported in the Los Angeles Daily Journal recently that there are over 2,000 juveniles in custody facing life sentences without the possibility of parole in the United States at this time. Two cases pending before the United States Supreme Court challenge the constitutionality of these harsh sentences for juvenile crimes...

What is Important in a California DMV Hearing?

Posted on June 17, 2009
Do Not Take Your DMV Hearing Lightly, the Risks Are Too High ? Hire an Experienced DMV Hearing Attorney Generally, only 8% of people arrested for a DUI request a DMV hearing in California. Of these 8%, however, 34% of them actually keep their driving privileges as a result of demanding such hearings...

Los Angeles Theft and Burglary Defense Attorneys

Posted on June 16, 2009
Los Angeles, CA is the second largest city in the United States in terms of population. Measuring in at 498.3 square miles, Los Angeles is a hub of commerce and tourism, and is home to over 3.8 million residents. Los Angeles is one of the most diverse cities in the world, with visitors from across the globe choosing to become ?Angelinos? everyday...

The Difference Between a Lawful and Unlawful Arrest Without a Warrant

Posted on June 16, 2009
Arrest Without a Warrant Must Be Supported by Objective Facts Justifying a Reasonable Belief that an Individual Has Violated the Law ? What an Experienced Criminal Defense Attorney Can Do for You In order to justify an arrest without a warrant, the actions of the arresting officer must be objectively reasonable...

California Theft Crimes and Specific Intent: How a Skilled Attorney Can Win Your Case

Posted on June 15, 2009
To a person unfamiliar with the law, theft in California may seem to be a very simple and easy-to-prove crime when in fact, it is not. To convict a person of theft, the prosecution must show beyond a reasonable doubt that a person took property that did not belong to him or her with ?the specific intent? to permanently deprive the true owner of that property...

Consequences of Underage Drinking and Possession of Alcohol

Posted on June 14, 2009
Minor in Possession of Alcohol: You Need an Experienced Criminal Defense Attorney to Fight the Charges Are you a minor who was recently cited for drinking alcohol? Does your son or daughter face these charges? If your answer is yes, you are not alone...

Anonymous Tip Can Lead To A DUI Stop and Investigation

Posted on June 13, 2009
The anonymous tip is becoming an increasingly annoyance to the drunken driver. More and more California DUI arrests are the result of another person making an anonymous phone call to police reporting what appears to be a drunk driver. Unfortunately, courts are becoming increasingly more lenient in the legal requirements necessary to initiate a police stop based upon an anonymous tip...

Educating Your Kids About the Law to Prevent Juvenile Crimes

Posted on June 12, 2009
Being a parent can be overwhelming, especially knowing we are legally responsible for our kids? actions until they reach the age of majority. Eighteen is the age of majority is most states including California. While we do the best we can to teach our kids good morals and values, right from wrong, there might come a time when kids make the wrong choices...

A Vehicle Stop Can Be Based Solely On a Vehicle Code Equipment Violation

Posted on June 11, 2009
One of the most frequent causes of drunk driving arrests is being pulled over for something as trivial as a vehicle equipment violation. Some commonly cited equipment violations frequently used to justify a stop and subsequent DUI investigation include: defective headlight, taillight, brake light, absence of license plate, etc...

City of Orange Child Custody and Support Attorneys

Posted on June 11, 2009
The City of Orange is located in Orange County, California with a population of over 138,000 in 2005. Orange is known for its charming downtown area with houses build before 1920, reflecting its town motto, ?A slice of downtown charm?. As home to thousands of businesses, ranging from major Fortune 500 companies to family-owned stores, Orange is home to the oldest university in Orange County, Santiago Canyon College...

Grounds for Being Convicted of Receiving Stolen Property

Posted on June 10, 2009
A California Appellate Court affirmed once again that a person convicted of theft in California cannot also be convicted of receiving stolen property when the property in question is the property of the theft. The courts have long recognized that a crime of theft and/or robbery is the taking of personal property of another...

California's Secondary Evidence Rule (Part 2)

Posted on June 09, 2009
Continued here is a discussion of People v. Coon in which the admissibility of writing in court, such as faxed documents, calls for analysis under the Best Evidence Rule, referred to as the Secondary Evidence Rule in California. James Dale Coon challenged his charges in a California appeal based on the argument that the trial court prejudicially erred in admitting faxed copies of certified court records to determine he was on bail when he committed the crimes...

Alameda County Child Custody and Child Support Attorneys

Posted on June 09, 2009
Alameda County, CA occupies most of the East Bay region of the San Francisco bay area, and measures around 737 square miles. Alameda County is the 7th largest county in the state of California. In 2008, Alameda County?s population was estimated at 1,474,368...

