Miranda v. Arizona 384 U.S. 436, 86 S.Ct. 1602 (1966) continues to evoke confusion by many individuals confronted by the police. Ernesto Miranda, a rape suspect, was arrested and taken to the police station. After two hours of questioning, he signed a written confession and was subsequently found guilty. Miranda appealed his conviction on the…
The “box” is that place on many employment applications that asks whether the applicant has been convicted of a crime or have been incarcerated. Some may even inquire about arrests. The initiative would remove those questions from the application and the initial stage of the employment process so that those who are responsible for making…
Myths about child abuse are rampant. Many feel that it is only abuse if it is violent. Physical abuse is just one type—neglect and emotional abuse are equally damaging and hard to detect. Thus, less intervention may occur. Child abuse does not happen in “good” families. Abuse to children is color, economic, and cultural blind….
If you were convicted of a felony and confined in a state prison, institution, or agency, on MAY 13, 1943 OR AFTER, you may file for a certificate of rehabilitation (CR) and a governor’s pardon if you can show the following: (1) Resided continuously in California, after leaving prison for the five years immediately preceding…
If your citizenship application is denied by a United States Citizenship and Immigration Services (USCIS) officer, you may ask for review and appeal the decision. The Form N-336 (Request for a Hearing on a Decision in Naturalization Proceedings) must be filed. I had just successfully represented a client in Phoenix, Arizona who was denied citizenship…
I have written extensively about the criminal procedures and penalties of DUI. In this article, I will focus on the DMV. Federal and state Constitutions enumerate that no person shall be deprived of property without due process of law. The DMV, is therefore, required to give you notice of the action and opportunity to be…
What is the “Corpus Delicti” rule? This is the legal principle that the prosecution cannot prove that a crime has been committed from the defendant’s own confession alone, but that the prosecution must prove that corroborating evidence exists and that the actual crime that the defendant confessed to occurred. For each crime, there are elements…
In federal court, there is a presumption a person will be released from custody unless the federal prosecutor can demonstrate that the person is a threat or a flight risk. If a bond amount has been set, there are two ways a defendant can get out of jail. The first is to pay the full…
Do you need a lawyer or not? Sometimes a lawyer is provided to the person being sued at no personal expense. For example, if you are sued because you were in an auto accident, your insurance company will likely provide a lawyer to protect your interests. If you are a sued as an officer or…
The privileged information may remain private as long as a court does not force disclosure. The attorney-client privilege is not absolute. It does not apply in the following: (1) if a client hires an attorney to commit a fraud or crime; (2) if two or more clients hire the same lawyer in matters of common…
On a hot August day in 1920, a 24-year-old Tennessee House of Representative listened to an issue that has been simmering since well before the Civil War-woman suffrage. The movement had begun in 1848 in Seneca Falls, New York, but it took 30 years to get the amendment introduced in Congress. By August 1920, the…
A party who is subject to a valid order, has knowledge of the order, and willfully fails to comply with that order is subject to contempt proceedings and the statutory penalties. Contempt is available in both the criminal and civil arena. However, a contempt proceeding is criminal in nature. The judge will advise you of…
Writing for the majority, Justice Kennedy said that “a suspect who wants to invoke their right not to be questioned must do it unambiguously. He goes on to say that “Thompkins did not say he wanted to remain silent or that he did not want to talk to police,” Kennedy wrote. “Had he made either…
I was able to convince the prosecutor to transfer the misdemeanor charge of Vehicle Code Section 12500, driving without a license, to a traffic court. This meant that the charge was reduced to an infraction, saving my client from a misdemeanor conviction on his record. Traffic tickets are costly–your insurance premium could be increased, the…
1. What is at-will employment? Unless there is an agreement to the contrary, employees in California are employed “at will.” The employment-at-will doctrine says that both the employer and the employee may end the employment relationship at any time without notice or reason. This means your employer has the right to terminate your employment at…
If a bond amount has been set, there are two ways a defendant can get out of jail. The first is to pay the full amount of the bond. However, this is usually very costly. Even the most routine cases can carry bonds in excess of $20,000. If a defendant opts to post his own…
I took his case because I felt he had acted in good faith to attempt to discuss and settle his debt. But as many of you are aware, if you do not have an effective and competent attorney speaking on your behalf, you are either not taken seriously and/or taken advantage of. Simply put, it…
Probation laws differ according to the type of probation ordered: (1) Formal Probation (supervised probation-you are assigned a probation officer and are required to meet regularly with your assigned officer) (2) Informal Probation (summary probation-simply obey all laws and no probation officer is assigned to monitor your case). Probation becomes part of a criminal defendant’s…
However, speed per se is not an end in itself. An excessively speedy trial may equally violate the defendant’s right to a fair trial. Therefore, a case by case determination is the standard. The case of Barker v. Wingo 407 U.S. 514 (1972) is the landmark case in this area. Prior to the 1960’s, the…
The United States Supreme Court overturned Miranda’s conviction, finding that the coercive nature of detention in a police situation necessitates certain safeguards in order to ensure that suspects that do not intelligently waive their rights. The ruling held that when law enforcement officers take a suspect into custody with the intention of conducting an interrogation,…