A detention or an arrest occurs when a police officer deprives a person (suspect) of freedom. This can occur whether the person is is out on the scene of a crime, or in jail. After an arrest police will commonly question the suspect. However, the suspect has two rights granted by the U.S. Constitution: 1…. Read More
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Talking To The Police: Not in Custody, Part 1
If you have not been placed under arrest should you answer questions from a police officer? Generally speaking, a police officer may stop you on the street to ask you a question. For example, if the officer believes you were involved in a crime he may ask for your identification card, but only if he… Read More
The BART shooting case was never a murder case
As tragic as the shooting death of Oscar Grant was, the case against Officer Mehserle was always an accidental shooting case, not a murder case. Every day in the United States innocent people are accidently killed by guns. Usually it is children who are killed while playing with the gun of an adult relative. In… Read More
San Francisco Criminal Cases Dismissed with a Civil Compromise
California Penal Code Sections 1377 and 1378 allow for some criminal cases to be dismissed when the victim is reimbursed for damages. This underutilized defense to criminal cases is called a Civil Compromise. When the case involves property damage and no violence occured and the vicitim is cooperative, the defense can make a motion to… Read More
Expunge your San Francisco Criminal Record
If you were convicted of a Felony or Misdemeanor in San Francisco and were sentenced to jail and not prison you are eligible to have your conviction “Expunged.” Some other qualifications to have your conviction expunged are that you completed your probation without any problems and that you are not currently on probation for any… Read More
The High Cost of San Francisco Domestic Violence Cases
Domestic Violence cases are some of the most serious crimes in our modern society. These cases range from a simple battery such as a slap in the face to first degree murder. Apart from the physical pain that the victim suffers, other consequences include: families being torn apart when the perpetrator goes to jail or… Read More
Who is to Blame for San Francisco Drug Cases Being Dismissed? Part 2
The San Francisco Chronicle reports that another key prosecution witness for hundreds of San Francisco drunk driving cases had a prior record of false testimony and according to the Washington Supreme Court was a “perpetrator of fraud.” Ann Marie Gordon who worked for the San Francisco Medical Examiner’s Office previously worked for the Washington State… Read More
Who is to Blame for San Francisco Drug Cases Being Dismissed?
San Francisco Prosecutors have recently dismissed hundreds of Drug Cases because of major problems with the testing of drugs at the Crime Lab. A lab technician was stealing some drugs and using them herself, the lab had a poor record keeping system and it was dirty which means the samples of drugs could have been… Read More
Using Self Defense in a San Francisco Assault Case
Self Defense is a possible defense when a defendant is charged with a violent crime such as:battery, assault with a deadly weapon, assault with intent to commit serious bodily injury, manslaughter and murder. The force used in the self defense must be reasonable under the circumstances. For instance if the defendant get’s punched in the… Read More
DUI and DWI cases are serious criminal cases
If you have a drunk driving case you need the assistance of an excellent San Francisco DUI attorney. A conviction for a DUI can haunt you for the rest of your life. These days it’s very easy for prospective employers to find out about the criminal convictions of potential employees. A conviction for a DUI… Read More