Articles Tagged with criminal defense

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When tempers are hot and alcohol mixed in, the resulting chaos can be quite serious. Bar fights are notoriously erratic, oftentimes leading to unanticipated consequences. In addition to the mental and physical outcomes, you could wind up with legal charges that might be a very unpleasant and life-altering part of the equation– one that you likely did not factor into your night out. 

California Brawls in the News

Californians are not immune to drinking a little too much and then becoming involved in public altercations:

  • A San Diego bar manager was killed after an angry man punched him because the manager had asked several patrons to leave the premises. 
  • After a political discussion erupted into an argument in a Laguna Beach bar, one man followed others out of a bar and ran them down with his car, causing serious injuries.
  • An Anaheim bar fight involving 10 individuals resulted in five people sustaining stab wounds and lacerations after at least one person brought out a knife.
  • After a man with formal boxing training was involved in an altercation with a drunken individual who became aggressive, the inebriated man was killed in a Laguna pizzeria/bar.

Possible Criminal Charges 

These cases involve individuals who lost their cool and became involved in violent encounters. These individuals, and many other Californians in similar circumstances, may face charges, including:

  • Disturbing the peace:  Simply challenging someone to fight, as well as actually fighting in public, could result in charges (Penal Code 415) that could land you in jail for 90 days and stick you with a fine of $400.
  • Battery: Penal Code 242 may be charged if violence or force is used against another person, which could put you behind bars for six months and tack on a $2,000 fine. That’s if there are no serious injuries.  If a victim endures serious harm, felony charges could lead to four years of incarceration in state prison.
  • Assault: Depending on the type of assault, an aggressor could face anywhere from six months in jail for simple assault to 25 years in prison if a weapon was used and a fine of $1,000-$5,000. 
  • Hate crime enhancements: Any of these sentences could be considered hate crimes if the victim was targeted based on race or sexual orientation, which could tack on another one to three years of incarceration. 

Continue reading

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If you have been charged with stalking in the state of California, you could be facing some grim time behind bars. Now is the time to get a proficient, tough attorney at bat for you. 

What Constitutes Stalking?

When someone persists in malicious, unwanted behavior that any reasonable person would be wary of, criminal charges could ensue. The types of behavior that could lead to stalking charges include:

  • Following and/or surveilling them;
  • Insistently calling, sending gifts, texting, or otherwise contacting someone, hanging around their place of work or school; showing up around their home, or repeatedly “running into them” in social settings;
  • Threatening, upsetting, or intimidating them;
  • Trying to garner personal information from their co-workers, friends, or family;
  • Ruining, defacing, or destroying their property and/or belongings.

Aggravated Stalking

Aggravated stalking involves threats that might lead the victim to fear bodily harm and/or death. 

Facts About Stalking

Stalking is a crime that triggers dread in victims, families, and communities, and it is regrettably far more common than one might think:

  • Each year, about 13.5 million people are stalked in America;
  • About 30% of women and 12% of men in this country will have some involvement with a stalker at some time; 
  • Over seven in ten stalking victims endure threats of physical harm;
  • 84% of stalking victims concede that they are worried about their safety;
  • 10% of stalking cases drag on for five years or more;
  • One in five stalkers threaten victims with weapons;
  • Roughly12% of stalkers eventually relocate to escape their stalkers;
  • 40% of stalkers are current or previous intimate partners;
  • 20% of stalkers are strangers to their victims;
  • One-third of stalkers have participated in previous stalking ventures;
  • Four percent of stalkers are authority figures.

Penalties for Stalking

The court may issue several orders to protect the victim of stalking:

  • The stalker must stay away from the victim’s school, home, workplace, or other specific locations;
  • The stalker may not contact, threaten, or intimidate the victim and household members;
  • The stalker must comply with any other court orders.

Additional legal penalties for stalking depend on the type of offense and the number of offenses:

  • Misdemeanor stalking: one year in jail and $1,000 in fines;
  • Violating a Protective Order: two to four years imprisonment;
  • Felony Stalking: two to five years in prison.

