California Criminal Defense Lawyer Blog

This November, the U.S. Supreme Court will hear argument in United States v. Jones, which looks at whether or not police who use GPS devices to track suspects, violates their Fourth Amendment right against unreasonable searches and seizures. As an Orange County California Criminal Defense Attorney, this case deals with one of the most important amendment rights, that being our right against unreasonable searches and seizures.

In United States v. Jones, police tracked a suspect's movements over a period of time with a GPS device that they had attached to his vehicle. Jones' position is that this violated his Fourth Amendment right against unreasonable searches and seizures and further that a search warrant based on probable cause should have been obtained first.

The Fourth Amendment requires police to refrain from invading only that privacy which exists before police come on the scene. Absent a search warrant or other justification for invading your privacy, police are required to honor your privacy.

A GPS device records every trip you make, keeping an ongoing tally of everywhere you go and everyone you see. This information includes much of what we consider personal and private. It exposes information about doctors we see, people we spend time with our activities we enjoy in our free time, some of which may be extremely personal. This inflicts a serious intrusion into what we consider our personal space and privacy as we go through our lives.

If the U.S. Supreme Court sides with the United States in the Jones case, it will mean that police will be able to use GPS devices to track any vehicle for any length of time, much like a fishing expedition. The Fourth Amendment was designed to maximize the degree to which innocent people enjoy freedom from governmental invasions of their privacy.

It is important to be aware that police officers are not responsible for or required to advise you of your rights to refuse an illegal search. They are not required to tell you whether or not they can make a permissible search, that you can withhold permission for them to enter your home, nor that they have a right to seize anything in plain view.

If a search warrant is obtained, it is presumed it was obtained lawfully. Under California search and seizure laws, the burden is on the defense to prove that the warrant was invalid or unlawfully executed. Some examples of invalid or unlawful execution of warrants include: proving that the judge was misled by the officer applying for the warrant; proving that the warrant lacked the specifics regarding the place to be searched or things to be seized; and proving that the judge signing the warrant acted with interest or bias.

An aggressive criminal defense attorney should file a motion to suppress any evidence that was obtained via an improper search and seizure. If the motion is granted, oftentimes, your case will be dismissed.

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A 58 year old Irvine woman has been charged with Vehicular Manslaughter with Gross Negligence in Orange County Superior Court, after an accident she was involved in resulted in the death of a 77 year old woman. According to police reports, the woman was driving with "gross negligence" running a red light, before crashing into the car being driver by the 77 year old woman.
Vehicular Manslaughter defined is basically the crime of causing the death of a human being due to illegal driving of an automobile, including gross negligence, drunk driving, reckless driving, or speeding. Whether a person is charged with misdemeanor vehicular manslaughter or felony vehicular manslaughter depends upon the circumstances of the case.

In California, there are four types of vehicular manslaughter. They are listed here, along with the penalties typically imposed:

PC 191.5: Vehicular manslaughter while intoxicated, with gross negligence. The penalty can be up to 1 year in county jail, or 4,6 or 10 years state prison. However, one or more priors of this, or certain other vehicular felonies can result in 15 years to life in state prison.
PC 192(c)(1): Vehicular manslaughter with gross negligence, without intoxication. The penalty is up to 1 year in county jail, or 2,4, or 6 years in state prison.

PC 192(c)(2): Vehicular manslaughter without gross negligence, without intoxication. The penalty is up to 1 year in county jail.

PC 192(c)(3): Vehicular manslaughter while intoxicated, without gross negligence. The penalty is up to 1 year in county jail, or 16 months, 2, or 4 years in state prison.

PC 192(c): Vehicular manslaughter is referred to as a “wobbler” meaning that it can be filed either as a misdemeanor or felony, depending upon the circumstances. Vehicular manslaughter acts, not involving drugs or alcohol, that may be punishable are: 1) Driving in an unlawful way; 2) Driving in a lawful but dangerous way, and 3) Knowingly causing an accident for financial gain. Here are some examples of these three acts: If a person kills another person while they speeding; texting or talking on a cell phone; hitting and killing a pedestrian in a crosswalk; and staging an accident that results in an unintentional death.

Because this is such a serious issue, it is important to contact an experienced criminal defense attorney to protect your rights. With proper, experienced legal representation, it may be possible to get the charges reduced, avoiding jail or prison, or dismissed all together.

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A La Habra man was arrested and charged with domestic violence battery, violating a restraining order, resisting and obstructing an officer and dissuading a witnesses from reporting a crime. According to reports, when officers responded to a 911 domestic violence call, the La Habra man refused to obey commands given by the officers, which resulted in the officers shooting him. The man was taken to the hospital with non-life threatening injuries, and later charged with the above misdemeanor charges.

It is illegal to use physical force or to threaten to harm anyone. However, if the harm or threat of harm is against a spouse, fiancé, cohabitant, dating partner, or the parent of your child, the allegations are looked at as much more serious.
The most common domestic violence crimes are: 1) Corporal Injury to a Spouse or Cohabitant. A person can be charged with this crime if they strike his/her significant other and cause a visible injury; 2) Domestic Battery. It is a misdemeanor to inflict force or violence on an intimate partner. This California Domestic Violence Law does not require a visible injury; 3) Child Abuse; 4) Child Endangerment; 5) Elder Abuse; and 6) Criminal Threats. Threatening to seriously harm someone can be filed as a misdemeanor or a felony. You must have intended to put the person in fear and actually did put the person in sustained fear for this to be a crime.
Unfortunately, innocent people get accused of domestic violence in California all the time and once the accusation is out there, it is extremely difficult to prevent the case from being filed. Even if the accusing party changes her/his mind and no longer wants to press charges, the investigating agency will almost always go ahead and submit the case to the District Attorney.
An accusation of domestic violence or domestic abuse, is usually made during a highly emotional situation between two people. The accuser sometimes makes false allegations out of anger, jealousy or, in child custody cases, accusations are made to try to make the other parent look bad. In other situations, it can appear to the police that there has been a domestic battery when in reality it may have been self-defense or an accident.
The penalty, punishment and sentencing for domestic violence convictions depend upon 1) The seriousness of the injuries, and 2) The defendant’s criminal record. However, most courts impose a minimum 30-day jail sentence, even if it is a first-time conviction and require the defendant to attend and complete a 52-week domestic battery class. Making the punishment even more severe is that a conviction of domestic violence goes on a person’s permanent criminal record. The conviction will show up anytime a routine background check is done. This can be a big problem when applying for employment or for state licensing.
For these reasons, if you have been accused of domestic violence, it is extremely important that you contact a criminal defense attorney, specializing in domestic violence crimes. If an attorney intervenes early, they can speak with the investigating agency and present your side before it is sent to the District Attorney’s Office. Sometimes, this can help the chances of the case not being filed. Also, if an attorney intervenes before the case is actually filed, they can speak with the District Attorney assigned to the case, present your side and other facts that the District Attorney may not have, and often times this can actually result in the District Attorney rejecting the case. Early intervention before a case gets filed is extremely important. However, if the case does get filed, a good domestic violence attorney will know what to do to try to get the charges dropped and the case dismissed, or in the alternative, to get the charges reduced to help preserve your record.
If you are charged with domestic violence in Orange County California, it is important to hire an attorney who is familiar with all of the courthouses in Orange County. A good Orange County Criminal Defense Attorney will have trusting relationships with the District Attorneys, Judges, Probation Department and Court Staff. This will help to ensure the best possible outcome for you.

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