Our clients who are unlucky enough to be arrested, but then, fortunately, the prosecutor decides not to file a case often ask if they can have the arrest record sealed and destroyed. After all, an arrest record is a public record. The client may comment that the mere record of the arrest affect child custody issues, adoption eligibility, licensing, insurance premiums, school admissions, credit applications and, most importantly, one’s reputation.

The California Supreme Court has defined “building” broadly for purposes of burglary. Some may say that such liberal or loose definitions have led to convictions that were not legally correct. In the case of People v. Pablo Mendoza Chavez, a Kings County matter, Chavez was convicted of many offenses, including conspiracy to commit burglary.

Jack Ward was convicted of nine counts of armed bank robbery. He was sentenced to 300 months in prison and ordered to pay $27,885 in restitution to the victims. The federal district court, without considering Ward’s ability to pay, ordered that the restitution payment be made “immediately.” This was impossible for Ward to follow, as he was broke and, once imprisoned, his earnings certainly did not allow “immediate” payment.

If you or a family member receives an adverse ruling from the DMV relating to a DUI charge and you face a suspension of your driver’s license, it is only natural to think of an appeal. This may be a response to a belief that the DMV ignored evidence, misapplied the law or that the effects of a license suspension harm one’s employment, health or schooling.

On December 10, 2010, security personal at a Los Angeles hotel called police about a reported burglary of a laptop computer and a Blackberry cell phone. Hotel personal believed the suspects were two women staying at the hotel. Police went to the women’s hotel room. At the door, police noticed a “strong smell” of marijuana. Police then knocked on the door and one of the women answered. Police then asked the occupants of the room to exit the room, which they did.

A strike, defined as a serious or violent felony, carries with it a significant sentence under California’s “Three Strikes Law” (Penal Code §§ 667 (b) - (j) and 1170.12). A conviction for a second strike usually results in a doubling of the sentence. A conviction for a third strike carries with it an indeterminate sentence of twenty five years to life. This type of sentencing structure is in part designed to protect the public from violent and dangerous career criminals.

Under People v. Harvey (1979) 25 Cal. 3d 754, a defendant who signs a plea bargain allowing a sentencing judge to consider the entire case, including dismissed and charges not filed, waives the right to challenge his sentence. In People v. Ronald Snow, a felony case out of Yolo County, the sentencing judge awarded $44,994.85 in victim restitution for, among other things, dental bills incurred by the victim when Snow knocked loose the victim’s dental crown with a punch and left eye surgery.

In the content of a DUI, vandalism, possession of hashish, and other cases involving the suspension of one’s driver’s license, we often hear clients comment, “If they suspend my license, I will lose my job.” Other times, the client says their license is vital to transporting a sick parent to a doctor.

18 U.S.C. § 1341 prohibits the use of the U.S. Mail in furtherance of “any scheme or artifice to defraud.” This statute was enacted in 1872. In 1999, Congress added the words, “or for obtaining money or property by means of false or fraudulent pretenses, representations or promises.”

In our experience with those accused of felony hit and run (Vehicle Code § 20001), the biggest issue is whether our client knew that they were leaving the scene of an accident with an injury. The client often thinks only property damage was the issue or that the other person was at fault. Sometimes, our client is even unaware that there was an accident at all, perhaps because the cars never exchanged paint. The client then explains who else may have been using the car.

We have all seen it. An athletic person, appearing about twenty-five years old, pulls into a parking space reserved for handicapped parking. The driver opens the door of the car and jogs into the store, obviously disabled only in his or her judgment.

Anyone who has been charged with evading an officer, a violation of either Vehicle Code § 2800.1 (a misdemeanor) or § 2800.2 (a felony), usually either has a sense of outrage and insistence of innocence or, on the other extreme, cannot stop admitting their guilt. We suspect this is because on television, police chases are common and well understood.

A San Joaquin County jury convicted Kesh Maharaj of multiple counts of lewd and lascivious conduct involving the same girl, who was under age 14. One count involved forcible lewd and lascivious conduct (Penal Code § 288 (b)) and three counts involved aggravated sexual assault (Penal Code § 269). In nine counts, he was convicted of lewd and lascivious touching. (Penal Code § 288 (a)).

Defendant Toni Allexy, age 38, was a high school cheer leading coach. She invited a fourteen year old football player from the school to her house and encouraged him to drink alcohol with her. He did so. After getting the victim drunk and becoming, in her description, “beyond drunk,” she took the victim to her computer room, where alone with just him, she drew her initials on his check.

