Can You Be Arrested, Charged And Convicted Of A DUI In San Diego County If You Are Not Observed Driving? 

The title is a bit misleading, because really, one can be arrested for any alleged crime. The important questions are whether the officer had probable cause to make the arrest and whether the prosecuting agency, later, has enough evidence to meet their burden at trial. But to answer the question posed, yes. California law allows the … Continue reading Can You Be Arrested, Charged And Convicted Of A DUI In San Diego County If You Are Not Observed Driving? 

Mass Phone Searches Following Inauguration-Day Rioting Arrests

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

California’s Bail System and a Move for Change

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

Can Using an Insult Subject You to Criminal Charges?

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?