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Articles Posted in Criminal Defense

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Gone Viral: The Story of an SDSU Student Passed Out While Driving

As I have blogged before on the status of California’s DUI laws, last week saw a perfect illustration of what happens when one is caught drinking and driving.  A 25-year-old San Diego State student by the name of Amber Dlaine McKinney Morgan was rescued by California Highway Patrol (CHP) officers…

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Local San Diego Rapper Demands Change In Law, Days After Criminal Case Dismissed (Update)

In a recent post, we discussed the current events surrounding local rapper “TinyDoo” (real name Brandon Duncan) and his charges of gang conspiracy.  Specifically, Mr. Duncan, along with 15 other co-defendants, was charged in connection with gang criminal conspiracy connected with nine shootings that took place in San Diego between…

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Proposition 47 Causes Noticeable Drop in California’s Incarceration Rate

Even though it has only been a few months since Proposition 47 has made its debut, the incarceration rate throughout the state of California has dropped a noticeable degree.  As most of you may know, the controversial Proposition 47 (“Reduced Penalties for Some Crimes Initiatives”) made its way onto the…

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When does the Miranda right apply?

Your Constitutional Rights The Miranda warning is a verbal warning that all police officers must give a suspect before s/he is about to be taken into custody, and applies the whole time s/he is in custody.  Custody means a formal arrest or the deprivation of freedom where a reasonable person…

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Are there circumstances where Miranda rights don’t have to be read?

As reviewed in the previous blog, Miranda rights protects one from compelled self-incrimination, but this right is not absolute.  There are certain exceptions to the Miranda rule where police do not have to read you your rights.  This means in any of these situations, police will use what you say…

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Complaint Alleges SFPD Officer Broke City Law While Investigating With FBI

Recently, two civil rights groups (the San Francisco branch of the Council on American-Islamic Relations and the Asian Law Caucus) filed a federal lawsuit against the San Francisco Police Department alleging that a police inspector not only violated department rules and city law whilst working with the FBI’s Joint Terrorism…

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Teen Suspected of Making Online Threats Through the Burnbook App

Early in March, San Diego Police investigated two threats of violence to high school campuses using social media.  On March 5, they investigated a threat made to to Del Norte High School through the Burnbook app.  On March 11, another threat on the Burnbook app was made against Mission Hills…

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Gang Conspiracy Case Defendant Says ‘They’ve Got the Wrong Guy’

In the beginning of this month, a group of 15 young people from Lincoln Park, San Diego, who were alleged to be part of the notorious Lincoln Park gang, were charged with criminal conspiracy related to two dozen local shootings within San Diego County.  The San Diego County District Attorney’s…

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The Police Want Me to Voluntarily Go Down to the Station to “Answer Some Questions.” What Do I Do?

Imagine that you are about to sit down with your family for dinner, and somebody knocks on the door.  It is the police, and they were hoping you would go down to the station to “answer” some questions about a homicide next door.  You think nothing of it, because you…

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The Prosecutor Wants me to Take a Polygraph Test! What Do I Do?

What Exactly is a Polygraph Test? In tv shows and movies, polygraphs (or “lie detector tests”) are often painted as mechanisms by which a defendant “gets off” or proves his or her innocence. Polygraphs are machines that hook up to a person to measure their physiological indicators such as perspiration…

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