Our clients who face serving time in county jail often ask about private jail. They may be concerned about being assaulted by another inmate or inmates, or they just wish for a single, private cell where they can sleep without worries. They may have heard about it when first arrested and always ask as if private jail is some type of urban legend that really does not exist.

In 2010, the California Legislature amended Penal Code § 487 to increase the amount of property fitting the definition of petty theft. The amount was of property increased from $400 to $950. Any theft valued at $950 or below is consequently now petty theft; any theft of property with value above $950 is grand theft.

There are several common offenses that a prosecutor can chose to charge as either a felony or a misdemeanor, depending upon the facts of the case and the defendant’s criminal history. In other words, the charge can “wobble” between a felony and a misdemeanor.

On the evening of July 20, 2010, Harley Paul Finney stabbed Chad Robinson more than ten times. Robinson almost died. During Finney’s trial in San Luis Obispo Superior Court, the jury was unable to reach a unanimous verdict on the attempted murder charge, but did return a guilty verdict for assault with a deadly weapon (Penal Code § 245 (a) (1) with a finding that Finney inflicted great bodily injury on the victim (Penal Code § 12022.7 (a).

To ensure a defendant’s appearance in court at a future date, law enforcement may set bail as a condition of releasing that defendant from police custody. Bail is a matter of right except in cases punishable by death, probation or parole violations and in certain public safety offenses. It can be paid in cash, personal check, money order or even a traveler’s check. Bail, however, is not excessive merely because a defendant cannot afford it.

Our office often defends clients accused of offense, that can be classified as either a misdemeanor or a felony. Such an offense is known as a “wobbler.” When the District Attorney’s office decides to bring the case as a felony, our office always considers whether and how we can reclassify the case as a misdemeanor under Penal Code § 17 (b).

Certain offenses, depending upon the circumstances, may be charged as an infraction or a misdemeanor. The most common examples of this are petty theft (Penal Code §§ 484 or 490.1), disturbing the peace (Penal Code § 415) and trespassing (Penal Code § 602).

Since 1982, with the enactment of Penal Code § 1170.9, our state legislature has recognized the unique needs of military veterans in dealing with California’s sentencing guidelines. In 1982, our courts were witnessing Vietnam veterans struggling with psychological and chemical dependency problems that manifested themselves in everything from multiple DUI’s, domestic violence, substance abuse and fighting in public.

A fairly rare, but highly effective defense to a charge of driving under the influence (DUI) when the BAC is based only upon a breath test is the “Mouth Alcohol” defense. The basis for this defense is, in a nutshell, “garbage in, garbage out.” In other words, if the breath test assumption that deep lung (alveolar) air only is being tested is wrong, the BAC measured is not an accurate measurement of blood alcohol levels.

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 Department of Motor Vehicles seems to understand, but juries do, too. The gist of this defense is that while one’s BAC may be measured at 0.08 or slightly higher, the BAC of the driver when driving was lower than 0.08 and thus legal, meaning it did not violate Vehicle Code § 23152(b).

In early 2007, Richard Tom, while speeding and running a red light, broadsided Lorraine Wong’s vehicle. The impact tragically killed Wong’s eight year old daughter. After holding Tom at the scene for about ninety minutes, during which time he remained silent except to ask if he could walk home, Redwood City Police Officers transported him to the police station.

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 sentenced Abel to death. During a part of the sentencing phase of trial, Abel conceded that he had robbed about twenty people in multiple scenarios over his lifetime that were never prosecuted.

Since AB109, the measure to realign California’s overcrowded prisons by sending more felons to county jails, split sentencing has become a more attractive option for negotiating plea bargains. While split sentencing has not quite caught on in Los Angeles County as it has in other counties, it may gain popularity as the jails become more and more crowded over the next year. Currently, the majority of split sentences apply to felony sentencing, but it can equally apply to misdemeanors, too.

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 has been fully compensated for the loss or repair costs and it not desirous of prosecution. In other words, the monetary value of the loss or damage has been settled in a civil manner and the criminal court no longer has any need to be involved.

For six years, Defendant Joseph Robert Horvath and his wife tortured, beat and maimed their adopted daughter, starting when she was nine and ending when she was fifteen. The wife thought her husband was sexually molesting the daughter, so she beat the girl until she confirmed this was so. Then the husband would take over and beat the girl for such an accusation, which was false.

