What is an Arbuckle Waiver?
Eisner Gorin LLP Blog
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1w ago
If you have been charged with a crime in California and have entered a plea agreement, California law says you have the legal right to be sentenced by the same judge who accepted your plea bargain. This legal concept has come to be known as "Arbuckle rights," originating from the 1978 case ..read more
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What Are Exigent Circumstances?
Eisner Gorin LLP Blog
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1w ago
The Constitution's Fourth Amendment protects individuals against "unreasonable searches and seizures" by requiring law enforcement and investigators to obtain a valid warrant first—and then they must show probable cause to obtain the warrant. However, over time, case law has provided many ..read more
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Implied Consent Law in California DUI Cases
Eisner Gorin LLP Blog
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2w ago
In the state of California, when you drive a vehicle, you are doing so under the understanding that if an officer arrests you on suspicion of DUI, you are giving your consent to submit to blood or breath tests to verify your blood alcohol content (BAC). This principle is known as "implied consent ..read more
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What Is the Difference Between Extortion and Blackmail?
Eisner Gorin LLP Blog
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2w ago
The terms “extortion” and “blackmail” are often used interchangeably. In California, they are treated as the same offense defined by Penal Code 518 PC and punished similarly. However, there are some nuanced differences between these two types of acts, even though the penalties for extortion and ..read more
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Defending Against Perjury Charges
Eisner Gorin LLP Blog
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2w ago
In the State of California, making statements under oath is taken very seriously—typically because, in many cases, the integrity of justice being served depends on the truthfulness of the statement.  Therefore, perjury is a serious felony in California as defined by Penal Code 118 PC. If you intentionally ..read more
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Can a Plea Deal be Nullified?
Eisner Gorin LLP Blog
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3w ago
Suppose you're facing criminal charges in California, and the evidence against you is reasonably compelling. In that case, your attorney may attempt to negotiate a plea deal—or, in some cases, the prosecution may offer such a deal. In a plea agreement, you agree to plead guilty to certain charges ..read more
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California Consumer Protection Laws
Eisner Gorin LLP Blog
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3w ago
California has long been at the forefront of consumer protection, enacting strict laws to safeguard its residents from unfair, deceptive, and fraudulent business practices. California's Consumers Legal Remedies Act is a set of laws that protects consumers from false advertising, fraud, and other ..read more
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What Is Qualified Immunity?
Eisner Gorin LLP Blog
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3w ago
If someone violates your rights under the law or otherwise causes loss, you can sue them in court. However, when the perpetrator is a police officer or other law enforcement official acting in their duties, the government protects them from lawsuits unless a constitutional right has been clearly violated ..read more
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When Can I Use a Firearm in Self-Defense?
Eisner Gorin LLP Blog
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3w ago
In California, you have the right to defend yourself against an attacker without retreating, and your right to self-defense will be protected, provided that the amount of force you use is proportionate to the perceived threat (not necessarily the actual threat).  This includes using a firearm in self-defense ..read more
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Proving Intent to Distribute Controlled Substances
Eisner Gorin LLP Blog
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1M ago
In California, the criminal charge of “possession with intent to distribute” a controlled substance is a more serious offense than simple possession. Specifically, it's a felony as opposed to a misdemeanor. This crime is often called “drug possession with intent to sell” and is codified under California ..read more
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