San Fernando Valley Criminal & DUI Defense Lawyers

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Recent Developments in Bail Law in California

If you ask most lawyers about bail, they will tell you to call a bail bondsman. Many will even suggest you call one that they know and regularly do business with. This is probably not the answer you want to hear when you or someone you love is in custody and has questions about bail. What you want to hear is how your lawyer can help explain how bail works, what the options are for the client or the client’s family and how recent changes in the law may dramatically reduce the cost of bail. Bail Reduction First, when a client …

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Are You Really Innocent Until Proven Guilty?

Innocent Unless and Until Proven Guilty Beyond a Reasonable Doubt Being arrested can be a terrible experience. You can deprived of your liberty, you could be embarrassed, it cost money to post bail to get out of jail and in the case of certain famous athletes, you could lose your job. The NHL or the NFL can do what they like with their players or do what they wish to their players. Each organization has rules in place to deal with situations that occur. Should a player get arrested, the organization has a policy about how to deal with the player. Just …

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Your Rights When the Cops Show Up

Understanding Your Rights When the Cops Show Up “I was completely cooperative with the cops…Won’t that help me?” “Don’t I have to answer their [cops] questions?” “I told them [cops] the truth, how can they use that against me?” These are three very common statements at my office. I hear them all the time and I have been hearing the same questions for decades. My answers are still the same, no, no and absolutely. Do you know your Miranda Rights? “Well, yes” is usually the answer. Anything you say can and will be used against you in court. We have …

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Not One of the 65 People Who Gov. Brown Pardoned?

If you or one were not one of the 65 people on the list of those just pardoned by Governor last week, you should call me. One of the people who was pardoned Robert Phillip Brown who was convicted of murder in 1977. Brown spent a decade and a half behind bars before his release from custody. After leading an honest life and “exhibiting good moral character” he petitioned the court for a certificate of rehabilitation. The certificate of rehabiliatation, often referred to as an indirect pardon, is a court document which recommends to the Governor that the subject has …

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LA County John Noguez Will Stay in Jail – Bail Set at $1.16 Million Dollars

Los Angeles County Assessor John Noguez was arrested about 6 days ago after authorities suspected he was taking bribes in exchange for lowering peoples property taxes. In total he was alleged to have cost the County of Los Angeles $1.16 million in lost property taxes based upon his actions. Superior Court Judge Shelly Torrealba would not reduce Noquez’ bail when requested by his attorney. Typically base is set by “schedule” here in California. For every crime there is a corresponding bail amount. In certain cases like theft or fraud the bail schedule provides for setting bail at the same amount …

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State Law Enforcement Officers May be Restricted in Detaining Illegal Immigrants

The California Senate just signed a bill that will restrict state law enforcement agents from detaining illegal immigrants unless the immigrant has a prior conviction for a serious or violent felony. The bill is going to the State Assembly soon where it is expected to pass. The new law may lead to some conflicts between federal and state law. It sounds like law enforcement officers are going to have to think on their feet after they contact an immigrant while on duty. Police will have to make a determination whether or not the immigrant has a significant enough criminal history …

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Zimmerman Released After Posting One Million Dollar Bail Bond

George Zimmerman was just released after he posted a one million dollar bail bond. His release surprised me because that is a high bond amount. Apparently Mr. Zimmerman has a lot of “friends” who helped fund this undertaking. Posting a million dollar bond normally costs the defendant 10 percent or $100,000.00. This fee is earned by the bond company as soon as the defendant is released from jail. In addition, and more important to the bond company is securing the bond should the defendant fail to appear in court as ordered. If the defendant does not go to court, the …

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Cities Can Ban Marijuana Dispensaries

A three judge panel in the 4th District (Riverside) Court of Appeal of the State of California just ruled that cities and counties are free to ban medical marijuana dispensaries in their jursidictions. This case followed another case in Long Beach where the 9th Circuit Court of Appeal ruled that Long Beach could not make laws specifically authorizing medical marijuana dispensaries because the drug still remains illegal under federal law. Taken together the new ruling are very damaging for the medical marijuana community. At least in so far as it pertains to dispensaries. While these new laws will have little effect on …

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Spy Plane Coming To Lancaster, California

The Lancaster City Counsel just approved a spy plane to conduct aerial surveillance over Lancaster ten hours per day and seven days per week. The images captured by the occupied plane will supposedly be transferred directly to the Sheriff’s Department and viewed by assigned deputies in the station. Comments regarding the surveillance plane are mixed at best. Some residents, including the City Mayor, R. Rex Parris are happy about the crime fighting potential the plane may have. The ACLU has other concerns. Why should honest people who are not breaking the law be subjected to surveillance by the cops and …

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Convicted Murderer Released After Judge Overturns Murder Conviction

Los Angeles Superior Court Judge Kelvin Filer overturned the murder conviction of Obie Anthony and ordered that he be immediately released from jail. Anthony, age 37, spend 17 years in custody after his conviction for killing a man outside a South Los Angeles brother. The judge was very critical towards prosecutors in the case because they failed to disclose to the jury that they made a deal with their main witness. The witness, John Jones agreed to testify in order to get a lighter sentence on his charges of pimping and pandering. Jones also testified against a co-defendant, Reggie Cole, …

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Help Stop the Execution of Troy Davis

As a criminal defense attorney I am constantly trying to stay up to date on new criminal case law and legislation as well as the state of the justice system in California and the United States. One of the ways I do this is by getting emails from organizations like the American Civil Liberties Union, National Association for the Advancement of Colored People, the Anti-Defamation League and even the National Rifle Association’s Institute for Legislative Action. As anyone who reads my blog likely knows, I have fairly conservative views and I rarely jump on any liberal bandwagons. I recently got …

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Police Questioning of Students at School Requires Miranda Warnings

The Supreme Court rules that when police take a child out of school for the purpose of questioning them about a crime, Miranda warnings are required. In a 5 to 4 ruling, Justice Sotomayor clearly indicated that children deserve a higher level of protection from potential police abuse than adults. Prior to this ruling, police could remove a child from his classroom and ask the child questions which intended to gain incriminating responses. Police were allowed to do this without an adult present and without Mirandizing the child. In what seems to me to be a very well reasoned opinion …

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U.S. Supreme Court Says Gun Ownership is a Right Under the Second Amendment

In recent the case of McDonald v. Chicago, the United States Supreme Court voted 5 to 4 saying that the Second Amendment does in fact protect our right to keep and bear arms.  The Court was overturning the City of Chicago’s laws restricting one’s right to own certain guns and banning the possession of all handguns. This decision went much further than the two year old case of District of Columbia v. Heller, which never came out and used the words of the Second Amendment.  You can view the new opinion on the Supreme Court website. For opinions or explanations about the …

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