Law & Information
How do I know whether or not I should take my case to trial?
There are a number of factors to consider before deciding whether or not your case should go to trial: 1. Am I risking anything? The first question to ask yourself is what are you risking by going to trial? Usually, if the Prosecutor makes you a good offer at Pre-trial, that same offer will not be available after you take your case to trial. This is fine if you win…
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Should I cooperate with the police?
So you got busted. The cop tells you to come clean after reading your rights. He tells you that "I'm not here to judge you" and that he doesn't think that you're a bad person. He says that he's not recording you either. He also says that he doesn't want to make this a big deal and that he's going to cut you some slack if you agree to cooperate.…
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Do Not Adopt a Nonchalant Attitude Toward Your Criminal Case
Once you retain a defense lawyer, you don't need to worry about anything because he/she is going to do everything to help you with your criminal case, right? WRONG. You need to take an active part in you own defense. After all, you were there. You know the events that transpired better than anyone else. Once you hire a criminal lawyer, schedule at least one face-to-face meeting with him/her to…
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GOVERNOR SCHWARZENEGGER VETOES NEW LAWS THAT WOULD HAVE PROTECTED PEOPLE WRONGFULLY ACCUSED OF A CRIME
The California legislature had passed critical new laws to protect those who were accused of serious crimes. These laws were to go into effect on January 1, 2008. However our California Governor decided to veto these new laws to prevent them from going into effect. This is a very sad development for persons who find themselves accused of serious crimes. SB 511, SB 609 and SB 756 were three new…
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Resisting and Evading Arrest
"I got drunk and I got real stupid." Let me guess…then you invited the cop and his partner to a friendly game of "meet my fist" or tried to outrun the cop by playing a quick game "drunk tag". I hear this all the time. This is usually a good combination for a court date. You'll be charged with fighting in public, public intoxication, and resisting arrest or evading arrest.…
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The District Attorney and reports on your criminal case.
Charged with a crime or DUI? Think you are getting all the information on your case? Think again. The District Attorney or court will only provide a police report. There is more. A copy of the police dispatch may help you. There are calibration records for the breath or blood tests. Were instruments operating properly? There are records of repairs. Are there tape recordings or pictures? You won't get them…
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DNA EVIDENCE MAY HELP OVERTURN YOUR CONVICTION
State laws across the nation are being passed to allow persons who have been convicted of crimes to challenge their convictions by the use of new DNA testing procedures. It has been reported that over 200 persons convicted of crimes have had their convictions reversed due to the use of DNA evidence. Due to the many wrongful convictions that have occurred, the California legislature recently passed a law that now…
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IF YOU WANT TO WIN YOUR CASE, DO NOT TALK TO THE COPS
Many times a police officer will tell you that it is in your best interest to speak to them about the facts of your case. They will often tell you things will "go easier" for you if you talk to them. They might tell you that they can put in a good word with the DA if you talk to them. They even might suggest that if you talk to…
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Don’t Get Zapped By Trial Preparation
San Bernardino prosecutors are considering filing charges of illegal human experimentation against a defense attorney and his hired consultant. The hired consultant videotaped the client being shocked with a stun gun to show the effects of an alleged police assault on the client. The attorney said he conducted the test because the taser manufacturer would not provide information detailing injuries that result from being tasered. The videotape was shown during…
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Public Defender vs. Private Attorney
The Public Defender's Office in San Diego County recently distributed to its staff attorneys a memo where it sets a high goal in regards to how they represent people accused of misdemeanor crimes: to have 73% of them plead guilty at the very first court appearance. What's more, the statistics provided in the memo show that they are achieving their goal! (I know this because I personally read the memo.)…
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