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California Criminal Defense Lawyer Blog

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YOUR MIRANDA RIGHTS DURING POLICE QUESTIONING

Everyone is familiar with the term “Miranda rights.” This right derives from a 1966 U.S. Supreme Court case, Miranda v. Arizona. The Miranda court held that the Fifth Amendment to the U.S. Constitution, which protects someone accused of a crime from self-incrimination, includes protections for suspects who have been arrested…

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WHEN DOES A POLICE SEARCH OF A VEHICLE VIOLATE THE 4TH AMENDMENT?

As has been discussed many times in these pages, the Fourth Amendment secures the right to be free of searches absent a warrant establishing probable cause. A law enforcement search without probable cause is unlawful.  …Or so they say. Over the years, many exceptions to this right have been carved…

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COVID-19 TAX CREDIT PROGRAM PLAGUED WITH FRAUDULENT CLAIMS

The Covid-19 pandemic ushered in government benefit programs aimed at relieving the economic burdens the pandemic and the resulting lockdowns caused to individuals and businesses.  Among those benefits was the Employee Retention Credit (ERC). Individuals and employers are being warned that making false claims for an ERC credit will and…

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GHOST GUNS

Ghost guns present a considerable threat to gun control laws. Ghost guns are guns that are assembled by component parts bought online. These guns are increasingly posing a challenge to law enforcement and to public safety. The component parts, essentially a gun kit, are available online for anyone to purchase.…

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IS LIVESTREAMING A LAW ENFORCEMENT-CITIZEN CONTACT LEGAL?

Depending upon your point of view “livestreaming” police contacts benefits citizen civil rights, impedes police officers’ ability to do their job, and/or instigates riots. All these things are true. Many police officers don’t like it when citizens livestream their contact with the public; they believe it interferes with their ability…

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California CARE Courts: A New Approach to Mental Health Treatment and Crime

In 2022, California Governor Gavin Newsom signed into law a bill creating Community Assistance, Recovery and Empowerment (CARE) Courts, a new system of courts designed to provide treatment and support to people with untreated mental illness and substance abuse disorders who are at risk of, or are already, becoming homeless…

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