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…
We 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…
Last 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…
As 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…