Breaking News
  • San Diego County Charge: Out of county resident charged with felony assault and battery involving multiple victims and great bodily and serious injuries Result: Verdict, Not Guilty on All 7 counts of Assault and Battery with Great Bodily Injury and Multiple Strikes.San Diego County Charge: 69 year old man driving under the influence of methamphetamine onto oncoming traffic Result: Hung Jury and District Attorney Dismissed DUI San Diego County Charge: Mother of two evading police in hit and run charge with serious bodily injury Result: District Attorney Dismissed after Successful Line-Up Motion San Diego County Charge: Juvenile charged with running over her ex boyfriend at high school Result: Court Dismissed case after Argument Made In Mitigation San Diego County Charge: Spouse arrested for domestic violence after 911 calls and pictures of serious bodily injury Result: District Attorney Dismissed at Trial San Diego County Charge: Military member arrested for assault and battery Result: Court Dismissed after successful argument for Military Diversion San Diego Federal Charge: 19-year-old student charged with Alien Smuggling Result: Case Dismissed after negotiations with US Attorney
                    
    San Diego County Charge: Out of county resident charged with felony assault and battery involving multiple victims and great bodily and serious injuries Result: Verdict, Not Guilty on All 7 counts of Assault and Battery with Great Bodily Injury and Multiple Strikes.San Diego County Charge: 69 year old man driving under the influence of methamphetamine onto oncoming traffic Result: Hung Jury and District Attorney Dismissed DUI San Diego County Charge: Mother of two evading police in hit and run charge with serious bodily injury Result: District Attorney Dismissed after Successful Line-Up Motion San Diego County Charge: Juvenile charged with running over her ex boyfriend at high school Result: Court Dismissed case after Argument Made In Mitigation San Diego County Charge: Spouse arrested for domestic violence after 911 calls and pictures of serious bodily injury Result: District Attorney Dismissed at Trial San Diego County Charge: Military member arrested for assault and battery Result: Court Dismissed after successful argument for Military Diversion San Diego Federal Charge: 19-year-old student charged with Alien Smuggling Result: Case Dismissed after negotiations with US Attorney
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Monder Law Group - News

Miranda Warnings

Published: May 3, 2013

The 5th Amendment protects citizens from providing self-incriminating information to authorities. It is there as a mechanism to prevent the government from eliciting information the accused. The government has to inform the suspect of his Constitutional Rights before asking questions. Unfortunately, there are many instances where the police officers would...

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DUI Blood Test

Published: April 18, 2013

The Supreme Court has recently struck down the per se rule that require individuals to submit to a blood test without a warrant. The Court does not want to depart from the “case-by-case assessment of exigency [to] adopt the categorical rule proposed by the State.” Missouri v. McNeely, 11-425. (2013)....

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High Crime Area

Published: April 14, 2013

What is a high Crime Area? The Supreme Court has never answered this basic question. The Supreme Court typically had taken words used by officers and used it as a factor towards reasonable suspicion. The Supreme Court would allow the officers to state that an area is known for a...

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Domestic Disputes

Published: March 27, 2013

Domestic Violence is defined as “abuse or threats of abuse when the person being abused and the abuser are or have been in an intimate relationship (married or domestic partners, are dating or used to date, live or lived together, or have a child together). It is also when the...

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Valid Consent

Published: March 20, 2013

A valid Consent allows an officer to search the individual or his property without a warrant. The Circuit Courts have outlined factors to determine whether a consent given was valid or not. The Fifth Circuit has five factors to determine whether consent is valid. The five factors are: “(1) the...

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Criminal Surveillance on Home

Published: March 18, 2013

As the law stands today, law enforcement for the most part, cannot use enhanced method to gain information that would otherwise have been private. This would be a violation of a one’s legitimate expectation of privacy. Law enforcement can use technology to see or hear information that is public. There...

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Prior Criminal Conviction Evidence in San Diego Criminal Trials

Published: March 14, 2013

There are couple rules of evidence that can exclude prior convictions. These rules were enacted because the legislators do not want the defendant prior convictions to be on trial. The court wants the jury to focus on the alleged crime the defendant is charged at trial. These rules are FRE...

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What is an Invalid Warrant

Published: March 13, 2013

The Warrant Clause of the Fourth Amendment categorically prohibits the issuance of any warrant except one particularly describing the place to be searched and the persons or things to be seized. Maryland v. Garrison, 480 U.S. 79,84 (1987). If the scope of the search goes beyond what was permitted by...

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The Ambient Defense

Published: March 11, 2013

Imagine this… You were suffering from insomnia, so you decided to take an ambien pill. You thought it would relieve your ailment. Unfortunately, it did more than that. When you woke up, you were sleeping on a hard cement floor in the local jail. Little did you know, you were...

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Beyond a Reasonable Doubt

Published: December 8, 2012

There are different standards of proof depending on the type of trial. The standards have different definitions and different levels of difficulty. For example, in criminal trials, the prosecution has the burden of proving the defendant committed the crime “beyond a reasonable doubt”. This is the highest burden of proof...

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      You have the right to remain silent and refuse to answer questions. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.