Articles Tagged with California criminal defense attorney

If you are headed for a criminal trial, you are relying on your attorney to create reasonable doubt of your guilt in the minds of the jury. What does that mean, and how is it achieved? 

The Meaning of Reasonable Doubt

The prosecution has the burden of proof, meaning they must present proof that you are guilty beyond a reasonable doubt. In other words, the jury must be definitively convinced that you are guilty. If they have any doubts as to your guilt, they must be based on common sense and reason, not simply speculation. Their doubt can be grounded in evidence–or the lack thereof—all of which must have been weighed with vigilance and impartially. Anything short of finding reasonable doubt means a jury must find you guilty. What does that mean for your defense attorney?

Crafting Reasonable Doubt 

The importance of the fact that the law considers you innocent until proven guilty cannot be understated, and proving guilt beyond a reasonable doubt—an extremely high legal standard—is the burden of the prosecutor. Intended to protect innocents from wrongful conviction, the reasonable doubt standard can be difficult to achieve. That being said, your defense attorney will assault the prosecution’s case on numerous levels in order to demonstrate that the prosecution did not prove guilt beyond a reasonable doubt.  Some strategies might include:

  • Challenging witness credibility by emphasizing a witness’s criminal history, hidden motivations, or potential biases that might sway their testimony;
  • Highlighting any procedural errors made by police, including there being issues with the legality of a search, a failure to Mirandize you, or mishandling of evidence, for example;
  • Pointing out issues with the analysis of the evidence by bringing in expert witnesses who interpret the evidence differently or who question the soundness of the analysis or the science behind the technology;
  • Underscoring inconsistencies in the prosecution’s case, such as conflicting witness statements or ways in which various evidence points to different conclusions;
  • Emphasizing the lack of convincing evidence provided by the prosecution and insisting that the prosecution did not meet its burden of proof;
  • Providing a strong alibi for you, showing how and why you could not have committed the crime;
  • Offering alternate theories of the case by suggesting different timelines, suspects, or motivations that seem plausible.

Goals

Naturally, any defendant is hoping and praying for an acquittal, allowing you to go on with your life and put the trial behind you.  Other favorable scenarios that are possible a strong defense is presented include: 

  • Dismissal: The judge might find that the prosecution simply cannot meet the high burden of proof and could dismiss the case before it ever gets to the jury.
  • Plea Bargain: The prosecution could fear a shift in the jury toward the defense and offer an advantageous plea deal for you to consider.

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The implementation of social media by prosecutors and police to investigate and prosecute criminal activity has seen a marked increase in recent years. Because relatively few legal restrictions on the use of such media exist for them, it’s an easy access point. Social media—including posts in places like Instagram and Facebook, texts, and emails, can provide a range of potential evidence that can be used by police and prosecutors to build a case against any given suspect. Social justice advocates and others, though, have concerns that vulnerable fragments of society are being marginalized and stigmatized when social media is used in this way. Public defenders, as well, have grievances related to their disadvantage when having access to certain social media. 

How is Social Media Impacting Investigations?

There are several ways in which law enforcement can use social media during a criminal investigation: 

  • Determining the location of a suspect through geo-tagging; 
  • Monitoring posts for evidence of criminal associations or activities;
  • Interfacing with suspects using undercover profiles;
  • Influencing the direction an investigation takes.

Additionally, since many law enforcement agencies have their own public social media sites these days, they can paint a picture of who they believe is involved in crime, which often fortifies stereotypes. One study, in fact, found that although Blacks made up just 20% of those arrested for those crimes,  they were called out in about one-third of posts related to crime.

Using it as Evidence in the Courtroom

When prosecutors introduce evidence from social media, it can be very damaging to defendants. Many assume that social media accurately reflects an individual’s reality, even though we know that a lot of bravado and swagger goes into posting, as people attempt to impress various audiences. Without question, the social norms dictating behavior in various communities could easily be misinterpreted, leading to suspicion and negative conclusions directed at young Black men and others. This has been a consistent concern in gang cases and in cases related to sexual violence.

Unequal Access

Much of this type of evidence is protected by privacy laws from non-government agencies, which are therefore barred from accessing it. Instead of getting the cooperation given to law enforcement in so many of these cases, defense attorneys find themselves struggling to get social media companies to share information. Even when they do get access, it is often very limited, making it much less useful in court.

