When facing criminal charges, you may be offered a plea deal to plead guilty to a lesser charge or receive a reduced sentence in exchange for avoiding a trial. It can be a quicker and less stressful resolution, but you don’t have to accept the plea deal. Plea deals...
Criminal Defense
What’s the purpose of a search warrant and when is it required?
Police officers sometimes need to conduct searches to obtain evidence to pursue criminal charges. They can’t just search wherever they want or whenever they want. Instead, they can only conduct a search or seize evidence under specific circumstances. One way that a...
Miranda rights are rooted in the United States Constitution
The United States Constitution is a historical document that some may not think truly applies today; however, legal rulings created since then have ensured that it remains just as applicable today as it was on the day it was created. One of these rulings is from the...
What is constructive drug possession?
A person could face being charged with drug possession even if they were not physically in contact with an illicit substance. Prosecutors may do this by using a legal theory called constructive drug possession. Unlike actual drug possession, constructive drug...
Examples of unlawful police searches
One of the powers that law enforcement has is to conduct searches. This helps police officers gather evidence and prevent crime. Nonetheless, searches are subject to strict legal protocols that are outlined in the Fourth Amendment of the U.S. Constitution. Police...
What the passage of Prop 36 means for California’s immigrants
As predicted, Californians voted by a large margin to approve Proposition 36 this month. The measure makes certain drug and retail theft crimes felonies rather than misdemeanors for those who have prior convictions. The measure also adds something called...
You don’t have to drive through a DUI checkpoint
As long as the police follow the proper procedures, they are allowed to use sobriety checkpoints. These differ from regular traffic stops, where an officer needs a reason to pull a driver over and ask them to perform a field sobriety test or take a breath test. At a...
When the police come knocking: A practical guide
When you hear a knock on your door and see the police standing there, the stress can be immediate. You may feel intimidated and afraid – even if you have nothing to hide. Whether the authorities are investigating something serious or just making inquiries about...
Can the police search your phone?
More and more often, phones are a source of evidence in criminal cases. This is simply because many people use their smartphones exclusively to communicate. They send text messages, direct messages, social media messages and email messages. They can transfer data...
If you get pulled over, do you have to answer questions?
Questions are a common part of any traffic stop. Maybe you were just breaking the speed limit. The officer will probably ask you if you know how fast you were driving. In many cases, officers will just ask: “Do you know why I pulled you over today?” It could be any...
