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Assault with a Deadly Weapon (Penal Code 245) - Orange County Criminal Defense
Penal Code section 245 is generally referred to as “aggravated assault” or assault with a deadly weapon, but there are actually several variations. Penal Code section 245(a)(1) - Assault with a deadly...
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Child Abduction (”Child Stealing”) - Penal Code 278
There are different charges that could be filed in a case involving allegations of keeping a child from a parent or other person with custody of the child. The specific charge matters here, as does...
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When is a deadly weapon not a deadly weapon?
In a recent post, I discussed the various sections of Penal Code section 245. One of the ways that can be charged is “assault with a deadly weapon.” So what exactly is a deadly weapon? Case law...
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DUI Patrols - Super Bowl Weekend in Orange County
The Orange County Sheriff’s Department announced that special “roving patrols” will be out this weekend, looking for impaired drivers. Specifically, they’re looking to target potential DUI drivers...
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DUI Checkpoint Friday 2/11/11 - Lake Forest, Orange County
The Orange County Sheriff’s Department announced today that they will be conducting a DUI Checkpoint in the city of Lake Forest on Friday, February 11, 2011 from 6:30 p.m. to 2:30 a.m. I’ve written...
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How much will my husband/wife/son/daughter/fiancee get?
The top question asked is always what somebody is “looking at” for their charges. There’s so much more than just the charges. I can tell you what the maximum sentence is and if there are any mandatory...
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Drunk in Public - PC 647(f) [Lessons from Christina Aguilera]
Not to jump on the “post about celebrities” bandwagon, but just to use a recent arrest as an example… Singer Christina Aguilera was arrested in West Hollywood in the early morning hours March 1, 2011....
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Upcoming DUI checks and roving patrols
Today, the Orange County Sheriff’s Department announced they will be conducting a “roving patrol” event this Friday, April 1, 2011. They will be saturating the cities of Aliso Viejo, Laguna Hills,...
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Should you talk to the police?
I still get this question all the time - “If I’m completely innocent, why shouldn’t I make a statement to the police?” I’ve written before about calling a detective back and the risks there. But what...
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DUI Checkpoints - Fourth of July weekend in Orange County
As expected, Orange County police and sheriffs are gearing up for extra DUI patrols this holiday weekend. The Orange County Sheriff’s Department announced today that DUI checkpoints will be conducted...
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What is the difference between reasonable suspicion and probable cause?
Reasonable suspicion is what they need to detain you. Probable cause is what they need to search. Slightly different burdens and a slightly different analysis. If you’re contacted by the police, your...
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If the officer doesn’t show for my DUI case, will it be dismissed?
In a traffic case, if it’s set for trial, the court issues a notice to appear for the officer. If they’re properly served and don’t show on the trial date, case dismissed. Not so in a DUI, however....
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What to do when pulled over for DUI
My answer will be based on several things: California law (based on my experience as a cop, a prosecutor, a defense attorney and an instructor at a police academy), common sense and tidbits for...
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Shoplifting defenses - petty theft information
If you have been arrested or cited for petty theft (shoplifting) - you may think the situation is bad. Don’t just give up and assume there is nothing to do. You’re facing a possible theft charge that...
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DUI Checkpoint in Laguna Woods February 24, 2012
The Orange County Sheriff’s Department has announced a DUI checkpoint “Traffic Safety Checkpoint” (but we all know what that means) in Laguna Woods for today, February 24, 2012. The planned hours are...
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Friday, June 8 DUI patrols
The Orange County Sheriff’s Department announced DUI “saturation patrols” for Lake Forest, Mission Viejo and Rancho Santa Margarita tonight, June 8, 2012. While not a DUI checkpoint, that still means...
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Some standard questions about DUI cases…
Why did they arrest me for DUI? Often, people are arrested for DUI and are absolutely perplexed why. They don’t know why they were pulled over, don’t know what their blood alcohol results were, think...
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Fourth of July Orange County DUI checkpoints and patrols
The Orange County Sheriff’s Department has just announced the upcoming DUI checkpoints and “saturation patrols” for the upcoming July 4th holiday period. Here is the information on what they’re...
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How can they prove burglary (instead of just theft)?
What’s the difference between simple theft and burglary? One word: intent. Burglary (Penal Code 459) is entering a structure with the intent to steal or commit a felony inside. They must prove that...
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Charged with a misdemeanor? You may not ever have to appear in court.
California Penal Code section 977 If you’re charged with a misdemeanor by the District Attorney or City Attorney’s office, you may never have to appear in court on your case. The California Penal Code...
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