Penal Code Section 146

False Arrest Under Color of Authority – Penal Code Section 146 It is a misdemeanor for any person to commit an unauthorized act under color of authority.  It is illegal do to the following: Arrest a person or detain the person against his or her will. Seize or levy property. Dispossess / evict a person…

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Penal Code Section 145 – Officer Delaying the Taking of an Arrestee Before a Magistrate California law requires peace officers to take arrested individuals before a magistrate in a timely manner. Pursuant to Penal Code Section 145, an officer is guilty of a misdemeanor if he willfully delays taking a person before a magistrate. Penal Code…

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Peace Officer Refusing to Arrest or Receive Person Charged with Criminal Offense – Penal Code Section 142 It is a crime for a California peace officer to refuse to arrest, or refuse to receive a person for arrest where a duty to arrest exists.(1) The crime is punishable in the following manner: A misdemeanor carrying up…

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Effective DUI Defense – Ventura County I secured the dismissal of another Driving Under the Influence (DUI) case in the Ventura County Superior Court today. My client was accused of driving under the influence of alcohol and drugs. He was understandably overjoyed by the outcome. I have developed an effective and aggressive system for handling DUI cases. As…

Be On Time For Your Preliminary Hearing in Ventura County! Preliminary Hearings are now scheduled every morning in Division 13 of the Ventura County Superior Court. Judge Ryan Wright presides over the preliminary hearing calendar. Judge Wright has warned defense lawyers, defendants and prosecutors that all parties must show up at the beginning of the preliminary hearing…

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Evidence Tampering by Peace Officers – Penal Code Section 141 Penal Code Sections 141(a) and 141(b) punish evidence tampering by peace officers. General Elements of an Evidence Tampering Case: (1) The defendant peace officer willfully and intentionally (moved or planted or placed or made or hid or moved) a physical item of evidence / digital image…

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Life-Altering Robbery Charge Dismissed Recently, my client was charged with Home Invasion Robbery (First Degree Robbery), a violation of Penal Code Section 211. The client had no meaningful criminal record.  When I met the young man in jail, he faced a life-altering violent felony offense. I quickly shifted into gear by involving the client in…

Former Ventura County Supervising Prosecutor

DMV Hearing Victories We have recorded multiple DMV hearing victories for clients in recent weeks.   Upon receiving the latest ruling today, one of our clients was spared a one-year hard suspension of his license.  An adverse ruling would have been personally and professionally devastating to him. Investigation: I conduct a thorough investigation before defending…

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Another DUI Hearing Victory, by Bill Haney – Ventura County Criminal Defense Attorney Last week, I successfully defended another license at a DMV hearing.  In this matter, we obtained calibration records for the breath testing device and convinced the hearing officer that the client’s blood alcohol level was likely below .08 at the time of…

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Drug Treatment – Not Jail, by Bill Haney, Ventura County Criminal Defense Attorney Today, I had the privilege of representing a woman charged with child endangerment in the Ventura County Superior Court. The District Attorney demanded a 270-day jail sentence as punishment. We submitted letters, a detailed sentencing brief and life history information to the…