DUI Laws: If You Don’t Know Them, Find Someone Who Does

Compared to legal contracts or many of the bills that move through congress, DUI laws can be pretty straight forward and easy to understand. The only trouble is that every state has its very own set of laws. Of course there are similarities between these laws, but it is the differences you have to watch out for. For example, there are a couple states that permit passengers to consume alcohol in the car as long as the driver abstains from drinking. But, if someone used to those laws is pulled over... Read more »

Protecting the Privilege of Driving

From what I hear about California traffic, it seems like the roads would be too jam-packed to allow police officers to pick out the people driving under the influence, but if I guess it still happens. And, if you are caught driving under the influence (DUI), there can be some pretty serious consequences in store. If you appeal for a trial before your license is automatically suspended, a Los Angeles DUI lawyer can help you challenge the evidence against your case whether it includes your driving... Read more »

Second Conviction of a Drug Trafficking Offense

If a defendant has been indicted by the federal government for a violation of the narcotics statute, 21 U.S.C. 841 (b), and he has a prior conviction for a drug offense, the penalties can become quite severe. The mandatory penalties can double in prison time if a defendant has a previous drug conviction. The statute 21 U.S.C. 851, dictates the procedure whereby the government establishes that a defendant has a prior conviction, hence triggering an enhanced statutory sentence under the drug laws.... Read more »

How Effective is Entrapment as an Appropriate Defense?

Entrapment is the act of a law enforcement agent inducing a person to commit an offense, which the person would not have, or was unlikely to have, otherwise committed. An entrapment defense generally requires the defendant to prove that he never would have committed the crime absent the police trapping him. At the same time, the government will attempt to show that the defendant was predisposed to committing such a crime so as to negate the entrapment defense. If the government is able to show that... Read more »

What Constitutes an Unreasonable Search and Seizure?

The Fourth Amendment to the United States Constitution is perhaps one of the most frequently litigated constitutional amendments in the courts. In its entirety, the Fourth Amendment states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons... Read more »

Manufacturing or Delivering a Controlled Substance and Child Custody

Drug charges cover a broad range of offenses, from the less severe, such as simple possession of a small amount of drugs, to the more serious, such as participation in the ongoing manufacturing or distributing of drugs. Even minor drug charges, such as drug possession, can be frightening and carry the risk of serious penalties upon conviction. The more serious drug charges, of course, can give rise to even graver consequences. Past drug convictions, the amount of the controlled substance that was... Read more »

Can a Convicted Felon Ever Possess a Firearm?

Federal law prohibits any person who has ever been “convicted in any court of a crime punishable by imprisonment for a term exceeding one year” to ever or for any reason “possess… any firearm or ammunition.” 18 U.S.C. 922(g) makes it a federal crime for any person who has ever been convicted of any felony to ever possess any firearm regardless if it is inside or outside of the home. This blanket federal ban on all felon gun possession is punishable with up to 10 years... Read more »

When Does a Conspiracy Exist?

Of all criminal charges, the most intimidating can be federal charges. This is especially true when one is dealing with a federal conspiracy charge. Some may ask just want exactly is a conspiracy? A conspiracy exists when two or more people form an agreement to do some act or refrain from doing some act. A conspiracy to commit a crime is a crime in and of itself, which means that conspiracy is charged as a separate offense and apart from the crime that the parties to the conspiracy conspired to... Read more »

Who Can Own a Gun Under Federal Law?

While the Courts have never brightly defined under the law who actually has a right to own a firearm, for decades the presumption has always been that there is no individual right bestowed upon the citizens of this country. However, things may soon change if some have their way. The Second Amendment to the United States Constitution is currently creating a quite a stir in the federal courts. For those that are not familiar with the Second Amendment, it provides as follows: “A well regulated... Read more »

How Effective is Eyewitness Testimony?

Eyewitness testimony, which relies on the accuracy of human memory, has an enormous impact on the outcome of a trial. In criminal cases, eyewitnesses frequently play a vital role in uncovering the truth about a crime. The evidence they provide can be critical in identifying, charging, and ultimately convicting suspected criminals. However, eyewitness testimony is not infallible. No evidence seems more convincing upon its first hearing, yet is more unreliable, than eyewitness identification testimony.... Read more »