If you have been found guilty of violating crimes in California, you will undergo a presentence interview before you ever get to the sentencing phase of the process. This is basically an investigative interview with a probation officer who will be tasked with making recommendations related to your sentencing, so…
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…
Rumor has it that attorneys in some states hope for jury nullification at the end of a trial, knowing that it would be nearly impossible to get a “not guilty” verdict based on the facts of the case. What is jury nullification, and what makes it so attractive in some…
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…
If criminal charges have you headed for a trial and you are determined to testify in your own defense, be prepared for a rough cross-examination experience. Prosecutors know how to paint people in a negative light, and they will undoubtedly be prepared to try to overwhelm you with a variety…
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…
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…
Here in California and across the nation, police use spit hoods to protect officers from being spit on or bitten when individuals engage in this behavior or threaten to, during arrests, transfers, or otherwise, as necessary. It is understandable that police want to avoid such attacks—but there are real concerns…
It is a decision that must be weighed very carefully: should you testify in your own defense? About half of all defendants decide to take the stand to proclaim their innocence. Defendants with prior felony convictions are less likely to testify, often concerned that juries will discover they have had…
The federal Witness Protection Program is operated by U.S. Marshals, with the goal of providing new identities to individuals who face the possibility of vengeance from organized crime groups like the Mafia, for example, when testifying against them. Groups like these who terrorize communities or are otherwise involved in violent…