Recently, the United States Supreme Court has held that the age of a child subjected to police questioning is a relevant factor to consider in determining where a minor must be given Miranda warnings before being questioned by law enforcement officers. Under Miranda, an individual must be advised of the “Supreme Court: Age of a Child is a Relevant Factor in Miranda Cases”
Plea Bargaining Resolves Most Criminal Cases in San Diego
Plea bargaining or case settlement is usually referred to negotiation between the prosecution and defense in order to resolve a criminal case without going to trial. Typically, during plea bargaining the defense agrees to plead guilty or no contest to one or more of the charged offenses in exchange for “Plea Bargaining Resolves Most Criminal Cases in San Diego”
California Makes it Harder for “Lifers” to Parole
The primary purpose of a “lifer” parole hearing is to determine whether an individual is suitable for parole while serving a life sentence that allows for parole. The initial decision on the inmate’s suitability has to be made by the California Board of Parole Hearings, which evaluates various circumstances related “California Makes it Harder for “Lifers” to Parole”
Miranda: The Prosecution Will Not Use What You Say to Help You
The United States Supreme Court requires that a criminal defendant be advised of the rights to remain silent and request an attorney before being questioned by the police while in custody. For over 40 years these rights have been enshrined in the famous Miranda warning, an important procedural safeguard to “Miranda: The Prosecution Will Not Use What You Say to Help You”
Meeting the Police without a Lawyer
I am often contacted by individuals seeking advice about whether they need legal advice before meeting with law enforcement. Often, these individuals do not feel that they have anything to hide from the police and that their lack of cooperation will be viewed with suspicion. Further, because employment obligations, management “Meeting the Police without a Lawyer”
Attorneys must Advise Criminal Defendants on Immigration Law
The United States Supreme Court just held that a criminal defense attorney must provide advice in this specialized area in those cases in which the law is “succinct and straightforward.” The Court noted that changes to immigration law have dramatically raised the stakes of a noncitizen’s criminal conviction. Immigration reforms “Attorneys must Advise Criminal Defendants on Immigration Law”
Sexual Assault Lab Kits Remain Untested for DNA
Over 6,000 rape kits from active investigations of sex crimes remain untested throughout the country. Experienced criminal defense lawyers know that innocent persons are prosecuted when police selectively test some evidence while ignoring other items of crucial evidentiary value.