If a victim of stalking has a reasonable long-term fear of being physically harmed or killed by the stalker, and the stalker is convicted of a felony, the court will also restrict the stalker from possessing, owning, or having any contact with a firearm, and they will have to surrender any firearms they already have in their possession. Continue reading

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A judge was accused of sexual harassment and mistreating staff and attorneys in Contra Costa County and subsequently lost his law license as per the State Bar’s determination. He then went into therapy for six months, consulted with fellow judges, did some volunteer work, and claimed that he had learned his lesson and would not repeat the kinds of behaviors that had gotten him into trouble. The Commission on Judicial Performance, which reviewed the case, reinstated his legal license, which allowed him to practice law again, although it did not return him to the bench. The Court’s ruling was based on their perception of this judge as a conscientious and exemplary judge who had simply engaged in some offensive and discourteous behavior toward women for a decade or more. 

What Usually Happens When Judges Break Oaths or Laws?

The story is not really out of the ordinary in some ways—although the penalty to the judge was harsher than what is typical for judges who get into trouble. People may be surprised to learn that roughly nine out of ten judges across the country who obviously violated their oath of office and sometimes even broke the law managed to keep their jobs on the bench. Some of the shocking judicial behavior that was deemed unethical or worse include:

  • One judge who was known for being harsh with minorities and the poor sentenced a single parent to almost 500 days in the clink because of unpaid traffic tickets; the judge was required to endure an 11-month suspension without pay;
  • Three judges who got into an inebriated squabble in a parking lot at 3:00 in the morning, (resulting in two of them getting shot), were able to return to the bench after being suspended.
  • Another judge barged into the jury room as they were deliberating a case to proclaim that God had told him that the defendant in the case was innocent. That judge only received a warning and went back to his job on the bench (although the case in question was turned over to another judge).
  • Finally, a judge who violated nepotism rules when he assigned cases to his son was ultimately allowed to retire rather than face sanctions after an investigation into the charges.

Judicial Oversight

California, like all other states, has an agency whose job it is to investigate allegations of judicial misconduct. These agencies have the authority to discipline judges with anything from reprimands up to removal. But there are those who believe these panels, generally composed of judges, lawyers, and others associated with the law, often err on the side of safeguarding the reputation and rights of judges rather than really exacting reasonable punishments. So, although thousands of people are impacted by the questionable actions of omnipotent judges, the system to hold judges themselves accountable is considered by many to be weak. Continue reading

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What is more terrifying than being charged with a crime that could land you behind bars for an extensive period of time? Going to trial means that a judge and up to a dozen strangers hold your future in their hands. How will they judge you? How will their life experiences play into their view of the case against you? These are critical questions—questions that are often studied by jury consultants. 

Who are Jury Consultants?

People with backgrounds in communication, law, social sciences, and linguistics may choose to enter the world of jury consulting. These individuals hold degrees ranging from bachelor’s to Juris Doctor. Their job is to focus on a range of issues related to jury selection. Consultants can play a key role in guiding research, detecting suitable prospective jurors, preparing witnesses for the stand, and responding to the unavoidable changes that occur throughout any major criminal trial.

They Conduct Research

Often, a consultant spends a chunk of their time on research. They may run mock trials, conduct online research related to potential jurors, and consult with clients to develop themes and examine potential issues with evidence.

The Help With Jury Selection

Many consultants spend substantial time in the courtroom and contribute to the process of jury selection. Prior to jury selection, or Voir Dire, consultants may guide attorneys on ways to make a positive first impression on potential jurors. They may even assist in developing questions that help to determine which jurors might be most receptive to their case.

They Help Prepare Witnesses for the Stand

Many consultants’ chief job is assisting in preparing witnesses. This is especially helpful because the average person has never seen the inside of a courtroom, let alone been expected to testify and be cross-examined. In addition to preparing witnesses for the expectations and procedures in court, consultants might assist with things like what to wear, how to present themselves, and how to communicate effectively. 

The Monitor

Throughout the trial, consultants often continue to monitor witnesses.  Which ones lack credibility? Who is not very likable?  These things can influence the approach and course of the defense team.

Are Jury Consultants Necessary?

