scales-of-justice

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…

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…

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…

Former Ventura County Supervising Prosecutor

DMV Hearing Victories (Advertising Materials) I 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…

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…

Threatening Cooperative Government Witnesses – Penal Code Section 140 Penal Code Section 140 punishes those who retaliate against witnesses and crime victims after they have cooperated with government. Elements of the Offense: 1. The defendant willfully did any one of the following to a witness or crime victim: a. Used force or violence; b. Threatened to…

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Bribing a Law Enforcement Witness – Penal Code Section 137(a) California law offers harsh punishment to any person who attempts to undermine the integrity of the criminal justice system by bribing or offering a bribe a person who is about to give information to law enforcement. Elements of the Offense: The prosecution must prove the…

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Destroying or Concealing Evidence – Penal Code Section 135 Penal Code Section 135 provides misdemeanor-level punishment for anyone who willfully destroys evidence to prevent its use in a legal proceeding or investigation. Elements of the Offense: The prosecution must prove the following elements beyond a reasonable doubt: 1. A person willfully1 destroyed, erased or concealed…

False Report by a Peace Officer – Penal Code Section 118.1 Peace officers who knowingly file false reports may be punished with either a misdemeanor or felony criminal charge pursuant to Penal Code Section 118.1. Penal Code Section 118.1 establishes a form of perjury specific to police officers.1 Elements of the Offense: A peace officer…