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…
San Francisco Criminal Lawyer Blog
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…
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…
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…
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…
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…
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…
How a Lack of ‘Free and Voluntary’ Consent Can Help You Get Your Blood Test Results Thrown Out of Your California DUI Case
In your DUI case sometimes, the seemingly smallest details can make the biggest differences. A police officer’s failure to provide you with proper information about your options prior to taking a blood alcohol test can possibly give you the opportunity to have that test’s results excluded from your trial. To…
New Traffic School for Bicyclists Opens in California
If you are ticketed for a traffic offense while operating your motor vehicle, you likely understand that you have certain options. You can pay the fine, you can go to court and contest the matter, or you may be able to get your citation expunged and your fines dropped if…
The Risks You Take When You Handle Your DMV Driver’s License Suspension Case On Your Own Without a San Francisco Attorney
There are many things that can derail your legal case. Your case may be unsuccessful because you don’t have enough factual evidence on your side. Your case could also be unsuccessful because of procedural deficiencies. One of the most preventable ways to fail is because you decide to handle your…