by Denis Honeychurch | Jan 30, 2018 | Domestic Violence, Drunk Driving, Felonies, Misdemeanors
Generally, a criminal defendant must be personally present in felony cases. Cal. Penal Code § 977(b). However, this general rule does not apply in most misdemeanor cases, and the defense attorney may appear on their client’s behalf. See Cal. Penal Code § 977(a)...
by Denis Honeychurch | Sep 29, 2017 | Domestic Violence, Felonies, Misdemeanors
The Fourth Amendment: Warrant Required Unless Lawfully Recognized Exception The Fourth Amendment dictates that warrantless searches inside a home without warrant “are presumptively unreasonable.” Payton v. New York (1980) 445 U.S. 573, 586. In order to justify a...