Category Archives: criminal law
IS REPORTING MANDATORY?
Our communications are not intended to deal exclusively with mandatory reporting requirements, whether applicable or not. The Administrative Procedure Act (APA) is found in the California Government Code, section 11340 et seq. This statute establishes “rulemaking” procedures and standards for California state agencies. Additionally, California regulations must be in compliance with regulations adopted by OAL … Read More
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
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
Serious Ongoing Concerns re: Hacking on the Internet
Hackers are highly motivated to obtain and then sell &/or use the information they obtain from illegal means of accessing the online files and records we have for illegal gain. As such, there are serious ongoing hacking concerns each of us must be vigilant accessing the internet. In a most recent newspaper account, there was … 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
Restrictions on State Agencies From Utilizing Convictions and False Statements
Effective July 1, 2020, AB 2138 becomes operative as law in California (approved and signed by the Governor 9/30/18), as follows: Under current law, the licensing and regulation of various professionals and occupations fall within the Department of Consumer Affairs. These state agencies are empowered to take disciplinary action against a licensee, including to deny … Read More
Important Choices To Preserve Humanity
President Harry Truman, on April 11, 1952, signed into law a bill that proclaimed the National Day of Prayer. Thereafter in 1988, President Ronald Reagan amended the law designating the first Thursday of May each year as the National Day of Prayer. While it is not a public holiday, there are countless prayer gatherings across … 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
Canadian Government Legalizes Marijuana
On October 17, 2018, the Federal Government of Canada legalized cannabis. At best, this is a national experiment and controversial legislation. Clearly, the tax profits available to the Canadian government are enormous, and the vast numbers of businesses devoted to the production, distribution and sales of marijuana seem boundless. And, the question of health to … Read More
SUPERIOR ADVOCACY
How does one define the role of a lawyer? What are your expectations? Do you want an average lawyer or a truly great attorney? Here is a list of questions you might want to ask yourself and the lawyer with whom you consult: Do you want a lawyer who is pro-active, meticulous and believes in … Read More