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, […]
Read MoreIn California, you face a lesser punishment for pleading to Wet Reckless than to a DUI conviction. While a DUI carries a Mandatory 3 month Alcohol class, Wet Reckless a 12 hour class. There are usually lower fines for a Wet Reckless. It does not have the same insurance consequences. A Wet Reckless doesn’t result […]
Read MoreHere’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 […]
Read MoreIf you have a criminal conviction and were not advised of your immigration consequences. And if you are now experiencing removal proceedings or other immigration consequences. You can make a motion under Penal Code Section 1473.7 to have the plea vacated. You have to make the motion before or within a reasonable time after the […]
Read MoreWith the holidays upon us and everyone enjoying themselves, you may find yourself in situation with flashing lights in your rearview mirror. First, don’t drink and drive. The inconvenience and cost of an Uber or Lyft is nothing compared to the inconvenience and cost of getting charged with DUI. Should you find yourself in a […]
Read MoreCriminal Attorneys Have To Advise on Immigration It has long been the law in California and Federally, that the defendant’s attorney must know of and advise them of the immigration consequences of the charges they are facing and any possible plea offers that may be available to them. The state of the law in California […]
Read MoreIn a unanimous decision the California Supreme Court has held that law enforcement agencies have to turn over the names of dirty cops to DAs. The DAs then have to turn those names over to defendants. In California, information about dirty cops is available two ways. First, by looking at complaints in their personnel file […]
Read MoreThe California Supreme Court recently held that the police can’t enter your home by relying on a vague idea that someone might be injured in your home. In People v. Ovieda, the defendant was in his home with two friends when he started talking about suicide. At one point Ovieda grabbed a pistol, but the […]
Read MorePitchess Motion: What to Do If the Police Lied On Your Arrest Report or in Court You can fight if a Cop lied on your arrest report in your case or in court! There is a process called a Pitchess Motion wherein in a Defendant about whom the police lied, in an arrest report, criminal report or […]
Read MoreHere are the changed laws that are relevant to criminal defense practice: Changes in the Code of Civil Procedure. Code of Civil Procedure 203: Amended to allow those with a felony on their record who are not in prison or on parole to serve on juries. Changes in the Evidence Code. Evidence Code 782.1: Added […]
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