The term “domestic violence” refers to any form of sexual or physical abuse that is inflicted by one individual against another in a domestic setting. Generally, this type of violence occurs between spouses or partners or a child and their parent. Abusive language and threats also count as domestic violence. A misdemeanor conviction can result… Read More
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Does a victim have to press charges against their offender or can the state do it?
Depending on which state the domestic violence occurs in and the circumstances surrounding the incident will determine whether or not it is treated as a criminal offense. Commonly, domestic violence is duly a crime that comes with criminal penalties while also subject to a civil lawsuit with monetary damages awarded. Quite frequently, a victim of… Read More
Can Illegal Immigrants be Represented by Criminal Lawyers?
If you are convicted of a criminal offense, the results can be disastrous. In addition to possibly serving time in jail, you can be responsible for heavy monetary fines, loss of your job, your driver’s license, and could be subject to probation. Additionally, your reputation can become tarnished. Add to the mix the fact that… Read More
New California Laws – 2018
Here are the new laws that took place as of January 1, 2018: Immigration: Senate Bill 54: Makes California a “Sanctuary State” this limits the ability of state and local police to cooperate with federal immigration enforcement. Officers cannot inquire about someone’s immigration status or detain them on hold request from the federal government, unless… Read More
Is it Legal for Territories to Conduct DUI Checkpoints?
How do territories legally justify DUI checkpoints? There are many states where police arrange driving under the influence (DUI) checkpoints as a means of identifying drunk or impaired motorists. Usually, the checkpoints are conducted during holidays when drivers are more likely to abuse drugs or alcohol; and they are typically executed on roads with high… Read More
Bay Area DUI Checkpoints (Halloween – 2017)
Bay Area DUI Checkpoints – Halloween 2017 Local law enforcement agencies will be out in full force, utilizing sobriety checkpoints all over the bay area to deter drunk driving. It is important for individuals to avoid any potential criminal penalties for DUI arrests, including jail time, costly fines, and a driver’s license suspension. Halloween is known for having… Read More
Appeals and the Writ of Habeas Corpus FAQ
Criminal defendants who think they’ve been wrongfully convicted of a crime have a number of options: appeals, writs, and habeas corpus. What are the chances that my conviction will be reversed? Appeals judges generally resist overruling trial court judgments, instead, preferring to give trial judges the benefit of any doubt. As many appellate courts have… Read More
The Right to a Speedy Trial
If the government doesn’t get a defendant to trial within a certain amount of time, the court must toss the charges. By Micah Schwartzbach, Attorney Updated May 26, 2016 The Sixth Amendment to the U.S. Constitution and the constitutions of the individual states guarantee the right to a speedy trial. Under the federal constitution, there is… Read More
What Is a “Section 1983” Lawsuit Against the Police?
The Civil Rights Act of 1871 allows people to sue for certain kinds of civil rights violations, including excessive police force. By Micah Schwartzbach, Attorney The Civil Rights Act of 1871 is a federal statute, numbered 42 U.S.C. § 1983, that allows people to sue the government for civil rights violations. It applies when someone acting “under color… Read More
Convincing a Judge to Lower the Initial Bail
Judges want to know about the defendant, including potential danger to the community and likelihood of coming to court. The law and procedure around pretrial release vary at least somewhat from state to state, but here are some of the factors defense attorneys regularly address when trying to get lower or no bail for a… Read More
