Appeals Court Affirms Denial of Petition for Factual Innocence (PFI) After Case Dismissed at Prelimi
May 28, 2013
When a person has been arrested, but charges are then dismissed or never filed, the accused may petition the court for a finding that he or she was factually innocent. This request is called a Pet...
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Is it Proper for the Prosecutor to Charge Me with More Than What Police Arrested Me For?
May 28, 2013
Our office often speaks with potential clients who describe their arrest, but confidently state, but the police only charged me with disturbing the peace or they only charged me with DUI. The clie...
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U.S. Supreme Court Rules Drug- Detecting Dog’s Incorrect Signal Can Nevertheless Give Police Probable Cause to Search a Car
May 27, 2013
Whenever a police officer makes a traffic stop, there is an issue of whether police can search the car. Sometimes, probable cause to search is relatively obvious, especially if there is, for examp...
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Is My Call From Jail to My Attorney Really Private?
May 27, 2013
When a person is in jail, he or she wants to talk to his family, loved ones and his or her attorney. He or she may have urgent questions for the attorney and, in order to answer, the attorney will...
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Immigration Consequences of a Plea to Misdemeanor Criminal Threats Are Not Grounds to Vacate a Judgment
May 27, 2013
In March of 2009, Defendant Nyaga Kirimi Mbaabu was charged with two counts of felony criminal threats (Penal Code 422).
As is often the case in a criminal threats matter, the sanity of defenda...
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In DUI Vehicular Manslaughter Case (Penal Code § 191.5), Police Can Download Car’s Computer to Show Speed at Impact
May 24, 2013
In 2008, Elva Diaz was driving home from a Corona bar and ran into Rachel Elliott. Ms. Elliott, then age 18, suffered skull fractures in the accident and died of blunt force trauma.
The CHP repo...
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Traffic Stop Proper Where Officer Sees Driver Texting While Parked, But Then Move While Making “Similar Movements”
May 24, 2013
Newspaper and television recently gave large amounts of publicity to the death of a teenager who apparently was texting while driving and ran into another car, killing herself. A new law in Califo...
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Murder and Robbery Conviction Overturned Where Defendant Confessed In Reliance on Detective’s False Promises of Leniency
May 24, 2013
Paul Westmoreland confessed to a detective that he killed and robbed Francisco Sanchez. A jury then convicted him of first degree and murder and second degree robbery, as well as second degree bur...
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Restitution Award in DUI Case Reversed and Vacated Because Trial Court’s Calculation Not Rational
May 23, 2013
Monetary restitution awards in some criminal cases are a mere a drop in the bucket, or sadly insufficient toward paying a victim of crime for damages suffered. For example, a rape victim may recei...
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A Principal in Disturbing the Peace May Be Sentenced to 25- Year-To-Life for Attempted Murder That Follows
May 23, 2013
In 2008, inside a Stockton grocery store, Eduardo Liesa, a member of the Sureo street gang, allegedly made rude comments and threw gang signs to two Norteo gang members. The two gangs were rival g...
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The Avvo Rating explained
The Avvo Rating explained