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Blog Posts in Criminal Defense

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  • Misdemeanor Bail: Innocent Until Proven Guilty (Convicted)
    Misdemeanor Bail: Innocent Until Proven Guilty (Convicted)

    Presumed Innocent Courts have held that being charged with a crime cannot, as a constitutional matter, give rise to any inference (for the purposes of setting bail) that the individual is more likely ...

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  • Community Caretaking Function and the Fourth Amendment
    Community Caretaking Function and the Fourth Amendment

    In 1999, California devised a new rule that stated, under the Community Caretaking Function, certain police searches and seizures were okay without a warrant. This new interpretation of the law was ...

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  • DUI Arrest and the California Department of Motor Vehicles
    DUI Arrest and the California Department of Motor Vehicles

    When a person is arrested for DUI, 2 things are going on: The California Department of Motor Vehicles (DMV) wants to suspend the driver’s license; and The court wants to punish the driver. It is very ...

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  • Current US Supreme Court Justices - 2019
    Current US Supreme Court Justices - 2019

    Front row, left to right: Associate Justice Stephen G. Breyer, Associate Justice Clarence Thomas, Chief Justice John G. Roberts, Jr., Associate Justice Ruth Bader Ginsburg, Associate Justice Samuel A. ...

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  • California Has a Debtor’s Prison
    California Has a Debtor’s Prison

    No excuse for being unable to pay fines. i.e. Being too poor = GO TO JAIL. Until recently, courts have held there is nothing wrong with incarcerating a person who doesn’t pay court fines and fees. In ...

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  • Unreasonable Searches of a Vehicle in California
    Unreasonable Searches of a Vehicle in California

    Even if you are on probation, that does not give police the right to arbitrarily detain you for no reason, especially if the officer doesn’t know you are on probation at the time of initiating the ...

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