Can a police officer search my car without the owner of the car present?
Can a police officer search my car without the owner of the car present?
A police officer can search a car, so long as the officer has probable cause. It does not matter who owns the car or if the owner is not present. However, if the police officer does not have probable cause the police officer must get consent from the driver or the owner of the vehicle. Even if the driver does not own the vehicle, the driver’s consent is enough to…
Read MoreI Am Being Accused of Statutory Rape in Orange County. What should I do?
The first thing you should do is hire an attorney with many years experience defending clients against serious criminal charges such as statutory rape. This charge can often result in a substantial jail sentence. Next, if you honestly and reasonably believed that the alleged victim was over 18 at the time you had sex, and you can present evidence to prove your belief, you may not be convicted under California’s…
Read MoreIf I plan to plead guilty to the charge do I need a lawyer to assist me?
Definitely the answer is YES. You should never go to court and plead guilty without having an experienced criminal defense lawyer helping you. If you walk into court and plead guilty then you are facing the maximum punishment allowed by law and you could likely receive it. With a criminal defense expert working on your case he or she can work with the judge and the prosecutor to obtain the…
Read MoreWhat Do I Need To Look For In A San Bernardino Sex Crime Defense Lawyer?
1. Look for extensive experience Due to the complicated nature of sex crimes cases, defending those charged with a sex crime in San Bernardino is a difficult task. If you have been charged with a sex crime in San Bernardino, it is imperative for you to find a criminal defense law firm that has the experience, resources, and training necessary to win these emotionally charged cases. By working closely with…
Read MoreWhat Will Be My Punishment For My First Time Assault Offense In Ventura?
Under Penal Code section 241, to convict you of assault in Ventura a prosecutor has to prove that you willfully and unlawfully attempted to injure someone else and had the present ability to do so. Essentially, this means that: (1) You tried to injure someone else (2) You were in control of your actions; and (3) You were not provoked or otherwise allowed to do it Under California Penal Code…
Read MoreIf you are convicted for possession of drugs when will you be drug tested?
Drug possession may lead to probation. After you are convicted of drug possession if you are put on probation you will likely be required to drug test on a random basis when requested to do so by your probation officer. If you test dirty this can be considered a probation violation and you can be sent to jail. If you are enrolled in a court approved drug program there is…
Read MoreWhat will happen if I took a credit card and then purchased items with it?
If you take a credit card and use it to purchase items, you can be charged with theft. Theft is a serious crime and can carry civil and criminal penalties. This crime can be charged as a felony or a misdemeanor depending on the facts of the case and the prosecuting agency. Also, if you are arrested, bail will be set and you will remain in custody until bail is…
Read MoreHow Can A Domestic Violence Defense Lawyer Successfully Defend Me In Court?
Corporal injury on a spouse is a form of domestic violence. If you have been charged under California Penal Code section 273.5, it is imperative to your case that you contact an attorney as soon as possible. Possible defenses to corporal injury on a spouse include, but are not limited to: • Self Defense • Accident • Consent • Intoxication To find out if these defenses can be used successfully…
Read MoreI Was Charged With Petty Theft In Riverside. What Consequences Am I Facing?
The answer depends on a number of factors including the dollar value of the property that was allegedly stolen and whether you have any theft-related priors. If the dollar value of the items was under $50 and you have no priors then there is a very good chance that the District Attorney would agree to reduce the case to an infraction which is not a criminal conviction. Also, the Riverside…
Read MoreAre My Field Sobriety Test Results Invalid If They Were Conducted On A Hill?
An officer must explain and conduct field sobriety tests with strict compliance as to the location of the field sobriety tests, the instructions given and the performance evaluation. For field sobriety tests to be valid and admissible there are certain requirements that an officer must follow. For example, if the area where the field sobriety tests were administered was not on a level surface, the results may not accurately measure…
Read More