How Does the Criminal Process Work in California? When I was younger I loved law shows on TV, in particular ones that had to do with crimes, such as the Law & Order franchise. I used to watch them passionately studying the tactics, the procedures and dialogue the lawyers in the shows used. However, after […]
The Criminal Process Read More »
One of the most common questions asked of me is “What is the difference between a civil case and a criminal case?” There are many differences but some of the main ones are easy to distinguish. A civil case usually involves a dispute between private persons and/or organizations, such as a corporation. A criminal case
Differences Between a Civil and Criminal Case Read More »
One of the most dramatic manhunts in US history has come to an end with many questions still unanswered. One of them is how to treat Dzhokhar Tsarnaev within the legal system. Senators John McCain (R-Ariz.), Lindsey Graham (R-S.C.) and Kelly Ayotte (R-N.H.) and Representative Peter King (R-N.Y.) issued a joint statement commending law enforcement
Boston Marathon Bomber an Enemy Combatant? Read More »
On June 17th, the Supreme Court of the United States ruled 5 to 4 to uphold the 1992 murder conviction of a Texas man named Genovevo Salinas (Full Story). He sat silently when the police questioned him about the shotgun shells that were found at the scene of the murder and traced to his shotgun.
Right to Remain Silent? Read More »
On June 20, 2013, The Supreme Court of the United States ruled in favor of the First Amendment’s protection of free speech striking down part of a Federal law regarding funding. The law had required all groups that receive funding for fighting AIDS globally to announce policies “opposing prostitution and sex trafficking.” Several of the
Can Government Funding Regulate Speech and/or Policy? Read More »
In the July 2013, California Supreme Court case People v. Davis, Mr. Davis was arrested at a rave party after he sold blue pills to an undercover officer. The California Health and Safety Code lists methylenedioxy amphetamine (MDA), commonly known as Ecstasy, as a controlled substance. However, subsequent tests revealed that the blue pills contained
Elements Of A Crime Read More »
Whether watching court trials on the news, movies or popular television shows, we all have been exposed to some kind of court proceeding. Perhaps one of the most memorable events during a trial is when you see an attorney yell “objection!”, when opposing counsel is questioning a witness. While there are many objections an attorney
The Hearsay Rule and Its Exceptions Read More »
There are several different violent crimes a person can be charged with in the United States of America. One such example is Murder; which is defined as the intentional and unlawful killing of another human being. However, there are different degrees of murder a person can be charged with. Professional athlete Aaron Hernandez (formally of
Aaron Hernandez and First Degree Murder Read More »
On October 2, 2013, a jury found AEG Live not liable for negligence in the case of KATHERINE JACKSON, ET. AL. VS. AEG LIVE LLC, ET. AL. (Los Angeles Superior Court Case #: BC445597). The case was filed by the family of Michael Jackson, one of the world’s biggest Pop Stars. The verdict shocked not
Negligence and Michael Jackson Read More »
While some states restrict expungement of records to cases in which the defendant was innocent or wrongfully prosecuted, California is more willing than other states to give criminal defendants a fresh start following a criminal conviction. In People v. Parker, a June 24, 2013 decision from the Second Appellate District, the Court considered the case
Court Upholds Broad-Based Expungement Read More »
71-year-old Herman Wallace died on October 8, 2013, approximately one week after being released from prison in Louisiana. Mr. Wallace, a member of the Black Panthers and one of the Angola 3, was convicted of armed robbery in 1971 and sent to Angola State Prison. The next year, he was accused of fatally stabbing a
Man Held In Solitary Confinement For 41 Years Read More »
The Supreme Court of the United States of America is the highest court in the country. The Court hears cases that are on appeal from a United States Circuit Court decision. The Supreme Court can choose to overturn the opinion of the lower court, or they can rule Stare Decisis, which is Latin and translates
Law Enforcement and Qualified Immunity Read More »
