Los Angeles Expungement Attorney
Contrary to common belief, California does not have an expungement statute. Instead, California law contains a dismissal statute formally called “Dismissal Pursuant to P.C. 1203.4.” This remedy does not erase or delete the conviction from someone’s record but rather adds a notation on their record that the conviction was dismissed pursuant to P.C. 1203.4. There […]
Los Angeles Warrant Attorney
Warrants are issued against someone for a number of reasons. The most common form of warrant is a “Bench Warrant” issued by the judge after someone fails to appear in court. Upon issuing a warrant, the court updates its system allowing police officers the ability to “run for warrants” within their mobile or vehicle devises […]
Newport Beach Miranda Rights Attorney
Contrary to Popular belief, police officers are not always required to admonish a suspect of their Miranda rights (see Miranda v. Arizona). Instead, Miranda warning are required if two conditions are met: 1) a suspect is in custody; and 2) subject to interrogation. Miranda issues are extremely fact specific requiring an analysis of the totality […]
California Unlawful Search and Seizure
In California, all motions alleging unlawful searches and/or seizures are brought under Penal Code § 1538.5. Once a motion is filed, a hearing will be scheduled where the prosecutor has the burden to prove before the judge by the preponderance of the evidence that all defense contested areas under the Fourth Amendment were lawful. Search […]
