San Diego Criminal Defense Attorney Blog

The United States Supreme Court handed down a decision this month that changes the rules regarding when a police officer may search a vehicle incident to the arrest of a vehicle occupant.  Prior to this decision, a San Diego Police officer or California Highway Patrol officer could search a vehicle after arresting a recent occupant of the vehicle for the purpose of securing the officer's safety.  You can read the opinion here: Arizona v. Gant.

The Fourth Amendment to the Constitution of the United States protects people from unreasonable searches and seizures.  In many instances, that means police must get a warrant prior to conducting a search.  The warrant requirement is subject to several exceptions.  There is a well used exception for vehicles, no warrant is required.  Police can search a vehicle as long as they have probable cause.

So what does the new decision change?  Let's say you are stopped for not having current vehicle registration and then arrested for drunk driving (DUI).  After your arrest, you are placed in the back of the police car.  It used to be that the police could search your car while you are safely locked up in the back of there's.  If they just happened to find a kilo of cocaine - your arrest just got more serious. 

Under the new rule in Gant, the police cannot search your car under those circumstances without probable cause.  And if they have probable cause that they will find an open container, for instance, that will not support a search for drugs in the trunk.

The California Penal Code provides for a hearing to determine whether the evidence in your case was legally obtained by the police.  If the judge at this suppression hearing finds that the police acted illegally, then the evidence might be thrown out. If evidence is thrown out, the prosecution may not have enough evidence to move forward with the case against you.  Even if there is still sufficient evidence to support the charges, your success at a suppression hearing will likely lead to a better plea offer.

The rules that protect you from unreasonable searches under the Fourth Amendment are extremely complex.  If you've been arrested and the police searched you, your house, your car or your belongings, you need a skilled California criminal defense lawyer who is familiar with the complex body of search and seizure law.

Continue reading "Supreme Court Limits Police Search of Cars" »

Once upon a time you did something stupid and managed to get charged and convicted of a crime in San Diego.  Once you have completed your probation, California Law allows you to petition the court to dismiss the original charges brought against you. This is sometimes called expungement. 

You can petition the San Diego Superior Court yourself to have your conviction expunged by downloading and submitting the appropriate forms (here for misdemeanors and here for felonies) and representing yourself at a hearing... or you can hire a criminal defense lawyer to help you.

To complete the forms, we will need to know the court file number and date of your conviction.  If your case is more than 10 years old, the courthouse probably won't have a record of your conviction.  In that case, you will need to provide a certified copy of the complaint, conviction, and clerk's minutes. But you probably don't have and can't get these documents.  Don't sweat it, you can get your criminal record from the California Department of Justice (DOJ).  The record is free, but you will have to pay up to $20 to have your fingerprints taken at a LiveScan location.

The court can charge you up to $120 for the services related to the petition, but that might be waived if you can demonstrate financial need.

Expungements are not overly complicated but they do have some significant limitations and involve jumping through some hoops.  If you are interested in cleaning up your criminal record but are intimidated by the prospect of representing yourself at a hearing in front of a judge - consider hiring a skilled California criminal defense attorney to complete the paperwork and appear on your behalf. 

You've done your time - let us help you put your past mistakes behind you.

On April 1st, 73 year old Virginia Kelly of San Ysidro was arrested at her home on felony charges of grand theft and embezzlement.  The San Diego District Attorney's Office alleges that Kelly has been hoarding toys from the Toys for Tots program and the Child Abuse Prevention Foundation.  More toys were allegedly donated directly to Kelly for distribution to children.

Investigators, acting on a warrant, painstakingly added up every marble, happy meal give-away and nail polish bottle they seized to announce that Kelly was in possession of 11,000 toys.  They even made a video to convey the "shocking" discovery to the jury pool.  Bonnie Dumanis, the San Diego District Attorney, made herself available immediately to try this case in the press saying, "Stealing from a charity and depriving needy children in San Diego of the chance to get a new toy is despicable."

It will be that video and Dumanis' cries of injustice that stick in the minds of every sound-bite junky in the San Diego County.  The even-handed article telling Virginia Kelly's side of the story that appeared in the dwindling circulation of the San Diego Union Tribune on April 7th will likely have little impact.  Public responses to that article, "Woman says she didn't sell toys," are already drawing parallels to the Grinch that Stole Christmas!

Continue reading "San Ysidro Senior Citizen Accused of Grand Theft... Stealing Toys from Children" »