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This week on Your Best Legal Defense, noted Private Investigator, James Allard and I will discuss the myths and realities of investigating crime scenes. What types of information and evidence can actually be gathered and analyzed, and what is pure Hollywood myth.

Getting caught up in the American legal system can be a scary and traumatic event in someone’s life. It’s even more so for people who are not American citizens. Whether they are undocumented, or here on student, business, tourist, or other types of visas, getting arrested can have profound implications on a person’s status. A criminal charge can have consequences reaching beyond the current charge. It can effect a person’s future ability to become a citizen or even enter the county legally again. This week we will have Immigration Specialist Heather Poole discuss immigration consequences when someone has a criminal charge. She will explain why no jail time is not always the best thing. How even though certain crimes in California are not considered aggravated felonies, they can be under Federal Immigration law, which makes a person ineligible to remain or return to the United States. So what happens if you have already plea or been convicted of a crime?

It's something you never expected. You or a loved one has been arrested. Now what? Most people who are arrested each year never thought they would ever be in that situation. We're not talking about harden criminals, but by everyday people who just have made a bad decision. With more and more people coming in contact with the criminal justice system, it's important to know what happens if you are arrested. Whether it's for a DUI after a few drinks at a party, to finding yourself in an altercation not of your making, people find themselves in situations they never thought possible. But what actually happens once the big machine of justice starts up. My guest this week, Justin Shimizu, is a noted criminal defense attorney in Los Angeles. He and I will discuss what happens after someone is arrested and what you need to do to protect your rights. From Bail to Jail we got you covered.

California enacted the Street Terrorism Enforcement and Prevention (STEP) Act - Penal Code 186.22 to help fight the rise of gang crimes in the 1980's. It was a powerful tool for prosecutors, enhancing the sentence of anyone convicted of committing a crime for the benefit of or at the direction of a gang. But today PC 186.22 is being abused and misused by prosecutors to force non-gang members to accept lengthy sentences in plea negotiations or face even longer sentences if convicted of PC 186.22. This week we will speak with noted gang expert, Martin M. Flores about how more and more people are being charged with gang enhancements for circumstances never meant to be covered under PC 186.22. We'll discuss how police officers who are supposed to be trained in gang recognition and identification classify the activities of almost anything a gang member, former gang member, and people never associated with a gang as being for the benefit of a gang in order to use 186.22 as a weapon

If you’ve been stopped by the police, searched or even worse arrested what are your rights? The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law. Whether a particular type of search is considered reasonable in the eyes of the law, is determined by balancing two important interests. On one side of the scale is the intrusion on an individual's Fourth Amendment rights. On the other are the legitimate government interests, such as public safety. The extent to which an individual is protected by the Fourth Amendment depends on the location of the search or seizure. Guest Host Kacey McBroom will explain the complicated ins and outs of your Fourth Amendment rights so you know what to do if confronted by the police. Your Best Legal Defense is to Know Your Rights.

This past week marked the 20th Anniversary of the O.J. Simpson murder trial verdict. A verdict that divided the nation. As a result of the past incidents of abuse perpetrated by O.J. upon Nicole Brown, incidents that were not taken seriously by the LAPD at the time, domestic violence laws were strengthened and police departments put in place zero tolerance policies. This week my guest and I will discuss how well meaning Domestic Violence Laws are being abused and misused with a One Size Fits All mentality. My guest was caught up in the criminal system due to an accusation of Domestic Violence. We will discuss how he was treated by the criminal justice system, the assumptions made about him not only because of the crime alleged but also how his ethnicity also counted against him. We will explore how his life and that of his family changed and how he and his family have survived.

