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Los Angeles Arrest: Suspicious is not Enough
In Remers v. Sup. Court, the California Supreme Court said that suspicion—even in a so-called “high drug area”—does not equal probable cause. For anyone having a criminal case in Los Angeles (such as gun or drugs cases), this case is a reminder that police cannot bootstrap weak facts into a lawful arrest. Los Angeles Criminal defense attorneys can use this case to win a criminal case by suppressing the evidence under Penal Code § 1538.5. The Facts: In Remers, officers observed a woman outside a pizza parlor in Berkeley: They approached her, reached into her purse, and removed the tinfoil package. Inside were Seconal tablets. She was arrested for possession with the intent to sell narcotics. Her criminal defense attorney […]
Courts Cannot Deny Mental Health Diversion Simply Because Another Factor “Played a Bigger Role”
Los Angeles Criminal Defense A new published opinion from the Fourth Appellate District reaffirms how broadly Penal Code § 1001.36 was intended to apply — and reins in trial courts that use residual discretion to go beyond the statute. A Riverside trial court denied Adam Flareau’s motion for mental health diversion after finding that, while his diagnosed mood and anxiety disorders did contribute to his confrontation with his sister, his fear of being outed to his conservative parents was the more dominant factor. The Fourth District Court of Appeal reversed — and the decision matters for every practitioner filing a § 1001.36 motion in Los Angeles and Southern California. What Happened Flareau was charged with assault with a semiautomatic firearm, […]
Police Internal Investigations: Lybarger Warning
Lybarger Warning Explained | Criminal Defense Attorney Los Angeles Los Angeles Criminal Defense · California Law · Los Angeles The Lybarger Warning and Your Rights During a Police Investigation A landmark California case that every Los Angeles resident — and every criminal defense attorney — needs to understand By Criminal Defense Attorney Los Angeles · Lybarger v. City of Los Angeles, 40 Cal.3d 822 (1985) ✦ ✦ ✦ Case Lybarger v. City of Los Angeles Citation 40 Cal.3d 822 · 710 P.2d 329 (1985) Court Supreme Court of California Decided December 31, 1985 Key Statute Gov. Code § 3303 — Public Safety Officers Procedural Bill of Rights Act Relevance Defines constitutional rights during compelled administrative interrogation in California […]
How to Change a Judge in a Criminal Case Los Angeles
California law provides defendants in criminal cases the right to request a change of judge under specific circumstances. This process can occur either without evidence of bias or when evidence of bias exists, as outlined in the California Code of Civil Procedure (CCP) §§ 170.1 and 170.6. Below, we explain how this process works and why consulting an experienced attorney is essential. 1. One-Time Change Without Evidence of Bias California law permits a defendant to request a different judge one time in a criminal case without the need to provide evidence of bias. This type of request, commonly referred to as a peremptory challenge, is governed by CCP § 170.6. 2. Change Based on Evidence of Bias If a judge […]
Arrest for Weapon Possession and 2nd Amendment
If you were arrested for weapon possession in Los Angeles, contact Los Angeles Criminal Defense Attorney immediately so we can explain to you how to fight your case. Los Angeles Criminal Defense Attorney can defend you and even recover your weapons if such weapons were confiscated by the police. The laws prohibiting weapons possessions are different from the laws prohibiting criminal use of a weapon, which is a violation of California Penal Code section 245. Generally, weapon possession criminal cases can be separated into several groups, such as possession of either concealed or loaded firearms, possession of dangerous weapons (such as billy clubs), and possession of a firearm by a person with a felony conviction on his record or with […]