Ever Wonder Where the Judge Was When You Were Waiting for Your Case to be Called?
Ever Wonder Where the Judge Was When You Were Waiting for Your Case to be Called?
As you sit anxiously in the, crowded, gloomy courthouse waiting for your case to be called, you glance at your watch. 30 minutes pass, then another 15, and then another, but still, no sign of the judge. Maybe he's stuck in traffic, or maybe his car broke down. Whatever the reason for his tardiness, it must be for a valid reason, you naively think to yourself as the day continues…
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Even Lawyers Need to Be Careful What They Post Online
Remember the days of asking a celebrity for an autograph? If you spotted a Hollywood actor or famous musician, you had to find anything they could sign. Those days are gone. Autographs have been replaced with photos, and every celebrity is asked to stop and take a selfie that will be posted online for the world to see. However, altering digital photos is now easier than ever. While everyone is…
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Will Reducing Penalties for Non-violent Crimes Help California?
With the November election approaching, prosecutors and defense attorneys are turning their attention to a ballot measure that will reduce penalties for some non-violent, non-serious offenses. Although it is gaining traction with the public, prosecutors are split over Proposition 47. According to an August field poll, the proposition has 57% support, which means it could be voted into law barring significant changes before November. However, that is not expected to…
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You Must Be Mentally Competent to Be Sent to Jail in California (California Penal Code Section 1368)
In order to be sent to jail or prison in California, you must be deemed mentally competent, the California Court of Appeals ruled recently. If you are mentally incompetent and cannot understand the charges being filed against you, you must first receive treatment to attempt to be deemed competent. Recently, a defendant on trial for numerous sex crimes was determined to be mentally incompetent, and therefore unable to stand trial.…
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Domestic Violence Conviction Will Now Result in Lifetime Firearms Ban
According to a recent California Court of Appeals ruling, anyone who is convicted of domestic violence in California will receive a permanent federal lifetime ban on possessing a gun. Under the ruling, you could be barred from possessing a gun for any offensive touching during a domestic violence incident, even if it did not cause physical injury. 1 The decision surrounds the case of a man who was convicted of…
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As Ray Rice Gets Scratched From Roster, I Continue to Scratch My Head
Photo by Keith Allison Licensed under CC BY-SA 2.0 For those of you who have been able to stick to FM radio, mute your televisions, and avoid the water cooler in recent weeks, former Baltimore Ravens Pro Bowl running back Ray Rice has been indefinitely suspended by the NFL, and everyone is talking about it. Continue reading As Ray Rice Gets Scratched From Roster, I Continue to Scratch My Head
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Are Communications Between an Inmate and his Lawyer Confidential?
Generally, communications between a defendant and his lawyer are supposed to be confidential. However, recent reports suggest that prosecutors have been increasingly intercepting emails and telephone conversations between imprisoned defendants and their attorneys. The DA has blamed alleged security concerns to justify this interference. This raises serious issues as to whether this practice violates a defendant's Sixth Amendment right to counsel. Should prosecutors be able to intercept conversations between inmates…
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Court Rules Your Silence Can Be Used Against You
You are arrested for hit and run and the police have you in the back of their car. You are at the scene of the accident, and the alleged victims are also at the scene. You are probably worried about the potential consequences you face and how it will affect your life. However, the California Supreme Court thinks that you should also express worry about the victims. In a recent…
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Can Prison Officials Screen Legal Mail?
If you are in prison, you probably have a good reason to contact an attorney. Often, the only way for prison inmates to communicate is through letters with their lawyer. But prison officials can read your mail if you are in prison…or can they? While prison officials are legally allowed to screen your mail to ensure that no contraband or dangerous items are being sent to inmates, California law does…
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Tragedy in Ferguson: The Mike Brown Shooting Could Lead to New Law
For the past two weeks, the eyes of the country have been fixed upon Ferguson, Missouri, a suburb of St. Louis, where an unarmed, teenaged African-American named Mike Brown was shot and killed by a white police officer named Darren Wilson. While driving his patrol car, Wilson approached Brown and a friend as they walked in the middle of a street. Wilson ordered them to get on the sidewalk, and…
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