It happens more often than one may think. A few people are driving home from a party or from a bar. Someone needs to go to the bathroom, or the car runs out of gas, or there is an accident and the car comes to a stop. The driver is sober. Everyone else is drunk. The cops arrive and decide that a passenger is the driver and arrest him for DUI. What can one do in such a case? Click on the following link to find out.
There are those who advocate having a motion to suppress hearing before the preliminary hearing so that, arguably, there will no longer be any need for a preliminary hearing, or, alternatively, the defense attorney will already be familiar with the key witnesses and be able to better cross-examine the same witnesses at the preliminary hearing. Other attorneys are in favor of scheduling the motion to suppress at the same time as the preliminary hearing. Why would this be a wise idea? Click on the following link to find out.
Motions to suppress evidence sound great and most people are familiar with the theory of throwing out a case when there is improper police conduct in a search, i.e. “the fruit of the poisonous tree.” But there are quite a few practice pointers to consider when filing such a motion. To read about a few little-known facts about motions to suppress evidence, click on the following link.
In DMV hearings for a DUI (also called an admin per se hearing), the first issue in most cases is whether the arresting officer had reasonable cause to believe the respondent (the driver) was operating a motor vehicle in violation of Vehicle Code §§ 23152 or 23153. How is reasonable cause defined? What things can a respondent point to for lack of reasonable cause to believe DUI was taking place? For a short article on this very important issue, click on the following link.
Restitution in a criminal case is one of those areas that is widely misunderstood by judge, prosecutors and defense attorneys alike. Judges have difficulty because they are asked to apply a civil law burden of proof that they may be unfamiliar with, especially if the judge has no civil litigation experience. Defense attorneys are representing someone who may have committed a despicable crime, but argue that the damages are not properly proven, which can seem disingenuous, or at least awkward. Are security expenses, for example, something a victim can recover in restitution? What did one appellate court rule on this issue? To read the answer, click on the following link.
What are Arbuckle rights? Do they apply in a juvenile case in a restitution hearing? This issue came up in a recent appellate court decision wherein a juvenile believed one judge would resolve restitution one way, but another judge then stood in for the original judge at the restitution hearing and ruled quite differently (and unexpectedly). Was this improper? Did the juvenile’s Arbuckle rights bar this ruling? Click on the following link to find out.
Is it double jeopardy to convict someone and punish someone for both felony driving under the influence of alcohol, causing injury (Vehicle Code § 23152(a)) and then felony driving under the influence of alcohol and drugs (Vehicle Code § 23153(f)) as well? It there a constitutional ban on such a seemingly duplicative or redundant charge and then punishment? Are the two charges redundant of each other? Click on the following link to find out.