Criminal Defense
How a Fitbit Could Be Used to Find You Guilty of a Crime
Something about the story did not add up. That was the conclusion police came to after interviewing Richard Dabate shortly after his wife, Connie, was found dead in the couple’s basement. Dabate claimed an unidentified man broke into the home, tied him to a chair, then shot and killed his wife after she returned home from the gym. He claimed he came home from work to get his laptop to…
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Unlocking the Case: Court Orders All Residents of a Home to Submit Fingerprint to Unlock Smart Device
The Fifth Amendment to the U.S. Constitution protects you from incriminating yourself. However, the Fifth Amendment does not apply to physical evidence, such as your fingerprint. So, what happens when police ask you to use your fingerprint to unlock an iPad? Do you have to provide your fingerprint to police? According to a recent court case, police have a right to ask you for your fingerprint. Why is providing your…
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Defendants Can’t Gain Access to Private Social Media of Alleged Victims, Court Rules
It is safe to say that most people have an expectation of privacy when it comes to sending messages and information on Facebook. Although posts on your wall and comments may be readily available for the public to see, you probably expect the private messages you send to remain private. So, when you’re the alleged victim of a crime, you probably have the same expectation of privacy. However, this expectation…
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California Moves to Protect Immigrants in Court
Earlier this year, under President Trump’s aggressive immigration policies, Immigration and Customs Enforcement (ICE) agents began keeping a watchful eye on people coming in and out of courthouses, seizing an opportunity to detain immigrants for possible deportation. ICE argued that courthouses made for a safe area to detain suspected illegal immigrants because the security measures at courts help remove the possibility of an armed confrontation. In March, California Chief Justice…
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What We Learned from the 2016 California State Crime Report
The California Department of Justice recently released its annual report on crimes. For the year 2016, several notable trends were spotted. Here is a look at some of the important statistics in the report. Violent Crime Increased for the Second Year In a Row In 2016, violent crimes, including homicide, rape, robbery and aggravated assault, increased by 4.1 percent compared to 2015. There were 8,113 more violent crimes committed in…
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California Could Copy Kentucky to Overhaul Bail System
After you are arrested, the court will typically assign bail. Bail is a monetary payment made by the defendant in order to be released from custody while the case is pending. The money is held by the court as a way to ensure the defendant will show up to his or her court dates. The money will eventually be returned to you if you do not miss any of your…
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No Body, No Murder Conviction?
Dumped in a lake. Dissolved in acid. Fed to pigs. In movies and TV shows, murderers often find creative ways to dispose of one key piece of evidence: the victim’s body. In reality, disposing of the body may not prevent a murder conviction in California. Several people in California have been convicted of murder in cases where the body was never found. One of the most famous cases involved Donald…
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Should You Be Banned from Owning a Gun if You Commit a Hate Crime?
Gun control has long been a controversial topic, but the conversation has become even more heated with the rise of mass shootings and domestic terrorism. In an effort to balance gun rights with public safety, California lawmakers have introduced a bill that would prevent people who are convicted of hate crimes from owning guns. Assembly Bill 785 – introduced by Assemblyman Reggie Jones-Sawyer (D-Los Angeles) – would prohibit people who…
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Should Recording Someone’s Violent Crime Be a Crime? (PC 667.95)
Social media allows us to share the most compelling moments of our lives. All too often, those moments include fist fights and criminal activity. It’s almost impossible to see a fight in public without also seeing dozens of cellphones recording it while people shout “World Star!” Now, it seems that some young people may even think it’s “cool” to commit crimes on video. For this reason, California lawmakers have introduced…
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Do You Have to Keep Your Gun in the Trunk of Your Car? (PC 25140)
California gun laws are extremely complex and can be difficult to understand. You have the right to own firearms, but that doesn’t give you the right to take a gun wherever you please. A new California gun law answers one question regarding your gun rights: Do you have to lock your gun in the trunk if you leave it in your car? California Passes Secure Gun Law (PC 25140) Senate…
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