Blog

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

Criminal trespass involves being on someone else’s property without permission. But the crime isn’t as simple as just being where you’re not supposed to. By Jessica Gillespie Someone caught trespassing on another person’s property can face trouble, even possibly a civil lawsuit. But trespass is first and foremost a criminal offense. While state laws define… Read More

By Jane Rydholm People’s sincere religious beliefs may occasionally conflict with the law. Usually, it’s the religious beliefs that must yield, as the law rarely accepts them as a defense to criminal charges. If a government has decided that certain activity is illegal, then it’s usually no excuse to say, “I did it because of… Read More

The Eighth Amendment requires that state and federal prison systems provide at least “the minimal civilized measure of life’s necessities.” (Rhodes v. Chapman, 452 U.S. 337 (1981); see Do prison inmates have any rights?)  Because this rule is so vague, prisons can be deficient in a variety of ways yet still meet minimum constitutional standards…. Read More

Law enforcement officers and prosecutors have a duty to preserve certain kinds of evidence. Learn what they have to keep, and what happens when they don’t keep it. The government has a duty to preserve certain types of evidence it collects during criminal investigations and prosecutions. This duty exists in order to protect a defendant’s… Read More

By Jessica Gillespie Learn the basics about the crime of hit and run, as well as potential penalties.  Car accidents usually make people think of civil liability—issues like who will have to pay for the damage and any injuries and whether insurance rates will go up. But, even where no one was negligent, auto collisions… Read More

Learn what officers can and can’t suggest in order to get a statement from a defendant. By Micah Schwartzbach, Attorney For a defendant’s confession to be admissible at trial, it must be “voluntary.” The notion is that the legal system should tolerate only those statements that are a product of free will. So, physical or… Read More

Writs involve review by appellate courts, but they’re different than appeals. Writs are an exception to the typical appeals process. As explained below, a defendant can ask a higher court to issue a writ outside of the appellate process to rectify certain wrongs that occurred at the trial court level. The word “writ” traces its… Read More