Matthew J. Ruff Law Blog

Phoning It In, The Law of Telephone Search Warrants Explained by a Torrance Lawyer

Tuesday, May 17, 2011 by Matthew J. Ruff

Not all warrants to search need to be presented in paper.  California criminal statutes allow, as an alternative to written affidavits, Penal Code §1526(b)(1) permits sworn oral statements that are subsequently transcribed. For example, the affiant may phone the magistrate, state probable cause, and obtain the magistrate’s verbal authorization to sign the latter’s name to the warrant under Penal  Code §1528(b). According to one autoritative source, The resulting w... Read More
Posted at 00:57 AM  |  PERMALINK
Topic: Technology and Science

Criminal Defense Lawyer Explains What a Ramey Warrant is in California

Tuesday, May 17, 2011 by Matthew J. Ruff

In California, an arrest warrant is a court order directing officers to arrest a certain person if and when they locate him or her. Pen C §816. When a Judge gets enough information via an affidavit to convince him or her from the officer’s declaration that probable cause exists that the offense described has been committed and that the described defendant committed the offense, a judge may issue a warrant of probable cause for the defendant’s arrest.... Read More
Posted at 00:43 AM  |  PERMALINK
Topic: White Collar Crime

Mojave Criminal Lawyer Discusses the Law of Pretrial Court Review of Drug Diversion

Monday, May 16, 2011 by Matthew J. Ruff

If the prosecutor determines that the defendant is not eligible for deferred entry of judgment, the defendant’s sole remedy is a postconviction appeal. Pen C §1000(b); People v Wright (2002) 99 CA4th 201, 205–208, 121 CR2d 419 (trial court erred in granting deferral over prosecution’s objection); People v Sturiale (2000) 82 CA4th 1308, 1314, 98 CR2d 865. According to a local Mojave Criminal Attorney under the former drug diversion program, a defendant was not entitled to p... Read More
Posted at 22:46 PM  |  PERMALINK
Topic: Drug Crimes

Torrance Criminal Lawyer Explains Gang Crime Laws in California Court

Saturday, May 14, 2011 by Matthew J. Ruff

In the city of Torrance and throughout the county of Los Angeles, it is a felony or misdemeanor for any person to  actively participate in a criminal street gang. The offense carries a potential prison term in county jail for up to one year, or by imprisonment in state prison for 16 months, or two or three years. See the applicable code section PC §186.22(a). According to a Criminal Attorney in Torrance CA, Matthew J. Ruff, there are three elements that must be proved to find a violati... Read More
Posted at 19:42 PM  |  PERMALINK
Topic: Criminal Law

A Well Known Huntington Beach DUI Attorney Talks About Out Of State Convictions

Friday, May 13, 2011 by Matthew J. Ruff

California law permits a district attorney to charge someone with DUI with a prior if the case concerns a matter in which the accused has suffered a case in the past for driving while under the influence.  One Huntington Beach DUI Attorney points out that any finding of an out-of-state juvenile court judge, referee, or juvenile hearing officer of a commission of an offense which, if committed in this state, would have been a violation of Veh C §23152 if committed in California, constit... Read More
Posted at 20:58 PM  |  PERMALINK
Topic: DUI/DWI

Kern County Speeding Ticket Attorney on Failure to Appear

Saturday, May 7, 2011 by Matthew J. Ruff

Pursuant to California law an intentional violation of a promise to appear in court, or of a lawfully granted continuance of a promise to appear, is a misdemeanor, even if the original charge is an infraction, i.e., it is punishable by a fine of up to $1000 (plus the penalty assessment) and/or by up to six months in jail. The prosecutor or the court may reduce the charge of a failure to appear to an infraction.... Read More
Posted at 12:37 PM  |  PERMALINK
Topic: Traffic Violations

Long Beach Juvenile Attorney Explains 3 Strikes Law in California Court

Monday, May 2, 2011 by Matthew J. Ruff

Certain offense in California can render a juvenile offender a third strike candidate which can mean life imprisonment.  For example, according to one Long Beach Juvenile Attorney,  a juvenile adjudication can be a strike under the three-strikes law when there is the following factors as defined by CA criminal statutes:... Read More
Posted at 23:48 PM  |  PERMALINK
Topic: Juvenile Law

Los Angeles Criminal Attorney Explains The Law Of Guilty Pleas

Friday, April 29, 2011 by Matthew J. Ruff

In California and Los Angeles a criminal defendant’s guilty or no-contest plea is valid only if it is voluntarily and knowingly made. It is well settled that before accepting the plea or an admission of charged enhancements, the trial court must expressly advise the defendant and obtain his or her waiver of the constitutional rights to trial by jury, to confront and cross-examine witnesses, and against self-incrimination. The record must show explicit advisements and waivers of these const... Read More
Posted at 23:27 PM  |  PERMALINK
Topic: Criminal Law

A DUI Lawyer Explains When a DWI Can Be A Felony

Friday, April 29, 2011 by Matthew J. Ruff

As in many states, the District Attorney in California is vested with the discretion to charge a criminal DUI case  as a felony in certain, very limited circumstances of drinking and driving.  According to one Van Nuys DUI Attorney, The prosecutor has the discretion to charge a violation of Vehicle Code §23152 as a felony when the accused has... Read More
Posted at 22:30 PM  |  PERMALINK
Topic: DUI/DWI

An Attorney Explains The Law Of Child Support

Friday, April 29, 2011 by Matthew J. Ruff

A parent’s duty to pay child support in California normally terminates when the child reaches age 18. However, as to any unmarried 18-year-old child who is a full-time high school student and not self-supporting, the parent’s obligation to pay support continues until the time the child completes the 12th grade or reaches 19 years of age, whichever occurs first. Fam C §3901(a).... Read More
Posted at 21:51 PM  |  PERMALINK
Topic: Family Law
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