Articles Posted in Uncategorized

On April 18, 2013, the United States Supreme Court made a ruling that directly affects Drunk Driving Cases in California and across the country. The Supreme Court case is Missouri v. Mcneely, 2013 DJDAR 4918. Previous to this court ruling it was generally held that if a driver suspected of driving under the influence of drugs or alcohol…

Whenever a person who is 17 or younger is arrested for a criminal offense the case is referred to the Juvenile Justice system in the county where the crime occurred. Criminal cases in the Juvenile system are treated very differently then adult cases. Whereas the authorities tend to concentrate on punishment for adult offenders, the emphasis in…

Andrew Luster is the great-grandson of cosmetics magnate, Max Factor. Luster was accused of plying three women with the rape drug GBH and then raping them and videotaping the act. He bailed out at 1 million dollars and fled to Mexico. In a situation made for Hollywood the bounty hunter and reality TV star Duane “Dog” Chapman captured him…

Under the Constitution of the United States and the California State Constitution everyone has a right to a ‘Speedy Trial’. This means that once you are charged and/or in custody they must give you a trial within a reasonable time frame. The specific amounts of time are left to the states. In a California misdemeanor case you…

Downtown Fullerton, California, will be getting more of a police presence in an effort to combat drunk driving according to the Orange County Register. There will be more officers and operations placed in the area in order to check drivers for alcohol consumption. The police department received two grants from the State Office of Traffic Safety. One grant…

The Orange County District Attorney has been resolving criminal cases by having the Defendant give their DNA in exchange for dismissals of usually minor cases. This program in Orange County has only been in effect for the last couple of years and had generally been very beneficial to Orange County Defendants facing minor criminal charges…

There are two sources in California law for Restraining Orders: Family Code Section 6203 and Code of Civil Procedure 527.6. The family code section pertains to Restraining Orders between family members, and is generally used by husbands and wives against each other as well as people involved in a dating relationship; the Civil Procedure Code allows…

A California Court has found that BB Guns, that is air powered guns that shoot ball bearing type projectiles or pellets, may be considered deadly weapons under Penal Code Section 245(a) (1) [Assault with a Deadly Weapon]. Previously, the conventional wisdom was that BB guns were not thought of as equal to firearms, but this holding…

David Viens was found guilty of second degree murder for killing his wife of 17 years. He will be sentenced in November, and he faces 15 years to life. Mr. Viens was a chef at a restaurant he owned with his wife in Lomita. During the trial a friend of Dawn Viens explained there had…

In the state of California sex between one individual and a person who is under the age of 18 years is known as ‘Unlawful Intercourse’ under Penal Code section 261.5. This crime is commonly known as ‘statutory rape.’ Presumably, that description came about because regardless of whether the underage person gives consent, it is still…