“How can I get released while we are fighting my case?” This is a question frequently asked by clients who have been taken into custody after arrest. And often a defendant’s custody status – whether they are in or out of jail – is the biggest factor in the resolution of a case. Sadly, all
Are My Private Conversations with My Lawyer Confidential?
Are our private conversations confidential? This is one of the most common questions I receive from potential clients seeking a consultation with me about a case. Most people know that there is an “attorney-client privilege” that protects their private communications with a lawyer. But are there exceptions to the privilege? Can it always be relied
New California Three Strikes Case
Last week, the California Supreme Court decided unanimously, in the case of People v. Vargas, that two felony strike convictions stemming from a single act against a single victim may not be considered two separate strikes under the California Three Strikes Law. This is an important judicial clarification of the California Three Strikes Law. The
What is a Wet Reckless?
If you have been arrested for a DUI in California you may have heard the term “wet reckless.” What exactly is a wet reckless and how is it related to a DUI charge? A wet reckless is a type of plea bargain If you have been charged with a DUI (a violation of Vehicle Code 23152),
Domestic Violence Pendulum
Recently, while many around the world were following news of the 2014 World Cup tournament in Brazil, an Olympic gold-medal winning soccer star in the United States made headlines for her “off the field” conduct. Last weekend, Seattle Reign FC goalkeeper Hope Solo was arrested and charged with domestic violence in Kirkland, Washington, for allegedly
Warrantless Cell Phone Searches Are Unconstitutional
Today, in the case of Riley v. California, the United States Supreme Court ruled unanimously that police need to obtain a warrant before searching a suspect’s cell phone, a sweeping endorsement of Americans’ 4th Amendment right to digital privacy. The decision applied to two cases – one from Massachusetts and the other from California –
Even With a DUI Charge, You Are Innocent Until Proven Guilty
If you believe the conventional wisdom, when you are stopped by the police and placed under arrest for driving under the influence, you have already been found guilty. Why fight the charges when a conviction is inevitable? Because the presumption of innocence still applies and the state has a heavier burden of proof than you
Public Opinion Re-set
Most Americans know that a person charged with a crime in our legal system is entitled to a presumption of innocence. As a practical matter, however, when there is extensive media attention after an arrest, the public often hears an initial narrative of guilt which is difficult for a defendant to overcome later. Skilled