Defendants Should Avoid Social Media

After being charged with a crime, defendants are encouraged to stay away from social media because it will likely be monitored by opposing counsel. Anything prosecutors get their hands on could later be presented in a negative light.  Best for unwitting defendants to avoid giving prosecutors ammunition to use against them in court. Continue reading

One in ten accusations of domestic violence are false: that is according to a 2023 survey, Most of these allegations target a male, although women, too, have been falsely accused. If you are on the receiving end of false accusations, you need an aggressive and dedicated criminal defense attorney looking out for your rights. 

Reasons for False Accusations

Both families and the justice system are in peril when malignant and untrue accusations of domestic violence are leveled against an innocent individual. According to The National Registry of Exonerations, perjury and false allegations result in a whopping 61% of wrongful convictions. Regrettably, these sorts of claims are often made by divorcing parents as a means to create parental alienation between children and their other parent. The claims are frequently a cruel form of vengeance, though they may also be the result of mental health issues or influence from family and friends. Regardless of the motivation, it is possible to fight back, and that is happening with more and more frequency these days.

Fighting Back

There have been a number of high-profile cases in the news of false allegations that did not pan out as planned by accusers:

  • Ashley Smithline was forced to retract rape accusations against Marilyn Manson, admitting that she had been pressured to accuse him.
  • Amber Heard found herself forking over $1 million to the accused after she made false and defamatory accusations of domestic violence against Johnny Depp.
  • Charges against Armie Hammer were dropped after he provided proof that he was in a different city at the time of the alleged violence.

Penalties for False Reporting

To be clear, an accusation of abuse that is false is a misdemeanor in California, subject to penalties based on the severity of the offense.  If the case makes it to trial and the accuser engages in perjury, they could be charged with a felony and face four years in prison, in addition to substantial fines.

Defending Against False Accusations

It can be unsettling to be accused of something you didn’t do, especially if it could result in the fracturing of your family. A vigorous defense requires that you remain calm and be smart:

  • Never respond with anger.
  • Document all interactions with the accuser thoroughly, and save all communications like phone messages, texts, emails, and so forth.
  • Avoid social media and public discussions of the matter.
  • If the accuser gets a restraining order, obey it to the letter.
  • When you go in for the pretrial hearing, calmly and convincingly refute false testimony with solid proof. Don’t fall for any emotional ploys or attempts to get you to react with anger.

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What would you do if you came upon a dead body? Call 911, of course! As much as that is the proper thing to do (what else would you do, after all), it’s a bit alarming to know that police departments across the country have been participating in training classes designed to help them determine the innocence or guilt of a 911 caller, simply by listening to the 911 call. People are going to prison based largely on the analysis of these calls. This is even though many consider the science behind 911 call analysis to be shoddy, at best. 

The Assertions

Tracy Harpster, the creator of the theory that a 911 analysis can detect guilt in a caller, claims that by studying 20 variables in a 911 call, one can determine a caller’s involvement in a homicide. That is right; simply by going through a checklist related to the manner in which a caller relays events, their speaking cadence, their grammar, the degree of urgency in the call, and more, analysts can determine guilt. After studying 200 calls, some of the conclusions include:

  1. Callers who comment on the victim’s eyes are generally guilty;
  2. When a caller asks if they should touch the body, it is an indication of guilt;
  3. Callers who say, “huh?” are more likely to be guilty;
  4. Guilty callers refer to blood, while callers who are innocent will refer to bleeding;
  5. About eight in ten callers who ask for help immediately are innocent;
  6. Guilty callers acknowledge that someone has died, while innocent callers cannot accept that fact;
  7. Discussing an earlier conversation between oneself and the victim with the dispatcher indicates guilt.

Questions About the Science

There are several issues related to Harpster’s study. Harpster documented 100 calls that had been analyzed (and later another 100), though he provided no transparency relating to whether those calls were selected randomly. Also unknown is whether analyzers were aware of the outcome of the cases prior to conducting the analysis. Additionally, only calls by sober English speakers were included in the study. There were no guidelines to address issues related to a host of potential caller characteristics, including anxiety, cognitive issues, education level, speech impediments, and those for whom English is a second language, for example. 

