Recent Posts in Criminal Defense Category
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Posted on Jan 12, 2012 By Christine McGuire
In September 2011, the Legislature debated the merits of AB 520, which lists new criteria for obtaining a restricted driver's license after entering a plea to a "Wet Reckless". The ...
Continue reading "New Laws for 2012: How Pleading to a "Wet Reckless" Will Affect Your Driving Privileges" »
Posted on Jan 4, 2012 By Christine McGuire
Penal Code Section 995 provides that the information must be set aside by the court if the defendant has been committed without reasonable or probable cause. Reasonable and probable cause means a ...
Continue reading "What is a Penal Code Section 995 motion" »
Posted on Jan 3, 2012 By Christine McGuire
Penal Code Section 995 provides that the information must be set aside by the court if the defendant has been committed without reasonable or probable cause. Reasonable and probable cause means a ...
Continue reading "What is a Penal Code Section 995 motion" »
Posted on Jan 2, 2012 By Christine McGuire
If a person is arrested and charged with a crime, does the defendant have to prove (s)he is innocent? No. Under the law, a defendant ispresumed innocent until a judge or jury finds him or her guilty. ...
Continue reading "The Prosecution's Burden of Proof" »
Posted on Dec 28, 2011 By Christine McGuire
Why are some suspects taken to jail while others remain free? Many suspects are taken to jail upon arrest while others receive citations to appear in court and are allowed to remian free in the ...
Continue reading "Why Some Suspects Go To Jail and Others Don't" »
Posted on Dec 21, 2011 By Christine McGuire
Can my lawyer repeat what I say to anyone without my permission? The most basic principle underlying the lawyer-client relationship is that lawyer-client communications are privileged, or ...
Continue reading "Attorney-Client Privilege (Confidentiality)" »
Posted on Dec 14, 2011 By Christine McGuire
Is the way I dress in court important? Yes! A criminal defendant should ask his/her attorney how to dress for court appearances. Generally, a defendant should dress as if (s)he is going to a job ...
Continue reading "Courtroom Appearance and Behavior" »
Posted on Dec 7, 2011 By Christine McGuire
Do courts provide interpreters for non-English speakers? Yes . At critical stages of a case, a judge will appoint an interpreter to translate for defendants who have substantial difficulty speaking ...
Continue reading "Court Interpreters for Non-English Speakers & Hearing-Impaired" »
Posted on Nov 30, 2011 By Christine McGuire
Defendants charged with crimes are almost always best served by obtaining a lawyer. Are all criminal defendants represented by lawyers? Not all are, but most criminal defendants choose to be ...
Continue reading "Do I Need a Lawyer?" »
Posted on Nov 2, 2011 By Christine McGuire
Upon receipt of an order to seal an adult, juvenile or portion of a record, the Department of Justice will seal the record or portion of the record in the Automated Criminal History System. In ...
Continue reading "Order to Seal a California Record" »
Posted on Nov 1, 2011 By Christine McGuire
Upon receipt of a petition to seal, DOJ will analyze the order to ensure the petition has the signature of the LEA representative or court official. The order must be checked "Petition ...
Continue reading "DOJ 851.8 Processing and Petition to Seal" »
Posted on Sep 21, 2011 By Christine McGuire
A request for an attorney invokes the privilege to remain silent. The request for an attorney must be made in response to interrogation. A request for counsel upon arrest does not invalidate a later ...
Continue reading "Assertion of Miranda Rights" »
Posted on Sep 20, 2011 By Christine McGuire
Foreign language advisement Advisement of rights in a foreign language may result in an insufficient Miranda advisement if the proper words are not used. For instance in one case the Spanish word for ...
Continue reading "Foreign Language Advisement of Miranda Rights" »
Posted on Sep 19, 2011 By Christine McGuire
Law enforcement - the police - have no duty to advise a minor that he may call his parents. However juvenile arrests trigger certain advisement requirements. There is an exception to the rules ...
Continue reading "Advisement of Rights to Minors" »
Posted on Sep 5, 2011 By Christine McGuire
From 12:01 am August 19 through midnight Saturday officers from 13 law enforcement agencies in Santa Clara County arrested 356 persons for driving under the influence of drugs and/or alchohol. The 18 ...
Continue reading "DUI Crackdown" »
Posted on Aug 18, 2011 By Christine McGuire
Regarding vehicle liability insurance changes On January 1, 2006 all insurance companies were required to report insurance status to DMV for all private use vehicles. As of July 1, 2006 law ...
Continue reading "Car Insurance and vehicle code violations" »
Posted on Aug 17, 2011 By Christine McGuire
The law does not impose a duty on the district attorney to collect evidence that might benefit the defense. Once evidence however is collected due process imposes on the prosecution a duty to preserve ...
Continue reading "Duty to Preserve Favorable Evidence (Trombetta Youngblood Motion" »
Posted on Aug 10, 2011 By Christine McGuire
Drivers and every owner of a motor vehicle must maintain financial responsibility at all times. Whenever you drive, you must carry written evidence of financial responsibility. There are four types of ...
Continue reading "Maintaining Financial Responsibility" »
Posted on Aug 9, 2011 By Christine McGuire
Because of a person's right of confrontation, depositions are not available in criminal prosecutions. Under certain circumstances however a witness may be conditionally examined before trial to ...
Continue reading "Conditional Examinations" »
Posted on Aug 8, 2011 By Christine McGuire
The dismissal of a case pursuant to Penal Code Section 995 terminates the criminal action. Thus, when charges are refiled by the prosecutor after a Section 995 dismissal, the refiled charges ...
Continue reading "When the Two Dismissal Rule Applies" »
Posted on Aug 1, 2011 By Christine McGuire
VC 22405(a) provides that no person shall drive a vehicle on any bridge, elevated structure, tube or tunnel constituting a part of a highway at a speed that is greater than the maximum speed that can ...
Continue reading "Speeding on Bridges, Tunnels and Overpasses" »
Posted on Jul 24, 2011 By Christine McGuire
Speed Contests VC 23109(a) provides that no person shall engage in any motor vehicle speed contest on a highway. Speed contest section prohibits any motor vehicle speed contests such as racing with ...
Continue reading "Speed Contests" »
Posted on Jul 23, 2011 By Christine McGuire
VC Section 23109(c) states that no person shall engage in any motor vehicle exhibition of speed on a highway. The elements of misdemeanor exhibition of speed are: Driving a motor vehcile on a highway ...
Continue reading "Exhibition of Speed" »
Posted on Jul 22, 2011 By Christine McGuire
Non felony vehicle code moving violations commence with a notice to appear that the officer asks the person to sign. By signing the ticket, the person promises to appear at the court listed on the ...
Continue reading "Failure to Appear" »
Posted on Jul 19, 2011 By Christine McGuire
At the start of the new fiscal year for California a number of new state laws took effect. Yellow hybrid carpool lane stickers are no longer valid. Solo drivers in the carpool lane regardless of ...
Continue reading "New State Laws Take Effect" »
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