Naturally, there is a legal team in place to take care of all of this. Even so, some clients may wish to have a jury consultant available to assist. Over time consultants have been involved in a number of high-profile cases, including the trials of O.J. Simpson, Scott Peterson, Bill Cosby, and Kyle Rittenhouse. And in the current criminal proceedings against Donald Trump, a well-known jury consultant has been employed. Continue reading

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If you are facing criminal charges, there may be circumstances when a change of venue is appropriate. What are those situations, what are the benefits of such a change, and what are the procedures to get a change of venue?

When is a Change of Venue Request Appropriate?

There is an array of reasons for which a change of venue may be requested. Obviously, if the charges were filed in the wrong court, to begin with, there will be a venue change—but there are other reasons for a change, as well. The bottom line is that every defendant deserves a fair and impartial trial. One key reason might be if the defendant believes it will be impossible to find an impartial jury, such as when a case has been locally publicized and there is strong public sentiment about it. Especially if there has been frequent and significant coverage related to the event in question, it may heavily influence prospective jurors. Likewise, if the political climate in an area is decidedly against a particular defendant (for being Black or LGBTQ, for example), it is possible a change of venue might be granted. Additionally, a change might be in order if the judge appears to be prejudiced, if a qualified judge is not available, or if the location of the court is substantially inconvenient for the non-party witnesses involved such that it would interfere with providing an unbiased and timely trial.

Steps in the Change

In order to get a change of venue, a motion must be filed with the court within a particular time frame. If the request is granted, the judge involved will suggest alternate sites for the trial based on the specifics of the case. At that point, the Judicial Council of California looks into other courts to consider issues like security issues, staffing needs, media involvement, costs, the presumed length of the trial, and other considerations specific to the case. The Judicial Council then provides three or more alternative courts that could handle the case to the judge who granted the venue change. A hearing is then held by that judge where the opinions of both sides in the case are considered, and a new venue is chosen. That decision then makes its way to each court that had been under consideration. The whole process generally takes a couple of weeks in most cases. Continue reading

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We all know that a warrant has many purposes: a search warrant entitles law enforcement to search specific persons or property; an arrest warrant identifies someone who will be going to jail. But what is a reverse warrant, and how does it impact you? The fact of the matter is these reverse warrants literally scoop up huge quantities of private information, never having identified a particular criminal suspect and never showing probable cause that the evidence they are seeking will be found in corporate databases being searched. 

Understanding Reverse Warrants

Law enforcement personnel have been using reverse warrants for years, and organizations like the ACLU have been increasingly alarmed.  That’s because such warrants look at wide groups of people, most of whom are not even suspected of criminal activity. These warrants have several uses, but the most widely used include:

  • Reverse location warrants, sometimes called geofence warrants, which are used to identify all the people who were within a particular area during a particular time;
  • Reverse keyword warrants, which are used to identify anyone who entered a specific word or group of words into their search engines during a particular time frame, often in a specific area.

More Reverse Warrants Every Year

Google, the biggest target of reverse warrants, has seen an increase of over 1000% in federal reverse warrants over a two-year period, with an over 800% increase in state/local law enforcement over the same time frame (California’s increase reached 813%).

Google Wants Out of the Geofence Business

The Fourth Amendment prohibits unreasonable search, and it seems clear that throwing out a wide net in hopes of catching a criminal is invasive and unconstitutional. As Google felt pressure building to involve them in data collection, they moved location data that used to be sent to the corporation to now be stored in a user’s phone. Fundamentally, it takes Google out of the geofense equation, as they will no longer have access to user’s location information. As a result, fewer innocents will be dragged into law enforcement dragnets.

Reverse Keyword Searches

Despite progress with geofences, the problem with reverse keyword searches is still a huge issue, particularly in this age of shrinking women’s rights. The government still has access to the computer searches of countless Americans whose involvement in criminal activity is nonexistent. The unchecked power of law enforcement is being challenged in courtrooms across the country, but the battle is slow. Continue reading

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The media was all a-flurry when news of Judge Tanya Chutkan issuing a partial gag order on former president Donald Trump in prior to his scheduled D.C. trial. Mr. Trump naturally cried foul, claiming the deep state and the White House is trying to rob him of his right to free speech as he jockeys for another stint in the white house. So, what do we know about gag orders in general, and Mr. Trump’s in particular? 

