Defendant was arrested and bonded out at the jail for felony 422 charges and given an appearance date. Defendant appeared in court but the DA had failed to file charges. At this point the court decided not to exonerate the bond because requiring the Defendant to post a new bond upon later filing of charges would be burdensome. Continue reading “Can The Court Declare Your Bond Forfeited?” »
Tags: prelim, Jail Sentencing, non-appearance, Bond Forfeited, felony, Your Rights, felony chargesIs Battery A Lesser Included Offense Of 288?
10
Dec
Battery is not a lesser included offense to a charge of committing lewd and lascivious acts on a child. Continue reading “Is Battery A Lesser Included Offense Of 288?” »
Tags: Child Abuse, Criminal Cases, Battery, charge, free consultation, criminal defense lawyer, sex offendersSeizing And Testing Cigarette Butts For DNA
30
Nov
This scenario has inspired, and been inspired by, a million episodes of CSI. The police think the defendant is guilty of the crime, but they need the defendant’s DNA. So they follow the defendant and grab a cigarette butt he tosses (or a coffee cup, or whatever) and test it. Continue reading “Seizing And Testing Cigarette Butts For DNA” »
Tags: DNA test, Criminal Cases, Drugs, Criminal Defense Articles, Your Rights, cigarette, reasonable expectation of privacyIntent Required For A Great Bodily Injury Enhancement
21
Nov
Remember when a great bodily injury (GBI) enhancement required specific intent? Then the law changed to make it general intent. Now it’s strict liability. Isn’t the intent required for the GBI enhancement under PC 12022.7 specific intent to inflict the injury, or at least that the defendant intentionally committed the act that caused the injury? Continue reading “Intent Required For A Great Bodily Injury Enhancement” »
Tags: GBI, Your Rights, intent, great bodily injury, Criminal Cases, liability, crime, Criminal Defense ArticlesFailure To Invoke Miranda
30
Oct
Another terrible death penalty affirmance. The court holds that, “I think it’d probably be a good idea for me to get an attorney” is not a sufficiently clear invocation of Miranda! Why not? Continue reading “Failure To Invoke Miranda” »
Tags: ambiguous, Your Rights, defendant, Criminal Defense Articles, penalty, Miranda, death penaltyAlternative Sentencing Methods and Possibilities
26
Jul
The first thing attorneys usually hear from clients is: “I’ve been to jail and I never want to go back“.
Avoiding jail is the goal of almost every client charged with an offense. Because of family and work commitments, a jail sentence can often involve losing more than just the time served. Although alternative sentencing is not necessarily available in every case–it is imperative to run suck alternatives with both the District Attorney’s Office as well as the Court. Availability of such alternatives revolve around the surrounding circumstances and mitigating circumstances of each case. It is also important to note that each case differs from another. However, our office strives to find an alternative to jail whenever possible. Some of the alternatives available are detailed below. If you or a loved one is charged with an offense that involves jail time and you wish to want to find out if we can help you find an alternative to jail, call now and ask to speak directly with Mr. Nosratabadi. Continue reading “Alternative Sentencing Methods and Possibilities” »
Tags: Jail Sentencing, jail time, district attorney, jail sentence, Criminal Defense Articles, work commitments, alternative sentencingCan an Unmarked Police Vehicle Pull You Over for a DUI Investigation?
08
Jul
Dyer v. DMV
March 19th, 2009
Yes, in Dyer v. DMV, a uniformed cop in an unmarked police car conducts a traffic stop and notices objective signs of Driving Under the Influence and finds an open alcohol bottle in a vehicle after conducting an inventory search. The DMV suspends the Defendant’s California Driver’s License after an Administrative Per Se Hearing. The Defendant appeals contending that the arrest was not legal. Court reasoned that California Vehicle Code 40800 governs the issue here: Continue reading “Can an Unmarked Police Vehicle Pull You Over for a DUI Investigation?” »
Tags: evidence, speed violation, DUI, traffic stop, enforcement, Criminal Defense ArticlesWill Dismissing Your DUI Criminal Case Prevent the DMV From Suspending Your California Driver’s License?
29
Jun
The short answer is: NO.
In Park v. Valverde, the Defendant was stopped for driving a stolen vehicle, but police information was outdated and the vehicle was not actually stolen. Cops conducted a stop and noticed objective symptoms of intoxication and the Defendant was arrested for DUI. The court granted the Defendant’s motion to suppress and dismissed the Criminal Case. The Defendant lost the DMV Administrative Per Se and appealed. The Court of appeals upheld the Administrative Per Se ruling because police conduct was not egregious (or that the police did not willfully fail to update stolen vehicle reports). Continue reading “Will Dismissing Your DUI Criminal Case Prevent the DMV From Suspending Your California Driver’s License?” »
Tags: DMV, DUI, Cops, police conduct, knowledgeable attorney, License, Criminal Defense ArticlesBurden of Proof for DMV Administrative Hearings in DUI Cases is Far Less Than in Criminal Cases
19
Jun
In 2009, Auburn v. DMV further lessened the burden of proof in DMV Administrative Per Se Hearings for Driving Under the Influence. Evidence that the arresting officer had observed the driver weaving in his lane, and almost hit the curb, supported finding of reasonable suspicion to justify a traffic stop, even absent showing of officer’s particular expertise or that weaving occurred over a substantial or considerable distance.
Unlike Criminal Courts, DMV Administrative Hearings/Courts have a different standard of proof. Continue reading “Burden of Proof for DMV Administrative Hearings in DUI Cases is Far Less Than in Criminal Cases” »
Tags: Criminal Defense Articles, California, DUI, dui cases, consultationDo You Know Your DUI Rights?
07
Jun
Driving under the influence is a crime. If you are caught driving with a blood alcohol level higher than .08%, you are committing a crime in the state of California and will be charged. Driving under the influence is dangerous and not endorsed in any form. However, even when you are committing a crime, you still have rights. It is the job of a criminal defense attorney to protect those rights and preserve your interest during your case and in your future at work or in the community. Any criminal defense lawyer in Los Angeles would encourage you to understand your rights and work to protect them from the minute you are pulled over for suspicion. Continue reading “Do You Know Your DUI Rights?” »
Tags: Driving under the influence, Criminal Defense Articles, state of california, DUI, Los Angeles, criminal defense lawyer