Blog

Every person has their own distinctive DNA. The only exception is identical twins. DNA is found in the nucleus of all cells in your body except for red blood cells. In criminal cases, typically DNA will be extracted from samples of blood, saliva, hair or skin. In a typical criminal case, a DNA sample is… Read More

Sentences from criminal offenses have increased since the 1980’s.<> Last November, Californian voters refused to pass Prop. 5, a measure which could have saved the state millions of dollars by expanding treatment rather than incarcerating offenders. Politicians have led the trend in promulgating “tough on crime” legislation and all too often offenders receive excessive sentences, which end up costing… Read More

In 1987 the California Court of Appeal dealt with the issue: whether sobriety checkpoints are permissible under the federal and state Constitutions. They concluded that sobriety checkpoints conducted in accordance with certain guidelines were permissible under the United States and California constitutions. One of those guidelines is advance publicity of the DUI checkpoint. The court… Read More

If you see signs for a DUI (sobriety) checkpoint YES you may avoid the checkpoint by legally making a left-turn onto another street or if allowed you may turn around (u-turn). The case where this was determined is Ingersoll v. Palmer, 43 Cal. 3d 1321. The court in that case said that if you see… Read More

In 1987 the California Court of Appeal considered whether sobriety checkpoints are permissible under the federal and state Constitutions. They concluded that sobriety checkpoints conducted in accordance with certain guidelines were permissible under the United States and California constitutions. One of those guidelines is advance publicity of the DUI checkpoint. The first ever sobriety checkpoint… Read More

As we mentioned in the pre-trial conference section, sentencing is a decision made by the judge, either following a guilty or no contest plea, or a guilty verdict at the end of a jury trial.  The charges filed against a defendant can give a range for sentencing, but the judge makes the final decision.  So,… Read More

An appeal is a way to challenge a jury’s verdict at trial.  In an appeal, you cannot make new arguments, introduce new evidence or call witnesses.  Instead, you challenge the decision made by a jury.  Also, names and terms change, as the defendant in the previous trial is now called an appellant.  To begin the… Read More

Pre-trial conferences always before a trial, and sometimes before a preliminary hearing (only in felony cases, see previous section). The purpose of a pre-trial conference is for the prosecutor, defense attorney and judge to meet and discuss a possible plea bargain. A plea bargain is also known as a “deal,” a deal is usually made… Read More

If your case gets all the way to a jury trial, here is what you can expect.  First, a jury is selected.  Approximately 100 citizens are brought to court.  The judge, defense attorney and prosecutor question them in an effort to find 12 fair and impartial jurors.  Next, the judge decides whether certain evidence will… Read More

DUI/DWI checkpoints must be disclosed by the agency conducting the enforcement. The checkpoints are usually disclosed through the news, either in print or television. Look at your local newspaper to see if your local agency published the location of upcoming checkpoints, or watch the local news. You can also research the date, time and location… Read More