orange county criminal lawyer

State and Federal Prosecutors: What Happens When They’re Not Just?

One of the most disconcerting things for a defendant to face is when they sit in trial for a crime they allegedly committed and see the prosecutor engaging in behavior that is wrong in every sense of the word. The legal term is “prosecutorial misconduct” and it can occur at any point during criminal proceedings …

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Criminal Defenses:  Mistake of Fact and Mistake of Law

Criminal defenses Any reputable criminal defense attorney knows how important it is to assess a client’s criminal case for any potential legal defenses to the crime(s) being charged.  There are specific defenses that are in the California criminal jury instructions (CALCRIM) that lay out all available affirmative defenses for crimes.  Two of the most common …

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RICO Charges in Federal Court

  On October 15, 1970, the Organized Crime Control Act of 1970 became a law. In this Act is the Racketeer Influenced and Corrupt Organizations Statute, better known as the RICO statute. The RICO statute’s purpose is to eliminate the infiltration of organized crime and racketeering into legitimate organizations operating in interstate commerce. Originally, its …

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Understanding Your Right to Remain Silent

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 …

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Falsely Accused? Be Proactive in Mounting Your Defense

  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 …

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The Passage of Proposition 47 Mandates Several Common Felony Crimes To Be Deemed Misdemeanors

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 …

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Search Warrant Now Required for Cell Phone Search of Arrestee

As an Orange County criminal attorney who handles drug and gang cases, I’m frequently asked about search warrants of cell phones after an arrest.  In drug cases, the police will confiscate the cell phone the alleged drug seller has in his possession, and go through the text messages looking for evidence of any indicia of …

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California Receiverships Imposed in White Collar Crime Cases

Receiverships Both California state courts and federal courts often impose receiverships in civil, administrative and criminal cases.  This post will be limited to discussing California state law regarding receiverships. What is a Receivership? Generally, a receivership removes the property or business from the control of its owners during litigation proceedings.  Receiverships are more common in complex …

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