What Are the Limits of a “Protective Sweep” Search Without a Warrant?
Jul 30, 2012
It is well-established law that warrantless searches of a home are presumptively unreasonable under the Fourth Amendment. Payton v. New York (1980) 445 U.S. 573, 586.
However, it is also well-esta...
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What Are Illegal Tinted Windows (Vehicle § 26708.5)?
Jul 25, 2012
Our office has heard many clients report that they were pulled over because the police officer told them they had illegal tinted windows. The client usually suggests that the police officers had a hu...
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What is Forgery?
Jul 24, 2012
There are four types of conduct that can be prosecuted as forgery under Penal Code 470. Each is considered a serious crime and a crime of moral turpitude that can have immigration consequences.
F...
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First Degree Residential Burglary Is a Crime of Violence Under Immigration Laws
Jul 23, 2012
In 2007, Ramiro Ramos-Medina was convicted after a jury trial of First Degree Residential Burglary, a violation of Penal Code 459. The judge sentenced him to two years in state prison.
Mr. Medi...
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What is Passing Bad Checks (Penal Code § 476(a))
Jul 18, 2012
Passing a bad check is tendering a check for goods or service, from a bank account that has insufficient funds to pay the full amount of the check. It happens every day, to the tune of millions of do...
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What is Embezzlement (Penal Code § 503)?
Jul 17, 2012
The mention of embezzlement conjures up images of an untrustworthy accountant methodically stealing small amounts of cash over a long period of time, adding up to thousands of dollars, or an employee...
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Is Freedom of Speech a Defense to a Charge of Criminal Threats? Appeals Court Say No
Jul 16, 2012
Are Criminal Threats Protected Speech Under the First Amendment?
Appeals Court Say No.
At about 2:00 a.m. on January 26, 2010, Margarito Iboa had a fire going on in his backyard. The Lancaster Fire ...
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Conviction Reversed for Violation of Penal Code section 466, Possession of Burglary Tools.
Jul 11, 2012
In newspapers, one often reads of someone being arrested and charged with the possession of burglary tools. Perhaps one has even more personal knowledge of such charges.
Rhetorically speaking, just ...
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What is Robbery (Penal Code section 211)?
Jul 10, 2012
In movies and television, robbery is often portrayed as someone using a gun to take money from someone operating the cash register at a liquor store. The legal definition of robbery, however, is much ...
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What is Carjacking (Penal Code section 215)?
Jul 09, 2012
Carjacking is the theft of a car by means of force or fear (Penal Code 215).Force or fear requires that the defendant actually inflicts physical force upon the victim or that the defendant threat...
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