Orange County Criminal Defense Blog

Author: David A. Stein Criminal Law Attorney

Enhancements Can Double or Triple Exposure

When someone is charged with a crime, the main charge is only part of the picture. In many California criminal cases, prosecutors also file sentencing enhancements. These are additional allegations that, if proven, can add years to the sentence for the underlying offense. That means a case which appears simple at first can become far…
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There is No Such Thing as Off the Record

In criminal cases, there is no meaningful “off the record” conversation with police. Whether you’re sitting in an interview room, speaking on the phone, answering questions on your front porch, or casually chatting after an incident, what you say can become evidence. Many people believe they can explain their side, clear up confusion, or prove…
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How Judges Decide Release or Custody

After an arrest, one of the most urgent questions is whether the person accused will be released or kept in custody while a case is pending. In many cases, that decision happens at a bail hearing, where a judge reviews the facts and decides what level of release, bail, or supervision is appropriate. A bail…
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Can Charges Be Reduced Before Trial?

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…
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Suppressing illegal evidence can end cases

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…
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WHY POLICE REPORTS ARE NOT THE FINAL TRUTH

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…
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