California PC 402(a) – Going to the Scene of an Emergency (Sightseeing)
In California, PC 402(a) provides that “every person who goes to the scene of an emergency… for the purpose of viewing the scene or the activities of police officers… coping with the emergency in the course of their duties during the time it is necessary for emergency vehicles or those personnel to be at the […]
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 […]
California Court of Appeal Upheld Dismissing Sex Charges for Prosecutorial Misconduct
On February 24, 2015 the California Appellate Court for the Fifth District (People v. Velasco-Palacious (2015)) upheld a trial court’s order to dismiss accusations of the defendant who was accused of committing lewd and lascivious acts with a child under 14 years old, a violation of California Penal Code 288(a). The trial judge dismissed the […]
California Penal Code 415 PC – Disturbing The Peace
In California, disturbing the peace can occur through offensive words, fighting, or playing loud music. Usually individuals are arrested or cited under this statute that is completely subjective on part of the police officer or the person who complained. It’s important to note that the activity of the defendant is measured objectively. Disturbing the peace […]
California PC 647(f) | Public Intoxication
In California, public intoxication, commonly referred to as “drunk in public” is a charge frequent within the Los Angeles and Orange County beach surrounding areas – i.e., Newport Beach, Huntington Beach, Manhattan Beach, Hermosa Beach, Santa Monica, and Venice Beach. Often times, police officers fabricate or exaggerate the circumstances to justify one’s arrest. This usually occurs […]
