Drug Arrests Are Not All Equal

November 11th, 2011 Posted in Criminal Defense, Real Life, Tactics
Nov, 11 2011
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California is known for a liberal policy on drugs and drug possession, but that is not always the case. Many drug possession cases are charged as felonies. And when it comes to selling, growing, manufacturing or transporting drugs, the penalties are massive.

Fortunately, under Health & Safety Code 11350, drug diversion is an option for many cases that involve only drug possession.

In cases involving the alleged sale of drugs, much of the case will hinge on the question of whether the prosecution can show “intent to sell,” which is difficult to prove, absent a sting operation. When a suspect is arrested, California police look for evidence of intent to sell. Such evidence might include:

  • Relatively large quantity of drug(s)
  • Large amounts of cash
  • Weapons
  • Plastic baggies or other separate containers
  • Multiple cellular phones
  • Text messages
  • Scales
  • Precursor materials
  • Lab equipment
  • Fertilizer, pots, soil

This evidence can be aggressively challenged. After a thorough investigation, we often find that California police:

  • make mistakes, exaggerate or lie in their police reports
  • make arrests despite lacking solid evidence
  • violate suspects Constitution right to be protected from illegal searches and seizures
  • obtain warrants based on faulty or trumped up evidence
  • violate California law against entrapment
  • make use of “informants” of dubious reliability
The key in drug cases is to chop away at the evidence and assumptions one by one. There is much that can be done to get your case dismissed. For example, often it turns out that the police illegally searched you. When that’s the case, your attorney can make a suppression motion and ask the court to show out the illegally obtained evidence. If the judge agrees, your case will likely be thrown out thanks to the motion to suppress.
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Top Complaint Lawyers Receive: Attorney-Client Communication

November 11th, 2011 Posted in Criminal Defense, Real Life, Tactics
Nov, 11 2011
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What bothers clients more than anything? Not keeping them in the loop. From a client’s point of view, no amount of expertise or legal talent outweighs their need to be informed. A major part of providing strong assistance of counsel is providing clear communication. In fact, frequent and clear attorney-client communication is crucial to running a successful law practice.

Lack of attorney-client communication is the most common complaint made against lawyers. There is no good reason to let this happen. There are more options than ever before allowing attorneys to keep in touch with their clients. Phone. E-mail. Text messaging. Fax. Snail mail and much more.

Yes, clients want to win their cases, that’s a given. But while they may understand that not every case can be won, they won’t accept that their matter doesn’t deserve your attention. If you fail to maintain the proper amount of attorney-client communication, clients may assume that you aren’t actually doing anything at all.

So what are some good ways to keep clients in the loop?

  • Write case memos and send them to clients as their case progresses
  • Notify clients when adding a court date to your calendar, so they can add it to theirs
  • Promptly return phone calls, e-mails and other electronic communication
  • Scan or copy case files, and share them with the client
  • Consider setting up a digital file system that allows clients to access their file and review it

Taking a few simple steps to keep your client engaged can make a massive difference in your practice. Not only will you have happier clients, but they will be more likely to bring facts to your attention that will help you win the case.

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Why Assistance of Counsel is So Important

November 9th, 2011 Posted in Criminal Defense, Real Life, Tactics
Nov, 09 2011
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According to the Sixth Amendment to the US Constitution:

“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.” (Sixth Amendment ratified December 15, 1791.)

The founding fathers believed that it was so important for everyone accused of a crime to have assistance of counsel, that they actually included it in the Sixth Amendment. The reason for that is that we have an adversarial system. The adversarial system is a legal system where represent parties represented by separate advocates who argue their positions before an impartial jury or judge, who are asked to determine the truth of the case based on the facts, law and reason. The adversarial system depends upon both sides having a competent attorney arguing on their behalf.

This means that the prosecution on the other side will be fighting as hard as they can to make sure that you receive the maximum penalty for any crime that you are accused of committing. However, with a strong advocate on your side, you will have someone to challenge the prosecution and make sure that justice is served in your case. By challenging the prosecutions position, you may be able to get your case dismissed, work out a favorable plea bargain, or be acquitted at trial.

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What is a Motion to Suppress?

November 8th, 2011 Posted in Criminal Defense, DUI, Real Life, Tactics, Traffic
Nov, 08 2011
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A police officer cannot arrest you, search you or your property, or seize your property unless he has probable cause to do so. Probable cause is generally defined as “facts or evidence that would make a reasonable person believe that a crime or wrongdoing has been, is being, or will be committed.”

A suppression motion is a legal tactic used in criminal defense cases that generally will question whether the arresting officer had probable cause to make a traffic stop or an arrest and seize evidence against you. The suppression hearing is an opportunity for both sides to argue their positions on the motion to suppress to the judge. The judge will consider both the argument of the distract attorney, as well as the defense attorney, and ultimately make a decision as to whether the evidence in the case should be excluded.

If after analyzing the police report and other evidence obtained by our private investigator in preparation for your case, we determine that the police illegally obtained evidence against you, we will file a motion to suppress the evidence, known in California as a 1538.5 motion. The court will then schedule a suppression hearing for your case.

At the suppression hearing, we will contend that the judge must dismiss the evidence against you as a penalty for the police violating your constitutional rights. For a motion to suppress to be granted by the judge, we must prove that the search and/or seizure was illegal by a preponderance of the evidence. If the suppression motion is successful, the prosecution will be left with no evidence against you, and your case will almost certainly be dismissed.

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