San Diego Criminal Lawyers BlogU.S. 9th Circuit Court of Appeals Judges Jay S. Bybee, a George W. Bush appointee, and Stephen Reinhardt, appointed by President Carter, are expressing their frustrations in a California Supreme Court ruling that would allow a state prisoner to challenge his detention in federal court. The case, Freddy Curial v. California dealt with legal deadlines, […]
Search Results for: constitutional
Criminal and Constitutional Rights of Corporations: Apple’s Example
In an unprecedented case, Apple, the ever-popular electronics company, has argued that the FBI is violating its constitutional First amendment rights. In a 36-page legal brief submitted in the District Court: Central District of California, Apple made its first formal rebuttal to a court order ordering Apple to code a software that would make it […]
Freddie Gray Tragedy a Lesson in Constitutional Rights
As Baltimore becomes the latest casualty of events transpiring from police brutality, another Justice Department investigation is underway for the multitude of constitutional rights Freddie Gray may have suffered at the hands of police. Most people don’t think of criminal law as being fundamentally intertwined with our basic constitutional rights, or even as a ‘subsect’ […]
California Supreme Court Says Sex Offender Residency Law is Unconstitutional
Earlier this Week, the California Supreme Court decided unanimously that blanket, statewide bans on where sex offenders may not live (“Jessica’s Law”) violate the constitutional rights of parolees in San Diego County. Jessica’s Law (aka Proposition 83), named after a 9-year-old girl who fell victim to a sex offender who failed to report his whereabouts, […]
Defending Bank Robbery Charges
Movies about bank robberies are fan favorites, always packed with intrigue and action. From popular westerns like The Ballad of Buster Scruggs and The Long Riders to more modern films such as Ambulance and Now You See Me, bank robberies have been romanticized and somewhat glorified. But how often do they happen in real life, […]
Deceit Inherent in American Policing
Many people do not realize it, but police routinely interrogate a suspect and lie about the possibility that leniency can be traded for cooperation or even about the evidence they have. Richard Leo, a renowned expert on interrogation techniques, calls deception the most defining and salient feature of interrogations in this country. And it is […]
Common Misconceptions About Being Criminally Charged
If you have been charged with a criminal offense, you know it is a jarring experience, even if you are innocent—or maybe especially if you are innocent. Some may tell you not to fret—the truth always wins out in the end. But the fact of the matter is that innocent people are convicted of crimes […]
The Realities of Racial Profiling
While there are those who assert that racial discrimination is an atrocious—albeit ancient chunk of American history, there are more than a few people of color who beg to differ that it has been alleviated in modern times. Discrimination based on race, ethnicity, national origin, and religion can be debilitating in all kinds of settings, […]
Could You Be Deported for Committing a Crime?
For non-citizens living in the United States, following all laws is crucial. While it is true that the idea of incarceration and fines is upsetting to anyone, things can get much more problematic for immigrants who lack U.S. citizenship. That is because, in certain situations, criminal activity could result in deportation. The rules set out […]
Can I Withdraw My Guilty Plea?
Let’s say you pleaded guilty—or even a no-contest—and have since thought about it and decided that you made the wrong move with that plea. Maybe it was part of a plea agreement, and you were so frightened by the thought of a long prison sentence that you copped to lesser charges just to avoid that […]