The Double Jeopardy Clause of the Fifth Amendment to the U.S. Constitution forbids a second trial to allow the prosecution a second, redundant opportunity to supply evidence which it failed to introduce in the first trial. In other words, the prosecution cannot make repeated attempts to convict an individual for an alleged offense if it fails to do so on its original attempt.

Upon being arrested and booked for DUI, one is issued a temporary driver’s license under most circumstances. This temporary license is on pink sheet of paper and, in small print, advises the recipient that unless he or she contacts the DMV to reserve a hearing within ten days of the arrest, the license will be automatically suspended.

In a major victory for criminal defense attorneys in the San Francisco area, the San Francisco District Attorney’s Office announced this week a joint investigation into the San Francisco Police Department’s use of PAS (preliminary alcohol screening) devices for at least the last five years.

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 stop at a red light).

Our office receives numerous phone calls about financial elder abuse, usually involving quit claim deeds of property and / or second mortgages that go unpaid, resulting in a home foreclosure. It is unusual for law enforcement to take action in such cases, as such problems are seen as civil, not criminal, in nature.

California Penal Code § 529 makes it a crime to use a false identity to create or exploit a written instrument. The statute’s intent is to make it illegal for one to create liability for an impersonated person for a financial or legal obligation. The statute is a “wobbler,” meaning it can be prosecuted as either a felony or a misdemeanor.

Over the last year, the Ninth Circuit and more than one California Court of Appeal have ruled on the constitutionality of California’s law directing police to collect DNA from an arrestee. In a First Appellate District Court of Appeal decision in California, People v. Buza (2011 DJDAR 11741), the court reversed Buza’s misdemeanor conviction for refusing to provide a DNA sample.

California’s Three Strikes law contains sentencing requirements that add time to one’s sentence if the individual has a prior conviction for a “strike offense.” “Strike offenses” are generally described as serious or violent felonies, such as murder, rape, armed robbery and arson, but can include other offenses that seem, by comparison, not too serious or violent. This often results in sentences one court described as “arbitrary, capricious and patently absurd.”

In the early morning hours of June 3, 2008, a silent alarm was triggered at a Murietta Best Buy. Police arrived and found “a large hole cut in a side steel door leading into the store that appeared to have been made by a torch.” Inside the store, police found a locked camera cabinet that had been forced open. A store security video showed a man in a hooded sweatshirt taking video recorders and cameras worth approximately $24,600 from the cabinet.

With the exception of limited marijuana offenses, legal aliens are subject to deportation once convicted of any drug (or narcotic) crime in California. 8 U.S.C. § 1227(a)(2)(B). “Any” means simple possession of methamphetamine, cocaine, ecstasy (“X”), phencyclidine (“PCP”), codeine, hydrocodone (“Vicodin”), ketamine (“Special K”), gamma-hydroxybutyric acid (“GHB”), heroin, peyote, and many other drugs, including prescription drugs without a valid prescription.

Our office often represents folks accused of domestic violence and who are not U.S. citizens. A big issue is consequently the effect of a conviction on their ability to legally remain in the United States and return to the United States if they leave for any reason.

Our office often receives phone calls from folks who are arrested for DUI and are told by police that they must submit to a breath or blood test of their blood alcohol level. In perhaps five to ten percent of such cases, our clients refuse to give such a sample. They often ask, “now what happens?”

Michael Hong Louie and Soriyaa Ek were both validated gang members. They were convicted of arson, criminal threats and street terrorism. The underlying facts are that Louie and Ek, in January of 2007, allegedly set fire to a Stockton, California, apartment of a woman who repeatedly reported gang activity in her neighborhood. Both defendants were also charged with attempted murder, but the jury returned a not guilty verdict on the attempted murder charge.

California Penal Code § 647.6(a)(1) makes it a crime to sexually annoy or molest any child under 18. No touching is required, but does require that a “normal person would unhesitatingly be irritated by” defendant’s conduct. The conduct must be motivated by “an unnatural or abnormal sexual interest or intent with respect to children.” Upon conviction for violating this statute, one must register for remainder of one’s life as a sex offender under Penal Code § 290.

Our office receives many calls from clients who receive tickets for running red lights when the basis is a photograph from a camera at the intersection. Usually, the fine is pretty steep, approaching $500, not to mention the traffic school fees that follow.