California's Secondary Evidence Rule (Part 1)

Posted on June 08, 2009
THE ADMISSIBILITY OF A WRITING IN COURT REQUIRES ANALYSIS UNDER THE BEST EVIDENCE RULE, KNOWN IN CALIFORNIA AS THE SECONDARY EVIDENCE RULE PEOPLE v. COON Faxed copies of documents properly admitted per secondary evidence rule where no genuine dispute existed as to authenticity...

Challenging the Justification for a Protective Order On the Basis of Insufficient Evidence

Posted on June 07, 2009
The issue in People v. Ponce circulated around jurisdictional validity of the trial court's decision to issue a three-year protective order during sentencing. At defendant Ponce?s sentencing hearing, the prosecutor requested the court to issue a protective order for Lucero...

California Constitutional Rights: Being Approached Without Probable Cause or Reasonable Suspicion Doesn?t Justify Accosting an Officer

Posted on June 06, 2009
Just because an Officer violates your Constitutional Rights doesn?t mean you can break the law. A California Appellate Court reasoned recently that if an officer approaches you without probable cause or reasonable suspicion and in violation of your Constitutional Rights, it doesn?t give you the right to accost or assault him or violate the law yourself...

911 Calls and Anonymous Tips are Enough for an Officer to Detain you and Conduct a Cursory Search for Weapons

Posted on June 05, 2009
Recently a California Court of Appeals decision affirmed that an officer is not violating your constitutional rights if he stops you and searches you for weapons based on an anonymous tip, so long as that tip provides the officers with detailed information...

How is Driving Under the Influence of Drugs in California Different than Driving Under the Influence of Alcohol?

Posted on June 04, 2009
Anyone who drives while using drugs, either legal or illegal, can be arrested for driving under the influence of drugs (DUID). In California, DUID is prosecuted in much the same manner as driving under the influence of alcohol (DUI). However, unlike drunk-driving cases, there is no legal limit when it comes to driving under the influence of drugs in California...

Fresno County Child Custody and Child Support Attorneys

Posted on June 04, 2009
Fresno County, California is the tenth most populous county in California, and is the sixth largest in size. It is home to an estimated 1,002,284 residents, and is located south of Stockton and north of Bakersfield. According to the 2000 census, Fresno County, CA is one of the largest, most diverse, and fastest growing counties in the state of California...

Family Law Attorneys and Divorce Lawyers in Los Angeles County

Posted on June 04, 2009
Los Angeles County is a booming economic region within the country, providing employment for hundreds of thousands of families. Los Angeles County is the largest county by population in the United States at over 10 million people. With such a growing population, an increase in couples starting a family and calling Los Angeles County home is inevitable...

Los Angeles Child Custody and Child Support Attorneys

Posted on June 04, 2009
Los Angeles is the largest city in California and the second largest in the United States. As a booming economic region within the country, it?s no wonder that Los Angeles is part of the largest county by population in the United States at over 10 million people...

California Threshold Blood Alcohol Content Lowered for Drivers With Prior DUI Offense

Posted on June 03, 2009
California recently lowered the threshold blood-alcohol content for drivers who have already been convicted of a DUI offense in California. Now, anyone on probation for driving under the influence can be judged as a repeat offender if found to be behind the wheel with any measurable alcohol on his or her breath...

Reckless Driving in California: Understanding the Law and What You Can Do if Accused

Posted on June 02, 2009
Reckless driving, defined in Section 23103, is one of the most vaguely worded statutes in the California Vehicle Code. It states that ?[a]ny person who drives any vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving...

San Bernardino County Child Custody and Support Attorney

Posted on June 02, 2009
San Bernardino County, California is 20,160 square miles of valleys and mountains located in the southeastern part of California. It is the largest county by area in the United States, and is part of the Inland Empire. About 90% of the county is desert, with the remaining 10% consisting of the San Bernardino Valley and the San Bernardino Mountains...

California Sexual Assault Charges against 78 Year Old Respected Medical Doctor

Posted on June 01, 2009
Recently a 60 year old patient has accused Dr. Horace Newhard, a family doctor who has been a medical doctor since 1973, of sexual assault in California. The patient alleges that during a medical exam of her vaginal area that the doctor "thrust something into her" and then she felt the doctor touch her breasts...

Vehicular Manslaughter Charges Filed in Death of Angels Pitcher

Posted on May 31, 2009
According to an latimes.com report, Andrew Thomas Gallo, 22, of San Gabriel was charged with three counts of murder, hit and run, and drunk driving in Orange County for his alleged role in the death of 3 individuals: a promising Angel?s pitcher, a Cal State Fullerton communications student and an aspiring sports agent...

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