Monthly Archives: October 2010

Not read your rights by the police? What are the rules?

The police didn’t read my rights! The thing people ask me about most often seems to be about being questioned by the police without their Miranda rights.  Things like “Were the police required to give them?”  “I told them I didn’t want to answer, but they kept going.” and “Can I get my case thrown […]

Challenging sex offender registration – what can be done?

The punishment for sex offenses can be quite harsh.  The biggest consequence is the lifetime requirement to register as a sex offender under Penal Code section 290.  Recent case law has made some changes to that requirement, however. Recently, I was asked whether an online police sting operation that didn’t involve a true “victim” would […]

What does it mean when the DA “rejects” a case?

Orange County Criminal Law – “Rejected” case? When the police get done with their investigation, they package up their reports and submit them to the Orange County DA’s office.  From there, it gets assigned to one of the prosecutors for review.  Essentially, they have three choices: They decide there’s enough evidence to file charges. They […]

Do the police have to show the search warrant? What about reading my rights?

Search Warrants and Miranda Rights After the police serve a search warrant, the questions that frequently come up are:  “Were they required to show me the warrant?”  and “I was never read my rights while they searched my house – weren’t they supposed to?” There is no legal requirement that the search warrant be shown […]

Marijuana soon to be just an infraction – 11357(b) changes coming

Currently, under California law, possession of less than an ounce of marijuana is the lowest level misdemeanor possible.  The maximum possible punishment is a fine of no more than $100, but it is still a misdemeanor. Governor Schwarzenegger recently signed into law Senate Bill 1449 which will change the classification of possession of less than […]