A motion to suppress is a legal request to exclude evidence obtained through illegal or unconstitutional means, such as an unreasonable search or seizure. If granted, this motion prevents the prosecution from using the illegally obtained evidence in court, which can significantly weaken the state’s case against you. It’s an essential tool for protecting your... read more The post Motion to Suppress Evidence California – Penal Code 1538.5 [with infographic] appeared first on The Rodriguez Law Group ..read more

If your Constitutional rights have been violated by a government official, you may have grounds to file a Section 1983 lawsuit. This law allows you to seek damages for rights violations by someone acting under state authority. To win, you must prove the violation, state authority, and resulting injury. Has the government violates your Constitutional... read more The post Section 1983 Lawsuits – California appeared first on The Rodriguez Law Group ..read more

When selecting a criminal defense lawyer, it’s essential to consider 6 key criteria: Location: Ensure the lawyer is familiar with the local court system. Experience: Look for an attorney with a proven track record in handling cases like yours. Specialty: Choose a lawyer who specializes in criminal defense. Reputation: Research the lawyer’s reputation through reviews... read more The post Six Things to Consider When Hiring a Criminal Defense Attorney appeared first on The Rodriguez Law Group ..read more

A stop and frisk is a brief, external search by law enforcement to check for weapons or dangerous items. Officers pat down the outer clothing but cannot search pockets or concealed areas without proper justification. If a weapon is felt, they may then search further. Stop and frisk is a widely debated policing practice that... read more The post Stop and Frisk appeared first on The Rodriguez Law Group ..read more

Strict liability crimes are offenses that do not require proof of intent or a guilty mind for conviction. Examples include DUI, parking in a handicapped spot, and statutory rape. Defenses like mistaken identity or proving the crime didn’t occur can be effective. California law includes a category of charges known as strict liability crimes. These... read more The post Strict Liability Crimes appeared first on The Rodriguez Law Group ..read more

Pre-filing diversion in California lets eligible first-time, nonviolent offenders avoid conviction by completing court-ordered requirements before charges are filed. If successful, charges are dismissed, keeping their record clean. Failure to comply can reinstate the original charges. If you are charged with a crime, your two biggest concerns are typically to avoid a conviction and avoid... read more The post Understanding Pre-Filing Diversion in California appeared first on The Rodriguez Law Group ..read more

Aggravating factors are things that increase the seriousness of a crime and merit enhanced penalties upon conviction. Punishments and penalties for a criminal offense are not only based on the crime itself. Other factors about the act or the defendant are also taken into consideration. What if the defendant is a career criminal? What if... read more The post What are Aggravating Factors? appeared first on The Rodriguez Law Group ..read more

Collateral consequences are civil penalties that accompany criminal convictions, such as loss of employment, immigration issues, and voting rights, which can occur immediately or long after sentencing. Many times, these additional consequences are civil penalties outlined by state law and imposed in addition to the normal penalties of a criminal conviction (jail, probation, fines). Some... read more The post What Are Collateral Consequences? appeared first on The Rodriguez Law Group ..read more

Unsupervised probation allows offenders to serve their sentence without regular check-ins with a probation officer. It’s typically given to low-risk or first-time offenders, but the individual must still follow court-ordered conditions. Violations can lead to jail time. When you are convicted of a crime in California, you could receive one or more penalties. Criminal penalties... read more The post What Does Unsupervised Probation Mean? appeared first on The Rodriguez Law Group ..read more

The California legislature moved from indeterminate sentencing to mandatory minimums in 1977, setting punishments based on the crime’s severity. Despite these mandatory guidelines, judges retain some flexibility in sentencing. Penalties for such crimes can include jail time and fines, making a robust defense essential. The legislature set punishments based on the crime. According to the... read more The post Mandatory Sentencing Requirements appeared first on The Rodriguez Law Group ..read more