Tag: criminal defense

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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But Officer I Only Had One Or Two Beers

I Only Had One Or Two Beers Is Usually the Wrong Answer. You invariably tell the arresting officer that  you had “one or two beers” when asked. This is a mistake for two reasons. First, if you are pulled over you are under no obligation to assist the police officer in building a case against […]

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Brenner and the DMV DUI Hearing. How to fight a DUI!

Brenner and the DMV DUI Hearing I often refer to the DMV DUI hearing (Department of Morons and Villains h/t Ed Kuwatch) as a “Kangaroo Court” because the DMV Hearings Officer, often a person with no legal training, acts as the prosecutor, judge and jury. The defense bar recently got a little help keeping client’s licenses […]

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Breath Tests Are Inaccurate.

I have been saying this for years, as has anyone who works in the system. Now the NY Times has written an expose on the intrinsic problems, software and hardware, with breath testing machines. The full article is here.  The study was done in conjunction with the FX show The Weekly and was broadcast 11/3 […]

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Being Suspected of Robbery Doesn’t Give Cops Right To Pat You Down.

In the case of In Re Jeremiah S. the First District of the California Appellate Court held that the police can’t just frisk you because they suspect you of committing robbery. The cops received a radio call that a woman had her purse and cell phone stolen. The radio call identified the suspects as young […]

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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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