Tag : habeas corpus suspension

  • Jail versus Probation Time

    Posted Jul 29th, 2012 By in Jail, Probation, realignment With | Comments Off on Jail versus Probation Time

    A few months ago, the U.S. Supreme Court issued a ruling requiring California to reduce its prison population, which has resulted in an unintended consequence of inmates realignments. Some argue that this will result in some criminal offenders (misdemeanors and low level felonies) choosing to take jail time over probation because county jails have been …

  • Criminal Law and Procedure: Probation Condition

    Posted Jul 12th, 2012 By in Criminal Law, Marijuana and Pot Shops, Probation With | Comments Off on Criminal Law and Procedure: Probation Condition

    The Daily Appellate Report shared a case explaining how the court system “may impose probation condition that prohibits defendant from using medical marijuana where condition related to crimes of conviction and future criminality.” In this specific case, defendant was stopped due to expired registration on his truck. The vehicle’s registration had been expired for over …

  • How Private is Your Privacy?

    Posted Jun 26th, 2012 By in Burglaries, Criminal Law With | Comments Off on How Private is Your Privacy?

    In a recent case of criminal law and procedure, we learned that, in specific cases, defendants do not have expectation of privacy in biological sample they provide for analysis; more specifically the case discusses privacy in saliva left on preliminary alcohol screening device. The sample was used for DNA testing and was ruled as not …

  • How to Protect Yourself By Asserting Your Miranda Rights

    Posted Jun 4th, 2012 By in Criminal Law, Interrogation Process, Miranda Rights With | Comments Off on How to Protect Yourself By Asserting Your Miranda Rights

    The Daily Appellate Report shares a case about a juvenile’s repeated requests to speak with his mother during post-Miranda waiver interview and how it was perceived as not being a clear assertion of Miranda rights under the circumstances of the case. In Davis v. United States (1994) 512 U.S. 452 (Davis) the U.S. Supreme Court …

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Jake Brower Criminal Defense Attorney, DUI Lawyer, Felony Arrests, 3-Strike Cases, Criminal Law, Drunk Driving Lawyer, Los Angeles, Orange, Anaheim, Corona del Mar, Costa Mesa, Irvine, Huntington Beach, Long Beach, Mission Viejo, Aliso Viejo, Lake Forest, Rancho Santa Margarita,Santa Ana, Newport Beach, Newport Coast, Laguna Beach, Laguna Niguel, Riverside, San Diego, Ventura, Beverly Hills, Hollywood,Oceanside, San Clemente, Carlsbad, Dana Point, Seal Beach, Long Beach, 1043 Civic Center Drive West, #200, Santa Ana CA 92703