Blog

By Paul Bergman The golden rule of criminal defense is that suspects who think that they may be implicated in a crime should keep their mouths tightly shut. Suspects all too frequently unwittingly reveal information that later can be used as evidence of guilt. The right to not incriminate oneself, guaranteed by the Fifth Amendment… Read More

Sometimes it’s to your advantage to speak voluntarily with the police — sometimes, not. By Sara J. Berman Police officers may be as interested in clearing the innocent as in convicting the guilty. People can often clear their names as well as help the police find the real perpetrators by answering a few straightforward questions…. Read More

Is it the defendant’s right to throw in the towel when capital punishment is on the line? By Micah Schwartzbach, Attorney On November 5, 2009, Army psychiatrist Nidal Hassan opened fire at Fort Hood, Texas, killing 13 people and wounding another 31. There isn’t much doubt about these facts since, when representing himself at his… Read More

Local law enforcement agencies will be out in force, utilizing sobriety checkpoints all over the bay area to deter drunk driving. It is important for individuals to avoid any potential crime penalties for DUI arrests, including jail time, costly fines, and a driver’s license suspension. If you have any questions regarding a DUI case in California, please feel free… Read More

The grand jury process is prosecutor-friendly in that grand jurors see and hear only what prosecutors put before them. Unlike a preliminary hearing, held in court with the defense side present, the grand jury does not make its decision in the context of an adversary proceeding. Rather, grand jurors see and hear only what prosecutors… Read More

The grand jury process is prosecutor-friendly in that grand jurors see and hear only what prosecutors put before them. By Sara J. Berman Unlike a preliminary hearing, held in court with the defense side present, the grand jury does not make its decision in the context of an adversary proceeding. Rather, grand jurors see and… Read More

Suspects aren’t entitled to Miranda warnings during booking — and should avoid any unnecessary conversations. Defendants in criminal cases have a constitutional right to legal representation at every critical stage of the proceeding, but courts regard booking as a routine administrative procedure, not a crucial event warranting legal counsel. Example: Cliff Hangar is arrested and… Read More

The attorney-client privilege is, in some sense, a broad one. The attorney-client privilege is, in some sense, a broad one. In general, it prevents anyone from forcing a lawyer or client to disclose confidential communications between the two that relate to legal representation. The privilege belongs to the client, meaning that no one else—not even… Read More

  Criminal trials generally must be accessible to the public, but there are exceptions. Anyone accused of a criminal offense has the right to a public trial under the Sixth Amendment to the U.S. Constitution. Defendants can sometimes waive their right to a public trial, but they can’t compel a private trial. The general public… Read More

In general, evidence of a defendant’s past misdeeds isn’t admissible in court. Part of the thinking is that a jury might be unfairly inclined to convict a defendant of the current charge if it learns that he committed similar acts in the past. Jurors might convict simply because they assume the defendant behaved in the way… Read More