Category Archives: criminal law
US Supreme Court Invalidates Federal Ban on Sports Betting
In the May 14, 2018 case of MURPHY. vs. NATIONAL COLLEGIATE ATHLETIC ASSN., the U.S. Supreme Court held the Federal law that barred sports betting was null and void. Supreme Court Justice Samuel A. Alito Jr. wrote in the majority opinion: the Federal law was a violation of state sovereignty because it “unequivocally dictates what … Read More
Beware of Cyber Attacks
It has been said, and bears repeating: There are those that know they have been hacked and those that do not. There are those who have been hacked and those that will be; There are those who will be hacked again; Our devices and products, at home, at work and on the go, are connected … 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
Rehabilitation of Inmates and Prisoners
When we go back in history, there was a time when those incarcerated would receive vocational training, such as wood shop, electric shop, metal shop, upholstery, plumbing, gardening, and most importantly learn any other skill that would increase their basic knowledge, enhance their self esteem, provide an opportunity for a more positive transition to life … 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
California Bail Policies
There are over one million adult arrested in California on an annual basis. Current statistics reveal that approximately one third of these individuals are bailed out, and only about three percent (3%) fail to appear in court for one or more legal proceeding. The Eighth Amendment of the U.S. Constitution guarantees equal protection of the … Read More
California Government Considering Law to Become Sanctuary State
California Senate Bill 54 has recently been introduced; it proposes to establish a new law to prohibit law enforcement agencies from cooperating with Federal Immigration Authorities. Whether state law enforcement (State Police; CHP, etc.), county (Sheriff), city (local police), school police or security departments, organization or individual, they would be prohibited from investigating, detaining and/or … Read More
CAUTION: You May Get An Email, Text or Pop Up And It May Not Be Authentic !!
One of the newer scams is pop ups; these are windows that automatically appear on your cell phone screen, desktop monitor, laptop, tablet or notepad. Originally they were intended and, therefore, designed as a form of online advertising to attract business to a website. More recently, some have become a tool to not only capture … Read More
California Recent Change to Marijuana Law
Under the ballot measure designated as Proposition 64 that was passed by 57% of the voters in the November 8, 2016 election that became effective November 9th: 1) those convicted of a felony as a result of possession, transportation &/or cultivation of marijuana can have it reduced to a misdemeanor; 2) the County Public Defender … Read More