Blog

Prosecutors use grand juries to indict people, not to clear them of wrongdoing. Nevertheless, they sometimes have to present evidence suggesting innocence. By Alexis Kelly In many states, when prosecutors initiate a case through use of a grand jury, they have to present evidence that’s helpful to the accused. This duty doesn’t require that they… Read More

Law enforcement personnel can—and will—listen to, if not record, phone conversations at police stations and jails. They might even do so when the arrestee or prisoner is speaking with counsel. A series of courts have held that there is no attorney-client privilege with regard to calls on a police station, jail, or prison phones. These… Read More

Is it a good idea to have a relative or friend sit in on your meeting with your lawyer? The attorney-client privilege prevents people from revealing confidential communications between defendants and their lawyers. The general rule is that, by allowing a third party to be present for a lawyer-client conversation, the defendant waives the privilege…. Read More

By Micah Schwartzbach, Attorney An accessory after the fact is generally someone who, knowing that another person has committed a crime, helps that person avoid arrest, trial, or punishment. Historically, the crime committed by the other person had to be a felony to justify an accessory-after-the-fact conviction. However, there may be other laws available to… Read More

By Micah Schwartzbach, Attorney 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 the attorney—can waive it. (For more,… Read More

Juries are obligated to follow the law judges give them. So, whether a jury has the option of convicting a defendant of a lesser included offense—a crime contained within a more serious crime—depends on the instructions the judge gives. Most of the time, a defendant who rejects a plea and takes the case to trial wants an acquittal…. Read More

False identification documents, or fake IDs, have probably been around as long as the real thing. Having the proper identification allows you any number of privileges, from obtaining alcohol, to cashing a check and renting an apartment. With the widespread use of photo editing software and high-quality printing, creating a fake ID is easier today… Read More

  The filing of charges doesn’t always mean that you’ll have to duke it out at trial. By Micah Schwartzbach, Attorney Even the most well-intentioned prosecutors file charges against innocent suspects occasionally. Regardless of the reason charges were filed, innocent defendants want to know what they—or preferably, their lawyers—can do to avoid a conviction. So,… Read More

  The term, “wet reckless,” is used to describe a reduced plea arrangement made by a driver arrested for driving while intoxicated. (The driver pleads to reckless driving with alcohol involved — hence the “wet” reference.) A wet reckless plea typically carries fewer obligations, punishments, and costs than a traditional DUI. California Wet Reckless Cal…. Read More

It’s time to celebrate Cinco de Mayo and that also means it’s time for DUI checkpoints. DUI checkpoints for the popular Mexican holiday will be set up throughout the Bay Area. 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) 552-1215. … Read More