Tag: criminal defense

Government Can’t Search Your Phone or Laptop at the Airport

A Federal Court Massachusetts has ruled that the government can’t search your cellphone, laptop or other electronic devices at the airport without reasonable suspicion that evidence of a crime is stored on the device.  Up until now, ICE has been routinely searching peoples phones and laptops at the airport without probable cause. The Fourth Amendment […]

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Fermentation in CA DUI Blood Test Samples:

Problems With the CA DUI Blood Test: Fermentation and Contamination. Fermentation The first problem with blood testing for alcohol is that it’s impossible to tell how much alcohol was created by later fermentation of the sugars in blood by microorganisms. In other words, the microorganisms naturally present in the blood begin to produce alcohol in […]

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DUI Travel Restrictions: Can you go to Canada?

DUI Travel Restrictions: Canadian Entry Got a DUI and going to Canada?  Canadian entry can be denied because of DUI Travel Restrictions. Canada treats a DUI as a felony (in Canada, it’s a National Crime as opposed to a Misdemeanor) and will not allow you to enter by plane or apply for visa. Although, clients […]

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DUI Interview With Mark Rosenfeld

DUI Interview With Mark Rosenfeld (Mr. DUILA) THE CHALLENGES OF DEFENDING SOMEONE ACCUSED OF DUI AND DOING IT RIGHT Here is the DUI interview I did with DUI attorney Mark Rosenfeld, Mr. DUI LA. It includes us talking about the challenges of DUI Defense and going through a recent DUI trial victory of mine. In the […]

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DUI Blood test or Breathalyzer in CA? Which Should I Take?

Blood Test or Breathalyzer: Which Test Makes It Easier To Fight Your DUI? I used to say that it didn’t matter which test you took because both of the tests were subject to attacks. These attacks are based on scientific problems with the tests themselves. As a result of the decision of the California Supreme […]

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DUI: The “D” Stands for Driving

The Prosecutor Must Prove Driving In Your DUI Case. In California, the “D” in Driving Under the Influence stands for driving. Some states allow conviction for DUI if you are operating or in control of the vehicle. In California, a DUI requires some ‘volitional movement of the vehicle’. Do the cops need to see you driving […]

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Don’t Fear Character Evidence

Lawyers are often scared of character evidence. They fear that even bringing in vague good character evidence will open the door for bad character evidence in rebuttal. When Is Character Evidence Admissible? California law says character evidence is admissible “if offered by the defendant to prove his conduct in conformity with such character or trait […]

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Court Rules Possession of Marijuana Not Probable Cause to Search Car

In the recently decided case of People v. Lee, the Appellate Court of San Diego County ruled that possession by a driver of a legal amount of marijuana doesn’t give the police the right to search the car for evidence of other crimes. Mr. Lee was pulled over when the cops noticed that his car […]

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Court Fees after Conviction Have To Be Based On Ability To Pay

If you are convicted after a trial or plead guilty to a crime, in addition whatever other punishments are imposed the trial court has to impose certain fees. It is not a probation violation not to pay these fees. However, if they aren’t paid at the end of probation then a civil judgment is entered […]

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Can I Drop Domestic Violence Charges Once I’ve Made A Complaint?

No.  You cannot drop Domestic Violence charges once you’ve made a verbal or written complaint. The reason lies in the nature of criminal cases in that, unlike civil cases, it’s simply not your case.  Your part is solely as a witness.  The criminal case belongs to the prosecutor and only s/he can drop charges.  And […]

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