Recent Blog Posts

Truth

Attorney Ivan O.B. Morse — Thu, 10 May 2012 23:20:00 GMT

He who knows nothing is closer to the truth than he whose mind is filled with falsehoods and errors.

Thomas Jefferson

Price of Freedom

Attorney Ivan O.B. Morse — Wed, 09 May 2012 23:15:00 GMT

The price of freedom is eternal vigilance.Thomas Jefferson

Liberty

Attorney Ivan O.B. Morse — Tue, 08 May 2012 23:10:00 GMT

People will live under the worst possible condictions just because they are used to them. Thomas Jefferson

Right to have Guns

Attorney Ivan O.B. Morse — Mon, 07 May 2012 23:11:00 GMT

The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government. Thomas Jefferson

Liberty is Dangerous, but it beats the alternative

Attorney Ivan O.B. Morse — Sat, 28 Apr 2012 23:40:00 GMT

Liberty is always dangerous, but it is the safest thing we have. ~Harry Emerson Fosdick

Price of Freedom

Attorney Ivan O.B. Morse — Fri, 27 Apr 2012 23:40:00 GMT

Those who expect to reap the blessings of freedom, must, like men, undergo the fatigue of supporting it. ~Thomas Paine

Theft, Grand Theft, Petty Theft

Attorney Ivan O.B. Morse — Thu, 26 Apr 2012 23:25:00 GMT

Petty theft is a misdemeanor that carries a penalty, for a 1st time conviction, of up to 6 months in the county jail and fine of up to $1,000 plus penalty assessmentrs. Petty theft applies to items having a value of less than $950.

Grand Theft is a wobbler, that is, it can be charged as a felony or a misdemeanor. Grand Theft applies to items having a value greather than $950,

Arrested DUI - 3 Things to Do

Attorney Ivan O.B. Morse — Thu, 26 Apr 2012 23:22:00 GMT

After being arrested for DUI, or any crime, 3 things to do:

Immediately write down the events preceding, during, and following your arrest. Note what you ate and when, whether you took any medication, and as exactly as possible, how much you had to drink and when as exactly as possible. Who were you with and where did you go?
Next, write down everything that police officers said to you and any reply you made. Replay the conversations and document the exact words. Note whether anyone else was present during these conversations. Record their names and contact information, and ask them to write down everything they remember.
Retrieve your car and if it contains anything noteworthy like alcoholic containers, have a friend or relative photograph those items and note whether any liquids remain in them. If your license has been suspended, have someone else drive the car home for you.
Contact the DMV within 10 days of your arrest or you will lose the right to appeal the suspension of your driving privileges. If you hire an attorney within 10 days, he or she will contact the DMV for a hearing.

Was I legally Stopped by the police

Attorney Ivan O.B. Morse — Wed, 18 Apr 2012 19:45:00 GMT

Was I stopped legally?

A motorist can be stopped for a variety of reasons, including improperly working equipment on your car, erratic driving or if an officer has a reasonable and explainable basis to believe that a traffic law or other law has been violated.

It is important to have a criminal defense attorney familiar with the 4th Amendment to ascertain whether or not the police lawfull stopped you. If they did not have a lawful reason to stop you, then everything that the police observed and did after the stop cannot be used against you, absent an exception.

Contact a Criminal Defense attorney to evaluate the facts and circumstances of your stop and arrest.

DUI Law

Attorney Ivan O.B. Morse — Wed, 18 Apr 2012 19:43:00 GMT

If you are convicted of a 2nd DUI within 10 years, you will be eligible to obtain a restricted license after 90 days. If stopped and arrested for a 2nd DUI in California, you will need to contact the DMV within 10 days or your license will be suspended. Contact DUI Attorney Ivan Morse for representation in Alameda County to insure your rights are protected.

What should I do after I am released from jail?

Attorney Ivan O.B. Morse — Fri, 09 Dec 2011 00:21:00 GMT

1)Immediately write down the events preceding, during, and following your arrest. Note what you ate and when, whether you took any medication, and as exactly as possible, how much you had to drink and when as exactly as possible. Who were you with and where did you go?

