How to Work with Your Attorney and Improve the Outcome of Your Case
How to Work with Your Attorney and Improve the Outcome of Your Case If you’ve been arrested, you need an experienced attorney to help you get the best outcome in your case. Here are a few important rules to follow when working with your criminal defense law firm. Teamwork Makes the Dream Work Please remember that you will be working as a team with your criminal defense attorneys. When teams…
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When Should You Accept a Plea Bargain?
When Should You Accept a Plea Bargain? If you watch TV shows about the criminal justice system, you might think that every case ends up in a courtroom, with the prosecutor and defense attorney slugging it out in front of a jury. The truth is, more than 90% of criminal cases never go to trial.1 More often, the case ends with the defense and prosecution coming to an agreement to…
Read MoreIs it Obstruction of Justice to Delete Your Cellphone Memory?
Is it Obstruction of Justice to Delete Your Cellphone Memory? Former Utah Attorney General John Swallow faces 11 felony charges and two misdemeanors for soliciting bribes, accepting gifts, and tampering with evidence.1 But Swallow also could be charged with obstruction of justice. The Special Investigation Committee assigned to the Swallow case alleges that he purposely deleted electronic documents and falsified documents in an attempt to hide evidence.2 If you are…
Read MoreCan Law Enforcement Seize Your Cash as Evidence?
Can Law Enforcement Seize Your Cash as Evidence? If police feel that your money is involved with a criminal case, they can seize it. For example, police officers will withhold your cash if they feel that it is connected with a drug offense. Let’s say you are pulled over and police officers smell marijuana in your car or find other drug paraphernalia. They may seize any money that you have…
Read MoreHow Does a Witness’ Criminal History Affect a Trial?
How Does a Witness’ Criminal History Affect a Trial? One of the most important aspects of a criminal trial is the testimony from witnesses. Witnesses can either shed light on the crime itself or on the character of either party. They are carefully selected by prosecutors and defense attorneys and are often heavily prepared to contribute to the proceedings. This is why they are an invaluable part of the criminal…
Read MoreYou May Not Have to Pay Restitution if You are Convicted of a Crime
You May Not Have to Pay Restitution if You are Convicted of a Crime In many cases, you will be ordered to pay restitution if you plead guilty or are convicted of a crime. However, you are entitled to a hearing before a restitution amount can be set. More importantly, the court sometimes makes a mistake and orders someone to pay restitution when they should not be ordered to do…
Read MoreCan I Get My Third Strike Conviction Reversed Due to Three Strikes Reform (Prop 36)? (Penal Code section 1170.126)
Can I Get My Third Strike Conviction Reversed Due to Three Strikes Reform (Prop 36)? (Penal Code section 1170.126) In November 2012, California voters approved Proposition 36, an initiative measure which reformed California’s 1994 Three Strikes law. Under the old version of the Three Strikes law, a defendant with at least two prior serious or violent felony convictions (in other words, “strikes”) would have faced a mandatory minimum 25-years-to-life sentence…
Read MoreCan A Victim Get a Criminal Protective Order Lifted?
Can A Victim Get a Criminal Protective Order Lifted? A Criminal Protective Order (CPO) may be issued at the request of law enforcement to protect a person deemed to be at risk as the result of a criminal investigation. A CPO is an order designed to protect victims and witnesses of a crime from being harassed, stalked, threatened or otherwise intimidated by a defendant. The person for which protection is…
Read MoreGetting Tested for HIV Could Save Your Life, So Why Should it Make it Easier to Convict You of a Crime in California? (Health and Safety Code 12029)
Getting Tested for HIV Could Save Your Life, So Why Should it Make it Easier to Convict You of a Crime in California? (Health and Safety Code 12029) Recently, we posted a blog regarding HIV disclosure laws in California. In that blog, we discussed a recent study indicating that as many as 25% of adult males in California neglect to get tested for HIV. The reason for this is because…
Read MoreCan You Be Charged for Knowing About a Crime and Not Saying Anything?
Can You Be Charged for Knowing About a Crime and Not Saying Anything? If you witness a crime, are you obligated to report it to the police? What if you are aware that a crime is going to be committed, but you do nothing to prevent it from occurring? Can you be criminally charged if you do nothing at all? Many people are unaware of their legal obligation when it…
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