CALL US FOR A FREE CONSULTATION
831-426-5800
831-566-4357
303 Potrero Street, Suite 30,
Santa Cruz, CA 95060
Recent Blog Posts
Randy Travis found naked after car accident, arrested for DUI
Law enforcement says that troopers responded to the scene of a reported car accident shortly after 11:15 Tuesday night. Troopers claim that they found Travis naked when troopers arrived at the car accident scene. Authorities say the country music star was combative during the the investigation and after his DUI arrest.
The musician apparently suffered some personal injuries in the accident. An Associated Press report carried by the San Jose Mercury News says that Travis had a black eye and visible dried blood on his face in the mug shot released by the Sheriff's Office.
Travis was arrested on suspicion of DUI after the encounter with police. However, troopers say that the musician remained combative and authorities are planning to pursue felony charges under Texas law for retaliation or obstruction charges. Law enforcement claims that Travis made threats to shoot and kill the troopers involved in the investigation while he was being transported to the county jail. Law enforcement reportedly obtained a blood sample from Travis, test results remain pending.
Mother, daughter in Yuba County arrested for assault with deadly weapon
Deputies believe that the young teen took the used butts with the plan to smoke the stubs. The boy's mother and 18-year-old brother then got involved in a dispute that deputies say grew into an altercation. Authorities accuse the mother and daughter of using weapons against their neighbors.
The daughter accused of assault with a deadly weapon is a 21-year-old Linda, California woman who authorities accuse of using a baseball bat to strike the 18-year-old older brother of the teen believed to have taken the butts. The 18-year-old was struck in the head with the baseball bat-he was also allegedly stabbed in the left arm by the 35-year-old mother accused of assault with a deadly weapon.
Deputies further accuse the 35-year-old with stabbing the 43-year-old female neighbor several times in the dispute.
The mother and son who were reportedly injured in the altercation were each treated for minor injuries at Rideout Memorial Hospital and then released, according to the hospital.
Police: $5 million worth of pot seized in two California grow houses
Acting on a tip, police say that they launched an investigation into potential marijuana grow houses in a Southern California neighborhood. Tuesday, detectives served search warrants at two homes, which are located just over two miles from each other. Law enforcement claims that the 7:00 a.m. search revealed $5 million worth of marijuana plants growing inside the Hacienda Heights, California, homes.
In addition to roughly 1,400 total marijuana plants in various stages of growth, law enforcement claims that the each of the homes contained elaborate marijuana growing systems. Authorities served a separate search warrant at the residence of a San Gabriel, California, man who authorities accuse of running the marijuana grow houses.
A Los Angeles County Sheriff's Department sergeant has summarily announced that the drug crime investigation indicated that the San Gabriel man "was the person responsible for operating and financing the marijuana grow houses."
Passenger in vehicle charged with California DUI after crash
The California Highway Patrol has arrested a passenger who was riding in a car involved in a car accident. The Geyserville, California, man reportedly was riding in the car when it crashed on Highway 101 Friday evening. Police accuse the passenger in the vehicle of driving under the influence and a form California domestic violence charges.
Law enforcement says that a 19-year-old Geyserville woman was driving a Mazda Protégé on North bound Highway 101 shortly before 10:00 p.m. when the car left the pavement. Emergency responders arrived at the car accident scene to find the Mazda disabled about 100 feet down an embankment. The woman says that she lost control of the vehicle after her 28-year-old boyfriend had become agitated while riding in the car.
The CHP says that the woman accuses her boyfriend of speaking in a threatening manner and punching the interior of the car while she was cruising at around 65 to 70 miles per hour along the highway. The woman claims that her boyfriend grabbed the emergency brake, causing the car to crash.
California Supreme Court: a balcony is part of a residence in burglary case
Prosecutors had claimed that the defendant climbed onto a second floor balcony outside an apartment. Two bicycles were reportedly stored on the balcony. However, a dog inside the building began barking and the resident of the apartment came out to confront the man who was allegedly on the balcony. Prosecutors claimed that the man fled the balcony without taking anything.
Police later arrested a man and claim that he was the one on the balcony. The trial court judge ruled that the second floor balcony was a part of the residence. The case went before a jury, and the panel returned a guilty verdict.
On appeal, a California Court of Appeal in Los Angeles held that the balcony was not an enclosed area of the apartment and threw out the burglary conviction. Prosecutors brought the case to the California Supreme Court, and the high court reinstated the burglary conviction.
The high court ruled that the second floor balcony is designed to only be accessible from the inside of the individual apartment. The court ruled that the railing surrounding such a balcony marks the outside boundary of the living space of the apartment itself. The court held that any slight crossing of that outer boundary is sufficient to constitute an entry under California's burglary statute.
Two drivers arrested for DUI after fatal construction zone accident on the 405 Freeway
A 23-year-old Norwalk, California man in a Ford Explorer is believed to have run into the rear of the Lexus. The Lexus spun out of control, and reportedly struck three construction workers who had been working on the 405. The Ford flipped over onto its roof.
