Tag Archives: evidence

Misdemeanor criminal defense & procedure – Orange County

I have previously written about the stages of a felony prosecution, but what about a misdemeanor? Misdemeanors, such as DUI, assault & battery, petty theft (shoplifting), driving on a suspended license, some domestic violence charges and violations of court orders, have their own time line and procedures. You may not even have to appear in […]

How is evidence suppressed in court?

In order for evidence to be admissible against you in court, it must be relevant and competent.  Relevant means it must have something to do with the case.  It must tend to prove or disprove any fact at issue.  For example, drugs found in a search in a drug case would obviously be relevant.  Competent […]

What is a preliminary hearing?

If you are arrested for a felony in California, the question that is probably going through your head is, “Now what happens to me?”  Unless you make bail, you will remain in custody throughout your court case.  Your first court appearance is the arraignment.  (See this post for more information on the arraignment.)  After that, […]

DUI and license suspension – DMV hearings – Orange County DUI defense

If you have recently been arrested for DUI in California, the clock is ticking for you and your driver’s license. Under the California Vehicle Code, the police will confiscate your driver’s license if you are arrested for DUI. They will issue a temporary driver’s license to you, but unless you take action, your license will […]

Search and Seizure

Along with questions about when the police are required to give somebody their Miranda rights, the next most often question people ask me is about getting evidence suppressed or “thrown out” of court.  The Fourth Amendment is your legal protection against unreasonable searches by the government.  Without first obtaining a search warrant from a judge […]