Category Archives: Criminal Defense
Constitutionality of Home Search in Question
On November 20, 2020, the U.S. Supreme Court in the case of CANIGLIA, EDWARD A. vs. STROM, ROBERT F., ET AL. (Case Number 20 -157), granted the Petition for a Writ of Certiorari, which is the procedure in which the Supreme Court is asked by a litigant who is challenging a case (akin to an … Read More
Is an Exceptional Attorney Essential?
Is there a distinction between essential and exceptional? How essential is it to choose the superb things we do and seek an outstanding result? Is an exceptional attorney essential? Perhaps, many individuals might have been content in utilizing a physician, dentist, accountant, and/or an attorney as long as they were not inferior. However, is it … Read More
Compelling and Cogent Legal Arguments
What are compelling and cogent legal arguments? All of us from time to time have read magazines, newspapers and articles. It strains credulity, however, that far too much of what has been written is not sufficiently balanced to provide the reader with a true and accurate narrative. Even worse are long winded and/or rambling legal … Read More
Unanimous Jury Verdict is Required in Serious Crimes
Today, in the case of RAMOS vs LOUISIANA, April 20, 2020 (No. 18-5924), the U.S. Supreme Court ruled a unanimous jury verdict is required in cases involving serious crimes. It held the Sixth Amendment of the U.S. Constitution, which guarantees the right to a jury trial, also requires the verdict in serious crimes to be … Read More
SECRETLY RECORDED CONVERSATIONS ADMISSIBLE IN CRIMINAL CASES
On December 5, 2019, in a unanimous ruling, the California Supreme Court in the case of People vs. Guzman, declared prosecutors can use secretly recorded conversations and they are, therefore, admissible in criminal cases. This decision does not change the illegal status of secretly recorded conversations that are inadmissible in civil cases. Pursuant to Penal … Read More
Exceptional Attorney and Essential
There may have been a point when one distinguished between exceptional and essential. Many individuals may have been content in utilizing a physician, dentist, accountant, and/or an attorney, perhaps as long as they were not inferior. However, is it any different in reading or watching the news, utilizing a barber or beautician, going out to … Read More
LINGUISTICS AND THE PRACTICE OF LAW
Linguistics is the study of language. It is reflected in everything we say and what we do. Essentially, it impacts how we communicate with others. In this regard, every word can have significance; many of which are like a double-edged sword, in which there can be two completely different meanings. To be effective in the … Read More
DISCLOSURE OF CONVICTIONS TO EMPLOYERS
Effective January, 1, 2018, employers in California with five or more employees cannot make employment decisions regarding convictions unless first performing an individualized assessment. The Assessment entails consideration of: [1] the underlying facts of the crime as they relate to the nature and seriousness of the conviction; [2] the period of time that has elapsed since the crime … Read More
PUBLIC DISCLOSURE OF VIDEO AND AUDIO RECORDINGS BY LAW ENFORCEMENT
In California, an increasing number of law enforcement officers are using body cameras [more commonly referred to as “body cams”], which are attached to their clothing to record the encounters and work they perform while on duty. Proponents claim the goal is to increase the public’s trust and confidence in all peace officers, including the … Read More
Federal Judge Halts California Ban on 10 Bullet Gun Magazines
California has one of the strictest gun laws in the nation. After voters on November 8, 2016 passed Proposition 63, the state legislature concurred and the Governor signed into law a ban on possessing high capacity ammunition magazines (those that hold 10 or more bullets), which law was to go into effect July 1, 2017, … Read More