A Riverside County jury convicted Gregory Lee Latham and his wife of second degree murder of their daughter, age 17, for failing to obtain medical treatment for her type 1 diabetes, which resulted in her death. Gregory was sentenced to seventeen years in prison. His wife was sentenced to fifteen years in prison. Not only did the jury convict both Lathams of violating Penal Code § 187(a) (Second Degree Murder), but the jury also convicted each of child endangerment (Penal Code § 273a(a).

California’s Three Strikes law is often criticized for its “one size fits all” approach in sentencing a defendant with two or more prior strike convictions. Strikes include, but are not limited to, such offenses as assault with a deadly weapon or with force likely to produce great bodily injury (P.C. § 245(a)(1)).

Whenever a client of our office is alleged to be driving while under the influence, we are keen to verify if the breath or blood test is accurate. If the blood alcohol content is calculated by a breath test, for example, it is fundamental that the breath test machine is properly calibrated.

A common situation our clients on probation face is being arrested for a new offense. They often remark that they are just unlucky. The client then faces not only a new criminal case, but a probation violation case that could land the client in jail or prison for significant time. This is especially so because the burden of proof is lower for a probation violation.

Our clients who are not United States citizens often nervously ask “will a conviction for DUI cause me to be deported?” They also sometimes ask, “if I leave the United States and try to return to the U.S. after the conviction, will I be turned away?” The usual answer we give is, “well, generally speaking, no.”

Steven Hughes was convicted of cultivating marijuana (a violation of California Health & Safety Code § 11358), possession of marijuana for sale (a violation of California Health & Safety Code § 11359), and transportation of less than 28.5 grams of marijuana (a violation of California Health & Safety Code § 11360).

In every felony case, a preliminary hearing is required. The hearing’s purpose is to test the sufficiency of the evidence to determine whether the case merits continued attention. The accused can waive such a hearing and give up his or her right to such a hearing, but this is rarely done. If the evidence is deemed insufficient, the case is dismissed.

Chino prison guard Robert McGowan was sentenced to four years and three months in prison for violations of federal laws prohibiting a prison guard from depriving an inmate of his constitutional right to be free of cruel and unusual punishment. The conduct at issue was a 2007 incident where McGowan allegedly pushed two hand-cuffed and shackled prisoners out of a truck, causing them to suffer bruises and cuts.

Our office frequently receives calls about someone who was arrested, but never told to go to court. In releasing the person, police may have advised the person that a notice would be mailed telling them of a court date, but the notice never arrived. Other times, there is an incident and the person is not even arrested.

On Monday, January 23, 2012, the U.S. Supreme Court unanimously ruled that evidence gathered by police using a GPS fastened to a drug dealer’s car without a warrant was improperly obtained. With Justice Antonia Scalia writing the majority opinion, the Court ruled that the act of attaching the GPS was a warrantless property invasion, so the evidence derived from it showing defendant’s whereabouts for twenty-eight straight days was inadmissible.

If you or a loved one face charges for possession of an illegal drug, a common response is, “prison will not solve the problem; treatment and education would be better.” Our legislature in Sacramento has recognized this, too, and has passed provisions that offer a drug offender a chance to “divert” from the criminal court system to drug rehabilitation programs in lieu of incarceration.

It is not uncommon for our clients to encounter a prosecutor who seems to stop plea bargaining, or plea bargain at all in the face of new information. The prosecutor may not seem to read the police report or, in the case of a DUI for example, to begin and end his or her analysis with only reading the blood alcohol content. The prosecutor may also seem to take a zealous personal interest in punishment of our client that seems inappropriate.

On January 10, 2012, the United States Supreme Court reversed a murder conviction in Smith v. Cain (2012 DJDAR 296). The opinion held that a Louisiana district attorney violated his duty to produce material favorable to the defense and material to defendant’s guilty or punishment, as set out in Brady v. Maryland (1963) 373 U.S. 83.

Anyone who has personally experienced being charged with DUI or has a friend or family member who has faced such charges in California may have heard about a “wet reckless.” The advantages and disadvantages of a plea to a “wet” often misunderstood. The term “wet reckless” refers to a plea bargained charge of violating California Vehicle Code § 23103 pursuant to § 23103.5.

