Recent Posts in Misdemeanor Category
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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 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 Mar 29, 2011 By Christine McGuire
After a person is arrested for a DUI , the police officer takes your California driver license and will hand the person a pink temporary license from the Department of Motor Vehicles (DMV) which ...
Continue reading "DUI- DMV- 10 Day Rule" »
Posted on Mar 27, 2011 By Christine McGuire
A witness served with a subpoena must comply on pain of contempt of court. A witness is not served with a subpoena that is mailed to the witness unless the witness acknowledges receipt of the subpoena ...
Continue reading "Obligations of Subpoenaed Witness" »
Posted on Mar 26, 2011 By Christine McGuire
Consent to Search Person or Place An exception to the warrant requirement is consent. Consent to enter or search must be specific, unequivocal and freely, voluntarily and intelligently given or ...
Continue reading "Consent to Search Person or Place" »
Posted on Mar 21, 2011 By Christine McGuire
Most persons charged with a misdemeanor may appear through their defense attorney at all stages of the misdemeanor case including the arraignment on charges. However a person charged with a ...
Continue reading "Proceedings on Arraignment - Domestic Violence" »
Posted on Mar 19, 2011 By Christine McGuire
A DUI suspect who is under the age of twenty one (21) years of age as well as a person who is on probation for Driving Under the Influence (DUI) is deemed to have given his or her consent to take a ...
Continue reading "DUI - Under the Age of 21" »
Posted on Mar 17, 2011 By Christine McGuire
The DMV automatically conducts an administrative review which includes and examination of the officer's sworn report and relevant documents. If the DMV review shows there is no basis for the Admin Per ...
Continue reading "License Suspension/Revocation - DUI" »
Posted on Mar 15, 2011 By Christine McGuire
California prosecutors can charge motorists with second degree murder or vehicular manslaughter. A killing may amount to second degree murder if the driver acted with malice. A court may infer implied ...
Continue reading "Second Degree Murder" »
Posted on Mar 14, 2011 By Christine McGuire
California Vehicle Code Section 23109. In People v Grier the court construed subdivision (a) of section 23109 stating that "It is common knowledge that maximum control of a vehicle upon the highway is ...
Continue reading "Speed Contest" »
Posted on Mar 13, 2011 By Christine McGuire
Driving Under the Influence, Immediate Driver License Suspension, Drivers Age 21 and Older, Noncommercial Restricted License. To be issued a noncommercial restricted driver license you must enroll in ...
Continue reading "Driving Under the Influence, Immediate Driver License Suspension, Drivers Age 21 and Older, Noncommercial Restricted License" »
Posted on Mar 12, 2011 By Christine McGuire
A person who is being investigated for driving a vehicle under the influence of alcohol or drugs ( DUI ) is offered an opportunity to provide to law enforcement a sample of his or her breath in the ...
Continue reading "PAS Test" »
Posted on Mar 11, 2011 By Christine McGuire
Thousands of California drivers are unable to renew their drivers licenses prior to the expiration of their licenses because of glitches with the DMV's new high-tech format. The Department of Motor ...
Continue reading "DMV and Temporary Licenses" »
Posted on Mar 10, 2011 By Christine McGuire
California Vehicle Code Section 23109(a) provides that a person shall not engage in a motor vehicle speed contest on a highway. A motor vehicle speed contest includes a motor vehicle race against ...
Continue reading "Motor Vehicle Speed Contest" »
Posted on Mar 9, 2011 By Christine McGuire
A lawful road stop stop by law enforcement begins when a vehicle is pulled over for investigation of a traffic violation. A temporary seizure of a driver of the vehicle and its passengers continues ...
Continue reading "Questioning of Passenger" »
Posted on Mar 7, 2011 By Christine McGuire
The police may search without a warrant pursuant to a probation or parole search clause. The police do not need to have a probationary purpose for the search. The police also do not have to have a ...
Continue reading "Probation/Parole Searches" »
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