What is Grand Theft Auto?
Grand theft auto, also referred to as "GTA," is not just a video game.
View ArticleDo Warrants Expire?
Our office often receives phone calls from folks aware that "a warrant was issued" and they are anxious to know what do to next, as they fear police may execute it on them at any time. Our first...
View ArticleWhat is Receiving Stolen Property (Penal Code Section 496)?
Receiving stolen property happens when someone purchases or obtains possession of an item that was acquired by the seller or "giver" by theft (i.e. burglary, embezzlement, shoplifting, robbery), fraud...
View ArticleDUI Based on Ambien-Induced "Sleep Driving?"
Unconsciousness is a complete defense to a criminal charge unless defendant voluntarily induced his or her unconsciousness. Voluntary intoxication includes the taking of an intoxicating drug while...
View ArticleStreet Racing and Assault With Deadly Weapon (The Car) Conviction Upheld When...
In the early evening hours of January 9, 2009, Aren Aznavoleh was driving a red Quest minivan eastbound on Glenoaks Boulevard in Glendale. Two witnesses at different locations observed his van going at...
View ArticleWhat is Tampering With a Vehicle (Vehicle Code Section 10852)?
Under Vehicle Code § 10852, it is illegal to tamper with a vehicle. The text of 10852 reads, "[n]o prison shall either individually or in association with one on more persons, willfully injure or...
View ArticleIf I Am Arrested, Can Police Look at My Text Messages?
Erik Rangel allegedly beat and stabbed a man in a San Mateo park. The crime was believed to be gang related. Days later, a judge signed a warrant for Rangel's arrest and a search warrant for Rangel's...
View ArticleDoes the Law Against Carrying a Dirk or Dagger Violate My Constitutional...
On September 28, 2010, a security guard removed Kenyatta Quinn Mitchell from the San Diego trolley because Mitchell did not have a ticket to ride the trolley. Another guard came to assist and noticed...
View ArticleYour Cell Phone May Incriminate You of More Serious Offenses in a Traffic Stop
In today's world, the reality is that cell phones function in many ways beyond devices to talk to one another. We send e-mails, texts, leave voicemails, post messages to Facebook, watch videos, sent...
View ArticlePrison Sentence? It May Be Served in County Jail Under a New California Law...
A prison sentence often not only means a long period of incarceration, but also a long distance away from loved ones, making visits difficult. While California does have thirty-three prisons statewide,...
View ArticleCriminal Liability For Animal Cruelty Was Vague Until Now
Under California Penal Code § 597, one can be charged with either felony or misdemeanor animal cruelty or neglect. There is no standard jury instruction on this offense, so in each trial, counsel must...
View ArticleArrested and Released For DUI? Think Again - The Police May Have Your Saliva...
Troy Thomas was a suspect in six unsolved residential burglaries from 2006 to 2008. In five of the burglaries, genetic material from the suspect was collected at the home. In the sixth burglary, an...
View ArticleWhat is a Preliminary Hearing?
In every felony case, a preliminary hearing is required. The hearing's purpose is to test the sufficiency of the evidence to determine whether the case merits continued attention. The accused can waive...
View ArticleWhat Are the Immigration Consequences of a Conviction For a Drug Offense?
It is not uncommon for our clients who are not U.S. citizens to ask us if they are subject to deportation if convicted of a drug offense. The client may have a business he or she owns here in the...
View ArticleDouble Jeopardy Prevents Conviction For Criminal Threats Involving Rottweiler
The Double Jeopardy Clause of the Fifth Amendment to the U.S. Constitution is often a purely academic concept taught in law school, but never having any application once one leaves the ivory towers of...
View ArticleWhat is a "Wobbler" And May a Felony Be Reduced to a Misdemeanor?
A "wobbler" is a criminal offense that can be charged as either of a felony or misdemeanor violation. There are several common offenses that a prosecutor can chose to charge as either a felony or a...
View ArticleA "No Contest" Plea to New Criminal Charges Can Constitute a...
Our office often receives phone calls from folks with a sense of panic in their voice. The caller explains that he or she is on probation and "picked up a new case." The person is concerned that if...
View ArticleCalifornia Federal Court Errs in Imposing Residency Restriction on Man Who...
In both state and federal court, it is common for courts to impose probation conditions that prohibit sex offenders from living near certain areas that might cause the offender to relapse and endanger...
View ArticleCo-Owner of Computer Can Validly Consent to Search of Computer That...
Kevin Stanley and his girlfriend, Tiana Stockbridge, lived together until the two broke up in 2004. While they were together, they co-owned a computer, which they each used. Stanley had a password to...
View ArticleRomero Motion Denied on Case Involving Multiple Strikes From Same Incident
In 1999, Darlene Vargas was convicted of both carjacking and robbery arising out of her role in the theft by force of a car.
View Article