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
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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
Immunity in Exchange for Testimony
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
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
