Several news outlets recently published stories about Daniel Johnson, a 26 year old California man who filed a lawsuit against the Los Angeles County Sheriff’s Office for excessive force. The complaint alleges that Johnson was inside his parents home, when someone knocked on the door and told him his father was receiving a ticket for…
We have all seen Girl Scouts in February, going door-to-door, at grocery store doors. Sometimes their parents sell the cookies at the office. These days, Girl Scouts are becoming more enterprising. Last week, a Girl Scout and her mother made headlines when the girl decided to sell cookies outside a medical marijuana dispensary in San Francisco. Another…
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…
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…
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…