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San Francisco Criminal Lawyer Blog

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New California Legislation Could Limit Immigration Questions in Unrelated Court Cases

News reports from the first part of this year highlighted a trend that many in both the legal and civil rights communities believed to be a harmful thing: the significant uptick in federal immigration authorities using courthouses as locations to identify and arrest undocumented immigrants. Whether they are parties to…

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When Is (or Isn’t) a Warrantless Police Search of an Impounded Vehicle Allowable in California?

Interactions with law enforcement can be stressful events. You may think that you are being pulled over for a traffic violation, only to find that the scope of the stop has expanded now that the officer has you pulled over. The law places certain limits on what the police can…

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What You Can (and Cannot) Be Ordered to Pay For as Part of Restitution in a California Domestic Violence Case

When you are accused of certain crimes, you face the possibility of multiple different forms of punishment. For some crimes, you may potentially be at risk of being ordered to serve a prison sentence and to pay restitution to a victim. In order to face the possibility of restitution, though,…

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A California Criminal Defendant Who Handled His Own Defense Shows Why That’s Often Not a Good Idea

At a trial’s end, a defendant is either guilty or not guilty. Ultimately, there is no difference between a defendant who avoids a conviction because key evidence was thrown out due to an illegal search versus someone who is declared not guilty by a jury. Based on these things, one…

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The Limits of Consent in a California DUI Case and How Those Limits May Entitle You to the Suppression of Test Results

When law enforcement pull you over on suspicion of drunk driving, there are certain things they can do and certain things they cannot do. There are certain rules, for example, regarding when they can take your blood or breath for analysis. Even once you consent, there are limits to how…

Posted in: DUI
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How Very Small Details Can Potentially Make a Very Big Difference in Your California Criminal Case

There can be a variety of ways to achieve a successful result in your criminal case. One way is to succeed based upon the facts:  demonstrating that the factual proof within your case simply cannot support a conviction. Other times, you may be able to avoid, or obtain a reversal…

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What You Should Do (and What Not to Do) When you Receive a Speeding Ticket in California

Back in 2001, the BBC launched a television show entitled What Not to Wear. (An American version of the show ran on basic cable in the States from 2003-13.) The premises of both shows were roughly the same:  two “fashion experts” helped one person fix the alleged sartorial flaws in…

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How the Police’s Failure to Give You an Admonition Can Help You in Your California DMV Case

Each case can present its own unique elements. Part of what can go into achieving a successful result is spotting those unique elements and using them to your advantage. Perhaps the police officer who encountered you did not do a proper job giving you a required admonition. Perhaps the officer…

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Immigrant’s 2001 California Misdemeanor Plea Deal Proves Harmful in Deportation Case

The outcome of a federal immigration case decided by the federal Sixth Circuit Court of Appeals in Cincinnati might not seem, at first blush, like something that would matter to someone in California. In one recent case, however, the outcome was highly relevant to people here, especially those who may…

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How the Fourth Amendment May Help You Keep a Warrantless Blood Test’s Results out of Your California DUI Case

The specific details of Fourth Amendment “search and seizure” law, as it relates to blood-alcohol content tests, has evolved significantly in the last few years. For a long time, law enforcement officers had a lot of latitude regarding the taking of blood from a suspected drunk driver, even without a…

Posted in: DUI
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