Archive for the ‘Arrest’ Category

Prior to Miranda v. Arizona, in order to determine whether or not a confession was coerced such that it would be considered to have been given involuntary in violation of the 14thAmendment Due Process Clause, the courts would look at the totality of the circumstances. However, it should be noted that today, confessions are rarely deemed to be involuntary if the law enforcement officers involved conformed to the requirements of the Miranda case. Still, any Irvine criminal attorney will tell you that Miranda did not supersede the laws that bar involuntary confessions.

One of the purposes of the Miranda warnings was to inhibit the use of high-pressure tactics when obtaining a confession. The U.S. Constitution not only prohibits the use of bodily torture, but it also prohibits the use of more subtle mind-related tactics as a way of evoking a defendant’s confession against his or her will.

(more…)

After an individual is arrested for allegedly committing a crime, certain legal proceedings will take place. Although the presence of an attorney is not required, it is in your best interest to obtain the assistance of a knowledgeable criminal attorney who will properly represent you and answer any questions you may have. If you or a loved one has been arrested, don’t take a chance. Contact Orange County criminal lawyer Staycie Sena for to see what she can do for you.

The accused  may be booked by police or cited and released on his own recognizance until his first court appearance. The initial appearance-called the “arraignment”- will be the first proceeding in front of a judge. During this appearance, the judge informs a defendant of certain rights and asks for a plea of guilty or not guilty. When an attorney is involved, the plea is almost always a “not guilty” plea. This allows the attorney time to investigate and negotiate or fight a case.

(more…)

Most people never want to hear the words “you have the right to remain silent.” Rather than concentrating on the notification of an important Constitutional right, most people will immediately recognize that they are being arrested. If you or a loved one are arrested, there are specific issues you need to keep in mind.

If you are taken into custody, you will be searched for weapons or contraband and taken to a police station, where you will be further searched and then fingerprinted. This is not an option. Refusing to cooperate will not reflect well on you later and you could even be subjected to further charges, such as violating California Penal Code section 148(a), resisting, obstructing or delaying a peace officer in the performance of his duties.

(more…)

If you have been arrested for driving under the influence, you should contact an Orange County DUI or DWI attorney. During your initial interview with a DUI attorney, you will be asked several questions about your arrest and what happened leading up to it. Below are some questions you are likely to be asked, so it might help to have your answers to these questions ready before your interview.

During your arrest, was your car searched by the police, and if so, did they find anything?

(more…)

Under the U.S. Constitution and most state criminal procedure codes, criminal suspects retain specific rights with respect to police informants. Under the Fourth Amendment, probable cause or reasonable suspicion that a crime is being committed is always required before law enforcement is privileged to arrest a private citizen. Orange County DUI attorneys know that probable cause is formed a variety of ways—typically through police investigative tools and eyewitness accounts. Sometimes, police are able to apprehend a criminal based on a tip from a known or anonymous informant. The law imputes varying levels of probable cause and reliability with respect to informants, and police are not necessarily permitted to pursue a criminal based on an unreliable, anonymous, or an unknown informant.

Criminal procedure law is friendlier to law enforcement in situations where an informant is identified by name and has been relied upon successfully in the past. Conversely, courts have held that probable cause is not present in cases where police arrest a suspect based on an anonymous tip from an unknown, unreliable source. In these cases, police should have used the tip to investigate further and garner more evidence to form probable cause before arresting the suspect.

(more…)

There are many components to a DUI charge and arrest. Law enforcement officers observe the physical characteristics of any person under suspicion of driving under the influence. Observations are made during the initial traffic stop, the field sobriety test, and the subsequent arrest. If you are facing a recent DUI arrest, it is important to get representation from an Orange County DUI attorney who may find alternative explanations for the various observations recorded by the arresting officers.

It is common for Orange County DUI attorneys to uncover inconsistencies in the police officer’s report. In most situations, the arresting officer will fill out an Alcohol Influence Report that is intended to detail the officer’s perceptions of the DUI suspect. One common inconsistency involves a situation in which the blood alcohol content (BAC) of a suspect is particularly high in comparison with the observations made in the Alcohol Influence Report. This could suggest inaccuracies in the chemical analysis of the suspect’s blood alcohol concentration. An experienced Orange County DUI attorney will assuredly advocate his or her client with regard to these potential chemical incompatibilities.

