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Your Rights

Providing criminal defense services to
clients throughout the East Bay and
its surrounding areas.

Criminal Charges Archives

Criminal defense advocates predict end of the death penalty

Advocates for the fair treatment of those with criminal allegations have been discussing for a long time whether the death penalty is an appropriate punishment. Many criminal defense attorneys and advocates agree that capital punishment is cruel and unusual punishment, and that no crime should warrant being put to death. The death penalty is still legal in California, but the President/CEO of the NAACP predicts that it's possible to do away with the death penalty throughout America within ten years.

Widow of unarmed man killed by Oakland police opens federal trial

Police officers have a duty to protect citizens from harm, and to treat those with criminal allegations with decency while attempting to question or apprehend them. Although it's permissible to use deadly force if an officer's safety is threatened by someone charged with a crime, this action is to be used as a last resort. Over the past few years, Oakland residents and judges have been scrutinizing the reputation of Oakland police officers, claiming many use undue force and "shoot first and justify it later," according to an attorney in a federal trial against two local police officers.

Oakland man sues after falsely placed on 'Most Wanted' list

Being falsely accused of a crime is much more than an annoyance. It can come with many serious consequences, including losing one's reputation and even criminal charges that result in time behind bars. In some cases, all it takes to clear someone charged with a crime is to resolve the misunderstanding with law enforcement, but more often it will require a defense attorney to help sort the issue out.

Oakland man pleads not guilty in murder charge

U.S. law requires each person charged with a crime to be treated as innocent until proven guilty in a fair and unbiased trial. It should be taken seriously when a person enters a not guilty plea, even if they have previous criminal charges, and whether or not they appeared guilty at the time the charges were filed.

Oakland man may be unfit to stand trial for murder

The mental state and stability of a defendant must not only be taken into account when considering his or her involvement in the alleged incident they are accused of but also before and during arraignment and trial proceedings. In order for a fair trial to be conducted, the defendant has to be capable of understanding the charges against him; he must also be able to play a responsible role in the handling of his criminal case. If the person's mental health is in question, he may be evaluated to see if and when he will be fit to stand trial. This is the case for one man facing multiple murder charges in Oakland, California.

Judge approves settlement of UC Davis case involving pepper-sprayed protesters

The University of California Davis announced the approval by a federal judge of the settlement of a lawsuit involving Occupy UC Davis protesters who were pepper sprayed by UC-Davis police. The protesters, were seated and unarmed, were shown in numerous videos being pepper-sprayed by police dressed in riot gear.

Mandatory minimums: because we can make you

Mandatory minimums for drug crimes have received a significant amount of criticism. They have been part of the problem resulting in prison overcrowding in California and nationwide. They have also added to the cost of operating prisons by increasing the total numbers of inmates and the lengths of their sentences. Even judges dislike mandatory minimums, as they eliminate the discretion that is one of the core elements of being a judge.

Marijuana dispensary case against two Vallejo men dismissed by judge

As medical marijuana becomes ever more common, the courts are attempting to sort out what the law is, and the type of police enforcement of these drug laws is permissible. A recent court ruling out of Vallejo involved a marijuana dispensary that was set up as a medical marijuana cooperative.

How long is too long for some crimes?

This is a question judges face all of the time. As part of their duties as judge, they are to exercise judgment and discretion in determining how long an individual should serve to pay their debt to society. This discretion has been eroded in many cases over the last few decades, as politicians, needing to demonstrate their "toughness" on crime, have created ever more crimes with mandatory minimum sentences.

Why would they confess?

People find it difficult to understand how someone could confess to a crime they did not commit. They may believe that the suspect must have "done it," confessed, but on second thought, want to later recant their statement. Some of those people include prosecutors. But, according to a story on 60 Minutes, they would be wrong.


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