When bail is set, a defendant can post that bail in order to get out of custody pending the resolution of the criminal case. Sometimes, mostly in drug and financial crimes or fraud allegations, a "1275.1 hold" will prevent the defendant from posting bail unless a hearing is first held. A hold is placed on … Continue reading What is a Penal Code 1275.1 Hold on Bail?
The statement is a jarring one. Most of us react to such claim by saying "that's exactly what it means, actually." But aside from making a controversial billboard, the attorney that decided to make this statement the headline for his advertising started an important discussion. If you've ever served on a criminal jury, you know … Continue reading “Just Because You Did It, Doesn’t Mean You’re Guilty.”
The title is a bit misleading, because really, one can be arrested for any alleged crime. The important questions are whether the officer had probable cause to make the arrest and whether the prosecuting agency, later, has enough evidence to meet their burden at trial. But to answer the question posed, yes. California law allows the … Continue reading Can You Be Arrested, Charged And Convicted Of A DUI In San Diego County If You Are Not Observed Driving?
Incredible Story of a Once Bank Robber Turned Georgetown Law Professor
BuzzFeed has reported that DC prosecutors have sought and obtained warrants to search over 100 phones of those arrested and charged with rioting. They also report that many were legal observers and journalist, which triggers interesting questions regarding the First Amendment and the protection and freedom of the press. The government's ability to search our … Continue reading Mass Phone Searches Following Inauguration-Day Rioting Arrests
Each day, thousands of people request entry into the United States via the San Ysidro port of entry. At the border, individuals have significantly reduced constitutional protections against unreasonable searches and seizures; in fact, many detentions and searches are not deemed unreasonable because of the great national security interests. Of course, the main purview of … Continue reading Legal Implications of Customs and Border Protection Officers Making Arrests for Suspected Violations of State Law
A prosecutor in the UK thought so, when charges were filed against a woman for leaving a voicemail calling the alleged victim a “pu**y.” Apparently, the defendant had been trying to collect on a debt when the “criminal act” was committed. The court ultimately dismissed the case and expressed its displeasure with the prosecution’s efforts. … Continue reading Can Using an Insult Subject You to Criminal Charges?
We've all heard of the serious jailhouse informant issues plaguing the fair administration of justice, most notably, the Orange County case that is drawing attention from The U.S. Department of Justice. There, the constitutional abuses have been described as "systemic." Generally speaking, a jail house informant that receives a benefit for testifying against a defendant … Continue reading Lawyer Mocks Jailhouse Informant Witness, Gets Reprimanded
The ABA Journal is profiling a story where the Lea County Public Defender is refusing to provide lawyers in some cases and is being fined as a result. The PD says that while he acknowledges his statutory duty to provide lawyers to represent those who qualify, he also is reminding the state that he has … Continue reading New Mexico Public Defender’s Office “Goes on Strike”
This is a sad story. Judge that was investigated for allowing her law clerk to wear her robe and rule on traffic cases was found to be suffering from Alzheimer's. Check out the article on the ABA Journal site. One question that hasn't been answered is whether the law clerk (an attorney) could face any … Continue reading Judge Allows Law Clerk to Rule on Cases