An immunity grant can be a welcome development for a witness, but it isn’t necessarily a shield from any and all prosecution. By Celeste Bacchi There are situations in which the prosecution can’t offer a witness immunity from prosecution, and others in which a grant of immunity is limited. For information on additional ways immunity… Read More
Blog
How Judges Decide to Release You on Your Own Recognizance, or “OR”
If you promise to show up for court appearances and the judge believes you, you’ll get “ORed,” or released on your own recognizance. By Paul Bergman Simply put, O.R. release is no-cost bail. Defendants released on their own recognizance need only sign a written promise to appear in court as required. No bail has to… Read More
Differentiating Between Domestic Violence and Abuse
“Domestic violence” and “domestic abuse” are terms used by legislators to define very similar conduct. by Peter Followill, Contributing Author “Domestic violence” and “domestic abuse” are used in news stories to refer to incidents or allegations of physical violence committed between people who are married, who live together, or are who are dating. Legal definitions… Read More
Can I claim self-defense if I hit someone first?
Even as the first person to use force, it’s possible to act in self-defense. If a reasonable person would think that physical harm is in the immediate offing, the defendant can typically use reasonable force to prevent the attack. People don’t have to wait until they’ve actually been struck to act in self-defense. On the… Read More
Bay Area DUI Checkpoints (Fourth of July – 2016)
Local police will be out in full force throughout the Fourth of July holiday in search of those who have had too much alcohol and are behind the wheel of a vehicle. Fourth of July is one of the deadliest days on the road. Half of the fatal car crashes on Fourth of July weekend… Read More
How much force can you use in self-defense?
By Paul Bergman Self-defense laws can vary somewhat from one state to the next, but, on the whole, they provide that people can use only a reasonable amount of force to defend themselves. How much force is reasonable depends on the circumstances, particularly the amount of force the supposed victim is using or about to… Read More
External Influences on Juries
We like to think that juries decide cases only on the evidence before them, but external influences can be pervasive. Learn about what happens when these influences affect jurors. By Alexis Kelly Jury tampering is a crime that occurs when people improperly influence jurors. Jurors can also be improperly influenced—sometimes by their own doing—without anyone… Read More
Arrest Warrants: What’s in Them, How Police Get Them
Police must convince a neutral judge that, more likely than not, a crime has been committed and the subject of the warrant was involved. By Sara J. Berman An arrest warrant is an official document, signed by a judge (or magistrate), which authorizes a police officer to arrest the person or people named in the… Read More
U.S. Supreme Court: No Sixth Amendment Right to Speedy Sentencing
The high court held that the Speedy Trial Clause doesn’t apply to delayed sentencing. You have a right to a speedy trial—that is, to have a judge or jury evaluate within some reasonable period of time whether you’re guilty. The Sixth Amendment speedy-trial guarantee is supposed to prevent inordinate delays between the government charging someone… Read More
Relevant Evidence in Criminal Trials
Only relevant evidence is admissible, but not all relevant evidence is. Relevance is the basic building block of evidence rules—evidence must be relevant to be admissible. For evidence to be relevant, there must be some logical connection between it and the fact it’s offered to prove or disprove. The connection needn’t be so strong that… Read More