Criminal Defense
Texting Teen Convicted of Vehicular Homicide – CPC 192(c)
In a Massachusetts case that is likely to have nationwide impact, accordingly to , a teenager was found guilty of motor vehicle homicide after causing an accident as he was texting while driving. He was the first person in that state to be charged and convicted of motor vehicle homicide for texting while driving. The defendant had pleaded not guilty to a series of charges before being convicted in court…
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Supreme Court Denies Request to Review Taser Use
The Seattle Times reports that the Supreme Court has decided not to review two cases which highlight a long-undetermined issue: how much latitude do officers have in using Taser guns against suspects. The denial of this much-anticipated review will likely leave the issue largely unresolved. An appellate court combined two cases from two states in determining that while police officers used excessive force, they cannot be sued in federal court.…
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The Downside of Using a Public Defender
For some individuals who are truly destitute financially, a public defender in Orange County may be the only option. However, as with anything else, getting legal services for free can come with a price. Moreover, a public defender may not be free at all. While public defenders must pass the California Bar, they generally are new to law. Moreover, top graduates often get offers with good firms right out of…
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The Most Important Role of a Juror
Quite often these days jury trials are broadcasted. Indeed, viewers are even privy to issues over which jurors are removed from the courtroom, such as evidentiary matters which might otherwise bias those who ultimately will determine the defendant's fate. And when the verdict is read, often viewers are baffled by the jury's decision. It is fine to make independent judgments about trial evidence from home, but as a juror you…
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Illinois Police Officer Violates Man’s Constitutional Rights
Know your rights in case of an infraction. This case that we debated on Fox News is a great example of an officer abusing the constitutional rights we all have when it comes to traffic stops. In order to make a traffic stop an officer must have probable cause to believe that a violation of some sort took place---whether an infraction, misdemeanor of a felony. In this case, the officer…
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Should judges and jurors have to reveal their sexual orientation?
Most people are aware that a federal judge recently ruled that Proposition 8, the proposition that banned gay marriage in California was unconstitutional. That issue will likely now end up before the United States Supreme Court. What fewer people know is that after the ruling was made the federal judge who made the ruling announced that he was gay. The proponents of Proposition 8 are using that issue as one…
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Proposed Law Would Force New Lawyers to Perform “Internship” Before Being Licensed
Just about every other profession requires their members to have practical training before they are allowed to become licensed to start their profession. Doctors must perform internships that take years. Dentists, Nurses, School Psychologists, Mental Health Professionals, all must work in their field and train under experienced members of their profession before they can receive a state license to begin their profession. However, this has never been the case with…
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As New Evidence Emerges In the Trayvon Martin Case, Would it Be Possible for George Martin to Get a Fair Trial?
Can a defendant in a case that makes national headlines get a fair trial in America? It's a legitimate question that criminal defense attorneys ask. With technology giving every American instant access to up to the minute information, and social media sites like Twitter and Facebook making everyone a de-facto judge and jury, it seems harder and harder to find impartial juries. Traditional media certainly doesn't help either. With hundreds…
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Woman Arrested on Felony Perjury Charges for Lying to Get Out of Jury Duty
Everyone has dreamed of doing it when they get that jury duty notice in the mail. They dream of dressing up in a crazy outfit and pretending to be mentally insane so they don't have to sit on a jury. Well, one woman is going to need a criminal defense attorney of her own after doing exactly that, and then getting caught after the fact. The story is almost too…
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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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