A majority of under the influence charges are built upon a single police officers observations of a suspect. A problem arises for the prosecutor when…
Read Full ArticleTransportation of a controlled substance carries a prison sentence and is not subject to reduction via Proposition 47. Consequently, one faces a felony conviction and…
Read Full ArticleIn 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…
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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.”…
Read Full ArticleWarrants are issued against someone for a number of reasons. The most common form of warrant is a “Bench Warrant” issued by the judge after…
Read Full ArticleContrary to Popular belief, police officers are not always required to admonish a suspect of their Miranda rights (see Miranda v. Arizona). Instead, Miranda warning…
Read Full ArticleIn 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…
Read Full ArticleOn 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…
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