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 “You have the right to remain silent…” is arguably one of the most popular and well known legal phrases in the United states. These six words are the beginning of the Miranda Warning, which is used to inform criminal suspects who have been taken into custody of their Fifth Amendment rights to not make any self-incriminating statements along with their right to legal representation. Occasionally, the question will arise if it’s ever appropriate to waive your Miranda Rights and under what circumstances this would equate to the best outcome. Here’s what you need to know about the protections provided by the Miranda Warning and how they can best serve you in a criminal case. The Miranda Rights Defined First, let’s begin by clarifying what exactly the Miranda Rights are. Stemming from the outcome of the 1966 case of Miranda Vs. Arizona, the Supreme Court ruled that a person must be first advised of certain rights before any statement made by them could be used against...
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It’s estimated that more than 12 million women and men will become the victim of domestic violence this year – that’s roughly 24 people every minute. Domestic violence comes in many forms, but most commonly involves threats or acts of violence among members of the same household. In the state of California, domestic violence is taken very seriously, and if police are called to the scene, chances are that someone will be arrested. While it’s easy to spot the abuser in many domestic violence cases, sometimes the nature of a particular incidence is more complex and leaves questions about who is at fault in a domestic violence case.  To better understand this, let’s talk about what the domestic violence laws are in California and how they affect the individuals involved. Domestic Violence Laws in California The California Penal Code outlines the state’s laws regarding domestic violence, including battery. According to the law, domestic violence occurs with an individual commits a violent criminal act against a...
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Drug trafficking is among the most lucrative crimes in the world. As our country is in the midst of an ongoing opioid crisis, it’s estimated that more than 115 people die from an overdose every day sand that drug trafficking cost the nation more than $78 billion annually. We’ve reached the point in the epidemic where it’s practically impossible to go a single day without reading at least one headline about a high profile drug trafficking case. With so much activity happening in drug trafficking arrests, it can be difficult to keep up on the stories that really matter. Here are few that have recently caught our eye as being among the most newsworthy. Connecticut Gang Enforcer Gets 18 Years Luis Padilla, also as known as Chewie by fellow members of a Connecticut Bloods street gang known as the Red Side Guerilla Brims, was recently sentenced to 18 years in federal prison along with 5 years of supervised release on drug trafficking charges. According to...
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A criminal conviction can impact your entire life. Not only does a conviction include penalties such as incarceration and significant fines, but there’s also the fact that you’ll have a criminal record that can potentially follow you around for the rest of your life. The unfortunate truth is that a criminal record can set you up for a lifetime of struggles and discrimination. In almost any criminal case, the number one question on the mind of the defendant is “How do I get out of this?”. The first step is realizing that no matter what charges you’re facing, you don’t have to go through this process alone. A criminal defense lawyer can guide you through the process and help you avoid a criminal conviction on your record. Here’s how. Saying No to Self-Representation When a person is arrested on charges for a crime, they are made aware of their Miranda Rights – which include the right to have an attorney present or to have one...
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If you’ve been paying attention to the news, you’ve undoubtedly noticed that California has been getting quite a bit of attention due to their latest movements in the area of criminal justice reform. California is currently on the forefront of making crucial changes to the criminal justice system, with both sides being equally vocal about their thoughts on the direction that the state is heading towards. As midterm elections approach, the debate over criminal justice reform is heating up. Here’s what you need to know about what’s happening with reform in California and how it will potentially affect the lives of the state’s nearly 40 million residents. Governor Brown Signs Bill to Abolish Cash Bail Governor Jerry Brown finally had the chance to sign a bill that he put into motion nearly four decades ago. When he first introduced the topic to the state’s Legislature, he made the argument that the cash bail system was a tax against the poor. Fast forward to this past...
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Criminal activity is happening every day across every city in America. As criminal defense attorneys, we take a special interest in any news story that involves criminal law. Recently, there have been several news stories that have captured the attention of the entire nation. While these stories paint a picture of the troubles we’re experiencing as a country, it’s also important to pay attention to them to better understand our criminal justice system, including its strengths and weaknesses. Here are a couple of the top new stories that have recently captured the attention of our law group and the nation at large. Newport Beach Surgeon Faces Allegations of Rape and Sexual Assault Newport Beach surgeon Grant William Robicheaux and his girlfriend Cerissa Laura Riley are facing charges of assault with the intent to commit a sexual offense, rape by the use of drugs, possession of controlled substance for sale and oral copulation by a controlled substance. The couple came into sight of investigators as women...
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There are few things more unnerving than being forced into handcuffs, placed in a police car, and tossed in a jail cell. Whether or not you believe you did anything wrong, the moment you are offered a phone call, you need to contact an experienced criminal defense attorney. Making immediate contact is essential for a few reasons. Not only can your attorney give you sound legal advice, but you’ll be able to preserve evidence, negotiate bail, and experience less anxiety about the process. Here, we’ll discuss these benefits in detail: Creating a Better Outcome In many cases, your attorney can negotiate a better outcome before your case ever reaches the courtroom. Indeed, prosecutors are often willing to negotiate a reduction or even dismissal of charges based on provided evidence and legal reasoning – saving everyone a great deal of time, money, and effort. Speaking to Police In addition to speaking with the prosecutor, your criminal defense attorney can speak to law enforcement on your behalf....
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Marijuana laws and regulations are changing across the United States. While some of these changes have positive effects, they can muddle the system and make it difficult to know right from wrong. In California, consumers have dozens of questions about recreational and medical marijuana laws. Here, we’ll outline what’s legal, what isn’t, what additional restrictions you should consider, and what penalties you might face for breaking the law. Legal Use and Possession At this time, in the state of California, it’s legal for any adult over the age of twenty-one to possess, process, transport, purchase, or obtain one ounce of cannabis or eight grams of concentrated cannabis. These adults may also cultivate, possess, plant, harvest, or process six live plants or less. The produce of these plants can be kept, but must be stored in a locked space on private property. These rules and regulations were put forward by AUMA, or the Adult Use of Marijuana Act. AUMA was approved by the voters of California...
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