San Diego Criminal Lawyers BlogU.S. 9th Circuit Court of Appeals Judges Jay S. Bybee, a George W. Bush appointee, and Stephen Reinhardt, appointed by President Carter, are expressing their frustrations in a California Supreme Court ruling that would allow a state prisoner to challenge his detention in federal court. The case, Freddy Curial v. California dealt with legal deadlines, […]
Search Results for: constitutional
Criminal and Constitutional Rights of Corporations: Apple’s Example
In an unprecedented case, Apple, the ever-popular electronics company, has argued that the FBI is violating its constitutional First amendment rights. In a 36-page legal brief submitted in the District Court: Central District of California, Apple made its first formal rebuttal to a court order ordering Apple to code a software that would make it […]
Freddie Gray Tragedy a Lesson in Constitutional Rights
As Baltimore becomes the latest casualty of events transpiring from police brutality, another Justice Department investigation is underway for the multitude of constitutional rights Freddie Gray may have suffered at the hands of police. Most people don’t think of criminal law as being fundamentally intertwined with our basic constitutional rights, or even as a ‘subsect’ […]
California Supreme Court Says Sex Offender Residency Law is Unconstitutional
Earlier this Week, the California Supreme Court decided unanimously that blanket, statewide bans on where sex offenders may not live (“Jessica’s Law”) violate the constitutional rights of parolees in San Diego County. Jessica’s Law (aka Proposition 83), named after a 9-year-old girl who fell victim to a sex offender who failed to report his whereabouts, […]
The Realities of Racial Profiling
While there are those who assert that racial discrimination is an atrocious—albeit ancient chunk of American history, there are more than a few people of color who beg to differ that it has been alleviated in modern times. Discrimination based on race, ethnicity, national origin, and religion can be debilitating in all kinds of settings, […]
Could You Be Deported for Committing a Crime?
For non-citizens living in the United States, following all laws is crucial. While it is true that the idea of incarceration and fines is upsetting to anyone, things can get much more problematic for immigrants who lack U.S. citizenship. That is because, in certain situations, criminal activity could result in deportation. The rules set out […]
Can I Withdraw My Guilty Plea?
Let’s say you pleaded guilty—or even a no-contest—and have since thought about it and decided that you made the wrong move with that plea. Maybe it was part of a plea agreement, and you were so frightened by the thought of a long prison sentence that you copped to lesser charges just to avoid that […]
Having Charges Dropped or Dismissed
Anyone facing criminal charges is hoping for an outcome other than a guilty verdict. That can come through an acquittal, although sometimes it is quicker and easier to have the charges dropped or dismissed before ever reaching a courtroom. How can any of these results find their way to your case? Dropped Charges Criminal charges […]
What are the Chances a Judge Issues a Gag Order for Your Trial?
The First Amendment guarantees the right to free speech in this country. Nonetheless, we hear about judges issuing gag orders in high-profile cases, clearly restricting the speech of individuals connected to both civil and/or criminal trials. What gives? The Point of Gag Orders Judges typically issue gag orders—sometimes called non-dissemination orders– to restrict people from […]
Have You Been Charged With Hazing?
Hazing occurs in high schools and colleges across the country, notwithstanding extensive publicity detailing the dangers associated with it, in concert with laws on the books penalizing those who perpetuate it. Here in California, we have seen our fair share of hazing resulting in horrendous outcomes: A high school football player in Rancho Cucamonga pleaded […]