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Butte County Court – Coronavirus COVID-19 Oroville Chico Paradise CA

In response to emergency executive orders issued by California Governor, Gavin Newsom, the Superior Court of California, County of Butte (serving Chico, Oroville, Paradise and surrounding communities), has implemented various emergency orders. In addition, the California Supreme Court and the Judicial Council of California have issued emergency orders approving sometimes, and directing at other times, county trial courts’ operations in light of the Governor’s emergency executive orders to shelter-in-place and to practice social-distancing to reduce the spread of coronavirus and COVID-19 illnesses. Consequently, business with the court is unusual these days. To see the emergency orders affecting the operations of the Butte County Superior Court, go to the court’s website. The website can be found by searching “butte county court” using your favorite search engine, like Google, Bing, etc.

Most criminal cases where the defendant is not incarcerated are being unilaterally continued to a future date. If the Butte County District Attorney (“DA”) has already brought criminal charges by filing a criminal complaint with the court, you can visit the court’s website and search cases by defendant’s name or case number. Once you find the case on the court’s website, you should be able to check the next court date. If, instead, a person was arrested and posted bail or was released on his or her own recognizance and at that time given a court date, but the DA has not filed charges with the court by the date given, the court should mail notice of the new court date if the DA subsequently files a criminal complaint. The address to which the court mails notice will be the address set forth in the criminal complaint filed by the DA. The DA typically uses the address listed in the police report.

Unlawful detainer (eviction) cases have been significantly impacted by the various emergency orders. As of April 6, 2020, a court may not issue a summons on a complaint for unlawful detainer unless the court finds, in its discretion and on the record, that the action is necessary to protect public health and safety. Without the issuance of a summons by the court, the eviction case cannot proceed. If a summons was issued and subsequently served because a case was filed prior to April 6, 2020, for example, even if the defendant/tenant has failed to file an answer within the ordinary time required to do so, plaintiff/landlord will be unable to obtain a default judgment for possession of the premises from the court because the emergency orders prohibit a court from entering a default or a default judgment unless the court finds doing so is necessary to protect public health and safety. Which is rarely, if ever, an issue in eviction cases based on tenant’s failure to pay rent. Pursuant to the emergency orders, these prohibitions will remain in effect until 90 days after the Governor declares that the  state of emergency related to the COVID-19 pandemic is lifted, or until amended or repealed by the Judicial Council of California. Great for non-paying tenants. Very bad for unpaid landlords.

Unconscious DUI Suspect – Blood Seizure Without Warrant – Supreme Court Opinion an Abomination!

The United States Supreme Court recently remanded (returned to the state court) a case involving a DUI suspect whose blood was extracted without a warrant at a hospital while the suspected DUI driver was unconscious. The Court’s opinion in Mitchell v. Wisconsin (2019) 588 U.S. ____, authored by Justice S. Alito, is an outrageous deviation from constitutional jurisprudential standards – namely, stare decisis – and could be construed as an “advisory opinion” in violation of the Case or Controversy Clause of the United States Constitution.

President Trump Supreme Court nominee and now Associate Justice, N. Gorsuch, dissented (disagreed). As would be expected of a liberty-loving, government-constraining, jurist in the mold of the late Justice Antonin Scalia. In disagreeing with the Court’s opinion, Justice Gorsuch wrote, “Rather than proceeding solely by self-direction, I would have dismissed this case as improvidently granted and waited for a case presenting the exigent circumstances question.” That’s Justice Gorsuch’s way of saying the court was out of bounds to consider an exception to the warrant requirement that was not argued by the parties below and that, moreover, the facts of the case did not meet the exigent circumstances standard required to lawfully extract Mitchell’s blood without a warrant. Stated differently, if Justice Gorsuch were talking with Justice Alito at a bar, he might say something like, ‘Sam, that was wrong; and you are an idiot!’

For those who value the Fourth Amendment’s guarantee against unreasonable searches and seizures and the requirement that the government and police obtain a warrant before engaging in reasonable searches and seizures, there is no higher court to appeal this abomination of constitutional jurisprudence to, unfortunately.

Petition for Resentencing or Dismissal Pursuant to Health & Safety Code section 11361.8 – Marijuana Justice Meets 21st Century – California’s Prop 64

It’s almost hard to believe it took so many years to “decriminalize” marijuana in California. Yet, California’s Proposition 64, The Adult Use of Marijuana Act does exactly that, under certain circumstances. Under Health & Safety Code § 11361.8, a person currently serving a sentence, or who has completed a sentence for a conviction of a violation of sections 11357, 11358, 11359, or 11360 of the Health & Safety Code may be eligible to have the conviction reduced to a misdemeanor or an infraction and resentenced, or dismissed as applicable.

The Butte County Superior Court has made it relatively easy to check eligibility and, if eligible, to download and file the petition or application, as the case may be, for those with Marijuana convictions in Butte County, California. Simply go to https://www.buttecourt.ca.gov/LocalRules/ and scroll down to “Other Forms” and click the .pdf file entitled “Petition or Application and Order under HS 11361.8 (Proposition 64)” to see the instructions and to complete the fillable form. Or hire an attorney to do it for you.

