Tuesday, September 15, 2015
Law enforcement officers have to follow specific procedures when they are going about their duties. Some of these procedures have been established by the Constitution. The Fourth Amendment, for example, states that they must have probable cause or a search warrant if they want to complete a search of a person or a person’s property. If the police officers don’t follow proper procedures, and a person’s rights were violated, there is a chance that the charges against the person can be dropped.
No Probable Cause
Take, for example, a recent case involving a federal drug trafficking defendant, which highlights the importance of knowing your rights when you are facing criminal charges. In this case, the man was stopped by police officers for jaywalking. That was the basis of their probable cause.
Friday, September 11, 2015
The California DUI law mandates that if you are lawfully arrested by an officer who has reason to believe that you’ve been driving under the influence of drugs or alcohol, you will be required to submit to a chemical test to gauge your blood alcohol content (BAC). This may be breath, blood or urine. While you are required to take a chemical test you are not required to take a preliminary alcohol screening test (PAS) at the scene of the arrest.
Wednesday, September 9, 2015
What does it mean to be placed on probation?
Probation is granted when the facts relevant to the crime, and its gravity, suggest that the probationer doesn’t pose a serious threat to society, and that lengthy imprisonment is not a reasonable punishment. If you plead guilty to a charge, a judge may grant you probation. As a condition of probation you may be required to serve a jail sentence as well as other conditions, such as paying a fine. The judge may suspend a jail sentence all together. This means that the Court postponed judgment of incarceration for a time, allowing you to serve your sentence out of jail in relative freedom. If you do conform to all probationary terms and steer clear of trouble, once the probationary period is complete, you can withdraw your guily plea and enter a plea of “not guilty.”