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Did You Know You May Be Eligible To Have Your California Misdemeanor Charges Dismissed?

05-10-2016


“Pretrial Diversion” is the
procedure of postponing prosecution either temporarily or permanently at any
point in the judicial process from the point at which the accused is charged
until adjudication.

 



This is a powerful tool that
your San Diego Criminal Defense Attorney would be able to use to be able to convince the
prosecution to either temporarily or permanently stop the prosecution of the
case against you. Usually your criminal defense attorney and the prosecutor
would agree that you be placed in a pre trial diversion program (such as a drug
treatment program) or any other program that would be beneficial to you
considering the charges that the prosecutor has already charged or is planning
to charge you wit...


Reasons Why You Should Never Submit To A DUI Preliminary Breath Test in California

05-04-2016


In California under Vehicle
Code Section 23612
(a)(1)(A): “a person who drives a motor vehicle is deemed
to have given his or her consent to chemical testing of his or her blood or
breath for the purpose of determining the alcoholic content of his or her
blood, if lawfully arrested for an
offense allegedly committed in violation of section 23152 (California’s DUI
Law).”

The important thing to keep
in mind is that when you get pulled over by an officer for suspicion of drunk
driving, at that very moment in time, the traffic stop is just like any other
traffic stop. (i.e. when you get pulled over for spe...


What Do I Do If I Am a Green Card Holder Who Has Been Outside The U.S. For Over 2 Years?

04-29-2016


U.S. Permanent residents
that have been outside the United States for over two years may still be
eligible to return to the U.S. without going through the entire immigration
process again.

 

Generally, green card
holders may not stay outside the United States for over one year, unless they
have applied for and received a re-entry permit. If your re-entry permit has
been approved the maximum amount of stay would be 2 years. So, what happens if
you haven’t applied for a travel document and have been outside the country for
over two years?

 

If you are a green card
holder a provision under the U.S. immigration laws exists, which would allow
for the issuance of a returning resident special immigrant visa to a green card...


Can I Arrest Another Citizen in California?

04-27-2016


The Penal Code recognizes
the right of a person to arrest another. Under Penal Code section 837, a private person may arrest another person:

 

·    
For a public
offense committed or attempted in the arresting person’s presence.

·    
When the person
has committed a felony, though not in the arresting person’s presence.

·    
When a felony
has been committed, and the arresting person has reasonable cause to believe
the person to be arrested committed it.

 

A citizen making an arrest
under these provisions has a limited r...


San Diego Police Departments Use of Body Worn Cameras

04-05-2016


Axon body cameras are
cameras that have been recently used by the San Diego Police Department in
conducting their investigations. The use of the cameras just like any other
device has some benefits and some drawbacks.

 

One benefit associated with
the use of the cameras is to assure that police officers do not violate
citizens rights or use excessive force in apprehension of an alleged criminal
defendants.

 

One major drawback
associated with the camera is that if you for any reason do not assert your
right against self-incrimination under the fifth amendment of the U.S.
Constitution you may have a very difficult time crafting a defense or arguing
for the exclusion of the evidence.

 

Now mo...


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