What is it?

First up on the docket: what is a gag order? In terms of criminal trials, a gag order is a court-issued decree that impacts a person’s ability to discuss a case. While they usually are issued to defense attorneys who may be inclined to sway public opinion on a case with slanted media interviews, in Mr. Trump’s case the order was directed at both the attorneys and the defendant himself. That is because Trumps’ social media and news presence is so pervasive, and because his social media posts, in particular, have been pretty inflammatory.

Why Trump’s was a “Partial” Gag Order

Yes, Mr. Trump is running for president. He has the right to make speeches, to complain about the opposing party, and to denigrate the current man in the White House, not to mention the justice department. What he cannot do, according to the judge, is disparage prosecutors, court employees, or witnesses, or any of their families. Since former Vice-president Mike Pence is both a witness and a political foe, specific instructions were given as to the kinds of comments Mr. Trump can make about Mr. Pence. Criticisms about Pence’s political platform: okay.  Suggestions Pence should not testify at trial or cannot be trusted to tell the truth: not okay.

Why Courts Impose Gag Order

There is nothing new about issuing a gag order in a criminal trial. In fact, you could almost say they are routine in cases where a judge would like to limit public discourse on a pending trial. And why would they want that? Some cases are so volatile that there is a concern that either witnesses will be influenced, or even intimidated, or that the jury will be tainted. In the case of Mr. Trump, the judge specifically noted that the integrity of court proceedings was at risk without the partial gag order. And as far as free speech is concerned, the court must consider the right to a fair trial and the safety of everyone just as much as it weighs one’s right to speak out in public.

What if a Gag Order is Violated?

Any time someone chooses not to adhere to a judge’s decree, it could mean trouble, and that is the case with gag orders, too. Typically, offenders could find themselves facing court admonishment, fines, and loss of liberty.  Mr. Trump has been warned of those possibilities, including the potential of house arrest or time behind bars. Continue reading

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If you have been convicted of a criminal offense in California, there is a good possibility that at some point you will experience adult supervision through a California parole program. What can you expect? 

Parole

Parole services are individualized based on a parolee’s needs and the need to protect the community. Reintegration can be a difficult process, so intensive supervision and support are available as needed, and can be adapted with time. Some of the services include:

  • Re-entry supervision at regular and intensive levels is available to help the individual make a successful transition from an institution into the community.
  • Electronic supervision may be used for parolees who require more structured requirements.
  • Specialized programs to assist with issues such as substance use disorders, mental health issues, anger management, as well as programs to address the unique needs of sex offenders and former gang members are available. 
  • GED preparation courses are available, along with employment services and life skills classes.
  • Personal assistance in the form of clothing, cash, transportation aid, parenting classes, and other forms of counseling are available for those who could benefit.
  • VIP—Volunteers in Parole—assigns attorneys who volunteer to mentor parolees.  

Rules for Parolees

Life is no picnic for parolees, as they are held to strict requirements until their stint with the program ends. Parolees need to be ready to give up some of their self-determination and color within the lines.  Just some of the conditions of parole include:

  • You and everything you own, as well as your residence, can be searched at any time for no reason at all.
  • Your Parole Officer (PO) needs to know where you live and work at all times, and must be notified of changes before they occur.
  • A warrant for your arrest can be issued if you miss any meetings with your PO.
  • You need your PO’s permission to travel more than 50 miles.
  • If you want to leave the county for more than two days you need your PO’s okay.
  • A travel pass from your PO is required for any out of state travel.
  • You cannot be anywhere near weapons, especially guns and ammunition, even toy weapons that look real.
  • You can’t have a knife with a blade longer than two inches.
  • If you work with knives, you need your PO’s permission, and cannot have the knives outside of work unless you have a note from your PO on your person at all times.

