- 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 AttorneySan 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
Monder Law Group - News
Criminal Law In San Diego
For most people, familiarity with criminal law in San Diego comes in fragments -- from movies, television, and books. But when we become personally involved in the criminal law system, real-life issues come into focus and the need for information and assistance can arise quickly. This overview discusses the basics...
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Pre Trial Conference
After the preliminary hearing and before a criminal case goes to trial, the prosecutor and the defense team usually appear before a criminal court judge for a pre trial conference -- arguments that certain evidence should be kept out of the trial, that certain persons must or cannot testify, or that...
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Preliminary Hearing In Criminal Court
Usually held soon after arraignment, a preliminary hearing in criminal court is best described as a "trial before the trial" at which the judge decides, not whether the defendant is "guilty" or "not guilty," but whether there is enough evidence to force the defendant to stand trial. In making this...
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Guilty Plea
As criminal courts become ever more crowded, prosecutors and judges feel increased pressure to move cases quickly through the system. Trials can take days, weeks or sometimes months while guilty pleas can often be arranged in minutes. Also, the outcome of any given trial is usually unpredictable -- but a...
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Plea Bargaining Cases
The vast majority of criminal cases are resolved through a "plea bargaining cases", usually well before the case reaches trial. In a plea bargaining cases, the defendant agrees to plead guilty, usually to a lesser charge than one for which the defendant could stand trial, in exchange for a more...
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Arraignment in San Diego
After the arrest, booking, and initial bail phases of the criminal process, the first stage of courtroom-based proceedings takes place -- arraignment in San Diego. During a typical arraignment, a person charged with a crime is called before a criminal court judge, who: Reads the criminal charge(s) against the person...
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Getting Out Of Jail
After a criminal suspect is arrested, the next steps in the case are the processing of the person into police custody ("booking"), and a determination of his or her eligibility for release from custody in exchange for the posting of a set amount of money ("bail"). Booking After arrest, a...
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Driving While Intoxicated
Offenses Involving Alcohol or Drugs (California Vehicle Code Sections 23152 - 23229.1) California DUI Law Highlights: BAC Levels and Implied Consent (Table 1) State "Per Se" BAC Level "Zero Tolerance" BAC Level Enhanced Penalty BAC Level "Implied Consent" Law California .08 .01 .16 Yes DEFINITIONS: "Per Se" Blood Alcohol Concentration...
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DUI Checkpoints San Diego
Decision making at the Supervisory Level The decision to establish a sobriety checkpoint, the selection of the site and the procedures for the checkpoint operation should be made and established by supervisory law enforcement personnel, and not by an officer in [*1342] the field. This requirement is important to reduce...
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Fourth Amendment Protections
The Fourth Amendment of the U.S. Constitution guarantees the RIGHT OF THE PEOPLE to be secure IN THEIR PERSONS, HOUSES, PAPERS, AND EFFECTS, against UNREASONABLE searches and seizures. U.S. Const. amend. IV.“The Fourth Amendment protects people, not places, therefore the touchstone of Fourth Amendment analysis is whether a person has a...
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