Blog

Learn about the crime of evading (or eluding) a police officer by car, including its possible consequences. A driver who flees after a police officer issues an order to stop has likely committed a criminal offense: evading (or eluding) a law enforcement officer. It’s a crime that can lead to serious penalties. Evading an Officer:… Read More

If officers are acting in proper response to a potential emergency, they don’t have to read you your rights. Law enforcement officers must provide the Miranda warning if a suspect is in custody and subject to interrogation. If officers don’t provide the warning in this scenario, the suspect’s statements and any evidence derived from them… Read More

Criminal appeals involve detailed procedure. They typically take months, if not longer, to play out. Criminal appeals are notoriously slow and complex. The following provides a general overview of the process by which they unfold. (For more information about appeals, see Appeals in Criminal Cases.) When can I file an appeal? The general rule is that… Read More

Officers may be able to shoot to kill. By Micah Schwartzbach, Attorney The Fourth Amendment prohibits unreasonable searches and seizures. Police use of force to stop someone constitutes a seizure. So, when the police use force—for example, to end a high-speed car chase—the question is whether they did so reasonably. The Supreme Court & Car… Read More

Officers may be able to shoot to kill. The Fourth Amendment prohibits unreasonable searches and seizures. Police use of force to stop someone constitutes a seizure. So, when the police use force—for example, to end a high-speed car chase—the question is whether they did so reasonably. The Supreme Court & Car Chases In Plumhoff v. Rickard,… Read More

Some U.S. jurisdictions are using advanced formulas to evaluate the risks that defendants pose. Judges weigh these evaluations when considering pretrial release. By Micah Schwartzbach, Attorney “Will this person break the law or skip town?” This question is at the forefront of the mind of a judge who is evaluating bail for a defendant awaiting… Read More

Witness impeachment is the process of challenging the credibility of a witness in trial. There are many ways by which a witness can be impeached. For instance, during cross-examination, any party may attack the credibility of a witness by the following:   1) Introducing statements of the witness, which are inconsistent with his/her present testimony… Read More

By Micah Schwartzbach, Attorney Law enforcement officers must provide the Miranda warnings to suspects who are (1) in custody and (2) subject to interrogation. Motorists who have been stopped by police officers aren’t free to leave and are inevitably subjected to some kind of questioning, which begs the question: Shouldn’t officers read them their rights?… Read More

By Micah Schwartzbach, Attorney The right to trial by jury in the United States Constitution belongs only to adults. In 1971, the U.S. Supreme Court held that there’s no jury-trial right in juvenile delinquency proceedings. (McKeiver v. Pennsylvania, 403 U.S. 528 (1971).) Some of the Court’s justices expressed concerns, including apprehension that requiring jury trials… 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. Northern California DUI Checkpoints: San Francisco – Cesar Chavez St. and Van Ness Ave – 7:00 pm to 3:00 am San Rafael – Point San Pedro… Read More