The following video has caused an uproar because many people believe it shows a police officer planting narcotics in a suspect's car. The police have defended the officer saying he did nothing wrong. Watch the video, read the article, and decide for yourself.
With the holiday season here, be careful driving home from holiday parties. Law enforcement will be out in full force between now and the beginning of the new year. Make sure to have a designated driver or number to a local cab.
I'm contacted a lot by people who have had their identity stolen and, as a result, have active tickets and warrants in the court system in their name. Here is a link to a website that offers good advice on what to do if you have been a victim of criminal identity theft. Also, in Los Angeles, you can get what is called a "Wrong Man's Certificate."
The largest medical marijuana advocacy group is suing the Obama administration in federal court claiming the 10th Amendment prevents the federal government from interfering with California's public health care laws. This lawsuit is in response to the October 7th press conference whereby the DOJ announced they would attack California's medical marijuana laws.
California is allowing local communities to decide how they want to treat non-violent prisoners recently released from prison. Santa Clara is taking a unique approach to cut down on the revolving door that is usually associated with individuals released from prison. Santa Clara is sending a team to meet released prisoners to help them find a job, a place to live, and even provide free medication. Read more.
Governor Brown signed into law today a measure that makes it illegal for prisoners to have cell phones. I would think it would be near impossible for a prisoner to smuggle a cell phone into jail, but apparently not. My favorite part of this article is how it casually mentions that Charles Manson was caught with a flip phone.
In Los Angeles, DUIs are prosecuted under Section 23152 of the Vehicle Code. Section 23152 and DUIs in general involve two counts. The first count is called the (a) count and covers driving under the influence. The second count called the (b) count covers driving with a BAC of .08 or higher. Therefore, under rare circumstances, a person can be charged with a DUI under the (a) count even if their BAC was under a .08.
All criminal laws are based on statutes. The most common statutes are listed under the Vehicle Code (DUI and driving offenses), the Penal Code (most criminal violations), and the Health and Safety Code (drug crimes).
The California State Assembly passed a bill that would require police officers to obtain a warrant before searching an individual's cell phone. This is a victory for all those who believe in the 4th Amendment protection against unreasonable searches and seizures.
Under Proposition 36, California law allows defendants charged with non-violent drug possession to complete a drug rehab program instead of receiving jail time. If you are charged with drug possession you should discuss Proposition 36 with your attorney.
The Los Angeles City Council voted to eliminate their red light camera ticket program. This is good news for motorists in the City of Los Angeles! But, this is just the first step. Other areas in Los Angeles County are still standing by their red light camera ticket programs. Hopefully, other cities in Los Angeles County will follow suit and end their red light camera ticket programs as well. Stay tuned for more information.
"Diversion" refers to the process by which the court and prosecutor give a defendant the opportunity to earn a dismissal of all charges. Earning a dismissal usually requires the completion of community service or some court-approved program. The scary part of diversion is defendants are generally required to enter a guilty plea before they enter into diversion with the court. Whereby, if the defendant fails to complete all the diversion requirements, there is a guilty plea on record and the judge will have the authority to sentence the defendant to jail time. An experienced criminal defense attorney can explain diversion in more depth and let you know whether you qualify.
Traffic school can only be completed for traffic tickets that count as moving violations. Furthermore, traffic school can only be completed once every eighteen months. Here is a list of traffic violations that count as moving violations and how many points they will put on your DMV record.
The Double Jeopardy Clause of the 5th Amendment prevents district attorneys in criminal cases from prosecuting a defendant more than once for a single crime. This is good news for Roger Clemens and his attorneys. If the judge in the Roger Clemens rules that Double Jeopardy applies, the case will be dismissed.
(Legal Definition) Reasonable Doubt: Proof beyond a reasonable doubt is proof that leaves you with an abiding conviction that the charge is true. The evidence need not eliminate all possible doubt because everything in life is open to some possible or imaginary doubt.
The term "wobbler" refers to a crime that can be charged as either a misdemeanor or felony. Because the possible punishment for a felony is so much more severe than the punishment for a misdemeanor, it is imperative to hire an experienced attorney if you are charged with a wobbler.
Be careful this upcoming weekend if you are celebrating the 4th and driving. The police will be out in full force. Most DUI's happen around big holiday weekends. This may be a good time to become acquainted with your local taxi service.
Los Angeles County has been part of a pilot program that requires anyone convicted of a DUI to have an IID device installed in their car. IID stands for ignition interlock device. An IID is essentially a breathalyzer that prevents a car from being started until the device is blown in and registers a .00 BAC. It is a new condition that makes a DUI conviction even that much more financially draining since the IID costs money to be installed and has to be maintained each month. The IID is imposed by the Los Angeles Superior Court judge but is really a requirement under the California DMV. An experienced Los Angeles lawyer can advise you regarding an IID if you have been arrested for a DUI.
The "penalty assessment" added to all Los Angeles court fines and fees usually multiplies the cost of the ticket by four or five times as much. This is why a $25 talking on the phone while driving ticket in Los Angeles comes out to close to $200! It appears it's only going to get worse.
If you are having difficulty finding a job or passing a background check because of a previous criminal conviction, an expungement of your record may be the solution. If you have completed all of your probationary conditions, depending on your offense, you may be eligible for an expungement. If this applies to you, you should talk to an experienced criminal defense attorney about expungement today!
A lot of clients call me because they have found out from a police officer that they have an old traffic ticket (infraction) they forgot to handle. A failure to appear on a traffic ticket can also result in the DMV putting a hold on your driver's license. An experienced criminal lawyer can advise you on how to handle an old ticket and a failure to appear charge. You can check the status of your license and whether you have any outstanding traffic tickets at the Los Angeles Superior Court Website.
A DUI arrest in Los Angeles triggers two different and independent proceedings. The first DUI proceeding is the court case filed by the district attorney. The second DUI proceeding is the DMV administrative hearing. This link provides information about the DMV DUI administrative hearing:
The information on this webpage is for general information purposes only. Nothing on this webpage should be taken as legal advice from a lawyer. The information on this webpage is not intended to establish or create an attorney-client relationship.
Copyright © 2020 George R. Leary, Esq. - All Rights Reserved.
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