The issue of getting a fair and impartial judge to hear your case is obviously important in every case. However, what can you do when you think the judge is prejudiced against you and your case? You could file a challenge to the judge pursuant to the Code of Civil…
Can a witness testify from the grave? Of course not, right? Well, it turns out that sometimes a deceased witness can testify in a court of law. As absurd as this sounds, the recent murder case of People v. Quintanilla dealt with this issue. In this case, Quintanilla allegedly shot…
The internet is a powerful tool. It allows us to instantly look up the score of a game, figure out who was the 14th president of the US and find out how many miles away mars is. But is everything on the internet to be relied on? What if a…
A Defendant was accused of being a gang member and committing a murder for the benefit of the gang. The District Attorney wanted the testimony from one of the Defendant’s fellow gang members. This potential witness had seen the shooting and had crucial relevant testimony that was wanted by the District…
New Rule of Professional Conduct RPC 5-110(D) Defense attorneys used to argue all the time with the prosecutors about whether or not they were required to turn over exculpatory evidence (evidence pointing towards innocence) they, the prosecutors, didn’t deem “material”. In other words, the prosecutor got to decide what would…
Can prosecutors strike minorities from a jury simply because of their race? Since 1978 criminal attorneys in California have not been allowed to remove potential jurors from a jury simply because of their race. During voir dire, or jury selection, counsel on both sides have preemptory challenges and can remove jurors for…
The DA has the right to charge a DUI where injury is claimed, with either a felony or a misdemeanor. What makes it a felony charge or a less severe misdemeanor is the extent of the injury suffered by the victim. Sometimes it’s obvious that a case is a felony.…
Think secret bail hearings only exist in fiction? Unfortunately the answer is no, even though the 6th amendment to the constitution guarantees everyone the right to a public trial if they’re accused of a criminal act. The United States Supreme Court has long held that this right extends to pre-trial…
The justice system has to be able to conduct lengthy criminal trials even when important witnesses can’t be there. For example, a typical murder trial will last at least two to three weeks, and may require the testimony of dozens of witnesses. Because of the backlog in our court system,…
One of the bedrocks of our justice system is the right to have a fair trial. Part and parcel of this is your right to have a jury of your peers impartially weigh the facts of your case and decide whether they believe you broke the law or not. Sometimes…