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, […]
What are the Chances a Judge Issues a Gag Order for Your Trial?
The First Amendment guarantees the right to free speech in this country. Nonetheless, we hear about judges issuing gag orders in high-profile cases, clearly restricting the speech of individuals connected to both civil and/or criminal trials. What gives? The Point of Gag Orders Judges typically issue gag orders—sometimes called non-dissemination orders– to restrict people from […]
Have You Been Charged With Hazing?
Hazing occurs in high schools and colleges across the country, notwithstanding extensive publicity detailing the dangers associated with it, in concert with laws on the books penalizing those who perpetuate it. Here in California, we have seen our fair share of hazing resulting in horrendous outcomes: A high school football player in Rancho Cucamonga pleaded […]
I Have Just Been Charged with a Felony: What Should I Do?
If you have been arrested for a felony, you are doubtlessly feeling frightened. What is in the cards for you? Should you accommodate police requests for information to demonstrate your innocence? Should you do anything and everything to get out of custody? No, and no! If you are looking at felony charges, your initial decisions […]
A Speedy Trial?
We hear about the right to a speedy trial—a constitutional guarantee provided by the Sixth Amendment. Nevertheless, we hear about people who are behind bars awaiting trial all the time, which makes one wonder, what does the term “speedy” really mean in this context? And why are nearly 45,000 people sitting in county jails across […]
Reverse Warrants
We all know that a warrant has many purposes: a search warrant entitles law enforcement to search specific persons or property; an arrest warrant identifies someone who will be going to jail. But what is a reverse warrant, and how does it impact you? The fact of the matter is these reverse warrants literally scoop […]
Can We Trust Black Box Technologies in Criminal Prosecutions?
Law enforcement relies on artificial intelligence (AI) in making determinations related to investigating, charging, sentencing, and even releasing offenders across the country. More and more, AI algorithms are incredibly complex and their pathways are secretive. That has led to the use of opaque technologies, otherwise known as black boxes. What are We Talking About? In […]