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
Blog
Criminal Trial Publicity
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
Can the prosecution introduce evidence of a defendant’s past domestic violence?
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
Working with a Criminal Lawyer While Representing Yourself
You may be able to find a lawyer willing to advise you as you represent yourself in a criminal case. By Sara J. Berman Defendants considering self-representation might seek out an attorney willing to serve as a legal coach. The idea of a legal coach is to combine an attorney’s knowledge with the defendant’s time…. Read More
California Governor Approves A.B. 701 and A.B. 2888
The definition of rape in California changed after Governor Brown A.B. 701 and A.B. 2888. Assembly woman, Cristina Garcia of District 58 and Susan Talamantes Eggman of District 12 presented the two bills after the six-month sentencing of Brock Turner, a 20-year-old Stanford student who sexually assaulted an intoxicated woman. Both lawmakers were outraged by… Read More
DUI Ignition Interlock Bill into Law
Drunk driving offenders in California will be required to install an ignition interlock on their vehicles that connects to a breathalyzer under Senate Bill 1046 signed by Governor Jerry Brown on Wednesday, September 28, 2016. The law will take effect on January 1, 2019, is designed to prevent DUI offenders from being able to start… Read More
How to get arrested at Hardly Strictly BlueGrass – 2016
Hardly Strictly Bluegrass is a free festival in Golden Gate Park, San Francisco that features over 100 musical artists on 7 stages. This year the festival will begin on Friday, September 30, 2016 from 10:30 AM – 7:00 PM through Sunday, October 2, 2016 from 11:00 AM – 7:00 PM. The festival will be located… Read More
Plead or Go to Trial: Who Decides? How to Decide?
Criminal attorneys can give advice, but clients have the ultimate right to make most of the important decisions relating to their case, with very few exceptions. When lawyers and defendants can’t agree about an issue as fundamental as whether to go to trial, it’s normally the defendant’s desire that prevails. Assuming that a defendant’s decision… Read More
Imperfect Self-Defense
Sometimes self-defense isn’t available, but a partial defense related to it is. By Joseph Broadbent The law of self-defense allows people to use force, and sometimes deadly force, to defend themselves from an imminent threat of harm. In most states and circumstances, if the defendant’s fear and the amount of force used are reasonable, he’ll… Read More
Discovery of Information Helpful to the Defense
The prosecution has to divulge evidence that’s favorable to the defense—even if the defense doesn’t ask for it. By Paul Bergman As part of their obligation to pursue justice and promote fairness, prosecutors have a duty to reveal “favorable” information to the defense, as explained below. For information on discovery law generally, see What and… Read More