Tag: criminal defense

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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Pitchess Motion: Fight if the Police Lied

Pitchess 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 […]

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New Laws 2020

Here 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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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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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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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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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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