How many criminal cases are in the courthouse that don’t belong there? Plenty, that’s clear from a recent case in the Los Angeles County Court. A homeowner gets cited for his dog running loose. The citation is for a misdemeanor because the County Ordinance carries the possibility of six months…
Before 1997 if someone was injured by a defendant during the commission of a crime and died more than three years and a day after the crime, he could not be convicted of murder. Recently, a case came before the Court of Appeal that tested this assumption. Two defendants, Robert…
“A party may not use a peremptory challenge to remove a prospective juror on the basis of an assumption that the prospective juror is biased merely because of his or her race, color, religion, sex, national origin, sexual orientation, or similar grounds.” Code of Civil Procedure Section 231.5. If a…
A Defendant has a right to have a jury of his peers decide his fate. Twelve people drawn randomly from the community who come to the courthouse and vote on the guilt or innocence of the accused. The Constitution requires the selection come from a cross-section of the population of…
A criminal defense lawyer must always be aware of whether his client is a citizen or not. A case can have huge a huge impact on a defendant’s life if he is not a citizen. Many city and county jails now screen their inmates to determine whether they are in…
How can you represent “those” people? If I had a dollar for every time I’ve heard that at a party or in a conversation I’d be a rich man. The fact is, “those” people are just like you and me. Everyone hates lawyers until they need one. I had to…
When you don’t like the judge you are in front of you are in trouble. There is a provision for changing your judicial officer but it must be used with caution. When a defendant doesn’t want a particular judge, commissioner, or referee to hear any matter that involves a contested…
The cops just arrested you in Orange County, CA,and never read you your rights. How can that be? We’ve all seen how on television the Right to Remain Silent is rushed through and said by the cops through clenched teeth just as they are slapping the cuffs on the suspect.…
If a client gives his California lawyer stolen property, does the attorney client privilege shield him from getting prosecuted? This straight forward question, of course, has many answers, depending on the circumstances. In general, a lawyer cannot knowingly take possession of the “fruits” of a crime. In other words, a…
Often times I hear, “Well, if I hire a lawyer, won’t it look like I’m guilty?” The clear and simple answer is “No“. It’s just plain smart. Who is telling you that you don’t need a lawyer? It’s law enforcement. Who is telling you that, “I just want to hear…