DUI Whether you were pulled over for a traffic violation or the police were called to the scene upon an accident, one drink or a few resulted in a DUI, or Driving Under the Influence, typically a misdemeanor offense. Perhaps the law enforcement officer initially wrote you up for exhibiting the familiar “signs of …
DUI in California: The DMV Process v. The Court Process Read More »
Tax evasion Perhaps one of the most infamous criminals the United States has ever known, Al Capone had many ties to the criminal underworld and had been in and out of jail for many petty offenses before he was finally convicted of tax evasion on October 18, 1931. Capone spent the next 11 years in …
Understanding The Remain Silent Right When Genevo Salinas, a suspect of the 1992 murder of brothers Juan and Hector Garza, remained unresponsive to a single question following an hour of police interrogation, he believed he was acting on his Fifth Amendment rights. However, Salinas was convicted on account of his silence when police asked if a …
Wrongful Conviction On December 17, 2014, George Stinney, convicted of first-degree murder, was granted a clear name with the reopening of his case. Upon investigating the circumstances of Stinney’s conviction, Judge Carmen T. Mullen found that his attorney and the prosecution did little to protect his constitutional rights during the short course of the trial. …
Convicted, Executed, And Then Exonerated? It’s Too Little Too Late… Read More »
Anyone facing false allegations of committing a crime needs to be proactive in mounting a defense. Especially if the person being falsely accused ends up going to trial to let a jury decide their fate. The majority of the general public who actually show up in criminal court when summoned for jury duty, hold law enforcement …
Falsely Accused? Be Proactive in Mounting Your Defense Read More »
There are several different types of criminal fraud which include health care fraud, investment fraud, mail fraud, wire fraud securities fraud, insurance fraud, theft by false pretenses, and embezzlement. No matter what type of criminal fraud charges a person is facing in California, the prosecution must be able to prove “beyond a reasonable doubt”, the …
A Criminal Fraud Conviction Requires “Intent to Defraud” Read More »
On November 4, 2014, California voters passed Proposition 47, the Safe Neighborhood and Schools Act. This new law will have an astounding impact on the criminal justice system statewide since it reduces a number of low-level theft and drug offenses to misdemeanors. The only possible exception is if the person has certain specified prior strike …
Being a Federal Cooperator Without Legal Counsel When the Feds are after a large target, usually the top people in a conspiracy ring, they will approach those individuals who are lower on the totem pole, and attempt to get them to cooperate before charges are filed against them. The agents will tell the potential cooperator …
Three strikes As an experienced Orange County criminal defense attorney, I have handled numerous “three strikes” cases. Those cases were considered “life cases” under the prior three strikes law, and included cases where the third strike was any non-serious and non-violent felony, including a simple drug possession charge. Thankfully, the law has changed. However, there …
California Three Strikes Law – Still Unfair for Some! Read More »
It’s no surprise that police officers have an enormous amount of power when they are dispatched to a call involving a potential crime, and have to make a decision on whether to arrest someone. The implications of that decision to arrest can have negative long term effects on a person, especially when charges are never …