Study Replications

Attempts have been made to replicate Harpster’s study, but none of the follow-up studies involved significant numbers, and some were related to other areas of the law, including cases of missing children and cases of military law enforcement. Not a single study has topped 200 participants in a study sample—and at least one study conducted by the FBO found major contradictions in their conclusions.  They stated that using the analysis could lead to major bias in conducting an investigation. 

One More Thing…

Harpster is making plenty of cash on his little theory—charging thousands of dollars for each 8-hour training class for over a decade. Then, those involved in the training are permitted to show up in court and testify as expert witnesses. This, despite the fact that the intricacies of human thought and behavior are boiled down to 20 markers in a decidedly charged situation, makes little sense to begin with. Continue reading

If you have been charged with a criminal offense, you know it is a jarring experience, even if you are innocent—or maybe especially if you are innocent.  Some may tell you not to fret—the truth always wins out in the end.  But the fact of the matter is that innocent people are convicted of crimes and locked up every single day across this country. What you need more than anything at this point is a hard-hitting, straightforward criminal defense attorney fighting on your behalf. 

Don’t Buy it!

Law enforcement is legally allowed to mislead—aka lie—to you in order to squeeze information out of you. So just because they tell you something, it doesn’t mean it’s grounded in fact. Additionally, television may have left you with some misconceptions. For example: 

  • If you are not read your Miranda Rights before being interrogated, a recent Supreme Court decision determined it is not a violation of a constitutional right. Instead, it violates a constitutional rule, which means you can never collect damages for violations. It turns out, sadly, that Miranda Rights are not all they are cracked up to be.
  • Officers may say that things will go well for you if you just cooperate, but that is not necessarily the case. Never say anything without your attorney present because whatever comes out of your mouth could be twisted out of context and used against you later.
  • You may be told that there is clear and damning evidence and/or testimony implicating your guilt. But police could be a police fantasy story! Don’t fall for it!
  • Police may say that if you just confess, things will get easier for you. Of course, never, never make a verbal or written confession without the advice of your attorney. You just can’t know how binding any deal the police offer you will be without your lawyer there.
  • Perhaps you will be told that if you just cooperate, you will be home in a snap. Don’t count on it. Unlike the fast-paced cases that occur every week on your favorite crime-drama TV show, once enmeshed in a criminal case, it could be a very long time before you are in the clear.
  • After charges are filed, you may think that they can be rapidly and effortlessly dropped, but in truth, the whole thing must go through a court process, which can take time.
  • You may believe that since you are innocent, going to trial is your best option–no matter what. In fact, with a trial, there will be costs in money, time, stress, and worry, and after all that, you still may be found guilty. In some cases, a plea deal is a good option, so listen to your attorney before making any decisions.

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All across the country, packages are stolen from doorsteps and porches at an alarming rate—particularly around the holidays. But with cheap, easy access to home security available to homeowners these days, more than a few porch pirates have been caught skulking around where they don’t belong, which has led to more arrests for thefts. If you have been caught up in this kind of scenario, you may be in the market for an experienced criminal defense attorney. 

Porch Pirating Facts

Package thieves–nicknamed porch pirates in reference to their penchant for plundering from unsuspecting online consumers—swipe packages from yards, porches, and doorways to the tune of billions of dollars, which is more than a little problematic and maddening to the public and to the police charged with addressing local crime. Some noteworthy facts on the issue include:

  • $12 billion in merchandise was stolen from porches and yards last year.
  • One out of every four citizens– 58 million people—were victims of porch piracy and lost packages in 2023.
  • Apartments dwellers are twice as likely to be hit by porch pirates than those who live in houses.

Precautions That Help

With the rise of porch pirates, many have started to take steps to protect their purchase, including:

  • Installing motion-detector lighting;
  • Installing doorbell cameras and other security cameras;
  • Having neighbors keep an eye out for deliveries and/or strangers.

California Law

California law punishes individuals for stealing packages and selling stolen merchandise. The penalties depend on the value of the merchandise taken. Thieves could face time behind bars, as well as fines.

Defending Charges

If you have been charged with stealing packages from others, there are a number of possible defenses worth considering: 

  • It was a misunderstanding: The package was in a public area and you thought it was intended for you;
  • It was a case of mistaken identity: They got the wrong person;
  • There was no criminal intent: You did take the package but legitimately thought it was yours (more likely in an apartment scenario);
  • The arrest involved a violation of your rights: Perhaps there was an improper search and seizure, or you were not read Miranda rights. 

