In June 2013, the United States Supreme Court decided Salinas v. Texas. The effect of this decision further nips away at our 5th Amendment Constitutional right to remain silent—part of what we all hear on cop TV shows and movies as our “Miranda rights.” In that case, Mr. Salinas voluntarily went to the police department to clear his name…
DetailsAnother success story for the Innocence Project. In December 2013, former Texas judge Kenneth Anderson – who prosecuted Michael Morton before becoming a judge – served jail time for withholding exonerating evidence from the defense after he had been ordered by a judge to give any such evidence to the defense. Michael Morton’s story became known…
DetailsI have often been asked if an employer can still learn about a criminal conviction after a defendant has obtained a record clearance. Since the file still remains in the courthouse, I have always said the conviction is still visible if the employer wants to look. GOOD NEWS FOR 2014—California Labor Code section 432.7 now prohibits both public…
DetailsThroughout December 2013, the Santa Clara Sheriff’s Office will work with other local police agencies to implement Operation Second Chance for the holidays. If you have an outstanding warrant after being charged with a traffic-related or non-violent misdemeanor crime, you can go to one of twelve (12) cooperating Santa Clara County law enforcement agencies and…
DetailsWe all know that the holiday shopping season from Halloween to Christmas is when retail merchants make most of their annual income. It is also a season when shoplifting increases as people are bombarded with advertising to come out and shop. People shoplift for many different reasons: Some people are in need. Some do it…
DetailsOn October 12, 2013, Governor Jerry Brown vetoed SB 649, which would have given California criminal prosecutors the option to charge criminal possession of heroin or cocaine as misdemeanor, and classify such charges as “wobblers.” Brown believed the timing of this bill was premature, because SB 105, which requires his office to “examine California’s criminal…
DetailsLast time, we looked at how significant it is for a jury when someone identifies a criminal defendant as the perpetrator of a crime during trial. But how reliable is that eyewitness identification? Innocence Projects and universities across the country have conducted studies to illustrate how unreliable eyewitness identifications can be. Many studies show mistaken…
DetailsAnyone who has watched “Perry Mason,” “Matlock,” or “The Practice” has seen that crucial moment during a criminal trial where the cunning prosecutor asks a witness the fateful question, “Do you see the person who shot Mr. X here in the courtroom?” The witness then ALWAYS points to the criminal defendant, saying. “He is sitting…
DetailsAs we saw last time, bias towards one side can potentially lead to the conviction of someone falsely accused of a crime. Jury selection in a trial involving false accusations is therefore crucial. A good defense attorney will look for potential jurors that can use their own experience and thoughts about the trial, who will…
DetailsAll California residents over 18 with U.S. citizenship are eligible for jury duty. People who receive a summons for jury duty sometimes ignore it. Or, people may change their address – who are poor, homeless, or have big problems of their own and not receive a jury summons. Sometimes, a jury summons is the least…
Details