Posts by Caroff Writer

Facing criminal charges can feel overwhelming, especially when you’re unsure what will happen before trial. The good news is many cases don’t simply move straight from arrest to trial without opportunities for review, challenge, and negotiation. A charge reduction may be possible during the pretrial stage when the facts, evidence, legal issues, or personal circumstances…

In criminal defense, few tools are as powerful as a motion to suppress. This legal motion is built on the exclusion principle, or exclusionary rule, which prohibits illegally obtained evidence from being used at trial. Attorneys typically file a motion to suppress when an illegal search or seizure violates a client’s Fourth Amendment rights. This…

Police reports are official legal documents, but they are not infallible evidentiary records. In reality, these reports are written by law enforcement: under pressure at work, based on limited information, and with preconceived narratives in some instances.  The reality is police report errors can and do occur. Officers must quickly interpret events, and those interpretations…

In California domestic violence cases, many people assume a case will automatically disappear if the alleged victim refuses to cooperate or does not show in court. Unfortunately, that is rarely how the legal system works. Even when there is an uncooperative victim, the case can still move forward because the decision ultimately rests with the…

In the U.S. criminal justice system, the burden of proof rests squarely on the prosecution.  To move a case forward and ultimately obtain a conviction, the government must present credible, admissible evidence that proves every element of the alleged offense beyond a reasonable doubt. When this standard isn’t met due to insufficient evidence, the prosecution’s…

In California criminal law, a wobbler offense is a crime that can be charged as either a misdemeanor or a felony. As the name suggests, it refers to crimes that “wobble” between the two levels of severity. In most cases, the decision rests on charging discretion, meaning prosecutors evaluate circumstances such as prior criminal history,…

A popular belief among many is that police must always read Miranda rights during an arrest. It’s not difficult to understand how this misconception became widespread when American TV shows like “Law & Order” have depicted the process this way repeatedly. However, that’s simply for entertainment purposes. In reality, the law is much more specific…

YES, CHARGES CAN BE FILED WITHOUT ARREST Many people assume that an arrest must occur before criminal charges can be brought, but in California that is not always true. In fact, prosecutors can initiate formal charges after a thorough investigation and review of the evidence, even when no arrest has taken place. The process begins…

Being arrested for a serious crime, or felony arrest, can be one of the most frightening experiences a person and their loved ones may ever face. The moment law enforcement places you under arrest, a chain of legal and administrative processes immediately begins. From interaction with the Orange County courts to understanding your charges, the…

For individuals with an arrest or criminal conviction, your past doesn’t have to define your future. At the Law Offices of David A. Stein in Orange County, we believe in second chances and using the law to help clients clear or limit the impact of a criminal record. Whether you’re seeking expungement, sealing arrest records,…