Tag Archives: charged

What is the entrapment defense?

Does entrapment still exist? Absolutely.  It’s an affirmative defense, meaning the defendant bears the burden of proving by a preponderance of the evidence that they were entrapped.  A preponderance means the defendant must convince the jury that it is “more likely than not” that they were entrapped. Entrapment is when law enforcement officer (or their […]

Should I give a statement to the police?

What’s wrong with giving a statement to the police? If I didn’t do anything wrong, what’s the harm in giving a statement to the police?  Even if somebody doesn’t want to press charges against you after an incident, giving a statement to the police isn’t a good idea.  Why? Several things… First, it’s not up […]

Charged with a misdemeanor? You may not ever have to appear in court.

California Penal Code section 977 If you’re charged with a misdemeanor by the District Attorney or City Attorney’s office, you may never have to appear in court on your case.  The California Penal Code allows an attorney to appear on behalf of their client on most misdemeanors.  By retaining an attorney before your court date, […]

Arrested and waiting for court date – can anything be done? (Orange County Criminal Defense)

What can you do before your Orange County court date? If you were arrested, but then released on bail or on your own recognizance (an “O.R.” release) and have a court date coming up, is there anything that can be done, or do you have to wait for your court date? Your arrest doesn’t signal […]

How long can you be detained by the police in Orange County?

Detention by the police People ask me often – “I was stopped by the police and they kept me for a really long time.  Can they do that?” The first question is:  Were you there voluntarily or were you detained?  That simple question can have huge impact on what the police can and can’t do, […]