Never Give Up on Your Criminal Appeal: US Supreme Court Reverses Conviction
Never Give Up on Your Criminal Appeal: US Supreme Court Reverses Conviction
People often call us and ask if there is anything that can be done for their loved one who is in prison after their initial criminal appeals have been denied. The United States Supreme Court recently answered that question in Smith vs. Cain decided on January 10, 2012. In this case the accused was serving many years in prison. After he was convicted it was discovered that the police had…
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Court of Appeals Outlaws Judicial Plea Bargaining. Next stop: Felony Criminal Cases Will Have to be Dismissed for Lack of Courtrooms
For hundreds of years California criminal judges have been allowed to make an "offer" to a defendant facing a felony charges when the District Attorney refuses to do so. This has been called an "indicated sentence". The judge tells the defendant that if he pleads guilty to all of the charges pending against him he will give him an "indicated sentence" of a number of years in state prison. This…
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Your “Miranda Rights” are Going Down the Drain Due to the Conservative United States Supreme Court
The Miranda decision was decided decades ago. When the decision was reached by the United States Supreme Court they made it clear that when you are arrested you must be read your Miranda rights and unless you clearly waive those rights the police are not allowed to speak to you without your lawyer being present. This was decided because of decades of abuse by the police in obtaining "tainted" confessions…
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Respected Judge Removed From Bench For Helping Family With Minor Traffic Tickets. Justice or Not?
The Committee on Judicial Performance has removed Judge Richard Stanford from serving as a judge. This is sad. Judge Stanford has been a brilliant judge for over 20 years and I have personally known him to be fair and to treat all those that come before him with the utmost respect. He was a former prosecutor before becoming a judge, but as a judge he has shown the ability to…
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DA Attempts to Retry Case Already Dismissed by Judge
How can this happen in our country? One of our clients was formerly prosecuted for child molestation. The evidence against him was weak but the DA pressed the case to trial. The jurors and the judge heard the evidence and 10 jurors voted not guilty. We then asked the judge to dismiss the case but the DA wanted to have another chance with another jury trial. The judge said no…
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When Can a Police Officer “Stop and Frisk” Me? When is it Unconstitutional
An officer who encounters a person under circumstances which reasonably indicate that such a person has committed or was about to commit a crime may temporarily stop that person. The surrounding facts and circumstances dictate (1) the reasonableness of such a police stop and (2) whether the stop rose to the level of a "detention." Being stopped briefly and subsequently held and detained triggers numerous constitutional protections and exceptions. Depending…
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When Are You Considered “Under Arrest” During A Police Encounter?
Most people think they are arrested when a police officer says "You Are Under Arrest" or puts you in the back of the police car. This is incorrect. An arrest is the act of legal authority taking actual physical custody of a citizen thus causing a restraint on that citizen's liberty. An arrest occurs when there is a submission to authority causing a seizure of your person. The standard to…
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Can a Police Dog’s Nose Supersede a Warrant?
The US Supreme Court is deciding that very issue. The case stems from a Florida case, where a police dog in the front yard of a house smelled marijuana, thus prompting police to enter the house and search the premises. Police found marijuana inside the residence and made an arrest. After being found guilty of the related charges, the defendant appealed and the Florida Supreme Court overturned the ruling, saying…
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Who Benefits More from Plea Bargaining, the Prosecution or the Defense?
Both the prosecutor and the defendant may reap benefits from plea bargaining. Without plea bargaining, prosecutors would be forced to conduct trials in nearly all criminal cases. Prosecutors are reluctant to try cases where they may not be able to meet their burden of proving each elements of the charged offense beyond a reasonable doubt. Therefore, prosecutors have a strong incentive to offer plea bargains to defendants in order to…
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Teen Hate Crime Suspect Sentenced to 21 Years
In a highly publicized murder prosecution, 17 year old defendant Brandon McInerney accepted a sentence of 21 years in state prison and plead guilty to second degree murder in what has been described as a "gay hate crime" by many. The victim was 15 year old Larry King. At his first trial the jury could not reach a verdict with some jurors stating that they didn't feel that the accused…
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