(more…)

A Costa Mesa woman has been charged with driving under the influence and causing injury after she allegedly hit a pedestrian. The pedestrian, 17-year-old Newport Harbor High School student Crystal Morales, was crossing a crosswalk shortly after 2:45pm when she was struck. The high school student was taken to a local hospital where doctors induced a coma so that Morales could recover from internal bleeding, brain swelling, head trauma and other internal injuries.

The 38-year-old driver Marie Lippincott, a fellow classmate’s mother, was driving a Chevy Tahoe northbound on Irvine Ave. when the accident occurred. An officer arrested Lippincott and is currently being held at the Orange County Jail in lieu of $100,000 bail. Records show that in 2005, Lippincott pleaded guilty to theft, burglary and obtaining prescription drugs by fraud.

(more…)

Many cities throughout Southern California set up multiple DUI sobriety checkpoints during weekends and holidays. Costa Mesa, however, is choosing to conduct fewer checkpoints in favor or more DUI saturation patrols.  By doing so, arresting officers are able to target more drunk drivers on any given night without having to announce the time and location prior to its commencement.

Unlike DUI sobriety checkpoints which are structured, DUI saturation patrol officers are able to roam the cities, ensuring the safety of motorists without having to make a big scene. Most motorists are able to research the DUI checkpoint locations and oftentimes, avoid a certain location knowing a checkpoint is scheduled to occur.  The city of Costa Mesa believes that by reducing the amount of DUI checkpoints and relying more on DUI saturation patrols, officers can be more effective in arresting those who have been driving under the influence.

(more…)

A Garden Grove man has been arrested on suspicion of driving under the influence after he allegedly caused a DUI-related accident in Irvine shortly before 7pm.

The man was allegedly driving while under the influence of alcohol when he crashed into the Orange County Fire Authority’s Eternal Flame Memorial in the city of Irvine. The man, whose name has not been released, damaged a gate, knocked down a light pole, jumped a curb and drove through a small block wall before crashing into the memorial. The driver was taken to the local hospital with a broken foot and was later arrested for an Orange County DUI.

(more…)

A 35-year-old Stanton man has been arrested for driving under the influence after he caused a fatal DUI accident that took the life of a 50-year-old man.

The accident occurred at 5:15am on Saturday morning in the 500 block of Beach Boulevard in Anaheim when the driver of a 2000 Chevrolet S-10 pickup, Alexandro Cedillo, failed to notice a pedestrian crossing the road.  Unfortunately, the pedestrian was pronounced dead at the scene.  Cedillo stopped and stayed until officers arrived and he was arrested on suspicion driving under the influence and being under the influence of a controlled substance.

(more…)

A fatal DUI accident in Riverside County has resulted in an Orange County man being arrested on suspicion of driving under the influence and manslaughter.

The accident, which occurred at 3:35am on Saturday morning, took the life of 20-year-old Joseph Castro, from Santa Ana and injured two teenage girls, a 19-year-old from the city of Orange and a 16-year-old from Santa Ana. The driver of the vehicle, 22-year-old Victor Martinez from Santa Ana, was allegedly traveling at high speeds when he crashed into a dirt embankment along the side of the road. Martinez was then arrested and booked at the Robert Presley Detention Center on suspicion of driving under the influence as well as manslaughter.

(more…)

Being arrested for driving under the influence in Orange County can be stressful, especially if it is during a DUI sobriety checkpoint. As a DUI offender, you are looking at consequences such as heavy fines and lengthy license suspensions. As a multiple DUI offender, you could be facing severe consequences that could include jail time. The only way to get the best representation during both the DMV and criminal court process is to have an experienced Orange County Drunk Driving Lawyer who knows the laws.

This upcoming weekend, Orange County will be conducting at least two DUI sobriety checkpoints, with the potential of others that have not yet been announced. In San Juan Capistrano, residents can expect a DUI sobriety checkpoint to occur on Friday, September 23^rd between the hours of 6:30pm and 2:30am as well as in Costa Mesa on Saturday, September 24^th from 6pm until 2am. Both of these locations are currently undisclosed, meaning that they will be occurring within the city limits but arresting officials are not providing the exact cross streets or location.

(more…)