Tag Archives: arrested

Bringing drugs into the jail (Penal Code 4573)

Simple possession + being arrested = Felony drug charges?!?   After the passage of Proposition 47 in November, 2014, simple possession of drugs for personal use is now a misdemeanor charge. But there’s a way for those drugs for personal use can still be charged against you as a felony.  Penal Code section 4573, smuggling […]

DUI Patrols and checkpoints – Super Bowl weekend Sunday 2015

Increased DUI patrols for Super Bowl weekend in Orange County Like with every major holiday, big sporting events like the Super Bowl trigger increased DUI patrols. This year, the 2015 Super Bowl XLIX is no different. This year, the Orange County Sheriff’s Department is initiating their campaign – “Fans Don’t Let Fans Drive Drunk”.  Instead […]

If you consent to a police search, can you limit where they can search? Orange County criminal defense attorney

If the police ask if they can search, can you put limits on where or how they can search?   The answer is yes… and no. If the police search is based on consent, the person giving consent can set limits as to the scope of the search. For example, you could give consent for […]

Shoplifting laws and defenses after Prop 47 – Orange County theft defense attorney

With the recent passage of Proposition 47, there were some significant changes to the laws related to shoplifting.   Repeated Petty Theft is now only a misdemeanor. The biggest is that now, no matter how many prior convictions for theft you have, a shoplifting petty theft is a misdemeanor.  Previously, if you had one prior […]

Miranda rights – How to keep your mouth shut (part 3 in a series)

In the first two parts of this series, I’ve discussed the law of the Miranda rights and when the Miranda rights apply.  Now, it’s time to talk about how to invoke your rights if you choose not to talk… and you probably shouldn’t as we’ll discuss in part 4).   Who can invoke your rights? […]