Continue reading

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Everyone knows that the media has an intense impact on modern society.  Whether you are talking about television, radio, and other digital forms of media, you can find virtually any information you want, from the current score in a college ball game to weather information across the globe and the latest in politics from your state, the nation, or the world. So, it is certainly not a shock to learn that the media has the potential to influence attitudes and beliefs.  While the value of this is debatable, it can, in fact, be problematic when media coverage influences attitudes about current criminal cases. That is because the criminal justice system relies on the open-mindedness of jurors when deciding a case. When a juror has heard about a case, it could influence their feelings about a defendant. Additionally, cameras in the courtroom could influence the way witnesses or jurors behave. It is a big deal, especially when defendants are facing serious penalties. 

Pre-Trial Publicity

When it comes to finding jurors who can look beyond their own bias, high-profile cases can be especially challenging when the media has implied innocence or guilt. A juror’s impartiality is scrutinized during voir dire, the selection process. At that time, both the prosecution and the defense attorneys are permitted to question members of the jury pool. Some of that questioning could relate to each juror’s exposure to various media reports related to the case. Judges and attorneys recognize that media can prejudice people, even though they may not realize it themselves.  In cases where a juror does believe that they can act with impartiality and follow the instructions issued by the judge, they may be eliminated for cause by either side. 

Bias on the Bench

Of course, judges are people, too, and thus are equally susceptible to the media they consume.  One study concluded that elected judges are susceptible to thoughts relating to public views of crime, which results in more punitive sentencing when cases are widely reported. 

Capital Cases

Capital cases can be particularly tricky, both because they are emotionally charged and because they have had top media coverage. In these cases, jurors must be “death qualified.” They will be questioned as to whether they believe they will be able to weigh the evidence presented, including aggravating or mitigating evidence, and truly contemplate a possible sentence of execution and/or life in prison. This can be difficult for anyone, especially if the media has had a strong impact on one’s view of the case before it gets to trial. Research indicates that death-qualified jurors are more likely to watch the news daily and lean toward the prosecution.  Continue reading

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Whether you are elated or disgusted by the fact that former President Trump was indicted, you are likely curious as to what that means. The district attorney from Manhattan, Alvin Bragg, pursued charges, announced the indictment, and arraigned Mr. Trump after years of questions about the former president’s involvement in a hush-money scheme, surprising many onlookers.  How did it all happen, and how will Trump’s experience with a criminal indictment parallel that of a typical person? 

What is an Indictment, Anyway?

While most people have heard the term “indictment,” many are unsure as to what it really is. In a nutshell, an indictment is simply the formal term used to encompass an accusation of legal wrongdoing. In criminal court, it means that the district attorney calls for a grand jury made up of randomly picked typical people to hear evidence against a particular individual. Unlike a regular jury, this panel of people weighs information without the presence of a judge, questioning witnesses at will. A simple majority ultimately must determine that there is enough evidence to pursue an indictment. 

More About the Grand Jury

A grand jury’s work is done outside of the public eye. The evidence they hear is one-sided because they are dealing with the question of whether or not there is evidence of criminal activity worth pursuing. Later, as in the case of Mr. Trump, if the grand jury votes to indict, the defendant will have an opportunity to stand trial before a jury of peers who hear both sides of the case in a more adversarial setting. Prior to any trial, however, attorneys for the defense may move to have the case dismissed. It could take months, or even years, for a case to finally land in a courtroom for the trial.

After the Indictment

Once a defendant is indicted, they are Mirandized and arrested. That often involves negotiation as to how and when the defendant surrenders to have mug shots and fingerprinting done. Unlike most defendants, Mr. Trump did not have a mugshot taken, largely because it was deemed unnecessary due to his public status. From there, the defendant is given the opportunity to plead guilty or not guilty (Trump pleaded not guilty). The judge then rules on conditions for release by setting bond, releasing on recognizance, and so forth.

Worth Noting

It is important to emphasize a few key points:

  • In this country, a defendant is still considered innocent until proven guilty. The prosecution must prove guilt; the defense has no obligation whatsoever.
  • An indictment is an accusation, not a conviction.
  • Prosecutors must rely on the vote of a grand jury before they are able to indict anyone.
  • Following an indictment, the conviction rate is over 90% Continue reading
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