In today’s economic hard times, our firm receives numerous inquiries about clearing one’s criminal record. The concern expressed is almost always that a prospective employer may reject a job applicant who has a criminal record, or pass over an existing employee for a promotion or pay raise on the same basis.

Anyone who has watched much television is familiar with Miranda warnings, which remind a suspect of his Fifth Amendment right to remain silent: You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided to you at government expense.

Kelvin Harrison was convicted in San Bernardino County of battery with serious bodily injury. He was sentenced to prison for two years. When the crime occurred in 2008 both he and the victim were homeless. Harrison attacked another man with a steel pipe because he found a bag of grapes left by the victim where he normally slept. The grapes were allegedly filled with blood, which Harrison interpreted as an omen that the victim intended to harm him. Harrison then attacked the victim with the pipe.

It is January 1, 2012 and a host of new laws become effective today. While some of these laws may not affect you, others may, so it good to be aware of how the laws have changed. There are dozens of new laws, but our focus in this article in limited to ten that involve possible criminal cases.

Anyone who has watched much television is familiar with Miranda warnings, which remind a suspect of his Fifth Amendment right to remain silent.

It is a common misperception that if one receives stolen property, such as a credit card, one can use it without incurring criminal liability if he or she has a good faith belief that the credit card was a gift. After all, the recipient of the card did not steal it from anyone. This is not always so, as the recent decision in People v. Holmberg from Northern California shows (People v. Jon Holmberg (2011 DJDAR 7665).

Feliciano Covarrubias was arrested at about 3:00 a.m. on May 6, 2010 at the San Ysidro Port of Entry coming from Mexico to California with 193 pounds of marijuana hidden in his Ford F250. A dog specially designed to detect narcotics smelled the marijuana.

The search of a home is always a hot issue, especially when the search uncovers items that could lead to years in prison. The Fourth Amendment, made applicable to each state, provides that “no warrants shall issue, but upon probable cause, supported by oath or affirmation, particularly describing the place to be searched, and the persons or things to be seized.”

The general rule concerning any search without a warrant is that the search is presumed illegal. It is a liberty invasion. Once a defendant shows that the search was conducted without a warrant, the burden shifts to the prosecution to show an exception to the general rule applies.

The Sixth Amendment to the U.S. Constitution, made applicable to each of the states through the Fourteenth Amendment, contains what is commonly known as the “Confrontation Clause.”

An arraignment is a criminal proceeding where the defendant is called before a court, informed of the charges, and asked to enter a plea.

Jesse Gonzalez was convicted of first degree murder with special circumstances for killing a police officer on duty. The conviction arose after he used a shotgun when Los Angeles Sheriff’s Department Deputies kicked down his front door while serving a search warrant.

Greg Bennett had a homeowner’s policy through State Farm that insured him for losses arising from theft of his property at his residence. The policy also covered theft of trees, shrubs and plants on the property. The police did not define “theft.”

A “no contest” plea is distinguishable from a “guilty” plea. Once who pleas “no contest” does not admit factual guilt, although it allows him to be punished as if guilty to take advantage of a plea bargain.

Under California law, a person involved in a crime is either a principal or an accessory. Cases decided by our Supreme Court have included conspirators as principals, as conspirators fall within the “all persons concerned” language of Penal Code § 31, which defines who is a principal.

Raymond Mooney and his girlfriend, Janna Lorette, drove together to a San Bernardino Stater Brothers grocery store. Mooney and his two small children entered first. About twenty seconds later, Ms. Lorette entered with an empty purse.

In both state and federal court, it is common for courts to impose probation conditions that prohibit sex offenders from living near certain areas that might cause the offender to relapse and endanger the public. In sex offender cases involving an adult and a child victim, courts can impose rather tough residency requirements.

Thomas Kemp kidnapped Hector Juarez, used Juarez’s ATM card to withdraw $200 from Juarez’s bank account and then used a .380 handgun to shoot Juarez twice in the head, killing him. Kemp then made two more attempts to use Juarez’s ATM card, but could not remember the PIN number.

Under Federal sentencing guidelines, a drug courier is often eligible for a sentencing reduction due to his or her minor role and limited involvement. The courier may not be aware of even the type of drug transported, the sender’s name or the actual recipient of the delivery.

