California Criminal Law | Constitutional Rights

Can You Avoid A Prostitution Conviction By Claiming You Were Doing Porn?

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…

California Criminal Law | Constitutional Rights

When Can the Cops Search My Car?

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…

California Criminal Law | California DUI law | California Traffic Tickets

The importance of a DUI Lawyer doing the Widmark calculation and questioning assumptions.

It’s important to know how to do a widmark calculation manually. By doing this, you will know where they expert will be and what the prosecutor will ask. The most common calculations are number of drinks and what will a person alcohol level be with this amount of drinks, time, weight, etc, and the retro…

California Criminal Law | California DUI law | California Traffic Tickets | Constitutional Rights

Can the police hold my car after a DUI arrest?

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…

California Criminal Law | Celebrities and the Law | Constitutional Rights

Obama’s New Immigration Policy

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,…

California Criminal Law | California Family Law

Cleaning up a California Criminal Record

As a California Criminal Defense Lawyer I get calls every day from people looking to clean up their criminal record.   Cleaning up a California criminal record can done for many reasons.   Most of the time the motivation to do something about an old criminal conviction in California comes from one of following factors: 1-Employment-Cleaning up…

California Traffic Tickets

What Does “Using” A Cell Phone While Driving Mean? Examining CVC 23123 and CVC 23123.5

Technology grows at an exponential pace. The phone you’re using to view this article is probably more advanced than the computers California legislators were using to draft statutes regulating cell phone use on the road. When your elected representatives first passed SB 1613 and SB 28, mobile communications devices were still in its pre-Darwinian stages…

California Criminal Law

1985 Conviction For Murder in South Pasadena Overturned in the Los Angeles County Superior Court, Pasadena Courthouse

A man who spent the last 27 years in prison after being convicted of murder in 1985 out of the Los Angeles County Superior Court, Pasadena Courthouse, had his conviction overturned by a Pasadena Judge yesterday. The conviction stemmed from a murder that had taken place in 1984 in South Pasadena. The man, who elected…

California Criminal Law

What If Brian Downing Lived In California? Significance of Jessica’s Law For People Facing Sex Charges.

If you’ve never heard of Brian Downing, a simple Google or YouTube search would generate a lot of hits under his name.  Be forewarned if you decide to take the latter route. Long story short, this rabid University of Alabama aficionado allegedly placed his nuts on the facial area and body of an inebriated LSU…