Useful updates and observations by Attorney Lynn Gorelick from the trenches of the criminal courts in Alameda and Contra Costa County, California.
Expungement is a legal process that permits the convictions and other criminal records to be sealed from a person's criminal record. The California Penal Code allows for three different types of expungements. Which type of expungement is right for you depends upon your criminal record, prior cr...
On November 4, 2014 California voters approved Proposition 47, also known as the Reduced Penalties for Some Crimes initiative or The Safe Neighborhood & Schools Act. This initiative was passed overwhelmingly and constituted a significant step towards rolling back outdated criminal sentencing...
You must invoke your right to remain silent -- it's not automatic.
July 4th is coming, and the LAST thing anyone wants over this weekend is to be arrested for Driving Under the Influence of alcohol or drugs (§§23152(a)(b) of the California Vehicle Code, or other equivalent section). The California Highway Patrol and other law enforcement agencies all around the...
It's football season. Be extra careful. The California Highway Patrol, Alameda Co. Sheriff's Office, and local law enforcement agencies have their eyes on sporting events and will be out in force after every Oakland A's home game. Drive carefully, obey all traffic laws, and be sure to use your tu...
What happens when you get stopped by a law enforcement officer for a DUI? One of the first things is that the officer may ask you to step our of the car and perform some “Field Sobriety Tests,” or FST's. What are they? Well, what they frequently are not is very reliable! There are some two do...
One of the most common reasons people are pulled over by the police is for driving without their headlights on. Many cars are equipped with “automatic” headlights that turn on by themselves at night, but if your car is parked by someone else, they may switch your lights to the OFF position. Since...
The California Office of Traffic Safety (OTS) awarded over $13 million in grants to various cities for the express purpose of funding DUI Checkpoints throughout 2014. Among the recipients in Alameda and Contra Costa Counties are Oakland, Fremont, Concord, Pittsburg,and Brentwood. That said, whe...
California generally, and the San Francisco Bay Area in particular, is cracking down on DUIs. Not only are there local police officers, county sheriff's deputies, and California Highway Patrol officers, but there are also specialized, inter-agency task forces dedicated to making DUI arrests. Know...
Drug Lab Scandal - Annie Dookhan Pleads Guilty Only a few of us here in the San Francisco Bay Area may have heard the name “Annie Dookhan,” but we should all know who she is. She was an analyst in a Massachusetts laboratory who pled guilty to TWENTY-SEVEN counts of misleading investigators, fil...
Did you ever stop to think just what the California Highway Patrol and other law enforcement agencies look for before deciding to pull someone over for a DUI? If you know what they're looking for, you can avoid making yourself look like a target for their traffic stops. What you know now can save...
California has strict policies in clearing a DUI case as soon as possible. Contra Costa, Alameda County and the Bay Area have strong DUI charges that must be addressed quickly. The list below will help you understand what do to in your DUI case. California law makes it a crime to drive or opera...
California imposes severe penalties for DUI/DWI, so it is important to know and protect your rights. If you'd like more information about legal issues relating to drunk driving or driving under the influence, take a look at these websites. For a more extensive explanation of probable cause, che...
Almost every driver will be pulled over by a police officer at some point. When you are, it's helpful to know what to expect. In this video, long-time law enforcement officer Shaun Appler explains what all drivers ought to know about being pulled over. You will need to show the office your d...
It is important to inform yourself of your rights when dealing with law enforcement officials, as the procedures performed during DUI/DWI traffic stops may lead you to falsely incriminate yourself. If you would like to know more about defending yourself in the face of a drunk driving arrest in th...
After an arrest occurs, a chain of legal events begins, serving the purpose of methodically determining whether a criminal suspect should be considered guilty and what his or her sentence will be. Here are the main steps in the criminal justice process: Bail Hearing If the defendant is not thou...
If you are stopped by a police officer and told to take a DUI/DWI test, you may be wondering whether it is within your rights to refuse. Here is a guide to the various forms of blood alcohol concentration (BAC) testing and whether they are they are legally required in California: Breathalyzer ...
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