Archive for the ‘Uncategorized’ Category

When a couple gets into a fight and they both get arrested for domestic violence, the case becomes problematic for the District Attorney’s Office. The reason for this is simple, a defense to domestic violence is self defense. If the arresting agency cannot determine who was the aggressor, and then in an abundance of caution, […]

Today in Alhambra Court, I was finally able to get someone from the DA’s office to listen and actually hear what I was explaining to them. My client had been arrested for driving under the influence of marijuana. The prosecution knew they had an uphill battle, as there was no bad driving, and non alcohol […]

So much for the prosecution’s duty to seek justice and not a conviction.  Once again gamesmanship prevails, in this case the DA (somehow) got an order from the court that the defense NOT be allowed to discuss or expose the details of a plea agreement between the DA and witness.  Fortunately the appellate court sought […]

A single grant of consent does not, as a matter of law, prohibit more than one search. An officer may conduct more than one search if, under the totality of the circumstances, a reasonable person would conclude that any subsequent search fell within the boundaries of the defendant’s consent.      People v. Valencia First of […]

Defendant’s admissions that he pointed shotgun alongside accomplice–as accomplice aimed rifle at intended victim–and pulled the trigger to make a “click” noise, thereby emboldening accomplice to shoot, were sufficient to support firearms enhancement, even if shotgun was inoperable and unseen by anyone else. There is no requirement that victim see or perceive firearm for enhancement […]

Defendant charged with DUI with injury and related offenses was entitled to sua sponte instruction under Penal Code Sec. 26, which exempts from criminal responsibility persons who committed the act charged “without being conscious thereof,” where there was evidence supporting defendant’s theory that he could not be found guilty because the reason he crossed double […]

To support a probation search, officers needed only a “reasonable suspicion” to conclude that the probationer owned, controlled, or possessed an item within the probationer’s residence, and did not have to meet the higher standard of probable cause.      United States v. Bolivar – filed February 29, 2012 I’m sure you are all aware by […]