Ever find yourself in court and totally confused on where to go? I recently sent my law clerk to file a petition at the Juvenile Court in Orange, CA. Two hours later he called me frustrated and exasperated! While all he had to do was file a petition with the…
Is the State ripping your children away from you? It’s an almost unbelievable situation. First you’re dealing with the trauma of being arrested and accused of something you didn’t do, and then all of a sudden you get released from jail and realize the State has decided to remove your…
Feel like you’re being tried in a kangaroo court? Has someone falsely accused you of committing a serious crime and then disappeared before you have a chance to defend yourself in court? It happens more often than you think. You get accused by someone in a “he said she said”…
Are you trying to get your belongings back after the police took them away? It’s an all too common situation to be in. The police have taken you into custody or searched your house. After tearing through your stuff they decide to keep certain things that are valuable to you…
The Fourth Amendment to the Constitution provides that we have the right to feel safe from unreasonable searches, and where a search warrant is issued, that it must be supported by probable cause and be specific. A search conducted without a warrant is presumptively unreasonable unless it meets one of…
It has recently been proposed that the legal blood alcohol limit in the United States for driving be lowered to a .05 from a .08. All 50 states now adhere to the .08 BA level. This would be a radical downward departure from the previous level of .08. How much…
Recently I visited the ongoing trial of a man accused of murder. The defendant was a Hispanic man in his twenties and was an admitted member of a Hispanic gang in Santa Ana. I walked into the courtroom, sat down and took a look at the jury. I almost laughed…
The court system has suffered profound funding losses in the past several years. Year after year the legislature cuts the court’s funding until now it has reached crisis proportions. Layoffs of court personnel have caused delays in access to the court by the public. Delays will soon turn into denial…
What happens when just one of twelve refuses to vote for guilty? That juror becomes the Hold Out Juror. It takes twelve guilty votes to convict. A jury has twelve members. All twelve have to agree and vote for guilt before a guilty verdict can be returned. The Hold Out…
Recently an 18 year old appeared by way of a video arraignment. She was in jail and the judge was in the courtroom. The original charge was pretty simple. However, she was in jail having just been arrested the night before. The Defendant was standing at the podium in the…