La Habra police officer Nick Wilson observed Defendant Paul Carmona make a right turn without using his turn signals. Wilson was about 40 yards away and traveling in the opposite direction, so he was unaffected by Carmona’s turn. There was no other traffic nearby. Wilson, however, believed the turn violated California Vehicle Code § 22107 and stopped Carmona.

Kevin Stanley and his girlfriend, Tiana Stockbridge, lived together until the two broke up in 2004. While they were together, they co-owned a computer, which they each used. Stanley had a password to his “half” of the computer and his files.

Over about a one month period in late 2006, Defendant Brian Roger Kennedy engaged in a sexually explicit Internet conversation with an undercover San Jose police officer who Kennedy believed was 13 years old and named “Tiffany.” Kennedy sent “Tiffany” a picture of his erect penis, as well as videos and webcams of himself masturbating. He also communicated with her via instant messaging and e-mail.

On December 28, 2009, a Richmond, California motorcycle officer pulled up at a red light alongside Mr. Carl Nelson. The officer watched Nelson, who was sitting behind the wheel of his car, open his flip-style cell phone, dial a number and put the phone to his ear while holding the phone in his left hand.

California Penal Code § 1202.4(r) governs the method for calculating restitution in fraudulent DVD and CD cases.

Joyce Jaska was the secretary and treasurer of Barstow Truck Parts and Equipment, Inc., a family business that had survived since the 1950’s. The president of the company fully trusted Jaska, who did the company’s accounting.

In 2010, citing the Eight Amendment’s bar against cruel and unusual punishment, the United States Supreme Court determined that the immature and potentially malleable nature of juveniles precludes a judgment that a non homicide juvenile offender will never to be fit to reenter society (Graham v. Florida (2010) __ U.S. __, 130 S.Ct. 2011).

While it may seem counterintuitive to some, one can be convicted of pandering in violation of California Penal Code § 266i(a)(2) even when the “victim” is already a prostitute, or at least represents herself to be one. Indeed, section 266i(a)(2) reads: Any person who by promises, threats, violence, or by any device or scheme, causes, induces, persuades or encourages another to become a prostitute is guilty of pandering.

Under most circumstances of an arrest, police are able to validly search a vehicle because the vehicle is considered an area within the arrestee’s immediate control. Officer safety and evidence preservation are implicated in such situations. Such a search is usually limited to the passenger compartment.

In 2010, Lee Cottone was convicted in Orange County of four counts of committing a lewd act upon a child under the age of fourteen (California Penal Code § 288(a)).

On Friday evening, February 22, 2008, Elijah Ferguson crashed into the rear of a car stopped at a red light and carrying Michael and Grace Stein. The accident happened at the corner of MacArthur and Jamboree Boulevards. Post-accident analysis of Ferguson’s car revealed he was traveling 75 miles per hour and accelerating, only to decelerate 0.1 second before impact. Ferguson’s BAC, taken two hours after the crash, was 0.12.

In May, 2007, Costa Mesa Police learned that Reno Sifuentes, a convicted felon, was renting a room in a Santa Ana motel. The motel was notorious for drug dealing and prostitution on its premises. Since police knew there was an “outstanding no bail” parole arrest warrant, police requested and received a master key from the motel to Sifuentes’ room.

Under most circumstances of an arrest, police are able to validly search a vehicle because the vehicle is considered an area within the arrestee’s immediate control. Officer safety and evidence preservation are implicated in such situations. Such a search is usually limited to the passenger compartment.

Troy Thomas was a suspect in six unsolved residential burglaries from 2006 to 2008. In five of the burglaries, genetic material from the suspect was collected at the home. In the sixth burglary, an eyewitness identified Thomas as the burglar.

Kewhan Robey put 450 grams of marijuana in a FedEx box and attempted to mail it from California to Illinois. A FedEx employee noticed “a strong odor” of marijuana, however, held the package back and called the Santa Maria Police Department.

Baldemar Landa was sentenced in U.S. District Court to a minimum term of five years in state prison for violating the federal Controlled Substances Act. He pled guilty to possession of cocaine with intent to sell, as well as two other related charges.

We at Greg Hill & Associates understand that an ignition interlock device is a mysterious and often misunderstood device. The requirements surrounding its installation, use and maintenance are also clouded in myths and many anecdotal inaccuracies. Therefore, to hopefully clear up the confusion once and for all, we prepared the following memorandum.

