California Criminal Defense & Family Law Blog
Category Archives: Criminal Defense
What if police officers have indiscriminately enforced the law against me?
November 22, 2009
Is There Anything I Can Do When The Law Has Indiscriminately Enforced Against Me? A court cannot preclude from the discovery process evidence of discriminatory enforcement of the law against defendants and can be a valid defense in state and … Continue reading
Posted in Criminal Defense, Felony, Misdemeanor Tagged constitutional, Criminal Defense, criminal procedure, discovery, murguia defense, rights Leave a comment
If I’m convicted of a drug charge, will that affect my immigration status?
November 20, 2009
Controlled substance convictions may affect immigration status In Bermudez v. Holder, a court recently ruled that possessing “a pipe and/or packets” that are used with the drug methamphetamine is a violation of the state law “relating to a controlled substance.” … Continue reading
Posted in Criminal Defense, Drug Charges, Marijuana Charges Tagged controlled substance, conviction, Drug Charges, green card, immigration consequences Leave a comment
Police must know of parole search condition before conducting a search
November 15, 2009
When can the police conduct a search? Searches conducted by police officers are lawful if the police have a legitimate reason to conduct the search. To determine if a search is lawful, a court will base its decision on circumstances … Continue reading
Posted in Criminal Defense, parole, Warrantless Searches Tagged parole, probation, search Leave a comment
Is it necessary to be handcuffed?
November 8, 2009
Generally, handcuffing a suspect during an arrest is allowed when the police officer has a reasonable basis for believing the suspect poses a present physical threat or might flee. Circumstances in which handcuffing is considered necessary include when: (1) the … Continue reading
Posted in Criminal Defense, Felony, Misdemeanor Tagged constitutional rights, Handcuffed, searches Leave a comment
Police need reason to suspect that a person is armed and dangerous to conduct pat down search
November 7, 2009
In order to conduct a pat down search of a person, the police must have a clear reason or suspicion that the person is armed and dangerous. If a person is only sitting in front of house where officers intended … Continue reading
Posted in Criminal Defense, Warrantless Searches Tagged armed and dangerous, Criminal Defense, pat down searches, Warrantless Searches Leave a comment
What if I’m facing a misdemeanor drunk in public charge?
November 6, 2009
Intoxicated in a Public Place? A person may not be convicted of being drunk in public based on a police officer’s order that the person come out to a public place or if the person agrees to a police request … Continue reading
Posted in Criminal Defense, Misdemeanor, Public Intoxication Tagged Criminal Defense, drunk in public, Misdemeanor Leave a comment
Terms of probation cannot limit entry into the United States for a US Citizen
November 5, 2009
As a condition of a minor’s probation, a juvenile court cannot restrict or limit a United States citizen minor’s ability to enter the United States. In the recent case of Alex O. v. Superior Court, a minor who was a … Continue reading
Posted in Criminal Defense, probation Tagged juvenile court, minor, probation Leave a comment
If I’m a minor, can I be searched and patted down by police officers for any reason?
November 4, 2009
When can a minor be searched and patted down by police: The police need specific facts to justify their suspicion that a minor is armed and dangerous before they conduct a pat-down or search of the minor. Case law, including … Continue reading
Posted in Criminal Defense, Warrantless Searches Tagged criminal law, minor, pat downs, police officer searches, Warrantless Searches Leave a comment
If I’m a minor on probation can I be searched for any reason?
October 27, 2009
Minor on Probation Cannot be Searched Unless Police Have a Reason In order to conduct a search of the minor on probation who has not given the police a reason to search him, the officer must already know of the … Continue reading
Posted in Criminal Defense, probation, Warrantless Searches Tagged criminal case, frisk, minor, Probation violation, search and seizure Leave a comment
Case Gets Dismissed After 26 Years Because Of A Denial of The Defendant’s Right to a Speedy Trial
June 18, 2009
In People v. Mirenda, the court found that a defendant was denied his right to a speedy trial and his case was dismissed because criminal charges had been filed 26 years before prosecution actually had begun on the case. There, … Continue reading
Posted in Assault, Criminal Defense, Violent Crimes Tagged Criminal Defense, prejudice, right to a speedy trial Leave a comment
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