Why is is smart to immediately get a supplemental insurance policy if one is arrested for DUI, even before one has a DMV hearing? Isn’t is just an expense that is unnecessary? What is an SR-22 anyways? How can having a supplemental insurance policy actually save money if one is convicted of DUI? To read answers to these questions, click on the following link.
Senate Bill (SB) 395, codified at Welfare & Institutions Code § 625.6, gives juveniles age 15 and under the right to consult with an attorney, by phone or video, prior to a custodial interrogation and waiving their Miranda rights. What is the reasoning behind giving such youthful suspects such extra rights? What is the legislative concern? To read about this new law, click on the following link.
There are many myths about sex offenders re-offending (and thus affecting public safety) that the public believes and thus, a jury, a prosecutor or even a judge may assume are true. If one is representing a person accused of a sex offense, it is good idea to understand the falsity of such myths and dispel such myths at the appropriate time. To read about such counter-intuitive facts, click on the following link.
Traversing is a warrant is having a judge order that the affidavit supporting the issuance of a search warrant be produced. This can reveal who was involved in providing information for the warrant and what information was submitted to a judge. If the underlying affidavit is false and either the officer knows this or the magistrate issuing the warrant knows it is false, the warrant was improperly issued, the search was illegal and the items seized should be suppressed. To read more about traversing a warrant, click on the following link.
Before anyone seeks to have police return one’s firearms, it is best to ask one’s attorney if the consequences of the criminal case (or a civil restraining order arising out of the same incident) prevent one from possessing firearms. If the attorney says that one can regain possession, how does one go about doing so? Click on the following article for guidance in how to regain possession of one’s firearm or firearms.
Often, someone will be charged with a crime such as public intoxication, hit and run, DUI based on drugs, or being under the influence of a controlled substance and the potential client will tell us that he or she suspects they were “roofied.” What does this mean? How can one prove this happened? First step, we recommend is that one immediately find a clinic to test one’s urine, as such drugs as Rohypnol, Flunitrazepam and GHB can leave one’s bloodstream quickly. Then speak to an experienced criminal defense attorney about trying to preserve any video footage that may substantiate this claim. To read more about this disturbing experience and what you can do, click on the following link.
Whenever our office describes what a Pitchess motion is to a prospective client, the client usually becomes eager to get the officer’s administrative records, as if all we need to do as counsel of record is request the records and the records will be produced. It is not so easy, as most counsel know. First and foremost, counsel must show that the material sought is material to the litigation pending. This can be a tough thing to show if one does not know what is actually in the officer’s file. Then how does counsel show this? What specifically should counsel argue may be relevant? Click on the following link to find out.