Even if you aren’t familiar with the justice system, most people have heard of Miranda rights by watching TV. These are rights that are guaranteed to a person when he/she is arrested and the police want to interrogate the person. Before the police question anyone they have placed in custody,…
Articles Posted in Current Events
Juvenile offenders get a possible second chance
There is good news for juveniles convicted of crimes that required a life without the possibility of parole sentences. New California legislation provides relief for individuals who were convicted of crimes that required a life without parole sentence if they were under the age of 18 at the time the…
If You See Someone in Trouble, is it a Crime Not to Help?
Here is the scenario: Bob is fishing at Lake X. Sally is swimming and seems to be struggling and then disappears beneath the water. Does Bob, who is an excellent swimmer, have a duty to help save Sally? In a word, NO. Legally, he has no duty or obligation to…
Can a Hand Gesture be a Criminal Threat Under Penal Code Section 422?
On March 24, 2013, an off-duty Cathedral City police officer went to a restaurant to get dinner with a couple of friends. After the officer was seated he noticed a table with several tattooed men who kept staring at him menacingly. One of the men at the table, Mario Alberto…
Are You Responsible to Pay Restitution When You Are Involved in a Car Accident That Was Not Your Fault? What If You Leave the Scene of the Accident?
The short answer to the question of whether you are responsible to pay for restitution when you are involved in a car accident when you were NOT at fault is NO, you don’t have to pay. It seems like common sense that if you did not cause the accident you…
Being on Probation in Orange County CA
So you find yourself on probation after working out a plea bargain with the District Attorney. Your lawyer and you have entered into a deal where you will spend 3 years on formal supervised probation. What does this really mean to you though? Being on probation is when you…
How Does Bail Work in Orange County, CA?
We’ve all heard of it, but unless you need it you probably have no idea exactly how it works or how to get it. The idea behind bail is to prevent a defendant from running away after he or she has been arrested. The theory is that if someone puts…
Evading A Police Officer in Orange County, CA
California Vehicle Code Section 2800.1 and 2800.2 make it illegal to flee or attempt to evade a police officer. The individual who flees from the police after the police turn on the overhead lights would seem to be in for trouble. What with helicopters, sophisticated radio communication, and everyone on…
Crime In The Court in Orange County, CA
I have had many clients come to me and say, either jokingly or for real, can’t I pay someone to “take care of this?” I always laughingly say, “This isn’t Chicago with Al Capone and gangsters running the courts”. Apparently, I was wrong. At least 600 cases involving traffic citations,…
Who Says Crime Doesn’t Pay in Orange County?
René “Boxer” Enriquez was a high level Mexican Mafia crime figure. His life was based on intimidation, murder, drug sales and evil. Boxer was a made member of the Mexican Mafia. What’s a made member you ask? It’s somebody who has killed for the Mexican Mafia and is such a…