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SUMMIT CRIMINAL DEFENSE BLOG

Dying Declaration Exception Used in Suisun City Stabbing Case (CA Evidence Code §1240 – §1242)

Rabin Nabizadeh
June 25, 2013

The victim in a stabbing on Worley Road in Suisun City managed to give local law enforcement officials the name of her attacker before expiring.  After an argument on the 1300 block of Worley Road, the unnamed target was stabbed repeatedly.  Police have yet to release the name of the suspect, but are on his […]

Assault in San Francisco Excelsior Neighborhood (CA Penal Code §240)

Rabin Nabizadeh
June 24, 2013

It could have happened to anyone.  The weekend arrives and you decide to go out for a quiet beer with some friends.  What you don’t expect is to be accosted for refusing to give someone a sip of that hard-earned beverage.  Yet, this is exactly what happened in San Francisco Excelsior neighborhood this past weekend.  […]

Released Santa Rosa Parolee Arrested within 24 hours (CA Penal Code §1203)

Rabin Nabizadeh
June 20, 2013

Being released from prison is certainly something to celebrate – but not if it means going right back to jail.  This didn’t stop 32-year-old Angela Angerman, who upon being released, immediately set out to violate the terms of her felony (or ‘formal’) probation by getting drunk and driving a 1998 Ford Mustang into a parked […]

Criminal Charges vs Mental Health: Naked Acrobat Display at San Francisco Bart Station

Rabin Nabizadeh
June 19, 2013

When 24-year-old Yeiner Garizabaldo (known as Yeiner Perez to his friends) is the name of the naked acrobat who has been charged on at least two felony counts of false imprisonment (CA Penal Code §236), a misdemeanor count of sexual battery (CA Penal Code §243.4) , and four misdemeanor counts of battery on public transportation […]

Fremont Teacher’s Recipe Web Search Ends in Molestation Charges (CA Penal Code §288)

63-year-old Michael Shoop’s living nightmare began 10 years ago, when he was arrested on child pornography charges and then sentenced to one year and one day in federal prison.  His defense?  The images showed up on his computer after he did a search on the Internet for recipes to make an asparagus dish.  What does […]

Hoang Brothers of Fremont Accused of Web Priacy (CA Penal Code §653)

Rabin Nabizadeh
June 17, 2013

Many of us have laughed at FBI warnings for years.  We settle in to watch a favorite Blu-ray or legally downloaded movie and it appears: the message about movie piracy: “You wouldn’t steal a handbag…You wouldn’t steal a car…Illegally downloading movies is stealing.” Some newer discs even include fast-paced public service announcements with what is […]

DUI with Fatalities Leads to Conviction of UC Berkeley Grad Student (CA Penal Code §191.5)

Rabin Nabizadeh
June 13, 2013

25-year-old UC Berkeley graduate student, Jose Lumbreras, was speeding through a residential area near Allston Way and California Street when he crashed into a tree last year, killing his two passengers: Milanca Lopez (22) and her son (6-year-old Xavier Chavez).  At the scene, Lumbreras’s blood alcohol content was 0.219 and he had been driving at […]

Accused’s Right to Privacy Questioned in San Francisco Robbery (CA Penal Code §211)

Rabin Nabizadeh
June 12, 2013

When it comes to police searches, there are very specific rules across the country and in the state of California (4th Amendment, U.S. Constitution).  The law attempts to create a balance between the rights of citizens and the rights of law enforcement agencies.  Yet, in the current age of technological advancements, including cellular phones, some […]

San Francisco Results of 10 Years Data Report of Racial Profiling in Marijuana Arrests

Rabin Nabizadeh
June 11, 2013

Just last week, the American Civil Liberties Union released the analyzed data from their study on racial profiling in marijuana busts in San Francisco.  The results may astound some of you; to others, the reveal wasn’t surprising at all.  Though they have officially denied these allegations, the actions of the San Francisco Police Department over […]

Richmond District Fire Uncovers Grow House (CA Health & Safety §11357 & §11358)

Rabin Nabizadeh
June 10, 2013

When a two-story Richmond District house caught on fire in the early morning hours, a neighbor called it in to the local Fire Department.  Firefighters responded and quickly put out the one-alarm conflagration, but they discovered something else in the meantime – a false wall in the garage of the home that was hiding a […]