On March 29, 2018, the Court of Appeal reversed a Trial Court's decision denying Defendant's motion to suppress pursuant to Penal Code section 1538.5. The Court of Appeal ruled "the extended detention of defendant was unreasonable where the court could not say that the entire period of defendant's detention was justified by government interests made … Continue reading Important Court of Appeal Decision Regarding Prolonged Detention of Third Party During Probation Compliance Search
When bail is set, a defendant can post that bail in order to get out of custody pending the resolution of the criminal case. Sometimes, mostly in drug and financial crimes or fraud allegations, a "1275.1 hold" will prevent the defendant from posting bail unless a hearing is first held. A hold is placed on … Continue reading What is a Penal Code 1275.1 Hold on Bail?
The statement is a jarring one. Most of us react to such claim by saying "that's exactly what it means, actually." But aside from making a controversial billboard, the attorney that decided to make this statement the headline for his advertising started an important discussion. If you've ever served on a criminal jury, you know … Continue reading “Just Because You Did It, Doesn’t Mean You’re Guilty.”
Where do I go if charged with a crime? San Diego County has four courthouses that hear criminal cases (misdemeanors and felonies): Central Division in Downtown San Diego, South County Division in Chula Vista, East County Division in El Cajon and North County Division in Vista. Where a case is filed will depend where the … Continue reading 5 Things to Know About the San Diego County Criminal Justice System
BuzzFeed has reported that DC prosecutors have sought and obtained warrants to search over 100 phones of those arrested and charged with rioting. They also report that many were legal observers and journalist, which triggers interesting questions regarding the First Amendment and the protection and freedom of the press. The government's ability to search our … Continue reading Mass Phone Searches Following Inauguration-Day Rioting Arrests
Bail is collateral intended to motivate a potential defendant to participate in the criminal proceedings. When most people get arrested in San Diego County, they are booked into jail and bail is set based on a bail schedule. For instance, the standard bail for a DUI (VC 23152) arrest is $2,500, for an assault with … Continue reading California’s Bail System and a Move for Change
Each day, thousands of people request entry into the United States via the San Ysidro port of entry. At the border, individuals have significantly reduced constitutional protections against unreasonable searches and seizures; in fact, many detentions and searches are not deemed unreasonable because of the great national security interests. Of course, the main purview of … Continue reading Legal Implications of Customs and Border Protection Officers Making Arrests for Suspected Violations of State Law
A prosecutor in the UK thought so, when charges were filed against a woman for leaving a voicemail calling the alleged victim a “pu**y.” Apparently, the defendant had been trying to collect on a debt when the “criminal act” was committed. The court ultimately dismissed the case and expressed its displeasure with the prosecution’s efforts. … Continue reading Can Using an Insult Subject You to Criminal Charges?
We've all heard of the serious jailhouse informant issues plaguing the fair administration of justice, most notably, the Orange County case that is drawing attention from The U.S. Department of Justice. There, the constitutional abuses have been described as "systemic." Generally speaking, a jail house informant that receives a benefit for testifying against a defendant … Continue reading Lawyer Mocks Jailhouse Informant Witness, Gets Reprimanded
In a follow up to my earlier post indicating this was an issue of first impression in California, a San Diego Superior Court Judge ruled that the compelled disclosure of the defendant’s pass code violated the Fifth Amendment. Since the court determined, partly relying on U.S. Supreme Court precedent, that providing a pass code is … Continue reading San Diego Court Rules Warrant Ordering Defendant to Provide iPhone Pass Code Violated Fifth Amendment