I Lost My DMV Hearing for My DUI- Now What?
May 16, 2012
If you or a family member receives an adverse ruling from the DMV relating to a DUI charge and you face a suspension of your drivers license, it is only natural to think of an appeal. This may be a r...
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Strong Marijuana Smell Does Not Justify Warrantless Search of Hotel Room
May 15, 2012
On December 10, 2010, security personal at a Los Angeles hotel called police about a reported burglary of a laptop computer and a Blackberry cell phone. Hotel personal believed the suspects were two ...
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Eighth Amendment Challenge to Three Strikes Law Fails
May 14, 2012
Eighth Amendment Challenge to Three Strikes Law Fails
A strike, defined as a serious or violent felony, carries with it a significant sentence under California's "Three Strikes Law" (Penal Code ?? 66...
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Restitution in Domestic Violence Case Does Not Violate Harvey Rule
May 09, 2012
Under People v. Harvey (1979) 25 Cal. 3d 754, a defendant who signs a plea bargain allowing a sentencing judge to consider the entire case, including dismissed and charges not filed, waives the righ...
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What is a Critical Needs Restricted License?
May 08, 2012
In the content of a DUI, vandalism, possession of hashish, and other cases involving the suspension of ones drivers license, we often hear clients comment, If they suspend my license, I will lose my ...
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Mail Fraud Indictment Sustained for Case Involving Commercial Driver’s Licenses
May 07, 2012
Mail Fraud Indictment Sustained for Case Involving Commercial Driver's Licenses
18 U.S.C. ? 1341 prohibits the use of the U.S. Mail in furtherance of "any scheme or artifice to defraud." This statut...
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Felony Hit & Run Charges Involving Injury or Death Often Depends on Willfulness of Conduct
May 02, 2012
In our experience with those accused of felony hit and run (Vehicle Code 20001), the biggest issue is whether our client knew that they were leaving the scene of an accident with an injury.
The c...
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Illegal Use of Disability Placards Can Lead to Far More Serious Charges
May 01, 2012
We have all seen it. An athletic person, appearing about twenty-five years old, pulls into a parking space reserved for handicapped parking. The driver opens the door of the car and jogs into the st...
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Defenses to Evading a Police Officer Depend Upon the Facts
Apr 30, 2012
Anyone who has been charged with evading an officer, a violation of either Vehicle Code 2800.1 (a misdemeanor) or 2800.2 (a felony), usually either has a sense of outrage and insistence of inno...
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Consecutive Sentences, Not Concurrent Sentences, Upheld in Forcible Sex Case
Apr 25, 2012
Consecutive Sentences, Not Concurrent Sentences, Upheld in Forcible Sex Case
A San Joaquin County jury convicted Kesh Maharaj of multiple counts of lewd and lascivious conduct involving the same gir...
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