A preliminary Hearing is a hearing where the Judge listens to a limited version of the evidence against the defendant and decides if there is a "reasonable suspicion" that the person committed the crimes alleged.
It is possible that before the preliminary hearing starts, the District Attorney can offer the defendant a plea bargain offer. If the defendant rejects it, the preliminary hearing will start and the judge will make his/her determination and the case is "bound over" to a trial...
When i was coming out of high school, i either wanted to be a doctor or a lawyer. I figured the only way to know what i liked was to see first hand. I volunteered at a local hospital's ER for 4 months and realized it was not for me. When in law school, i worked one summer with a a Civil Litigation firm and i absolutely hated it.
I realized what i really enjoyed doing, the first time i interned in Criminal Defense. I knew this is where i belonged.
My advice to you anyone figuring out what...
If the DA, your lawyer and the Judge advised you that there would be no interlock involved, you have valid grounds to withdraw your plea to a DUI. I had a similar case with a client with no alcohol (prescription drugs) who was arrested and charged with DUI.
I was able to get the charge reduced to a reckless driving which does not mandate an IID.
Talk to your lawyer about withdrawing your plea. good luck.
They may be asking the officer to write a supplemental report about how you did on your field sobriety tests. With a .02, the DA's office's only option is to go with a 23152a which means you were impaired but not necessarily over a .08. They can show this by showing 1) bad driving 2) bad performance on fst's. But being pulled over for expired tags doesnt help their argument.
If i were you i wouldnt talk to the DA's office anymore. You may get one of those young and overzealous DA's try to...
A lot depends on the details of what happend.
A commercial burglary is usually alleged if someone is accused of going into the store with the intent to burglarize (by either bringing tools, or large bag to conceal items).
I don't know the details and i'm not sure how contra costa handles commercial burgs.
The good thing is that it will likely be filed as a misdemeanor and depending on his counsel and judge, may be able to work out a good deal for him, either diversion or a plea to a petty...
I actually handled a murder trial with a similar set of facts. There is no clear cut answer based on the facts listed above. Generally, A person can use deadly force to defend himself against deadly force.
The fact that they are both gangmembers does not help the situation. Most juries have a hard to sympathizing with a gangmember who walks around with a gun, just in case he may need to defend himself.
So the background facts are important here. If your shooter was inside his own...
In order for someone to be found guilty of a Criminal Threat, the person being threatened needs to feel that you would carry out that threat and that its not just talk. That's one defense that you may have. Secondly, the threatened person needs to be in fear of his safety. If your friend never called the police and says he doesnt want to pursue this, you may have a defense on that issue as well.
You need to be careful when you accept a plea bargain on this charge (criminal threats, PC 422)...
its a sad reality. Jurors do at times doze off. Its not only disturbing but simply infuriating.
Here's a man's freedom and life on the line and you can calmly close your eyes.
The key to your question is whether anyone other than you noticed the jurors sleeping.
Whenever i see a juror doze off, i bring it to the attention of the judge and make sure its on the record so that an appellate attorney can see it and argue it.
In your case, i don't know if the judge was notified or anyone...
If the cop made up the part about the beer, I would fight the ticket and set it for a court trial. From my experience, cops that have given out bogus or questionable tickets will either not show up or claim that he doesn't recall specifics.
Most cops will not put their badge on the line for a simple traffic infraction. I would battle it.
You have no duty to retreat in california. You have every right to defend yourself on your property and even pursue the aggressor and make sure that the danger has ceased. But, your use of self defense must be reasonable under the circumstances and not excessive.