Penal Code Section 148.9 – Providing False Identification to a Peace Officer Elements of the Offense – Penal Code Section 148.9(a)1 The prosecutor must prove the following elements beyond a reasonable doubt: The Defendant falsely identified or represented himself as another person or a fictitious person to a peace officer; AND The Defendant was lawfully detained…
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…
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…
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…
Offering False Evidence at Trial – Penal Code Section 132 Penal Code Section 132 strongly punishes any attorney or other person who intentionally causes false or altered evidence to be introduced at trial. The statute is designed to protect the integrity of legal proceedings. Elements of the Offense: The prosecution must prove the following evidence…
Preparing False Statement or Report Under Oath – Penal Code Section 129 Penal Code Section 129 is part of the overall legislative scheme to prevent perjury and protect the integrity of the legal system. Any person who violates Penal Code Section 129 is guilty of the crime of perjury as defined in Sections 118 and…
Participate in Your Own Defense! – by Bill Haney, Ventura County Criminal Defense Attorney A criminal defendant has the best chance of winning in court by actively helping his lawyer prepare. Your attorney must have the benefit of your insight. You know the personality and habits of witnesses. You have knowledge of favorable evidence…
Body Worn Cameras Issued to Ventura County Law Enforcement Agencies, by Bill Haney, Ventura County Criminal Defense Attorney The Ventura County District Attorney’s Office recently put area criminal defense attorneys on notice that the county’s four major police agencies have equipped some or all of their officers with body worn cameras (BWC’s). The cameras…
Police investigators now use mobile phone analysis as a primary investigative tool. In addition to identifying incriminating text messages and the geographic movement of the phone, investigators scour electronic devices for incriminating images. Once a photograph of interest is located, metadata may indicate the image’s date of origin, and the location where it was taken. Internet…
I successfully defend those charged with violations of California’s complicated gun laws. Please don’t hesitate to give me a call if you find yourself charged with the following gun-related offenses in Ventura County: The unlawful possession of a concealed or loaded firearm; The unlawful possession of an unregistered firearm; The unlawful possession of an “assault…