When might criminal charges lead to deportation?
Philip A. Schnayerson, Criminal Defense Attorney Blog
by gturnercontentcustoms
1w ago
Non-citizens residing in the United States are expected to follow the laws of this country. If they fail to do so and are arrested, they may face deportation if they’re convicted of certain crimes. It’s always best to obey the law, but there are times when a person can face criminal charges without the possibility of being deported. Understanding some basic points about the intersection between criminal charges and the possibility of deportation is beneficial for all non-citizens. Types of crimes that can lead to deportation Under U.S. immigration law, particularly the Immigration and National ..read more
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3 common ways people break the law with prescribed medication
Philip A. Schnayerson, Criminal Defense Attorney Blog
by gturnercontentcustoms
1M ago
People often assume that the California criminal justice system employs a lenient approach to issues related to substance abuse. As a leader in drug law reform, California has developed a reputation for being more tolerant of infractions involving controlled substances. Despite that reputation, police officers arrest thousands of people every year for drug infractions. The courts do not necessarily employ the lenient, forgiving approach that people expect. Instead, a judge can hand down an assortment of penalties depending on the nature of the drug offense. Jail time and fines, as well as prob ..read more
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What are the tasks in a standardized field sobriety test?
Philip A. Schnayerson, Criminal Defense Attorney Blog
by gturnercontentcustoms
2M ago
A standardized field sobriety test (SFST) involves a series of assessments used by law enforcement officers to determine if a driver is impaired by alcohol or drugs. These tasks are designed to provide objective evidence for officers to establish probable cause for arrest and are standardized to ensure consistency and reliability in their administration and interpretation. The National Highway Traffic Safety Administration (NHTSA) backs three standardized field sobriety tests. These tests have been scientifically validated and are widely used by police departments across the United States. Hor ..read more
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When can California police officers physically search someone?
Philip A. Schnayerson, Criminal Defense Attorney Blog
by gturnercontentcustoms
3M ago
Those preparing to defend against criminal charges in California often need to consider many different strategies. Proving that someone has an alibi at the time of a specific criminal incident is one potential strategy. Raising questions about the possibility that someone else might be at fault for the matter could also help. In some cases, a criminal defense attorney in California can prevent the prosecutor from presenting certain evidence during a criminal trial. The exclusion of some evidence could make a major difference in someone’s case and might even lead to the dismissal of their crimi ..read more
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Common flaws that occur in eyewitness testimony
Philip A. Schnayerson, Criminal Defense Attorney Blog
by jerricraventextbroker
5M ago
Being accused of a crime you didn’t commit in California can be the worst experience of your life. Even if you know you’re innocent, things can happen that skew the case. One of those issues is eyewitness testimony, and these are some of the common ways it can be flawed. Factors affecting reliability Certain factors can affect the reliability of eyewitness testimony, which can impact the criminal defense strategy in your case. Usually, people who witness a crime are under extreme stress and anxiety, which can affect their ability to accurately recall what happened later. Most people don’t have ..read more
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When a pilot gets a DUI
Philip A. Schnayerson, Criminal Defense Attorney Blog
by jerricraventextbroker
6M ago
A pilot who gets a DUI may lose multiple licenses if convicted of the charge. Depending on the circumstances, simply being taken into custody for impaired driving in California could have a serious impact on a defendant’s personal and professional lives. Of course, you will have the right to a trial or to take other actions in an effort to obtain a favorable outcome. The impact on your flying career If you are charged or convicted of DUI, you could be subject to discipline from the authorities responsible for issuing your flying credentials. In the event that you have been convicted of this ch ..read more
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Supreme Court to hear Fourth Amendment case
Philip A. Schnayerson, Criminal Defense Attorney Blog
by jerricraventextbroker
7M ago
The Constitution protects California residents against unreasonable searches and seizures. A case before the Supreme Court will determine whether a police dog’s paws touching a defendant’s car violated that man’s Fourth Amendment rights. In that case, the dog helped police find controlled substances during a traffic stop that led to a conviction on felony drug charges. The case Police stopped a vehicle after witnessing it swerve across multiple lanes of traffic. During the traffic stop, a search was conducted with the help of a police dog that alerted to the scent of what turned out to be meth ..read more
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When that prescription doesn’t belong to you
Philip A. Schnayerson, Criminal Defense Attorney Blog
by jerricraventextbroker
8M ago
California law makes it illegal to possess prescription drugs that do not belong to you. For example, if you take pills out of your parents’ medicine cabinet, you could be charged with a crime if they are found in your car. A possession charge may be forthcoming even if you are not under the influence of the controlled substance or under the influence of any other controlled substances. Controlled substances have a potential for abuse The main reason why you can’t possess certain substances without a prescription is their potential to be abused. This is because they often contain codeine, morp ..read more
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Concerns regarding some forensic evidence
Philip A. Schnayerson, Criminal Defense Attorney Blog
by jerricraventextbroker
9M ago
Forensic evidence is vital to California criminal investigations, often serving as a cornerstone for identifying perpetrators and securing convictions. However, recent developments have shed light on significant issues surrounding certain types of forensic evidence. Despite its reputation for scientific rigor and objectivity, there are instances where this evidence has been found to be unreliable, leading to wrongful convictions and a potential miscarriage of justice. Subjectivity and bias One of the primary concerns with some forensic evidence lies in its susceptibility to subjectivity and bi ..read more
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Is there a penalty for rejecting a plea deal?
Philip A. Schnayerson, Criminal Defense Attorney Blog
by jerricraventextbroker
1y ago
If you are charged with a crime by California authorities, it’s possible that you will receive a plea deal. Plea deals are typically offered as a method of resolving cases quickly so that court dockets don’t become severely backlogged. Although you are not required to accept a plea deal, data suggests that you may be at risk of a harsher sentence if convicted at trial. The trial penalty Typically, when a prosecutor offers a plea deal, the agreement sees one or more of the most serious charges dropped in exchange for a guilty plea. Alternatively, the prosecutor may recommend a lighter sentence ..read more
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