DUI Check Point Stops – Can This Method Be Used to Beat Them? We Say No

Some jail house lawyers offer creative solutions to cases.  Most of the suggested tactics do not work or overlook something a licensed attorney is taught in law school.  However, some suggestions are good.  The following suggested tactic to handling a DUI check point stop seems like such jail house lawyer advice.  Would it work?  Should you follow this advice from a real attorney?  We think not.  To read why, click on the following link.


Can One Be Convicted of Two Counts of Rape for One Act?

Can one be convicted of rape of an intoxicated person and rape of an unconscious person – and then punished for each separate crime, if there is just one intoxicated and unconscious victim and one act of rape?  Is this double jeopardy?  While the conduct at issue is certainly heinous, is such punishment legal?  The answer may surprise you.  Click on the following link to find out.


Sealing and Destroying a Juvenile Record? Who Is Eligible and When?

Not all juvenile records can be sealed and destroyed immediately, although many juvenile court judges kindly order this.  What are the statutory guidelines for this?  Does it matter what type of case the juvenile adjudication was for?  If it is a serious case, such as assault with a deadly weapon, when is the file eligible for sealing and later, destruction?  To read about the rules for this, click on the following link.


What Is an SVP (Sexually Violent Predator)? Consequences?

There are few designations in life worse than being classified as a sexually violent predator, or SVP.  One finishes an often long prison term, only to be found unsafe for release to the general public.  What then happens?  How does a judge find this label fits?  How does an SVP later request release from custody?  To read about this terrible fate, click on the following link.


“Expunged” Convictions and State License Applications or Renewals?

Our office is questioned probably three times every week about how a conviction for a misdemeanor or felony will affect a state professional license of some sort, i.e. an insurance broker, a registered nurse, a dentist, a certified public accountant (CPA), etc.  The conversation often leads to whether expungement is available and how this helps the licensee.  To read a discussion of this issue, click on the following link.


Is the Smell of Pot Enough to Allow a Police Officer to Search Someone for Weapons?

The answer to the question posed in the title above is no, however, such a search was found legal after the police officers testified in court to many more facts never written in the police report.  Such additional facts testified to were what the judge found sufficient to justify a search.  However, based on the police report alone, the search seemed unsupported.  To read about this case, whose facts seem to repeat themselves every day in every court, click on the following link.


Warning: A Seemingly Small Fish and Game Violation Can Become a Federal Case

Many attorneys like to remark, “let’s not make a federal case of this” when commenting that perhaps everyone is making a minor issue or minor controversy into much more than the facts support.  However, rarely does the federal government pull a small case from state court to federal court.  The federal government would rather let the states deal with most small cases.  However, the following fish and game case serves an exception to this rule.  To read about it, click on the following link.


When Can Police Draw Blood without a Warrant?

To many, there is a fundamental conflict between the Fourth Amendment to the U.S. Constitution that guarantees against unreasonable searches and seizures and California’s implied consent law, at Vehicle Code § 23612(a)(1)(A), which conditions the privilege to drive upon agreeing to submit to a breath or blood test upon reasonable request by a police officer.  What if one refuses to submit to such a test?  Can the police draw blood without a warrant?  If so, under what conditions?  Click on the following link to find out.


What Is Home on Probation (HOP) in a Juvenile Case?

Within a juvenile court, there are many acronyms that judges, prosecutors and defense counsel use that are not used in adult court.  Indeed, juvenile court has many fundamental differences from adult court, one of which is “HOP,” or “Home on Probation.”  What is HOP?  When is it allowed?  How long does it last?  What are the conditions of HOP?  To read answers to these questions, click on the following link.


What Is the Punishment for Public Intoxication (Penal Code § 647(f))?

Hermosa Beach, particularly in the Pier Plaza area, as well as Downtown Fullerton and Downtown Long Beach cite many for public intoxication (Penal Code § 647(f))?  What happens in court when one appears there for such a misdemeanor?  What is the punishment?  Is it just a fine?  Will I be on probation?  For answers to these questions, click on the following link.