Free Tow in Oroville Butte County if You Drank Alcohol Smoked Marijuana or Crank Methamphetamine Popped Pills Prescription Medication Snorted Cocaine to Excess Labor Day

September 3, 2018. Oroville, California

For people at risk of driving under the influence aka driving while intoxicated, or DUI aka DWI, because of drinking alcohol or using drugs on Labor Day, triple a or California State Automobile Association CSAA AAA is offering statewide free tows home up to 10 miles, according to Oroville Mercury Register online Staff Reports dated September 2, 2018. AAA is offering its tipsy tow service for those who have had too much to drink or consumed too many drugs, including prescription medication from a doctor. They say they will tow your car and give you a ride for free up to 10 miles, from 6 pm Monday until 6 am Tuesday (September 3 through September 4, 2018). Call 1-800-AAA-HELP. Tell them you need a tipsy tow. They do not take advanced reservations. DUI and criminal defense attorney, Daniel Ledford, noted as he has before, “If you do call and ask for a tipsy tow, you better not get impatient and change your mind and get in your car to drive home — that call could be inculpatory evidence against you. If you exercised your judgment and concluded you are too impaired to drive by calling for a tipsy tow, then do NOT drive!”

Arrested for DUI in Oroville Chico Paradise Butte County California – Now What?

So you or somebody you know has been arrested for driving under the influence (aka driving while intoxicated) or DUI or DWI for short. What do you do now? Well, the things to do will be different for different people and their different circumstances. Most people reading this will have already been booked and released with a date and time to appear in court. One thing that everybody should be aware of is that the California Department of Motor Vehicles (DMV) almost always takes action against your privilege to drive a motor vehicle in California — if arrested for driving with a blood alcohol concentration (BAC) or breath alcohol concentration (BrAC) of 0.08% or greater. If that’s the case, you need to calculate right away the date that is 10 days from the date you were arrested. That’s your deadline to request a hearing with the DMV to dispute the suspension of your driver’s license. If that 10 day deadline is blown, expect your driver’s license suspension to go into effect 30 days from the date of your arrest. Notice of this is almost always part of the paperwork you are given when released a few hours after your arrest. So you should have the paperwork that more fully explains this. DMV hearings are conducted under exacting procedures. While it’s possible to do it yourself, it is highly inadvisable. Consequently, most people will have their lawyer deal with the DMV. Which is why the next thing you should do is hire a lawyer with a focus on criminal and DUI defense within 10 days of your arrest.

Oroville DUI Superbowl Sunday – AAA Tipsy Tow

According to Oroville Mercury Register, AAA is offering its tipsy tow service for those who have had too much to drink on Superbowl Sunday and need a ride home. They say they will tow your car and give you a ride for free up to 10 miles, from 6 pm Sunday until 6 am Monday. Call 1-800-AAA-HELP. Tell them you need a tipsy tow. They do not take advanced reservations.

Avoiding DUI in Oroville with Triple A Tipsy Tow this Thanksgiving

According to Oroville Mercury Register staff reports, AAA will be offering its free Tipsy Tow service this Thanksgiving. If a person has had too much alcohol to drink, they can avoid a driving under the influence DUI by calling 1-800-AAA-HELP from 6 pm Thursday through 6 am Friday.  The free ride and tow is limited to 10 miles. AAA membership not required.

DUI Fourth of July Chico Oroville Paradise Butte County

Be on the lookout for extra police presence in Chico, Oroville, Paradise and surrounding communities in Butte County this 4th of July weekend. While it is typical on major holiday weekends to see news articles announcing planned DUI check points and saturation patrols, such articles have been absent from local newspapers so far this year. Local DUI and criminal defense attorney, Daniel Ledford, notes, “Odds are good that there are more police officers on the beat than usual — looking for drunk drivers and standing by to respond to emergencies.”

Avoid DUI Chico Oroville Paradise with Cinco de Mayo AAA Tipsy Tow

According to the Oroville Mercury Register, drivers who drink too much on Cinco de Mayo are being offered a free ride home by AAA Northern California. From 6 pm Friday until 6 am Saturday, anyone can call 1-800-AAA-HELP (1-800-222-4357) and ask for a Tipsy Tow. Tipsy Tow does not take advance reservations.

Tipsy Tow Rides Again – St Patrick’s Day Celebrants in Chico, Oroville, Paradise Butte County

According to Oroville Mercury Register and Chico Enterprise Record, AAA is offering it’s free Tipsy Tow service to those who believe they are too intoxicated to drive as a result of celebrating on St. Patrick’s Day. Dial 1-800-AAA-HELP or 1-800-222-4357 between 6 pm Friday and 6 am Saturday and request a Tipsy Tow. AAA membership is not required. Advance reservations will not be taken.