People v. Avalos: Conviction Reversed Due to Miranda Violation
People v. Avalos: Conviction Reversed Due to Miranda Violation By law, a police officer must read you your rights when you are arrested. This is called a “Miranda warning” and consists of the following statements: You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney,…
Read MorePeople v. Ware: Specific Intent to Kill Required for Murder Conviction
People v. Ware: Specific Intent to Kill Required for Murder Conviction In the case of People v. Ware, the Supreme Court of California held that there must be evidence of a specific intent to kill in order for a defendant to be convicted of murder. Even if there is evidence for conspiracy to commit murder, this is not enough unless the prosecution can prove intent. If you or your loved…
Read MoreEven Lawyers Go to Prison for Stealing
The Case of Michael J. Avenatti Lawyer Michael J. Avenatti represents a case of serious attorney misconduct. Currently, the Santa Ana lawyer is in the midst of serving five years at Terminal Island Federal Correctional Institution in Los Angeles. He was previously convicted in New York for the attempted extortion of Nike and for swindling former pornographic actress Stormy Daniels of her payment for a book deal. More recently, the…
Read MoreLack of Substantial Evidence Can Lead to Dismissal of Your Dependency Petition
In re G.Z.: Lack of Substantial Evidence Can Lead to Dismissal of Your Dependency Petition In the case of G.Z., who was the minor child of mother Kimberly, the juvenile court found that G.Z.’s injuries were the result of his mother’s neglectful acts. Kimberly appealed to the California Court of Appeal, which reversed the juvenile court’s finding based on a lack of substantial evidence and directed the juvenile court upon…
Read MoreThe Cost of a Lawyer in California
How much is a lawyer in Southern California? The cost of a lawyer can vary greatly depending on the type of case, the lawyer's experience, and the location of the practice. In general, however, lawyers in Southern California charge anywhere from $100 to $700 per hour. However, you can consult with our experienced defense attorneys right now to find out how much it will cost to defend your case. Call…
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District Attorney’s Dirty Trick Violates the Constitution, Says U.S. Department of Justice
District Attorney’s Dirty Trick Violates the Constitution, Says U.S. Department of Justice Recently, the Orange County District Attorney’s (DA) Office and the Orange County Sheriff’s Department were found to have violated the constitutional rights of inmates in the Orange County jail due to their use of a custodial informant program. The Department of Justice (DOJ) conducted an investigation and released a report on its findings, including many suggested reforms for…
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Is Intoxication a Defense in California Criminal Cases?
What Is the Intoxication Defense? In criminal law, intoxication is a defense that allows defendants to reduce their liability for a crime due to substance intoxication in limited circumstances. Sometimes, crimes require the defendant to have a certain mental state called the mens rea in order for the defendant to be guilty. This means that if the defendant was under the influence of drugs or alcohol during the commission of…
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What Is the Entrapment Defense?
What Is the Entrapment Defense? What Is Entrapment? Police entrapment is a legal defense to criminal accusations based on specific encounters between a law enforcement officer and a defendant before any alleged prohibited conduct has happened. Entrapment occurs when the police officer pressures or convinces a defendant to commit a crime in their presence. In some situations, a person can be entrapped if an officer engages in conduct that would…
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Fireworks Laws to Know for Your July 4th Celebration
Fireworks Laws to Know for Your July 4th Celebration Types of Fireworks: Which Are Legal? With the Fourth of July coming up, you may be thinking about putting on a celebration. If so, you will need to know California’s laws regarding fireworks, as not all of them are legal in the state. According to California Health and Safety Code Section 12511, “fireworks” is defined as any device containing chemical elements…
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Penalties for Illegal Abortions in California
Penalties for Illegal Abortions in California California’s Abortion Law Abortion refers to the deliberate termination of a pregnancy, generally using medicine or surgery to remove an embryo or fetus from the uterus. In California, abortion has been legal since 1967, and the state retains stronger reproductive health rights than much of the rest of the nation. Despite this, California does impose certain restrictions on these procedures. The right to an…
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