California Criminal Defense Lawyers

In California and across the country, Super Bowl weekend will bring parties and get-togethers. People will gather at homes and at bars and in most circumstances, there will be drinking going on. Pay attention to most of the Super Bowl commercials and you will see that beer is quite popular with fans across the country!

The Salinas Police Department issued some statistics as well as tips in this article from The Californian. Because the incidences of driving while impaired increase so much over Super Bowl weekend, police are beefing up the ranks and getting prepared for a busy time.

In an effort to keep the roads safe they will be setting up checkpoints and increasing staffing to stop drunk drivers. Increasing patrols to combat drunk driving over the weekend will hopefully prevent DWI related accidents and deaths. [Read More...]

According to the Oakland Tribune, the fingerprint division for the Los Angeles Police Departments is dealing with some serious review work right now. After charges had to be dropped in two criminal cases due to fingerprint analysis mistakes, one analyst was fired and several more disciplined. In an effort to ensure no others have been wrongly accused, the department has ordered the review of 945 cases that used fingerprint analysis.

While the majority of those cases being reviewed didn’t rest solely on fingerprint evidence, there is a potential that other mistakes were made that could change the outcome of cases. People take technology for granted and often forget that even with the use of good technology is used, there is still the potential for mistakes. [Read More...]

On probation for DUI? Be wary of this new California law

As of January 1^st, 2009 a new penalty hit the books for probationers caught driving while under the influence. If someone has been put on probation for a DUI conviction in California and gets pulled over, his or her license can be immediately taken if they have any alcohol in their system.

This new law means that your blood alcohol content can be as low as 0.01% and you can still lose your license and possibly your vehicle. This penalty also applies if the probationer refuses to submit to a breath test.

AB 1165 alters the wording of the existing law to increase penalties and decrease the threshold at which someone on probation can be penalized for drinking and driving. While the intentions of this bill are likely in the right place it is an extremely harsh penalty that probationers should definitely take notice of. [Read More...]

In June of 2008 the US Supreme Court clarified the Right to Bear Arms as guaranteed in the 2^nd Amendment. Three Washington D.C. weapons laws were ruled unconstitutional by this clarification but one case arising out of San Diego wasn’t so lucky.

Miguel Flores was convicted of several charges in 2007 after fleeing from police and being discovered with a loaded firearm in his waistband. He was sentenced to 3 years probation for these charges. He appealed on the basis that the conviction violated his right to bear arms.

The California 4^th District Court of Appeals ruled that the arrest and subsequent conviction did not violate Mr. Flores 2^nd amendment rights and his conviction and sentence were upheld. [Read More...]