CRIME IN THE OFFICER'S PRESENCE (1) CRIME IN THE OFFICER'S PRESENCE: an officer can always arrest a person for a crime committed in the officer's presence, no matter how minor the crime. Atwater v.
The state (aka, "prosecution" or "district attorney") must satisfy the burden of proof necessary for a criminal prosecution. It is important to distinguish the three burdens of proof in court proceedings to understand how much evidence the state must produce to convict a person o...
Officer Seizes License At time of arrest, arresting officer gives notice of suspension or revocation. See Veh C Â§Â§13353.2, 13382 and 23612(f). Issues Temporary License Temporary license is valid fo
Arrest A person suspected of committing a criminal act is arrested. If the target person is not immediately arrested, that doesn’t mean that he or she won’t be. It means that the police are continuin
If the prosecutor decides to file charges... A criminal complaint will be prepared and filed with the appropriate court accusing a defendant with the commission of one or more crimes. The complaint
Case Scenario You arrive sober to a party at 11:00pm. You attempt to remain sober but decide to enjoy 3 shots of tequila at 1:00am. Right after the shots you decide to leave the party. As you leave y
The first phase is when the officer has a suspicion that a DUI offense is occuring. In phase one the officer must decide whether there is probable cause to stop or approach the vehicle. If an officer
 Did the officer have reasonable cause to believe motorist was driving while under the influence?  Did the officer have reasonable cause to believe motorist was driving while under the influenc
Goals of a Pre-File Investigation o Prevent filing. o Reduce Charges; ie, felony to a misdemeanor. o Divert allegations into an informal resolution. o Ease clients' concerns about the case. o
Release from Custody Often, you will be released from custody on your signed promise to appear in court at a specified date for arraignment before a judge. If you are a repeat offender or the authori