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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 […]
Bad Science: Cannabis Lab Scandal In Illinois and Consequences for Los Angeles DUI Defense
A DUI charge for marijuana can be challenged on the basis of unreliable scientific evidence because, unlike with alcohol, there is no established legal limit for THC that reliably proves impairment. A positive blood test showing THC does not conclusively prove impairment at the time of driving. An attorney can challenge the validity of field sobriety tests, blood tests, and the timing of THC detection.