Under California Penal Code § 597, one can be charged with either felony or misdemeanor animal cruelty or neglect. There is no standard jury instruction on this offense, so in each trial, counsel must devise their own instruction, which can lead to confusion. Nowhere was this epitomized more clearly than in the case of Manuchehr Rizati.

Darla Stillwell and Robin Briggs were stopped by Marysville Police in May, 2009 while driving through downtown Marysville California. The stated reason for the stop was that the rear license plate on their pickup truck was blocked by the bumper.

In Solano County, California, Defendant Sean ali Grant was convicted of pimping under Penal Code § 266h(a), as well as assault with a deadly weapon (§ 245(a)(1), corporal injury to a cohabitant (§ 273.5(a)) and false imprisonment by violence (§ 236). He was sentenced to five years in state prison.

A prison sentence often not only means a long period of incarceration, but also a long distance away from loved ones. While California does have thirty-three prisons statewide, the convenience of family visits is not considered in determining where one will serve their prison sentence.

Over a twenty-one month period in 2008 and 2009, Defendant Randy Alan Larkins allegedly broke into over a dozen gym lockers at Southern California Bally’s, 24 Hour Fitness, and L.A. Fitness. When arrested, he was found in possession of twelve membership cards that were not issued to him for Bally’s and 24 Hour Fitness, mail that was not his own, driver’s licenses that were not his and dozens of credit cards that were not his own.

On September 29, 2011,the Second District Court of Appeals upheld the conviction of Brian Boulter for possession of a controlled substance, among other charges, after he was arrested while visiting a friend at the Men’s Central Jail in Los Angeles.

Brad Ray Santini was convicted of importing marijuana after an inspection of his vehicle at the Mexico-U.S. border found twenty-eight kilograms in his rear seat and spare tire. This was allegedly in violation of 21 U.S.C. §§ 952 and 960. He was also charged with possession of marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1).

The author explains the rights of recently arrested folks who believe their constitutional rights have been violated. There are many contexts of this happening, but one common fact pattern is when police conduct an unannounced probation or parole search (often called a raid).

In today’s world, the reality is that cell phones function in many ways beyond devices to talk to one another. We send e-mails, texts, leave voicemails, post messages to Facebook, watch videos, sent videos, etc. The cell phone, in other words, is being used in many ways beyond the traditional phone. It is a mini-computer of our private lives, with call histories, contact lists and photographs.

In the Santa Ana courtroom of Judge David Thompson, Defendant John Moses was convicted of committing a lewd act on a child under fourteen years of age (Penal Code § 288(a). The jury found that Defendant, 24 years old, had engaged in substantial sexual conduct with 13 year old C.C., who he met via a website called VampireFreaks.

Ecstasy is an increasingly popular recreational drug. It is also a relatively new drug that our legislature has been slow to criminalize. We at Greg Hill & Associates remember when it first made its way to the club scene in the late 1980’s and some of our clients were amazed that it was not illegal at that time.

Citing the Fourth Amendment’s right against an unreasonable search and seizure, the First District Court of Appeal in California ruled that collecting DNA samples from someone who is presumed innocent when arrested is unconstitutional.

Landlords often complain that when a renter fails to pay rent, there is no way to replace the loss if the tenant is insolvent. After all, one cannot turn back time, replace the tenant with a paying tenant and then “catch up” for the lost rent. The landlord is thus permanently deprived of the rent.

On July 5, 2011, a decision was reached in People v. Terry Vangelder (2011 DJDAR 9949). The ruling seems to afford a defendant with large lung capacity and a low hematocrit the right to introduce evidence of these characteristics to show his blood alcohol content may be significantly different (lower) than what a breath machine calculates in a roadside DUI test.

In California, if one is arrested for DUI and given a blood test, the blood is tested at a local facility. The laboratory creates a report, wherein an employee of the laboratory certifies that the blood was tested according to certain protocol. The report is specifically created to serve as evidence in a criminal prosecution.

In the Santa Ana courtroom of Judge David Thompson, Defendant John Moses was convicted of committing a lewd act on a child under fourteen years of age (Penal Code § 288(a). The jury found that Defendant, 24 years old, had engaged in substantial sexual conduct with 13 year old C.C., who he met via a website called VampireFreaks.

Sexual abuse cases are highly emotional cases for not only the defendant, but the victim, too. Often, evidence of sexual abuse or a single act is kept secret by a victim for years because the victim does not want to relive the event or events in describing them to law enforcement.