Criminal defense lawyers serving: Stanislaus, Sonoma, Tuolumne, Merced, San Joaquin Counties - and Federal Courts in Sacramento and Fresno

Your Home is Your Castle – Until CHP Arrives

August 3, 2011: Under the Constitution, the home enjoys the greatest protection against warrantless government intrusion.  In this case CHP officers investigating an unwitnessed solo rollover accident invaded the client’s home without a warrant seeking to arrest him.  In denying consent to enter, another occupant had asked if they had a search warrant: “We don’t need a warrant” was the arrogant reply.  Kirk McAllister took the CHP back to school on the Fourth Amendment during a two-day long motion to supress evidence, including breathalizer results.  The judge ruled that all evidence had to be supressed as the result of an illegal entry in violation of the Fourth Amendment. (Case No. 1413577)

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Pre-Arrest Delay Sinks Prosecution of Nurse

August 1, 2011- One effect of the sagging economy may be delayed investigations because layoffs and furloughs result in larger caseloads for fewer investigators.  How does that impact the citizen’s right to a speedy trial?  In a recent case Mr. McAllister succesfully argued that his client’s speedy trial rights were violated when the California Department of Consumer Affairs criminal investigator took too long to bring the case to the District Attorney for issuance of a complaint.  Because this prejudiced  the client’s right to a speedy trial, the judge dismissed all eight counts. (Case No. 1419165).

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McAllister Foils Mortgage Fraud Prosecution

August 18, 2011- The prosecution considered the mortgage fraud case a “slam dunk,” but Mr. McAllister didn’t agree and delivered a hung jury after a two-week long trial. “Kirk McAllister, Burdg’s attorney, said he was not surprised the trial’s outcome was a hung jury, knowing how the stories from both sides conflicted with each other. ‘It was obviously a very hardworking jury,’ McAllister said.” Modesto Bee, August 19, 2011.

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