There are two kinds of immunity, one more common than the other. “You have the right to remain silent” is perhaps the most recognized adage in our criminal justice system. This rule comes from the Fifth Amendment to the U.S. Constitution, which guarantees that “no person . . . shall be compelled in a criminal… Read More
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Types of Robbery Charges: Varying Felony Classes
All types of robberies are serious crimes. Robbery is almost always a felony, punishable by at least one year in prison, regardless of the value of the items taken. Most states punish aggravated robbery quite harshly, including armed robbery, carjacking, By Ave Mince-Didier Robbery is the taking of something of value from another person using force… Read More
The Morales Law Firm Has Partnered With A Top Civil Litigation Firm
We are excited to announce that we have partnered with one of the top civil litigation firms in Northern California. Here are the type of civil cases we handle: Personal Injury: Have you been injured in an accident caused by someone else? Bicycle & Pedestrian Accidents: Have you been hit while riding your bike, walking… Read More
Evading the Police
Learn about the crime of evading (or eluding) a police officer by car, including its possible consequences. A driver who flees after a police officer issues an order to stop has likely committed a criminal offense: evading (or eluding) a law enforcement officer. It’s a crime that can lead to serious penalties. Evading an Officer:… Read More
The Emergency Exception to the Miranda Rule
If officers are acting in proper response to a potential emergency, they don’t have to read you your rights. Law enforcement officers must provide the Miranda warning if a suspect is in custody and subject to interrogation. If officers don’t provide the warning in this scenario, the suspect’s statements and any evidence derived from them… Read More
Appeals: Timeline and Process
Criminal appeals involve detailed procedure. They typically take months, if not longer, to play out. Criminal appeals are notoriously slow and complex. The following provides a general overview of the process by which they unfold. (For more information about appeals, see Appeals in Criminal Cases.) When can I file an appeal? The general rule is that… Read More
How much force can the police use in high-speed car chases?
Officers may be able to shoot to kill. By Micah Schwartzbach, Attorney The Fourth Amendment prohibits unreasonable searches and seizures. Police use of force to stop someone constitutes a seizure. So, when the police use force—for example, to end a high-speed car chase—the question is whether they did so reasonably. The Supreme Court & Car… Read More
How much force can the police use in high-speed car chases?
Officers may be able to shoot to kill. The Fourth Amendment prohibits unreasonable searches and seizures. Police use of force to stop someone constitutes a seizure. So, when the police use force—for example, to end a high-speed car chase—the question is whether they did so reasonably. The Supreme Court & Car Chases In Plumhoff v. Rickard,… Read More
Algorithms to Set Bail
Some U.S. jurisdictions are using advanced formulas to evaluate the risks that defendants pose. Judges weigh these evaluations when considering pretrial release. By Micah Schwartzbach, Attorney “Will this person break the law or skip town?” This question is at the forefront of the mind of a judge who is evaluating bail for a defendant awaiting… Read More
Witness Impeachment
Witness impeachment is the process of challenging the credibility of a witness in trial. There are many ways by which a witness can be impeached. For instance, during cross-examination, any party may attack the credibility of a witness by the following: 1) Introducing statements of the witness, which are inconsistent with his/her present testimony… Read More