Two construction workers were fatally injured in the freeway accident. The third construction worker was able to walk around after the accident, and was eventually transported to an area hospital for treatment.
Both drivers involved in the freeway accident reportedly suffered scrapes and cuts from the crash. Each was transported to the hospital for treatment. Authorities say that both drivers were under the influence at the time of the 3:35 a.m. crash Sunday. After receiving medical attention, each driver was arrested on suspicion of DUI at the hospital.
Authorities are reportedly considering whether to bring involuntary manslaughter charges against each of the motorists involved in the fatal freeway accident.
Santa Rosa woman charged with murder in fatal car accident
Prosecutors are seeking second-degree murder charges against a 28-year-old Santa Rosa, California woman after she was allegedly involved in a fatal car accident in Sonoma County Saturday afternoon. Deputies claim that the woman was involved in some form of domestic dispute with her ex-boyfriend before the fatal crash. Authorities say that the ex-boyfriend had left on his motorcycle during an argument and the woman hopped in her Acura to chase after him.
Witnesses claim the Acura and motorcycle were speeding at 50 to 80 miles per hour on Hall Road, west of Santa Rosa. Authorities claim that the woman lost control of her Acura and struck a Lexus while chasing her ex-boyfriend. The Lexus then slammed into a Triumph sports car. The Triumph flipped over, trapping the driver inside. The sports car erupted into flames, killing the driver.
Originally, Sonoma County deputies arrested the woman on vehicular manslaughter and reckless driving charges. But prosecutors upped the ante this week, and filed second-degree murder charges against the woman, based upon the theory of implied malice. This blog has previously discussed implied malice in the context of so-called "Watson-murder" cases after an alleged fatal DUI car accident.
Marshawn Lynch, Jason Kidd each face DUI charges on separate coasts
CHP troopers say that Lynch was pulled over after allegedly having two near collisions with other cars along I-880 in Emeryville, California. Authorities claim that the star running back showed signs of intoxication during the traffic stop, which occurred around 3:20 Saturday morning. Authorities claim Lynch tested above the legal limit of 0.08 percent blood alcohol concentration, although authorities have not revealed the test results to the media.
The two-time Pro Bowler reportedly was cooperative during the DUI investigation. Authorities brought Lynch to Santa Rita Jail. He was later released, and he is scheduled to appear in court on the DUI charges August 14. Lynch had been in Oakland for a scholarship event involving his Fam 1st Family Foundation.
Lynch previously had his driver's license revoked in New York after he allegedly was involved in a pedestrian accident outside a bar at 3:30 a.m. in 2008.
Sunday, former San Francisco resident and Cal basketball star Jason Kidd was arrested on DUI charges after he allegedly crashed his car into a telephone pole in the Hamptons. Kidd had just signed a new contract with the Knicks just days before the alleged DUI wreck.
Elementary teacher pleads no contest to California DUI charges
Police reportedly stopped the woman on the north side of the Golden Gate Bridge. Authorities claim that she did poorly in field sobriety tests and was arrested on suspicion of drunk driving.
The accident was reported around 12:30 p.m. May 12, which was a Saturday. The school district reportedly noted that the weekend accident was not related to the elementary school teacher's job. However, exposure to jail time in the hit-and-run and DUI case could possibly have made things touchy at work for the teacher.
The woman appeared in court earlier this week and pled no contest to two counts of DUI. Prosecutors agreed to drop the hit-and-run charge as part of the plea deal. The agreement will allow the woman to avoid jail time.
The judge did impose a 30-day jail sentence for the DUI conviction. However, the elementary school teacher will be allowed to serve that time in an alternative work program, providing community service cleaning up areas of the city under a Sheriff's Department program. She will also have to undergo a drug and rehabilitation program as a part of the conditions of her probation.
Concerns rise over law enforcement access to cellphone information
Santa Cruz criminal defense lawyers know that privacy issues in the technological age are complex. The cellphone carriers say that many police requests for cellphone information arrive without any warrant. Prosecutors may file a subpoena for the records, but such subpoenas are not passed before the scrutiny of a judge, as is needed to obtain a warrant.
One U.S. Senator from the Midwest has asked the Justice Department how many times the agency has made a request for location information from a cellphone carrier. He also has asked the Justice Department what legal standard applies to making such a request.
Of great concern to many, including lawmakers, is the use of cellphones in location tracking. Apparently the Justice Department responded that it does not keep tabs on the number of requests, but the agency claims that generally in criminal matters it seeks a court order for cellphone requests.
Nearly all of the cellphone carriers told an East Coast Representative from the U.S. House that they generally only respond to requests for information if a warrant is attached. Other carriers say that they will respond to requests under an administrative subpoena from a prosecutor. One carrier says that it has forwarded two inappropriate requests to the Federal Bureau of Investigation for review.
Contact Our Firm
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
