What's New in Criminal Defense

It is illegal for someone to drive under the influence of a drug even if alcohol is not involved. The drug can be one that was prescribed by a doctor or somehow illegally obtained. Having a prescription is not a defense. People who are arrested for a drug only DUI, are not subject to a license su...

Diversion is a program created to offer an alternative to criminal court proceedings. If accepted into a division program, all criminal proceedings are terminated and an applicant begins a program of education. Once the program is successfully completed, all criminal records can be sealed meaning nobody can see anything about that particular case except perhaps law enforcement.

Normally, both the Criminal court and the DMV will try to suspend a driver's license in Santa Rosa, Napa, Ukiah and Lakeport. However, in a drug only DUI, a driver will not face a suspension process from DMV. This is because the DMV Administrative Per Se process is based on whether a driver was d...

The law of transferred self-defense applies where a person, who is accused of an assault, accidentally injures an innocent bystander while they are justifiably defending themself. As criminal assault lawyers in Santa Rosa, Napa, Lakeport and Ukiah point out, if the type of danger is imminent and ...

There are a number of illegal police behaviors and/or tactics that have been used to produce an illegal confession from a suspect. In a recent case, a suspect was told by he police that unless they found out what happened in a murder case, they would have to charge his sons with murder. This was ...

DUI lawyers in Santa Rosa, Napa, Lakeport and Ukiah explain when a Court orders restitution after a conviction, the injured party can force the defendant to pay for more expensive parts. Often, when a defendant is convicted of a crime that involves damage to property, the court will make a restit...

Police are required to have different levels of justification, per the Fourth Amendment of the United States Constitution, to briefly contact a citizen legally. If they do not meet the standard of justification, they lose the right to use the evidence in court. If illegal, the evidence will be th...

DRIVING ON A SUSPENDED LICENSE-VC14601- does not require a six month jail sentence in Sonoma, Napa, Mendocino and Lake county if a defendant refuses being placed on probation. In a recent case decision, the defendant refused an offer of probation from the court. Normally, a period of probation fo...

How The New PC 290 Cancellation Of Ses Offender Registration Works In Santa Rosa/Sonoma County Activated portions of the law regarding termination from the PC 290 Sex Registration list became effective on January 1, 2018, but the operative language allowing termination did not become effective un...

Under both California and United States Federal Law, evidence that is obtained illegally by police may be suppressed or thrown out of court. This is generally referred to by Santa Rosa criminal defense attorneys as the "fruit of the forbidden tree" analysis. Basically, the theory is that if the t...

It depends. Its important to remember that a DUI charge results in a criminal case and not a traffic matter. As an example, when you are arrested for a DUI, within 2 or 3 days of the arrest, you will generate an arrest record in your criminal history file at the Department of Justice in Sacrament...

Preventing Police Officers From Going into a Home Without Either a Warrant or Emergency Circumstances In the case of People v. Oveida, the lower Courts had decided that it was permissible for police to enter Ovieda's house after he had been brought outside by 2 friends. Previously, it was reporte...

As Criminal Defense lawyers in Santa Rosa, Napa, San Rafael, Lakeport, Ukiah, and Eureka, we frequently receive questions from potential clients as to whether or not there is a defense in their case because the police never actually "arrested" them. In short, what they really mean is that the pol...

When someone is stopped by Law Enforcement for a DUI, it can be very harmful to their case to provide police officers with information that is not required to be given. Obviously, as DUI lawyers in Santa Rosa, Napa, San Rafael, Ukiah, Lakeport and Eureka will tell you, you have to identify yourse...

Humboldt County Defense Attorney Our Santa Rosa DUI Attorney Ronald Dinan discusses illegal traffic stops for driving without a front license plate. According to the California Vehicle Code, a motor vehicle must carry the number of license plates it has been issued by the DMV. The DMV always issu...

It's been roughly one year since the implementation of California's controversial Proposition 47, a law that sought to bolster community and educational programs by reducing the state's prison populations. As San Diego 6 reports, depending on who you speak to, the law has either been a determent...

DUI defense attorneys in Santa Rosa, San Rafael, Napa, Lakeport, Ukiah and Eureka explain recent court decision eliminating a mistake-of-fact defense in a DUI manslaughter case. In the case of People v. Givan, Fifth District Court of Appeal has ruled that a mistake-of-fact defense generally requ...

Explained by California Criminal Attorney for Santa Rosa, Napa, San Rafael, Lakeport, Ukiah, and Eureka In a recent case, People v. Rekte, the Fourth District Court of Appeals on January 8, 2015, issued an order confirming that expert testimony can successfully rebut the presumption accuracy of t...

Criminal Defense Attorney in Santa Rosa, Napa, San Rafael, Lakeport, Ukiah and Eureka Explains Court Decision Allowing Medical Marijuana Growers to Sell Marijuana to Fellow Collective Members Previously, some courts in California only allowed the “collective cultivation defense”-- Health and Safe...

As of January 1, 2014, the California State Legislature changed Vehicle Code §23152 to include six specific versions of a DUI criminal charge prohibiting driving under various circumstances. (a) Involves the influence of alcohol only (b) Involves an .08 or higher alcohol content (c) While addicte...

In the case of People v. Buza, Mr. Buza was arrested for setting a law enforcement vehicle on fire and, after his arrest, he refused, pursuant to Penal Code §296.1(a)(1)(A) and Penal Code §296(a)(2)(C), to provide a DNA sample to the police. He was convicted of both the arson charge and the refu...

Recently, two legislative bills were introduced in the Assembly and, fortunately, failed. Senate Bill 55 Senate Bill 55 authored by Democrat Senator Jerry Hill of San Mateo attempted to require everyone who is charged with a DUI to install an Ignition Interlock Device (“IID”) in their car before ...