If the government doesn’t get a defendant to trial within a certain amount of time, the court must toss the charges. By Micah Schwartzbach, Attorney Updated May 26, 2016 The Sixth Amendment to the U.S. Constitution and the constitutions of the individual states guarantee the right to a speedy trial. Under the federal constitution, there is… Read More
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What Is a “Section 1983” Lawsuit Against the Police?
The Civil Rights Act of 1871 allows people to sue for certain kinds of civil rights violations, including excessive police force. By Micah Schwartzbach, Attorney The Civil Rights Act of 1871 is a federal statute, numbered 42 U.S.C. § 1983, that allows people to sue the government for civil rights violations. It applies when someone acting “under color… Read More
Convincing a Judge to Lower the Initial Bail
Judges want to know about the defendant, including potential danger to the community and likelihood of coming to court. The law and procedure around pretrial release vary at least somewhat from state to state, but here are some of the factors defense attorneys regularly address when trying to get lower or no bail for a… Read More
Immunity in Exchange for Testimony
There are two kinds of immunity, one more common than the other. “You have the right to remain silent” is perhaps the most recognized adage in our criminal justice system. This rule comes from the Fifth Amendment to the U.S. Constitution, which guarantees that “no person . . . shall be compelled in a criminal… Read More
Types of Robbery Charges: Varying Felony Classes
All types of robberies are serious crimes. Robbery is almost always a felony, punishable by at least one year in prison, regardless of the value of the items taken. Most states punish aggravated robbery quite harshly, including armed robbery, carjacking, By Ave Mince-Didier Robbery is the taking of something of value from another person using force… Read More
The Morales Law Firm Has Partnered With A Top Civil Litigation Firm
We are excited to announce that we have partnered with one of the top civil litigation firms in Northern California. Here are the type of civil cases we handle: Personal Injury: Have you been injured in an accident caused by someone else? Bicycle & Pedestrian Accidents: Have you been hit while riding your bike, walking… Read More
Evading the Police
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
The Emergency Exception to the Miranda Rule
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
Appeals: Timeline and Process
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
How much force can the police use in high-speed car chases?
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
