Blog

The need to provide for highway safety, by getting drunk drivers off the road, trumps the normal need for reasonable suspicion. By Sara J. Berman “Sobriety” checkpoints are valid. The goal of improving highway safety and the gravity of the drunk driving problem, combined with checkpoints’ minimal intrusiveness, means that police officers can stop drivers… Read More

Below is a list of new statutes that have been added:  PC 236.23 is a new affirmative defense available to victims of human trafficking.  Defendant/victim is allowed to show that the charged crime was committed as a direct result of being a trafficking victim and while in reasonable fear of harm. PC 236.14 Allows a person arrested… Read More

Some people figure that, if they avoid true knowledge that they’re doing something illegal, they can’t be convicted. Not so fast. By Jane Rydholm Sometimes it’s tempting to bury one’s head in the sand—there are some things you just don’t want to know about. But, at least when it comes to criminal law, willful blindness… Read More

On January 2, the value of Bitcoin passed the $1,000 mark for the first time in three years. The website coinmarketcap.com, which monitors the value of various digital currencies, show that the current price of a Bitcoin is now $1,025 and that the value of all units in circulation is now worth $16bn. Bitcoin was… Read More

2017, brings several new laws in the state of California. Here is a list: Cellphone use while driving: Californians are no longer allowed to use a handheld wireless phone or wireless electronic device while driving, unless the device is mounted on the vehicle windshield or dashboard in a way that doesn’t hinder the driver’s view… Read More

Local law enforcement agencies will be out in force, utilizing sobriety checkpoints to deter drunk driving Thursday night for New Year’s Eve. Police say to be prepared for DUI checkpoints. If you have any questions regarding a DUI case in California feel free to contact my office and set up a FREE consultation at (415)… Read More

  Forfeiting bail isn’t necessarily all an absent defendant will have to deal with. By Micah Schwartzbach, Attorney Under state and federal law, failing to appear in court after bailing out of jail is its own crime. That means that defendants who “jump bail”: may forfeit bond (the amount they paid for bail) will continue to… Read More

Bail should not be used to punish a defendant, or raise money for the state. Its valid use is to secure the defendant’s presence at trial. By Paul Bergman The Eighth Amendment to the United States Constitution (which is binding on all states) requires that the amount of bail not be excessive. What this means… Read More

Failing to abide by the conditions of your OR release can land you in jail. A defendant who has been released on his own recognizance (“OR”) can also be told to follow certain requirements, such as attending counseling, remaining in school, living with parents or friends, refraining from associating with specific individuals, abataining from alcohol,… Read More

Numerous websites post mug shots and then charge for removing them. Creative solutions are arising to deal with this unsavory practice. By Ave Mince-Didier If you meet someone new – a potential employee, babysitter, neighbor, or date – and you want to learn more about the person, what do you do? If you are like… Read More