by Denis Honeychurch | Dec 21, 2017 | Drunk Driving, Felonies, Misdemeanors, Traffic Cases
DUI Blood Draws Justified on grounds of Exigent Circumstances under the Schmerber and McNeely decisions. In Schmerber v. California (1966) 384 U.S. 757, the US Supreme Court determined that a warrantless compulsory seizure of blood for the purpose of a...
by Denis Honeychurch | Dec 19, 2017 | Felonies, Misdemeanors, Three Strikes
Bail is the means the Court uses to ensure a defendant shows up in Court. Basically, by setting a “price” for the defendant to be released from custody of the jail on bail, the defendant has something at stake – money – that can be lost if he...
by Denis Honeychurch | Dec 8, 2017 | Drunk Driving, Felonies, Misdemeanors, Traffic Cases
Holiday season means DUI checkpoints increase across the State of California. DUI checkpoints are legal and police may use them in an effort to protect public safety, if they follow certain guidelines in setting up and operating the checkpoint. Vehicle Checkpoints and...
by Denis Honeychurch | Dec 6, 2017 | Felonies, Three Strikes
Strikes are included in Penal Code section 1192.7(c) (“Serious Felonies”) and Penal Code section 667.5(c) (“Violent Felonies”). [See Cal. Penal Code § 1170.12(c)(2)]. As mentioned on this website, under California’s Three Strikes Law, an offender can face up to 25...
by Denis Honeychurch | Dec 4, 2017 | Felonies, Misdemeanors, Three Strikes
If you are sentenced to State Prison, County Jail, or County Jail as a condition of probation, you are ordinarily entitled to “half-time” credits, unless you committed a violent felony (a type of “strike” offense) requiring you to serve the...
by Denis Honeychurch | Nov 16, 2017 | Felonies, Juvenile
Changes Created by Prop. 57 in Charging Minors as Adults Proposition 57 was the second major change to juvenile transfer hearings within a year that evidences a new rehabilitative focus in which the transfer criteria are viewed in light of the...