If you are familiar with the Fifth Amendment of the Constitution, you know that it provides protection against self-incrimination. That means you cannot be forced to disclose information that is directly incriminating or that could lead police or prosecutors to discover incriminating evidence against you in the future. It is…
San Diego Criminal Lawyers Blog
The Alien Enemies Act
Immigration is a touchy subject these days, as the administration has begun aggressively seeking out and deporting individuals suspected of criminal activity. Recently, that has involved warrantless arrests and no due process to allow suspects to defend themselves against charges. It’s all based on an 18th-century law called the Alien…
Substance Abuse and Crime
Drugs and alcohol abuse impact a person’s life—from their family, co-workers, and friends to the community in general—and the repercussions can be devastating. The weight of addiction reaches far and wide, from schools to prisons and everything in between. In fact, one of the greatest impacts is the connection between…
Making Motions in Court
Anyone who has seen a courtroom drama on the big screen or on television has heard lawyers make motions. Although you have probably never really thought about them, the truth is they can make an enormous difference in the outcome of a trial. What are Motions? Motions are written requests…
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…
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…
Female Incarceration
The number of women and girls who are incarcerated has increased seven-fold since 1980. While it is true that many more men than women are behind bars in this country, it is also a fact that women are entering jails and prisons at double the rate of men, with roughly…
The Importance of Reasonable Doubt in a Criminal Case
If you are headed for a criminal trial, you are relying on your attorney to create reasonable doubt of your guilt in the minds of the jury. What does that mean, and how is it achieved? The Meaning of Reasonable Doubt The prosecution has the burden of proof, meaning they…
Uses of Social Media in Criminal Cases
The implementation of social media by prosecutors and police to investigate and prosecute criminal activity has seen a marked increase in recent years. Because relatively few legal restrictions on the use of such media exist for them, it’s an easy access point. Social media—including posts in places like Instagram and…
Undocumented Migrants—and Those Who Harbor Them– Face Peril
The current administration has hit the ground running when it comes to highly publicized reports of deporting undocumented migrants, and they are pushing forward without looking back. What does it mean for individuals and/or families who share connections with these migrants, and for the migrants themselves? Migrants: Know Your Rights…