Can a Judge interact with jury deliberations?

Can a Judge interact with jury deliberations?

How much can a Judge interact with Jurors while they deliberate?  If the Jurors have questions or cannot reach a verdict, can the Judge answer questions?  If so, to what extent?  This August 15, 2016 Cal Supreme Court decision People v. Nelson gives some guidance (and why I used the picture of Conte intercepting a pass). The facts of Nelson: While this can happen in any San Diego DUI or criminal trial, Nelson  is a murder case where the Jurors...

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Does the military diversion program apply to DUIs?

Does the military diversion program apply to DUIs?

A law from 2014, California Penal Code 1001.80, provides that certain military personal may qualify for a diversion program.  So instead of taking a criminal conviction, the qualifying military person can complete a diversion program, and then have his/her criminal Court case completely dismissed without a conviction. As it relates to DUIs, in general to qualify, the Defendant must show: He/she is a current or former member of the US Military;...

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DUI science: it’s either right or wrong. Which is San Diego?

DUI science: it’s either right or wrong. Which is San Diego?

DUI science is very objective and very black and white.  If it’s not right, it’s wrong.  And if it’s not valid, it’s invalid.  And you simply cannot convict someone or take away their license with invalid science. We have seen a very honest trend with the California Court of Appeals, Fifth Appellate District with two cases.  The first is Najera v. Shiomoto*, from 2015, and the second is Freitas v. Shiomoto, from...

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Can the People refile felony DUI charges after dismissal?

Can the People refile felony DUI charges after dismissal?

Does Penal Code 1387 allow for the People to refile a dismissed charge as a lesser included felony after two dismissals? If your San Diego felony DUI case is dismissed…then that means it’s dismissed, never to return right?  Game over, you can relax?  Or will the criminal charges rise from their grave against you again*. The lawyer answer you’ll usually get is “well, it depends.”  It’s the same answer here,...

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Your rights if pulled over for DUI

Your rights if pulled over for DUI

Obviously, first and foremost, I promote safe driving.  Calling an Uber or a taxi is always the best way to go if you feel impaired in any way, or think you’d be even close to a level of impairment.  However, if you are pulled over, you have rights.  And you have a right to exercise those rights. Know your rights if police pull you over for DUI, as it can make or break your defense. Yes, you do have rights…even if pulled over for a...

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Yes, Brady includes witness credibility claims.

Yes, Brady includes witness credibility claims.

Yes, Brady includes witness credibility claims: Real quick: what is Brady material?  It’s basically evidence that could have helped Defendant, but the People failed to disclose.  Nooooooooooo, that doesn’t happen, right?  Our Justice System would NEVER allow for that to happen, right?  Well, here come’da Judges. This March 7, 2016 US Supreme Court case Wearry v. Cain, 136 S.Ct. 1002, shows Brady is alive and well.  Defendant...

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