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If you are facing criminal charges, you may be hoping that charges will be dropped or dismissed, eliminating the tension and cost of a trial. While plenty of defendants are not so lucky, it is certainly a possibility in many cases. 

Dropped and Dismissed Charges are Not the Same

There is a distinct difference between having charges dropped and having them dismissed:

  • Dropped Charges: Charges may be dropped at any time during a case if a prosecutor loses confidence in their chances of winning. Even if charges have not yet been officially filed, they may be dropped.
  • Dismissed Charges: Charges can only be dismissed after they have been filed, and this must be done by a judge.

Why Might Charges be Dropped or Dismissed?

There are plenty of reasons that a case might not make it to trial and a verdict. Some of the most common scenarios include:

  • A strong case cannot be developed with the evidence currently available, so proof beyond a reasonable doubt is unlikely.
  • A victim may request that the charges be dropped and refuse to cooperate with the prosecution, weakening the case.
  • There could be errors in the criminal complaint.
  • The prosecutor may lack the resources to pursue the case.
  • The defendant may be exonerated based on new evidence– even after a conviction.
  • Information central to the case may have been illegally obtained and is therefore inadmissible.
  • The rights of the suspect may have been violated—such as through an illegal search or failure to Mirandize, leading to a decision to drop it.
  • A plea deal may have been negotiated between the prosecution and the defense that drops certain charges in exchange for a guilty verdict or cooperation in testifying against others.
  • Venue issues may lead to dropped charges.
  • A Plea in Abeyance may be offered, requiring rehabilitative classes, for example, in exchange for dropped charges (although failure to complete the requirements would result in a mandatory guilty plea on the charges).

Is it the Same as Being Acquitted?

Having charges dropped or dismissed is definitely not the same thing as getting an acquittal. In the case of an acquittal, a judge or jury found that there was not enough evidence to convict the defendant. That means the defendant can never be retried on those charges—that would be Double Jeopardy. Conversely, if the charges were simply dropped or dismissed, the prosecutor could refile the exact same charges at a later date when they believe they have a stronger case. 

What Appears on My Record?

Both dismissals and acquittals will appear on one’s criminal record unless the record is expunged. Of course, neither will have the crushing impact on employment or housing that a guilty verdict has. Continue reading

Alarm bells ring when a baby dies.  In this nation, some estimate that anywhere from 1,000 to 3,000 children experience shaken baby syndrome (SBS). One-fourth of those children eventually die, and the rest suffer from lifelong debilitating issues, including seizures, behavior and learning issues, hearing loss, blindness, cerebral palsy, and paralysis. 

Is the Science Solid?

The quest for an explanation is ravenous after the death of a child. While there are many pediatricians who stand by SBS diagnoses, it must be noted that the American Association of Pediatrics (AAP) has backed away from it, stating that both legal and medical authorities had misinterpreted it. What is that about?

The Stance of the AAP 

According to the AAP, there are many conditions that can cause the symptoms associated with SBS. Norman Guthkelch–the neurosurgeon who developed the theory of SBS– believed it had been misinterpreted. For him, it was merely a suggestion to parents on how to prevent childhood injuries. Currently, many doctors agree that there are myriad issues that can cause the symptoms of SBS. Never had Dr. Guthkelch envisioned that the diagnosis would lead to the imprisonment of innocent parents who were grieving their injured or dead children. To date, there have been 32 exonerations of people who had formerly been found guilty of SBS. Will the very public case of a death penalty inmate in Texas be the 33rd exoneration?

A Recent Case 

A man’s infant daughter died after experiencing brain swelling, bleeding behind the eyes, and head bruising. The diagnosis at the time was SBS, even though the man claimed the baby had fallen from a bed. He took his daughter to the hospital and raised suspicions with hospital staff with his lack of emotion. It was just one of many factors that led to a guilty verdict and the death penalty sentence he received. (It was later discovered that the man was autistic, explaining the lack of emotion). More than two decades later, the lead detective in the case says that alternate theories to SBS were never considered or investigated. The man’s attorneys report that the baby had pneumonia at the time of her death, and it had become septic. She suffered numerous other health issues that may have contributed to her death, as well. A bipartisan group of lawmakers in Texas is calling for clemency for the man, and only time will tell how it unfolds for him. 

