Does an Anonymous Tip Give Police Probable Cause?
Does an Anonymous Tip Give Police Probable Cause? Under the Fourth Amendment, police officers must have probable cause before they can arrest you. This means that police officers must have a reasonable suspicion that you committed a crime before you can be legally arrested for that crime. Generally, probable cause is established when an officer sees you commit the crime or has direct or circumstantial evidence, such as you running…
Read More6 Tips to Help You Get a Job with a Criminal Record
6 Tips to Help You Get a Job with a Criminal Record Finding a job can be difficult. From searching for an opening to getting in the door for an interview, it is a time-consuming and often frustrating process. It is much more difficult if you have a criminal record, as this will limit your employment opportunities. These tips will help you in your search to find employment. 1. Clean…
Read MoreHow a Pitchess Motion Can Help Your Case (Evidence Code 1043-1047)
How a Pitchess Motion Can Help Your Case (Evidence Code 1043-1047) A Pitchess Motion allows you to make a formal request in order to access a police officer’s employment and disciplinary records. Your criminal defense lawyer may be able to help your case by using a Pitchess Motion to attack the credibility of an arresting officer in cases of police misconduct. If your motion is granted, then it may be…
Read MoreConsequences for Marijuana Cultivation in California (HS 11358)
Consequences for Marijuana Cultivation in California (HS 11358) California has strict laws regarding illegal drugs. Possessing up to an ounce of marijuana is an infraction that carries a fine of $100. However, distributing, selling or cultivating the drug are crimes that carry severe penalties. In fact, it doesn’t matter if you are growing marijuana for personal use, patient use or to sell on the street; cultivation of an illegal substance…
Read MoreTheft by False Pretenses (PC 484)
Theft by False Pretenses (PC 484) Under California Penal Code sections 484 and 532, theft by false pretenses is the fraudulent or deceitful acquisition of both title and possession of someone else’s property. In other words, you can be charged with theft by false pretenses if you, by design or plan, lie or give a false promise in order to convince another person to voluntarily pass ownership of his or…
Read MoreThe Cost of Not Hiring an Attorney for a Pre-filing Investigation
The Cost of Not Hiring an Attorney for a Pre-filing Investigation If you are being investigated for a crime but you have yet to be charged, it is very important that you hire a lawyer immediately. It can make the difference between spending time in custody and avoiding criminal charges. The sooner your attorney begins planning your defense, protecting your constitutional rights and negotiating with the appropriate investigative agency, the…
Read MoreDo Police Need a Warrant to Search My Hotel Room?
Do Police Need a Warrant to Search My Hotel Room? The 4th Amendment protects citizens from unreasonable searches and seizures. In order for the 4th Amendment to apply though, you must have a reasonable expectation of privacy in the place being searched. It is clear that you have a reasonable expectation of privacy in your own home. The U.S. Supreme Court and California have said that you also have a…
Read MoreThe Consequences of School Expulsion
The Consequences of School Expulsion If your child is expelled from school, the consequences are not just having to move to a new school out of the district. It can impact your child long into adulthood. Expulsion carries a stigma that can affect your child’s ability to go to college, obtain a job, and can otherwise significantly impact his or her future prospects. Suspensions and expulsions are widespread across the…
Read MoreHe Said, She Said: The Difficulty of Evidence in Domestic Violence Cases
He Said, She Said: The Difficulty of Evidence in Domestic Violence Cases If you ask a prosecutor to list the most difficult cases in his or her career, the chances are pretty good that at least one of those cases will have been in the area of domestic violence. These cases are often very difficult to prove, largely because the kind of evidence that is present in other cases is usually…
Read MoreWhat to Expect if You are Charged with Larceny in California
What to Expect if You are Charged with Larceny in California California theft and larceny laws are found in California Penal Code Sections 484 and 487. Though some states consider theft and larceny to be separate crimes, in California those two terms are interchangeable. You could be charged with a misdemeanor or felony for larceny depending upon the value of the stolen goods and your criminal history. That is why…
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