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If you must register under California Penal Code section 290 for an offense that was alleged to have been committed before November 8, 2006 and are on parole on or after November 8, 2006, you likely fall under the stringent requirements of California Penal Code section 3003.5(b) which forbids any California Registered Sex Offender on…
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Last Sunday, Governor Brown signed into law AB 2189. This bill would permit undocumented individuals who are given relief under the UCIS’ Deferred Action For Childhood Arrivals Process to receive a valid driver’s license from the Department of Motor Vehicles. For a person to be granted deferred action, the individual must meet the following requirements: 1) Was…
The Necessity Defense. Is it ever legal to break traffic laws? As a California criminal defense lawyer, I hear this question all the time from potential clients. I usually get a call on the 800 line at 800-797-8406 that starts with “I got a ticket but it’s a bullshit ticket…….”. And then the good…
What do I do? If you are pulled over and you have been drinking then I recommend you skip the field sobriety test and do not answer any questions as to drinking. In fact, you should tell the officer to cite you for what you were pulled over for and let you continue to your…
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Yes, but there are a lot of issues to consider. In California, there is a difference between pornography and prostitution and I’m not talking about the bad acting…from what I’ve heard of course. In the landmark case of People v. Freeman, the California Supreme Court held for an act to be prostitution, the money or…
The 4th Amendment to the U.S. Constitution protects your right to be free from unlawful searches and seizures. That means the cops can’t search your body, your house, your purse, your man-bag, or your vehicle unless they have “probable cause,” or in some cases, “reasonable suspicion” (reasonable suspicion is something less than probable cause). Every…
It happens hundreds of times every day throughout this country, someone is arrested for a DUI. But what happens to the car? In many instances the police will leave the car parked in the same spot where you were pulled over and simply lock the keys inside the car. In other instances, the police will…
On Friday June 15, 2012, President Obama’s administration announced the largest change in US Immigration policy in decades. After years of stalled talks about the dream act, immigration reform, and amnesty; reality hit the fan in about 30 seconds on Friday. According to the press release on the US Department of Homeland Security website,…
This is a question I get A LOT. How do I stay out of jail on my 2nd DUI offense in California? If you have been charged with a 2nd DUI offense in California within 10 years you are subject to enhanced sentencing under the California Vehicle Code and part of the mandatory minimum sentence…
It is vital to seek the help of an attorney that has experience specifically in juvenile court because it’s a different world. In juvenile court the terminology is different, the procedures are different and even the law can be different. Many defense attorneys practice mostly in adult criminal courts and will from time to time…
