Is a Search Incident to a Citation, Not an Arrest, Lawful?

The following case summary describes an expansion of Fourth Amendment rights and originate with a traffic stop in Torrance. The man was stopped by the Torrance police for violating a law punishable as an infraction.  While the police officer was with the suspect, he searched the man’s cell phone and found child pornography.  Is such a search legal and if not, why not?  Click on the following link to find out.

6th Amendment Violated If a Dead Man’s Statement Admitted?

As one can imagine, it is impossible to cross-examine a dead man at trial to find out if his vision, hearing and other perceptions were reliable and credible, so that a jury can properly determine the weight to give a dead man’s statement.  However, are there certain circumstances where admitting such a statement is permissible and if so, when?  To read more about this issue, click on the following link.

What Can I Do to Keep Out a Confession or an Admission?

Whenever there is a confession made by defendant, or an admission, defense counsel often think about adopting a damage control posture, rather than fighting to exclude admission of such a confession or admission.  What is the difference between a confession and an admission?  What can a defense attorney argue to exclude such bad evidence?  Click on the following link to find out.

How to Prevent the Admission of Photographic Evidence?

There is a saying a photograph contains a 1,000 words and this does not always include good words for a defendant in the context of a photograph being offered by the prosecution to support a charge.  What can one do to prevent introduction of a photograph in trial? What arguments may apply to help defendant?  Click on the following link to find out.

Why Use an Eyewitness Identification Expert at Trial?

It is often claimed by police or the prosecutor that a conviction is a “slam-dunk,” meaning a foregone conclusion or very certain, because there is an eyewitness who can identify defendant at the scene or doing something significant enough to cause criminal liability.  What can one do in response?  What is an eyewitness identification expert?  Can such a person rebut the alleged key witness?  To read more about the role of such an expert, click on the following link.

What Are the AB541, AB762, AB1353 and SB38 Alcohol Programs?

So you are facing a DUI or you have been convicted of DUI?  Your attorney has advised you that you will need to take the AB541, AB762, AB1353 or SB38 program.  What is taught in such classes?  How much do these programs cost?  For answers to these common questions, click on the following link.

Can a Judge Order a Wife to Testify Against Her Husband?

In many domestic violence cases involving a victim who is the spouse or girlfriend of the defendant, the question will arise whether the judge can order the victim to testify?  Does that person have a Fifth Amendment right to remain silent?  What if the victim is ordered to testify and refuses?  What happens?  Can the victim be cited for contempt and sentenced to jail?  Click on the following link to read answers to these questions.

What Is House Arrest with GPS or SCRAM Monitoring?

There is a part to house arrest that many people do not fully understand and that is how their location and activities can be remotely monitor through SCRAM and GPS.  Most people are so overjoyed with avoiding county jail and being able to be  home with their loved ones that they fail to pay attention to how violating SCRAM and GPS requirements will lead t hem right back to county jail.  The following article is presented with the hope that if one is afforded  house arrest, they successfully comply with the terms.  To read this article, please click on the following link.

Do Good Time, Work Time Credits Apply to House Arrest?

House arrest is a great deal for some people, especially those who must take care of elderly parents or other home-bound dependents.  It can also be a good way to continue working, if one can work from home.  Since one’s liberty is limited, can one earn good-time, work-time credits, i.e. four-for-two credit?  The answer is yes, but it seems to be applied inconsistently across counties and even within local counties.  To read more about this issue, click on the following link.

What Is Teen Court and How Does It Work? What Happens?

Teen Court is a pre-filing juvenile diversion opportunity for certain types of crimes.  In the Torrance / South Bay area, Peninsula High School, Redondo Union High School and Carson High School have such programs. What happens if one has their case referred by the juvenile probation department to Teen Court?  How does Teen Court operate?  To read more about Teen Court, click on the following link.