by Denis Honeychurch | Feb 9, 2018 | Domestic Violence, Drunk Driving, Felonies, Firearms, Juvenile, Misdemeanors, Three Strikes, Traffic Cases
Almost all states, as well as the Federal Government, have codified their criminal laws into statutes that one can refer to in text form. The Courts interpret the statutes and determine the intent of the Legislature, and, when the statutes are challenged as...
by Denis Honeychurch | Feb 3, 2018 | Felonies, Misdemeanors
The recent news coming from a Baltimore Police corruption trial has unearthed appalling accusations that Baltimore Officers were fabricating search warrant affidavits to illegally search homes, possessed BB guns with the intent to plant them in case of unlawful police...
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 | Jan 5, 2018 | Felonies, Firearms, Misdemeanors
California gun laws are notoriously complex and difficult to distinguish, even for attorneys who handle firearms-related cases on a regular basis. One key area of confusion that comes up is the distinction between loaded firearms and concealed firearms. Below, we...
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...