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Joseph Briscoe Dane
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Joseph Dane’s Legal Guides

13 total


  • California Search Warrants

    Do the police have to show me the warrant? No - there is no legal requirement they actually show you the warrant itself. Many times, warrants are obtained over the phone from an "on-call" judge, so

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  • Should I talk to the police?

    Why do they want to talk to me? If you're being questioned as a witness, that's one thing. If there is any potential basis for criminal liability (as an accessory or as someone who aided in the comm

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  • What are the consequences for driving on a suspended license in California?

    14601 (suspended due to a prior reckless driving conviction) Sentence: Minimum 5 days in county jail and a fine of $300 (plus penalty assessments); maximum 6 months county jail and a fine of $1,000.

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  • What are some possible defenses to driving on a suspended license?

    The traffic stop was invalid In order to validly pull you over, the police need "reasonable suspicion" of criminal activity. That "crime" can be anything, even something as minor as a traffic offens

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  • Should I bail them out of jail?

    First - can they be bailed out? A criminal defendant is entitled to reasonable bail. What's reasonable? Ultimately, that's up to a judge to set the amount, but in some cases, you cannot post bail.

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  • Posting bail - what are the options?

    The best scenario - an O.R. release A defendant may be granted an "O.R." release (a release on their own recognizance). That means that they are released without having to post bail in any amount on

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  • California DUI Basics

    Why are there two charges against me? There are two different DUI charges in California - 23152(a) of the Vehicle Code [driving under the influence of alcohol and/or drugs] and 23152(b) [driving with

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  • DUI and Miranda Rights

    Not all questioning by the police requires Miranda warnings There is a big difference between being "detained" and being "arrested" or "in custody" when it comes to Miranda. The 1966 US Supreme Cour

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  • What's the difference between grand theft and petty theft?

    Let's start with petty theft Petty theft is the taking of property valued at under $950 (the law recently changed from $400 to $950 as the line between grand and petty theft). While there is a secti

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  • Speedy trial rights in California

    The first stage in all cases - the arraignment The first appearance in court is your arraignment. The judge will tell you what the charges are against you and that is when you enter your "not guilty"

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