California enacted the Street Terrorism Enforcement and Prevention (STEP) Act - Penal Code 186.22 to help fight the rise of gang crimes in the 1980's. It was a powerful tool for prosecutors, enhancing the sentence of anyone convicted of committing a crime for the benefit of or at the direction of a gang. But today PC 186.22 is being abused and misused by prosecutors to force non-gang members to accept lengthy sentences in plea negotiations or face even longer sentences if convicted of PC 186.22. This week we will speak with noted gang expert, Martin M. Flores about how more and more people are being charged with gang enhancements for circumstances never meant to be covered under PC 186.22. We'll discuss how police officers who are supposed to be trained in gang recognition and identification classify the activities of almost anything a gang member, former gang member, and people never associated with a gang as being for the benefit of a gang in order to use 186.22 as a weapon

While marijuana laws have become lax in recent years, a Marijuana DUI can still get you in a lot of trouble. The often tragic consequences and harsh legal penalties for driving under the influence of alcohol are well publicized. What many people don’t realize is that it is also illegal and punishable to drive under the influence of marijuana (or a combination of alcohol, marijuana, or other drugs). This is true even if the drugs are legally prescribed by a doctor. Laws defining what it means to be “under the influence” of alcohol are wee defined - .08 or greater. But what about marijuana? What is the threshold amount? Can a threshold amount even be established? What about prescription drugs? My quest this week, DUI and Criminal Defense Attorney, Eran Forster, will discuss these issues and the ever changing rules of driving under the influence or “High Driving.”

This week noted PI and former Law Enforcement Officer, James Allard, and I will discuss some of the Myths and Realities of Crime Scene Investigations. We'll discuss first responders and what they should do to preserve the crime scene as well as mistakes made in those first crucial minutes that can be beneficial to your defense. We will also discuss the collection of evidence and what happens when the CSI doesn't follow procedure. What is tainted evidence and how can it be proved in a court of law. James has 32 years of experience investigating crimes and working with evidence. We'll discuss how a skilled defense attorney can turn the tables on the prosecution with their own evidence. Exploiting the mistakes, missteps, and failures to follow protocols to get you Your Best Legal Defense in court. James and I will also answer questions from callers and emailers regarding what happens at a crime scene and what Law Enforcement should actually be doing.

If you’ve been stopped by the police, searched or even worse arrested what are your rights? The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law. Whether a particular type of search is considered reasonable in the eyes of the law, is determined by balancing two important interests. On one side of the scale is the intrusion on an individual's Fourth Amendment rights. On the other are the legitimate government interests, such as public safety. The extent to which an individual is protected by the Fourth Amendment depends on the location of the search or seizure. Guest Host Kacey McBroom will explain the complicated ins and outs of your Fourth Amendment rights so you know what to do if confronted by the police. Your Best Legal Defense is to Know Your Rights.

America's fascination with the TV crime show has spilled over into the courtroom. Today, Prosecutors and Defense Attorneys are faced with juries expecting, almost demanding some type of cool new scientific evidence. However, Hollywood and reality share little in common when it comes to crime scene investigations. Not every crime scene will produce some type of evidence that can be analyzed. Not every crime lab has the wiz-bang' gadgets shown on TV. In fact, few if any do. This week we will discuss the myths, realities, and limitations of DNA evidence. We will also talk about the future of DNA processing and what new information can be revealed about a person just through DNA

Getting caught up in the American legal system can be a scary and traumatic event in someone’s life. It’s even more so for people who are not American citizens. Whether they are undocumented, or here on student, business, tourist, or other types of visas, getting arrested can have profound implications on a person’s status. A criminal charge can have consequences reaching beyond the current charge. It can effect a person’s future ability to become a citizen or even enter the county legally again. This week we will have Immigration Specialist Heather Poole discuss immigration consequences when someone has a criminal charge. She will explain why no jail time is not always the best thing. How even though certain crimes in California are not considered aggravated felonies, they can be under Federal Immigration law, which makes a person ineligible to remain or return to the United States. So what happens if you have already plea or been convicted of a crime?

MIRANDA, we’ve all heard the familiar warning on every TV cop show. Most people can recite it. However, the majority of people don’t understand exactly what rights they actually have, and more importantly what rights MIRANDA does not give them. One our premiere show we will explain many of the common myths and realities of MIRANDA. When do you actually have a right to remain silent? If you do remain silent, can that be used against you? When does a law enforcement officer have to read you your rights? And most importantly, if the officer doesn’t give you the MIRANDA warning, what does that actually mean to your case. Our discussion on MIRANDA will explain how not to make a terrible mistake which could affect the outcome of your case. Don’t go from dismissal to conviction just because you thought you understood MIRANDA but didn’t. Learn what to say when dealing with law enforcement and what not to say. You can only protect your rights, if you know your rights.