It is increasingly common for our DUI clients to receive a bill from the CHP for the CHP’s arrest of our client, usually when the client is involved in a car accident or runs out of gas on the side of a freeway. What should you do? Should you pay it? After all, why aren’t your tax dollars you paid applicable for this bill? To read answers to these questions, click on the following link.
Bail is often set so high that reducing it seems hopeless. Someone may need to get out of jail to get to work, provide medical care to an elderly parent or make a job interview. Consequently, reducing bail is an urgent need. How does one request this? What types of things should one address in asking a judge to reduce bail? What can help? Click on the following link to find out.
Whenever a judge rules in a way that someone finds unexpected or believes is simply an error, the natural thought is to file an appeal or writ of mandamus, depending on the effect of the ruling. Before doing this, however, it is a good idea to understand the standard that an appellate court will apply. Will they review all facts again or not? Is the adverse ruling a pure question of law? To appreciate this vital first step, click on the following link.
As the reader of this article may be already aware, expungement is not available for every offense. If someone is sentenced to state prison and serves that sentence, for example, expungement is not an option. Likewise, for certain sex offenses, expungement is not a right. What about for an attempted sex offense? After all, no offense was actually completed? For answers to these questions, click on the following link.
Anyone who has been through a felony case past the Preliminary Hearing, or knows someone who has, may have heard attorneys discuss a “995 motion.” What is this? It is a motion to dismiss the case, but on what grounds can it be filed? If the judge at the preliminary hearing already denied, this motion made orally, why try it again? Click on the following link to find out.
Whenever someone challenges a condition of probation, it is anticipated that the prosecution will sarcastically say, “well, you do not have to accept this term. Instead your client can just serve his time.” However, certain conditions of probation can be unconstitutional. What about a requirement that a probationer regularly submit to lie detector tests? Are such polygraph tests allowed? Click on the following link to find out.
It is not unusual for a victim in a criminal case to receive restitution and then also sue in civil court. However, can the victim return to the criminal court after probation ends and seek an order for more restitution? Does a judge have such power and if so, at what time does that power end? In the following case summary a vitim did just this. How did this case work out? Click on the following link to find out.
If law enforcement knocks on one’s front door and a six year old child answers, can the small child consent to a search of the house? How about a house guest? How about a maid or man working on the home’s plumbing? Who has authority to consent to such a search? Click on the following link to read a summary of an interesting case where the apparent authority to consent to a search of the house was evaluated.
We have heard many clients tell us that they were on summary probation for seven years for a misdemeanor DUI or drug offense. The client will usually go on to explain that probation was originally three years, but it was extended. There will then be a description of why probation was extended. Is this possible? If so, under what circumstances? Click on the following link to read answers.
In 1976, Jose Garcia allegedly committed murder in Baldwin Park and then immediately fled to Mexico, tossing the murder weapon in the bushes alongside the freeway as he headed south. He then moved to Texas. In 2009, he was arrested in Laredo, Texas, brought back to Los Angeles, tried and convicted. He appealed, arguing his right to a speedy trial was violated by the delay. How did the Second Appellate District rule on such a claim? To read about this interesting case that tests the limits of the right to a speedy trial, click here.