SAMUEL SPITAL AND ASSOCIATES
Representative Cases
- People v. Lindsey
About 10 years after defendant had been convicted of armed robbery, the superior court issued a Writ of Habeas Corpus on the ground his confession was received in evidence in violation of the U.S. Constitution and a US Supreme Court case which held unconstitutional a sister state's practice whereby a confession was submitted to a jury for its determination of voluntariness without having the trial judge first satisfy himself that it was voluntary.
- People v. Wax
Defendant was sentenced to state prison for the sale of narcotics. Subsequently, he filed a Writ of Habeas Corpus seeking to have the allegation of a prior conviction, found to be true at the time of the trial, stricken from the record. The court denied the writ and the Defendant appealed. The Court of Appeal reversed the narcotic conviction, holding that failure to obtain and to consider an up-to-date Probation Report or a report from the Director of Corrections before denying the writ was reversible error. The court reconsidered the prior narcotic drug conviction.
- People v. Williams
In a nonjury trial, defendant was convicted of forgery in violation of Pen. Code, § 470. Representing himself as the payee thereof, defendant attempted to deposit and draw on two checks, which checks he knew to have been stolen from the U.S. mails. Defendant had previously pleaded guilty and been sentenced under a federal statute for possession of the checks as stolen mail. The Court of Appeal affirmed the conviction. The court held that forgery and possession of stolen mail were separate and distinct offenses, founded on different acts, so that prosecution for the forgery violation was not barred. The court also held that Pen. Code, § 654, prohibiting double punishment for an act made punishable in different ways by different sections of the Penal Code, did not apply to prohibit punishment for the state forgery offense after imposition of punishment for the federal crime.
Samuel Spital & Associates
8880 Rio San Diego Drive
Suite 800
San Diego, CA 92108-1642
Telephone: 619-583-0350
Call 7 days a week at any hour or send an e-mail now.
San Diego Criminal Law Attorney- DUI DWI Defense Lawyer San Diego - Misdemeanor, Felonies & Probation Violations Attorney -San Diego California
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Samuel Spital & Associates
Main Offices
8880 Rio San Diego Drive
Suite 800
San Diego, CA 92108-1642
Telephone: 619-583-0350
Banker's Hill Associate's Office
Of Counsel - Russell Babcock, Esq.
1901 First Avenue, Suite 138
San Diego, Ca. 92101
Downtown Associate's Office
Of Counsel - Bill O'Connell, Esq.
110 West C Street, Suite 1300
San Diego, Ca. 92101-3978
Call 7 days a week at any hour or send an e-mail now.

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
We represent and serve clients investigated, arrested and/or charged with criminal cases, including misdemeanors, felonies, drug violations, homicide cases, theft, battery, domestic violence, rape, robbery, burglary and all other criminal cases, both in State and Federal Court, as well as probation violations, probation terminations, probation modifications, both adult and juvenile cases throughout Northern and Southern California (CA), including the County of San Diego, Orange County, Riverside County, Imperial County, Los Angeles County, San Bernardino County, Santa Barbara County, Ventura County, and all counties in Northern California including Modoc County and Humbolt County.
Some of the larger cities in which we provide these personal criminal law defense services are : San Diego, Chula Vista, El Cajon, Lakeside, Santee, La Mesa, Bonita, Poway, Escondido, San Marcos, Vista, Fallbrook, Pauma Valley, Moreno Valley, Riverside, Redlands, San Bernardino, Arrowhead, Oceanside, Carlsbad, Calexico, El Centro, Brawley, Imperial, Palm Springs, Los Angeles, Van Nuys, Burbank, Bakersfield, Long Beach, Redondo Beach, Manhattan Beach, Pasadena, Glendale, Alhambra, Pomona, West Covina, Tustin, Trabuco, San Juan Capistrano, Santa Ana, Newport Beach, Irvine, Costa Mesa, Anaheim, Fullerton, Calabasas, Malibu, Ventura, Santa Barbara, Santa Maria, San Francisco, Oakland, Fresno, Redding, Modesto, Salinas, and San Jose.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
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