California Law

When a parent or caregiver is accused of Shaken Baby Syndrome in California, they may be charged with child abuse, murder, or attempted murder. These charges could put an offender behind bars for decades. Continue reading

Michigan’s school shooter pleaded guilty to a mass shooting and was sentenced to a life behind bars for his actions, but that was not the end of the story for Michigan prosecutors. It was not long before his parents were charged and convicted of involuntary manslaughter—one count for each of the four students killed by their son. Even though the shooter’s parents had not been on the scene of the shooting and had not even known what was occurring until after the fact, the law held them accountable for their son’s actions based on evidence that they had ignored the warning signs that should have forewarned them of the possibility of exactly the murderous event that occurred. That negligence cost them each 15 years behind bars. Could an incident like this in California have the same kind of result? 

Gun Violence Facts

The tragic truth is that children and adolescents die as a result of firearm interactions more often than they do as a result of motor vehicle collisions, or of any other cause, for that matter. Additionally, just the exposure to gun violence can have incredibly negative impacts on America’s youth. Every day in 2022, seven children died from gun violence across this country. Two-thirds of those fatalities were from actual assaults, while the rest were suicides (27%) or accidental (5%).

Parental Responsibility Laws

Since 1996 states nationwide have been enacting parental responsibility laws to address delinquent behavior by children. The hope to get parents more involved in their children’s lives was the driving force behind these laws. It was believed that the fear of both civil and criminal penalties would motivate parents to supervise their kids more carefully and reduce juvenile crime. 

California Law

In California parents can be held civilly liable for up to $45,000 in property damage, and can be held criminally liable for contributing to the delinquency of a minor if their neglect resulted in violent behaviors from their child. What constitutes neglect? Essentially it is just the lack of supervision, control, and protection of a minor child. For parents, the misdemeanor charge carries a 364-day jail sentence. California’s safe storage laws can come into play if a minor got their hands on a firearm that should have been safely locked up. That could add another three years in prison to a parent’s sentence. Continue reading

Neighbors called the police when they heard yelling in the apartment. They were concerned that the man’s elderly mother might be in danger after he had allegedly punched another neighbor and stormed into his home. When deputies arrived at the apartment complex, they found the man’s mother with wounds to her hands, crying in her apartment. Her son was unstable mentally, she said, and had been screaming about one of the neighbors, grabbing his mother’s hands earnestly until he broke the skin on her hands with his nails. Officers arrested the suspect on domestic battery charges, and he was held on a bail of $3,137. The man’s mother was clearly the victim of a crime, though it seems equally clear that the perpetrator was the victim of mental illness. 

Mental Health Problems Linked to Crime

According to a plethora of research, people who suffer from psychiatric disorders have a higher likelihood of committing crimes. Without proper treatment, these individuals tend to experience cognitive impairments, delusions, hallucinations, and paranoia. They are also more likely to experience substance misuse disorders, homelessness, and unemployment. These factors all interact, making people with mental health issues more likely to be involved in criminal activity, and violent crimes in particular. Even so, they are more likely to be victims than to be perpetrators.

Help is Limited

People experiencing mental illnesses often have a tough time accessing treatment for their mental health conditions. A dearth of treatment facilities, combined with exorbitant costs related to treatment, leads many of those suffering from serious mental health conditions to do without the help they need. It is clear that individuals who have a support system and health insurance are much less likely to engage in additional crimes following their release from jail, largely because they have better access to the help they need. 

Arrests of Mentally Ill Individuals

People with mental illnesses are arrested and imprisoned disproportionately in comparison to the rest of the population. This seems to be in large part because society simply does not know what else to do with them. Minor issues like jaywalking result in preventative arrests to keep these people off the streets temporarily, perhaps in the hopes that being locked up will limit their ability to commit more serious crimes. The truth is that roughly four in 10 men incarcerated across the country suffer from mental illness, and two in three women who are incarcerated are suffering from mental illness. When it comes to juveniles, the numbers are even more alarming: seven in ten youth in the juvenile justice system have mental health conditions that impact their lives. Continue reading

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