Recent Articles

How a DUI Breath Test works. We know the Science for You.

Here’s How the Breath Test Works in Los Angeles County. In Los Angeles, the CHP and LAPD use the Intoximeter EC/IR machine to breath test those they arrest for DUI. You should not refuse (the implied consent test). This is the test given at the police station. The EC stands for electrochemical. This is how […]

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How Does Bail Work?

Put simply, bail is the security for your appearance at court through trial. Upon your being booked the police set bail using a bail schedule.  Here for misdemeanors or Here for felonies.  The amount is based solely on what you were charged with and is cumulative.  That is, if you were charged with three offenses, […]

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How the CA DUI Blood Test Works.

As part of the California Implied Consent Law, a person arrested for DUI is given the option of taking a breath or a blood test. For reasons I discuss elsewhere, blood testing is now my recommended choice. Remember: unless you are under 21 or on DUI probation you are free to refuse the handheld Breathalyzer given […]

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How to Take Advantage of CA Prop 47

This is an exciting development for people convicted of certain felonies.( I list them below.) Prop 47 allows reduction of felonies to misdemeanors. One of the most important things about this Proposition is it applies retroactively. This means no matter when you were convicted you can get your felony reduced to a misdemeanor. As you know, this […]

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Immigration/Criminal: Post Conviction Relief Overview

If you have an older conviction out there it’s not the end of the story. Post conviction relief can make a criminal conviction, even a bad conviction, look better.  You have a number of ways to get relief. Detention vs. Arrest (PC 849.5) If the cops ‘arrested’ you, but they didn’t file criminal charges; then […]

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The Importance of Fighting Your Criminal Case When You Are Not A Citizen

Any criminal conviction can cause serious immigration problems if you are not a US citizen. If you are out of status, that is undocumented or “illegal”, then it will definitely cause serious problems. Know that under the current xenophobic administration, what will and will not work can change in an instant so be careful with […]

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Improper Intrusions Into Jury Deliberations

The Court doesn’t want to be faced with a hung jury. A hung jury is a jury that can’t come to a unanimous decision. The Court will often try to push the jury into reaching a verdict. The Court has to be very careful about how far it can go. People v. Moreno In the […]

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LA County Judicial / DA Voting Guide

As you know I practice criminal defense and am in the courtroom daily. Every election cycle I see friends pass around election slates on social media and every cycle I cringe because there are always some very questionable choices being passed around. The majority of voters do not know much about the candidates running for […]

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Mental Health Diversion

For far too long the criminal justice system has warehoused and punished people who are competent, but suffer from a mental disorder. The criminal system doesn’t treat people with a mental disorder. In 2018 the California legislature passed and the Governor signed a bill authorizing people with mental illness to be taken out of the […]

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This Month in Bastard Cops

In Oakland CA, Sheriff’s deputies brought the tank pictured below to evict a woman for failure to pay rent: ICE and Border Patrol have been ordered to detain persons of Iranian descent, regardless of their citizenship In West Virginia, 28 members of Corrections Officer Basic Training Class 18 were fired for giving the nazi salute […]

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