Osiris Abenoja is bringing a claim against the DA’s office and Garden Grove Police for keeping him in jail for over three months while they figured out they had the wrong guy. Abenoja was accused of robbing four banks in Anaheim, Garden Grove and Fullerton as the “Armed Clown Bandit”.…
Articles Posted in Constitutional Rights
City of Los Angeles to pay out $30 million for LAPD civil rights violations
On Wednesday, Los Angeles City Council agreed to pay nearly $13 million to people injured or mistreated in a 2007 May Day melee in MacArthur Park–bringing the total money spent over the last two weeks to settle lawsuits alleging LAPD misconduct to more than $30 million. However, the L.A. Daily…
I have a notice for an arraignment in Orange County Criminal Court- What does that mean?
If you have been arrested for a criminal charge in Orange County, your first appearance in court is called an “arraignment.” At an arraignment, a judge or magistrate informs a defendant what charges are being brought against him and what constitutional rights a defendant has- such as a right to…
How to get out of jail if arrested in Orange County
If you or a friend or family member has been arrested in Orange County, the following are a few things you need to know to get out of jail: (1) Posting bail. The usual way to get released from jail is to “post bail.” Bail is cash or a cash…
Burress Arrest and Terrorist attack revives gun control debate
The media has spent much of the past ten days covering the arrest of New York Giants receiver Plaxico Burress on gun charges and the tragedy in India where 125 people lost their lives at the hands of terrorists. (A recent L.A. Times article can be found here) Both bring…
CAN I BE ARRESTED WITHOUT A WARRANT?
For most misdemeanor offenses in California, a police officer can only make an arrest of a suspect without a warrant if the offense was committed in the officer’s presence. If a felony is suspected, officers can arrest people based upon witness statements, or where a warrant for the person’s arrest…
L.A. County prosecutors admit Torrance police falsified drug dealer’s arrest report
An alleged drug dealer’s five-year prison sentence was overturned last week and charges dismissed after Los Angeles County prosecutors conceded that police included false information in an arrest report to protect the identity of a confidential informant. The Los Angeles Daily News reports the District Attorney’s office told a judge…
California’s Proposition 5, the Nonviolent Offender Rehabilitation Act defeated
The Los Angeles Times reports that California’s Proposition 5—aka the Nonviolent Offender Rehabilitation Act (NORA)–was defeated by a margin of roughly 60 percent to 40 percent. As I discussed in an earlier post, the measure, which drew the attention of drug policy advocates nationwide, was regarded by some as “the…
Will Orange County Juries have to be involved in deciding whether defendants get consecutive sentances?
That’s the question the U.S. Supreme Court was considering when they heard oral arguments in Oregon v. Ice— a case adressing whether under Apprendi v. New Jersey (2000), a sentencing judge violates the Sixth Amendment by imposing consecutive sentences based on a fact not found by the jury or admitted…
U.S. Supreme Court Petitions to watch
There are some interesting Petitions for Certiorari the U.S. Supreme Court is considering this fall. At their September 29th conference, the Justices will determine which petitions involve issues that are compelling enough to move to the briefing stage—commonly referred to as the Court granting “cert.” Each year, the 7,000 petitions…