2)Next, write down everything that police officers said to you and any reply you made. Replay the conversations and document the exact words. Note whether anyone else was present during these conversations. Record their names and contact information, and ask them to write down everything they remember.

3)Retrieve your car and if it contains anything noteworthy like alcoholic containers, have a friend or relative photograph those items and note whether any liquids remain in them. If your license has been suspended, have someone else drive the car home for you.

4)Contact the DMV within 10 days of your arrest or you will lose the right to appeal the suspension of your driving privileges. If you hire an attorney within 10 days, he or she will contact the DMV for a hearing.

5)Stay out of trouble while your case is pending. New infractions will make matters worse.

6)Hire an experienced and qualified DUI attorney to represent you. The next answer offers some suggestions for this task.

What are the possible penalties for DUI in California?

Attorney Ivan O.B. Morse — Fri, 02 Dec 2011 19:05:00 GMT

Even for a first time offense, the penalties for a DUI in the State of California can be very serious. Such penalties include:

-4 days to 6 months in Jail, with atleast 48 hours of continuous jail time .

-Fines and assesments which may vary per county but generally total $1,300-$2,200

-Car may be impounded for up to 6 months if owned by defendant

-Ignition interlock for up to 3 years

-3 months of attendance at a state-sponsored DUI school

-6 month suspension of driving privileges

Having a child under 14 in the car, speeding 20 mph on surface streets and 30 mph on highways, refusing to take a chemical test, or having one or more previous convictions within the last 10 years will increase the penalties.

Each county in California has different sentencing policies and plea dispositions for DUI offenses. For example, one county may impose no jail or trash pickup time for a first-offense DUI, but never offer a reckless driving disposition. Another county may demand two days of jail time, but routinely wipe it out with two days credit for time served.

Within each county, plea and sentencing practices can vary from courtroom to courtroom, depending on the judge or the deputy district attorney assigned to the case.

Understand that the future potential consequences are severe if you are arrested and charged again with driving under the influence. That look-back period is forever increasing (legislation in 2005 increased the 7-year look-back time period to 10 years).

If you have been arrested two or more times for DUI, the court will look more favorably on you if you take immediate steps to address your drinking problem (e.g., daily attendance at AA meetings, outpatient or residential treatment with proof of it for the court).

If you or a loved one has been arrested for Driving Under the Influence, call the Law Office of Ivan O.B. Morse at 925-828-5307

Michael Jackson's Doctor Found Guilty of Manslaugher

Attorney Ivan O.B. Morse — Fri, 18 Nov 2011 20:58:00 GMT

Michael Jackson's doctor was convicted of involuntary manslaughter in the pop star's death for supplying an insomnia-plagued Jackson with a powerful operating-room anesthetic to help him sleep as he rehearsed for his big comeback.

Dr. Conrad Murray sat stone-faced, his chin held high, as he heard the verdict that could send him to prison for up to four years and cost him his license to practice medicine. He was handcuffed and immediately led off to jail without bail to await sentencing Nov. 29.

Do Police Have A Right To Search Your Phone Without A Warrant? (4th amendment; search and seizure)

Attorney Ivan O.B. Morse — Fri, 21 Oct 2011 17:20:00 GMT

Governor Jerry Brown has vetoed a bill that would make it illegal for Police to search your cell phones without a warrant in the State of California.

This means that Police are legally allowed to search your cell phones incident to arrest and without a search warrant, regardless of what is clearly stated in the fourth amedment which makes warrantless search and seizure unreasonable.

This news brings feelings of discontent to strong advocates of privacy and ardent supporters of the fourth amendment to the U.S. Constitution.

Governor Brown signs law regarding underage tanning.

Attorney Ivan O.B. Morse — Tue, 11 Oct 2011 20:22:00 GMT

Governor Jerry Brown has signed a Senate Bill into law the prohibits minors(anyone under the age of 18) from using tanning beds. Senate Bill 746 replaces the current law that allows teens between the ages of 14-17 to use indoor tanning beds with permission from a parents. The law, which takes effect starting January 1, 2012, is said to be a step towards preventing melanoma.