November

Blog Posts in November, 2015

  • Should Your Represent Yourself In Criminal Court? Faretta v. California (1975) 422 U.S. 806).

    Should You Represent Yourself In Criminal Court? The 6 th Amendment of the United States Constitution guarantees that all persons accused of criminal acts have the right to the assistance of counsel. The Courts have interpreted this guarantee to include the right of the accused to represent themselves at trial ( Faretta v. California (1975) 422 U.S. 806). Despite non-attorneys' limited ...
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  • What Constitutes Illegal Gambling?

    Gambling has long been a favored pastime in the United States. In California, gambling is heavily controlled, limiting where and when you can gamble and the ways in which you can gamble. Many Californians simply head to Vegas for the weekend to get their gambling fix in, but those who choose to stay in-state could face criminal prosecution. Gambling in California is regulated by the Bureau of ...
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  • What Is Arson?

    Fire has significant destructive powers. Accordingly, fire can cause severe damage to wildlife and property and can cause severe injury and even death. California is particularly vulnerable to the destructive forces of fire, as its wildfires cost hundreds of millions of dollars annually in control, clean up, and repair efforts. Due in part to California's vulnerability to fire, arson is a heavily ...
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  • Do I Need to Be Driving to Get a DUI?

    California DUI laws are fairly comprehensive. They account for driving under the influence of drugs and/or alcohol and cover a range of circumstances where a person may be in control of a vehicle while under the influence. Being in control of a vehicle doesn't necessarily mean you were driving it. If you have been arrested on suspicion of a DUI, but were not actually caught in the act of driving, ...
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  • What Are the Penalties for Trespassing?

    Property owners of all kinds, be it an individual or a municipality, have a right to freedom from trespassers on their property. In a densely populated state such as California, this freedom is often threatened. Under California law, it is a chargeable offense to knowingly and intentionally enter onto property or land you do not own without the owner or possessor's consent, to include failing to ...
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  • Serna Motion - Barker v. Wingo (1972) 407 U.S. 514

    Whether looking for a new job, seeking promotions, or otherwise trying to improve one's position in life, unresolved criminal cases can cause a significant negative impact on those efforts. Under the 6 th Amendment to the United States Constitution, the right to have a speedy trial is recognized. This right was reiterated by and incorporated into the California Constitution (Article I, Section ...
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  • What Is Vehicular Assault?

    Assault is a very broad criminal charge in California. To be guilty of assault , one needs to make an unlawful attempt to violently injure another person and they have to have the present ability to do so. An attempt at inflicting a violent injury can include anything from a fistfight, throwing an object at someone with the intent to harm them, hitting them with a bat, cutting them with a knife, ...
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  • What is a Remitter?

    Today my client’s case returned on remitter to the trial court from the appeal court. This case was sent back to the trial court for re-sentencing because one of the counts was dismissed due to insufficient evidence presented at trial. After a trial when a defendant is found guilty of any charges the defendant may request an appeal of his case. After sentencing the defendant has 60 days to file a ...
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  • When Is it Illegal to Post Flyers?

    If you drive by any street corner in a residential area on a weekend, you are bound to see a couple of yard and garage sale signs. If you walk by a utility pole on a city street, you may see flyers posted up for musical acts, events, items for sale, services offered, missing pets, or public service announcements. Posting flyers for your business, for public awareness, or even for a yard sale is a ...
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  • Probable Cause and Encounters With The Police

    All arrests begin with an encounter with law enforcement, but not all encounters with Law enforcement should end in an arrest without initial probable cause. In a recently decided California Appellate Case [People v. Linn (1 st App.Dist. Div.Two 2015) A145052] the Court examined the question as to whether a voluntary encounter with law enforcement rises to the level of a detention. The Fourth ...
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  • What Is Excessive Speeding?

    The California rules of the road prohibit anyone from driving faster than is safe for the conditions of the road at any given time. Though there are posted speed limit signs on most roads, and default, "prima facie" speed limits as set forth in city ordinances, California drivers must also always take into consideration what a safe speed is, given the conditions. With notoriously bad California ...
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