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Posts tagged "evidence"

DA decides not to prosecute doctor for supposed insurance fraud

Charges against a California doctor were dismissed who had been accused of perjury, making a false claim and preparing a false claim.  The doctor's attorney stated that there was no evidence to support his client being criminally prosecuted.

Exonerations for wrongful convictions on the rise

Though newspaper accounts may leave the impression that anyone arrested of a crime is guilty, one study demonstrates that exonerations for those arrested have risen. According to a National Registry of Exonerations program report, exonerations across the country are at the highest levels in 25 years. 

If suspected of a crime, avoid taking 'selfies'

Tween girls post photos of themselves on Facebook every time they're doing, well, anything. Your co-worker posts a new picture of himself on Instagram every time he's at the gym. Love them or hate them, "selfies" are everywhere. Generally, they're harmless, albeit mildly annoying. A recent situation in Oakland, however, shows that sometimes selfies can get you into trouble.

US Attorneys are violating defendants' rights: 9th Circuit chief

The chief judge of the 9th Circuit court of appeals just issued a stinging rebuke to members of his own court, assistant U.S. attorney who tried the case before them, and federal prosecutors across the nation. His comments were part of his dissent in a federal weapons case in which the prosecutor appeared to have held back evidence he had been legally and ethically bound to deliver to a defendant facing federal weapons charges.

DNA databases: another layer of discrimination in criminal law?

This week, the 9th Circuit Court of Appeals is holding a rare re-hearing on the constitutionality of collecting the DNA profiles of arrestees into databases intended to solve future crimes. The appellate court has heard the case before but decided to rehear it in light of a U.S. Supreme Court ruling on a similar Maryland law this June.

Alleged 'Silk Road' Internet drug kingpin arrested in Glen Park

A 29-year-old San Francisco resident was taken into custody on Tuesday in the science fiction section of the Glen Park Branch Library. Federal prosecutors accuse the man of masterminding an online drug marketplace called “Silk Road,” where buyers and sellers of illegal drugs could make their exchanges in an atmosphere much like that of eBay.

Is California's bill for a 'revenge porn' ban good public policy?

Most of us are disgusted when people post explicit photos of ex-lovers online in order to express their scorn and humiliate them. This practice, called “revenge porn,” is not only hurtful, but it can also have destructive consequences for its victims, mostly young women. Strangers make catcalls after recognizing the victims. Family relationships are strained. Professional reputations are destroyed and jobs are lost.

Critical juvenile confession videotaping bill now before governor

Two bills sent up for Governor Brown’s signature on Friday could have important effects on how California investigates and prosecutes juvenile crimes. SB 260 was passed to comply with last year’s California Supreme Court holding that decades-long prison sentences for non-homicide crimes committed by juveniles are unconstitutional unless they offer a meaningful opportunity of release. It would require parole hearings for all such offenders, including in homicide cases.

8 alleged members of violent crime 'cliques' arrested in Oakland

Police and prosecutors make a habit of publicly accusing people of crimes long before they’ve had their day in court. Sometimes, apparently, they slip into making public accusations before people have even been charged with crimes. It seems to be good public relations, but often enough it turns out they were wrong. Names have been named in a flurry of excitement after an arrest, but seldom does the press hail the news when the arrested person is acquitted or even exonerated.

Recent Case Results

  • Juvenile Charges

    A juvenile was arrested for 2nd Degree Robbery. After 6 months the case was dismissed.

    A juvenile was arrested for Sexual Battery. After 6 months and 80 hours of Community service, the case was dismissed.

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  • Drunk Driving Offenses

    A client with a 1st DUI arrest. Fearing she would go to jail; lose her license for a year and lose her job. Got a wet reckless and minimal fines.

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  • Drug Charges

    A client with 4 Felony charges on a Transportation Charge, a Attempt to Sell, Possession of Marijuana, (50 pounds), Conspiracy Charge all where reduced to 1 Misdemeanor. No Jail.

    Client was charged with 6 Felony drug possessions. Facing jail time. The results: Client got a deferred entry of judgment and then dismissed.

    Client charged with several felony counts of possession of Marijuana with intent to sell. Client was involved in a medical marijuana grow. Case was reduced and later dismissed.

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  • Sex Crimes

    A client with alleged 2 Felony Sex charges and he faced jail and sex registration. The case was entirely dismissed.

    Client charged with prostitution; facing jail time and sex offender registration. Result: NO JAIL TIME AND NO SEX OFFENDER REGISTRATION Deferred Entry of Judgment.

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  • Domestic Violence

    Client charged with domestic violence, with great bodily injury. Case reduced to a misdemeanor with time served.

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