Why Is a “Wet Reckless” Better Than a DUI?

There is a saying that a pig with lipstick is still a pig.  A DUI reduced to a wet reckless, however, is not still a DUI.  One who pleads to a wet reckless, under Vehicle Code § 23103, avoids the consequence of being saddled with an ignition interlock device (IID) if the case is in Los Angeles County.  The DUI charges are also dismissed.  But a wet reckless can certainly feel like dating a pig with lipstick.  Click on the attached article to read more – http://www.greghillassociates.com/lawyer-attorney-1862066.html.

An Admission is Inadmissible if After an Illegal Search as the Fruit of a Poisonous Tree

If police break into someone’s house without a warrant and no exception applies to excuse the general requirement for a warrant, are the items found admissible in court?  Is an admission thereafter by the home owner that he was cooking meth admissible?  Click on the link here to read a short article summarizing a recent case that answers these questions – http://www.greghillassociates.com/lawyer-attorney-1856494.html.

Warning: If You Receive Miranda Warnings, Your Talking and then Silence to Questions Can be Used Against You as Adoptive Admissions

We have all heard it on television and in movies: “You have the right to remain silent.  Anything you say can be used against you.  You have the right to an attorney . . .”  What happens if the recipient of this warning agrees to talk and then clams up again?  Can the refusal to answer certain questions be used against the person?  Click on the following link to read a short article summarizing a recent case that answered these questions – http://www.greghillassociates.com/lawyer-attorney-1855469.html.

 

Is Expungement Worth It?

If one has a conviction for a crime and probation was granted and completed with no problems, one is usually eligible for expungement.  What is expungement anyways?  Is the conviction soaked up like water by a sponge and no longer exists?  Is it erased from one’s record or deleted?  Is it worth it?  Click on the following short article to read answers to these questions –http://www.greghillassociates.com/lawyer-attorney-1859063.html.

Murder and Robbery Conviction Overturned Where Defendant Confessed In Reliance on Detective’s False Promises of Leniency.

Good cop, bad cop is an effective investigative technique that, while manipulative and perhaps unfairly taking advantage of a vulnerable, scared person, is legal.  But when is the good cop so good that he is bad?  Click on the following link to read a summary of a published decision where a court overturned a conviction because the cop elicited a confession by falsely promising leniency –

http://www.greghillassociates.com/lawyer-attorney-2106879.html

 

Restitution Order Can Apply To One Who Receives Stolen Property, But Does Not Participate in Burglary

Be careful about receiving property you suspect may be stolen.  Not only can you be prosecuted for receiving stolen property, but you may have to pay restitution to the “victim,” or owner of the property, even if someone else actually committed the theft or robbery.  This does not seem fair to some people.  Click on the link here to read a summary of a published case that explained this legal reality.

http://www.greghillassociates.com/lawyer-attorney-1855089.html

Judge Makes Mistake In Allowing Letting Jury Hear Drug Cartel Evidence

Not all evidence is admissible to prove something.  A judge has the power to exclude certain evidence if its introduction would cause undue prejudice, consume too much time for its value, confuse a juror, cause undue sympathy or is just irrelevant in the judge’s discretion.  The following case summary epitomizes this principal in a drug case where evidence of a drug cartel being involved was introduced.  Click on the following link to read about this –http://www.greghillassociates.com/lawyer-attorney-2097413.html.

Insufficient Affidavit for Warrant Does Not Mean Search Is Always Invalid.

The affidavit associated with most search warrants seem cut and pasted from every prior search warrant.  They are boilerplate and leave one wondering if the applicant for the warrant had any idea what was really going on.  Does this make the resulting search warrant always invalid?  Not always.  Click on the attached link to read a published decision what covered this issue –http://www.greghillassociates.com/lawyer-attorney-1853176.html.

Consenting To One Vehicle Search Can Mean Consenting To Multiple Searches, Court of Appeals Says.

It is not uncommon for our office to hear clients say that they did consent to a search of their vehicle at the scene and that officers searched it, but found nothing.  The client was then arrested and the car was towed.  During an inventory search of the vehicle, a second search of it, drugs or weapons, for example, are found.  The client wants to know if the second search, which was not consented to by the client, is legal and whether the drugs or weapons can be suppressed.  Click on the following article to read a case summary of a ruling that answered this question – http://www.greghillassociates.com/lawyer-attorney-1853114.html.