What is a “Rising BAC” Defense to DUI?
Apr 02, 2012
A common and often successful defense to a charge of driving under the influence (DUI) is the rising blood alcohol content (BAC) defense. This office finds it is one defense that not only the Departm...
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Fifth Amendment Rights Violated When DA Points to Silence as Evidence of Guilt
Mar 28, 2012
In early 2007, Richard Tom, while speeding and running a red light, broadsided Lorraine Wongs vehicle. The impact tragically killed Wongs eight year old daughter.
After holding Tom at the scene for...
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Delay of Over Four Years Before Filing First Degree Murder Charges Not Sufficiently Prejudicial to M
Mar 27, 2012
A jury convicted John Clyde Abel of first degree murder for the 1991 shooting and robbery of a grocery store owner. The shooting took place in a bank parking lot in the City of Orange. The judge sen...
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What is Split Sentencing?
Mar 26, 2012
Since AB109, the measure to realign Californias overcrowded prisons by sending more felons to county jails, split sentencing has become a more attractive option for negotiating plea bargains. While ...
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What is a Motion for Civil Compromise?
Mar 21, 2012
In vandalism, certain theft cases such as shoplifting and embezzlement, and criminal cases involving automobile property damage, a judge may dismiss the case if he or she is satisfied that the victim h...
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Systematic Child Abuse Over Time Supports Aggravated Mayhem Conviction
Mar 20, 2012
Systematic Child Abuse Over Time Supports Aggravated Mayhem Conviction
For six years, Defendant Joseph Robert Horvath and his wife tortured, beat and maimed their adopted daughter, starting when she ...
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Double Jeopardy Prevents Conviction for Criminal Threats Involving Rottweiler
Mar 19, 2012
Double Jeopardy Prevents Conviction for Criminal Threats Involving Rottweiler
The Double Jeopardy Clause of the Fifth Amendment to the U.S. Constitution forbids a second trial to allow the prosecutio...
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What is a DMV Hearing for a DUI?
Mar 14, 2012
Upon being arrested and booked for DUI, one is issued a temporary drivers license under most circumstances. This temporary license is on pink sheet of paper and, in small print, advises the recipie...
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Five Years of PAS (Preliminary Alcohol Screening) Device Records Found Inaccurate in San Francisco
Mar 13, 2012
In a major victory for criminal defense attorneys in the San Francisco area, the San Francisco District Attorneys Office announced this week a joint investigation into the San Francisco Police Depar...
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Conviction by Red Light Camera Upheld on Appeal
Mar 12, 2012
Within the last two years, there have been two successful challenges to tickets issued based on red light camera photographs and videos for violation of California Vehicle Code 21413 (failure to sto...
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