Probable cause refers to a state of facts that would lead a person of ordinary caution and prudence to believe and conscientiously entertain an honest and strong suspicion that the person arrested is guilty of a crime.

Probable cause is also required for a search to take place. Beware--a lack of probable cause does not become an issue if an Officer asks for your permission to search, and you say yes. It is essential that you understand you have the right to say no! Unlike with Miranda warnings, law enforcement does not have to inform you that you have the right to say no to a search. Giving police officers permission to search your person, home, or vehicle will not translate into their "taking it easy on you" if they do indeed find something. If probable cause for a search does not exist, and one is conducted, a criminal defense attorney may bring a successful motion to the judge to suppress any evidence found. By giving your permission to search, you lose this opportunity!

Rachel Lee has been charged with felony burglary and receiving stolen property.

She  was charged on Wednesday, January, 13, 2010. She joins five other young men and women charged with burglaries at the homes of celebrities including Orlando Bloom, Rachel Bilson, Ashley Tisdale, Megan Fox and Audrina Patridge.

Ms. Lee turned herself in and was released after posting a $150,000 bail,  according to jail records.

She is charged with the burglaries of the homes of  Hilton, Lohan and Patridge.   Lee and Nicholas Prugo, who faces seven counts of first-degree burglary, have been accused by authorities of planning the crimes. 

That same afternoon, our Los Angeles Criminal Defense Attorney traveled to the Ventura County Superior Court to resolve a case where the defendant was charged with 7 counts of fraud (false checks).  Mr. Diamond was able to speak to the victim who did not wish any criminal prosecution.  As the case moves forward, Mr. Diamond will try to get a dismissal of all criminal charges. 

McNair, 36, and Kazemi, 20, were found in a condominium in downtown Nashville, Tennessee, Saturday afternoon after receiving a phone call.  McNair was shot twice in the head and twice in the chest, while Kazemi was shot once in the head.  This appears to be a possible murder-suicide but thet police has yet to make such a finding.  Los Angeles based criminal defense attorney David D. Diamond who has handled multiple felony matters states that, "the evidence will be sorted out to determine if their relationship  had anything to do with their untimely demise." 

Our website http://www.expungecriminalrecord.com/ explains what an expungement is and how to obtain one. 

An expungement is a process by which a conviction or plea of either Guilty or No Contest in a criminal case is set aside and the case is dismissed. It relieves the defendant of certain penalties and disabilities that result from a criminal action. You may file an expungement petition after you have fulfilled all terms of probation, or have been discharged from the original term of probation, or have not been placed on probation and all your sentence terms have been completed.

Tom Ammiano, a San Francisco Democrat recently elected to the state legislature, announced that he was introducing a bill that would "tax and regulate marijuana in a manner similar to alcohol" in the state of California. According to Mr. Ammiano, Assembly Bill 390, which would impose a tax of $50 per ounce on marijuana sales, "would generate $1 billion in new revenue" for the state if it is enacted.  Other factors to consider are that the elimination of a profit margin for the sale of marijuana could help the troubled Mexican government deal with its out of control drug war. 

David D. Diamond is a Los Angeles based medical marijuana attorney.   

http://www.blogtalkradio.com/justiceinterrupted/2009/02/25/Justice-Interrupted.mp3?localembed=download

http://www.blogtalkradio.com/justiceinterrupted/2008/09/24/Justice-Interrupted-Crime-Radio-Network.mp3 

To listen:

http://www.blogtalkradio.com/justiceinterrupted

The individuals took began their protest at a grove of trees on the site where the university plans to build a new sports training facility.

Recently, the tree-sitters agreed to come down from their perch only on the condition that the University of California create a land use committee to look into the school's future land decisions.  A UC spokesman denied the deal, and no such plans exist.

Early Tuesday afternoon, the protesters climbed down and heard cheers from the nearby supporters.  They were arrested immediately.

If you are facing criminal prosecution, please call David D. Diamond at 213 250 9100 or visit www.LADefender.com  

On Tuesday, three panelists were dismissed while the day before, 16 were excused for various reasons.

Reports state that the initial jury pool of 500 had at least 50 blacks, and that defense lawyers had not shown a "systematic exclusion of a group."

Simpson, 61, and co-defendant Stewart, 54, have each plead not guilty to all 12 charges, including felony kidnapping, armed robbery, conspiracy, burglary, coercion and assault with a deadly weapon.

The men face prison time if convicted of armed robbery. A kidnapping conviction carries the possibility of life in prison with the possibility of parole.

 Blogger David D. Diamond is a Los Angeles based criminal defense attorney and an adjunct professor of law. 

www.LADefender.com   213 250 9100

If you are arrested for a DUI, you must call the DMV within 10 days of that arrest to request an administrative hearing.  

At the DUI hearing with the Department of Motor Vehicles,  it must prove ALL of the following 3 elements to suspend your license. 

Factors at the Hearing that must be proven by the DMV

• Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Section 23152 or 23153 of the Vehicle Code?
• Were you lawfully arrested?
• Were you driving a motor vehicle when you had 0.08% or more, by weight, of alcohol in your blood?

Factors at the Hearing that must be proven by the DMV when there is allegations of a Refusal To Submit To Or Failure To Complete A Chemical Test

• Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Section 23152 or 23153 of the Vehicle Code?
• Were you lawfully arrested?
• Were you told that your driving privilege would be suspended for one year, or revoked for two or three years if you refused to submit to, or failed to complete, a chemical test?
• Did you refuse to submit to, or fail to complete, a chemical test after being requested to do so by a peace officer?

We offer clients the opportunity to clean up their criminal past.  The great benefit of this relief is that it removes the blemish of a criminal record. We do want to note that there are exceptions to the expungement procedure. 

If you have completed probation and fulfilled its conditions, the Judge must grant you relief.   There is no discretion. 

WHAT DO I TELL MY EMPLOYER?

Private employers may not even require an answer to the question of whether you were ever convicted and had an expungement. Pursuant to the Labor Code, no employer, whether a public agency or private individual or corporation, shall ask an applicant for employment to disclose, through any written form or verbally, information concerning an arrest or detention that did not result in conviction.

However, an expungement does not erase the actual court records. 

WHAT IF I AM A WITNESS IN A TRIAL?

If you are a witness in a civil or criminal case, you cannot be impeached as a witness with a felony conviction dismissed under section 1203.4.  This immunity does not apply to a defendant witness.

ARE THERE ANY EXCEPTIONS?

There is a rule pertaining to weapons.  In the areas of weapon possession, you still cannot permit a person to own, possess, or have in his or her custody or control any firearm.

Some sex and vehicle code offenses are excluded.  There is no expungement for any misdemeanor that is within the provisions of subdivision (b) of Section 42001 of the Vehicle Code [involving pedestrians who receive infraction offenses], to any violation of subdivision (c) of Section 286, Section 288, subdivision (c) of Section 288a, Section 288.5, or subdivision (j) of Section 289, any felony conviction pursuant to subdivision (d) of Section 261.5, or to any infraction.

 CAN I GET MY LICENSE BACK?

An expungement does not have any bearing on any revocation or suspension of the privilege of the person convicted to drive a motor vehicle.

WHAT ABOUT PUBLIC ENTITIES?

Public Office, State, Local Agencies...  You still must disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery.

WHAT ABOUT FEDERAL COURTS?

Federal Courts May Not Abide by the Relief.  While it appears that the federal government will honor the decision of the state court to relieve its citizen of the felony convictions under most circumstances, any of the limitations which apply within the state will apply in the federal action as well. But, there is no guarantee.