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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 […]
Strike or Non-Strike Assault With A Deadly Weapon (PC 245): Criminal Defense Los Angeles
California assault laws can be confusing, especially when it comes to whether a charge is a strike under the Three Strikes Law. One of the biggest areas of confusion has always involved Penal Code 245, which covers felony assault. Here is the simple breakdown, as explained by Los Angeles Criminal Defense Attorney 1. How the Law Used to Work (Old Law) Before 2011, Penal Code 245(a)(1) included two very different types of assault: Both were charged under the same subsection, but: So under the old law, which wording the prosecutor used inside the 245(a)(1) charge determined whether the case was a strike or non-strike. Defense attorneys constantly fought to make sure the conviction reflected “force likely” language, not “deadly weapon,” […]
OUT OF STATE DUI PRIOR: EFFECT ON REQUIREMENT TO DO 18 MONTHS DUI CLASS
Here, Los Angeles DUI Attorney an out-of-state prior and if it can be used to impose longer program and license suspension on a driver. When facing DUI charges in Los Angeles, few cases illustrate the DMV’s willingness to use out-of-state priors more than Isaac v. Department of Motor Vehicles (2007) 155 Cal.App.4th 851. This case demonstrates just how aggressively the DMV can treat prior DUI-related incidents—even if they were dismissed in another state and even if that state’s DUI statutes differ significantly from California law. The Facts Behind Isaac v. DMV Why You Need a Los Angeles DUI Attorney Contact a Los Angeles DUI Attorney Today If you or someone you know faces a DUI charge in California and has […]
Los Angeles DUI – Invalid Prior Based on Constitutional Challange (CVC 41403).
Challenging Prior Convictions in Los Angeles DUI Cases California Vehicle Code section 41403 reads: (a) In any proceedings to have a judgment of conviction of a violation of DUI, or Wet Reckless, which was entered in a separate proceeding, declared invalid on constitutional grounds, the defendant shall state in writing and with specificity wherein the defendant was deprived of the defendant’s constitutional rights, which statement shall be filed with the clerk of the court and a copy served on the court that rendered that judgment and on the prosecuting attorney in the present proceedings at least five court days prior to the hearing thereon. Challenging Prior Convictions in Los Angeles DUI Cases If you’re facing DUI charges in Los Angeles, prior convictions […]
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 […]
Drug Trafficking and Deportation: Clean Your Record
Under Federal Law, a noncitizen who is convicted of drug trafficking is deportable as an aggravated felon. An aggravated felony is a federal “immigration law” concept that allows the deportation of noncitizens in an expedited fashion because an “aggravated felony” conviction prohibits many otherwise available immigration reliefs (such as asylum, cancelation of removal, etc). if you are facing a deportation or an immigration related problem because of a criminal case or a criminal conviction, contact Los Angeles Post Conviction Attorney Alex Andryuschenko for a free consultation as to how he can help you clean your criminal record Los Angeles criminal case. The deportation ground for “drug trafficking” is found in 8 U.S.C 101 (a)(43)(B). The deportation ground for aggravated felony […]