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A football coach at Santa Margarita Catholic High School has been arrested for possession of narcotics. The coach was detained for possessing a “powdery white substance” , suspected to be cocaine. The substance was found in a search of his vehicle by the Orange County Sheriff’s Department. The coach was apparently not on campus or with students- the substance was found in a limousine in San Juan Capistrano, whereas the Catholic school is in Rancho Santa Margarita. He was, nonetheless, reportedly fired from his position as junior-varsity football coach and may face charges of both drug possession and being under the influence. This is the third coach from Santa Margarita Catholic High School to be accused of a drug offense in recent years.

Drug Policy in California sets various punishments depending on the substance in which a person illegally possesses. In this case, cocaine is found in Schedule 2 of The California Uniform Controlled Substances Act. It is illegal to possess under California Health and Safety Code 11350. Various sentences apply- from drug treatment programs to state prison incarceration.

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If you ever watched a legal drama, you know that your Irvinecriminal defense attorney will be spending hours figuring out the best opening statement for your trial. After all, opening statements can be pivotal. They can set the tone – and the stage – for the rest of the prosecution.

So what are some important elements of an opening statement?

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An Irvine criminal defense lawyer can advise you, specific to your case, regarding the likelihood of obtaining the names of witnesses. Obtaining the identity of witnesses depends on the criminal rules of the jurisdiction where the case is being heard. In some jurisdictions, obtaining the names of witnesses lies in the complete discretion of the judge hearing the case. The judge will consider a number of factors when deciding whether or not to release the identity of witnesses. For instance, was violence involved in the matter, and has the defendant previously been arrested for violent matters? If so, would providing the identity of witnesses jeopardize the likelihood of witnesses showing up to testify for the prosecution? On the flip side, are the allegations complicated, perhaps occurring over a long period of time? Are the resources of the accused needed to defend and prepare the case limited such as to cause an unfair hardship on the defendant? The court will weigh these and other factors before deciding whether to release the names.

If the court is unwilling to disclose the identity of witnesses, anIrvinecriminal defense lawyer can still attempt to acquire those names through informal processes. The names can frequently be found in documents that must be disclosed through the formal legal discovery process. For instance in fraud cases, the sought after names can often be found in the corporate record books, ledgers, etc., which can be obtained through the document request process. An Irvine criminal defense attorney may also acquire the names through her course of discussions with prosecutors and co-counsel.

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Grand juries are skewed against defendants. Often, the jurors merely rubber stamp a prosecutor’s decision to file charges. Moreover, defense attorneys never find out what the exact vote count is; instead, they are merely told that their defendant is either charged or not.

YourIrvinecriminal attorney has her work cut out for you as you face a grand jury. There are, in fact, two different types of grand juries: the charging grand jury and the investigating grand jury. Whether you will face one or the other, or a grand jury at all, depends on your case and the jurisdiction where your case is heard.

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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.

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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.

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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.

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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?

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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.

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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.

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