What is Commercial Burglary (Penal Code § 459)?
Jul 03, 2012
Commercial burglary, defined at Penal Code 459, is the entering of a shop, store; office building, or any other commercial building with the intent to steal and then stealing something. This crime i...
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What is Shoplifting (Penal Code section 484(a))?
Jul 03, 2012
Shoplifting is the unpermitted taking of an item belonging to another with the intent to permanently deprive the owner of the item. It is defined as petty theft (California Penal Code 484 (a)), whic...
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Is Opening a Garage Door with a Stolen Garage Door Opener Burglary or Only Attempted Burglary?
Jun 27, 2012
Our offense has received several calls over the years about a romantic relationship that ended, but one party retains possession of a remote control garage door opener to the garage of the other pers...
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Good Faith Exception to Execution of an Improper Search Warrant Does Not Apply to Traffic Stop
Jun 26, 2012
It is well established law that probable cause for a search requires a fair probability that contraband or evidence of a crime will be found in a particular place, based on the totality of the circum...
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Appeals Court Holds, in Ruling on a Romero Motion, that There Is No Automatic Dismissal for Strikes
Jun 25, 2012
Appeals Court Holds, in Ruling on a Romero Motion, that There Is No Automatic Dismissal for Strikes Arising from Same Act
In 1999, Darlene Vargas was convicted of both carjacking and robbery arising o...
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What Happens at a Probation Violation Hearing?
Jun 20, 2012
Probation cases are among the most common cases seen in our criminal courts. The basis for such a case is usually picking up a news case, or the new case violates a condition of probation that the...
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How Do I Have My Name Removed from the Megan’s Law Internet Listing?
Jun 19, 2012
Our office has had several clients come to our office asking if it is possible to have their name removed from publication on the Internet listing, as is provided under Megans Law (Penal Code 290.4...
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DUI Based on Being Under the Influence of Drugs
Jun 18, 2012
It is fairly uncommon for DUI to be prosecuted for a driver being under the influence of drugs, but it does happen in perhaps one in every 200 DUI prosecutions.
The charges are just as serious as ...
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Sixth Amendment Not Violated in Rape Case When Expert Introduces Hearsay That Supports Conviction
Jun 13, 2012
Benjamin Flourney allegedly raped L.M., in 2003 when she spent the night at his apartment.
L.M. first went to one hospital the next day and reported being raped by a stranger. The next day, she went...
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Orange County Judge Reversed for Refusing Production of Internal Affairs Witness Statements
Jun 12, 2012
Edward Rezek was charged in Orange County Superior Court with delaying or obstructing a police officer in the performance of his duties (Penal Code 148 (a) (1)) and vandalism (Penal Code 594 (a)), bo...
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