Domestic Violence and Equal Rights Domestic Violence and Equal Rights . It is a horrible thing to be a victim of domestic violence, involved in a relationship where a person is verbally and physically abused and made to feel powerless and hopeless. Until domestic violence was treated seriously by the courts and society, people often were heard…
The Conflict Between California and Federal Online Child Pornography Laws The Conflict Between California and Federal Online Child Pornography Laws . Two California Appellate court cases within the last 5 years have stated that California Penal Code Section 311.11 applies to files located computer’s “cache” are “knowingly possessed” within the meaning of the California child pornography statute.…
California State Senator Yee Indicted California State Senator Yee Indicted . On March 27, 2014, California State Senator and former candidate for mayor of San Francisco Leland Yee was criminally indicted by a federal grand jury for trafficking in firearms and corruption. Yee has been involved in local and state politics for many years and was running…
The Associated Press (AP) recently published an article stating the federal Department of Health and Human Services (HHS) has approved funding for a study on the effectiveness of medical marijuana treatments for military combat veterans returning from Afghanistan with symptoms of PTSD—anxiety, insomnia, nightmares, panic attacks, etc. Doctors have long believed that inhaling or smoking marijuana may calm…
The state of California has always allowed possession of firearms inside the home by law-abiding persons. However, the state does not allow carrying concealed firearms outside the home without a permit. These permits are issued by the various counties. In a surprise decision, the Federal 9th Circuit court, which covers California and other Western states, ruled that a county…
Creative Criminal Defense – The Affluenza Argument Creative Criminal Defense – The Affluenza Argument . A strange story out of Fort Worth Texas. Ethan Couch, a 16-year old-boy who was speeding and Driving Under the Influence—with a BAC that was THREE times the legal limit for Texas juveniles—struck and killed 4 people. Rather than charging him…
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…
Another 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…
I 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…
Throughout 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…