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Criminal Defense Archives

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.

Human Rights Watch: feds coerce guilty pleas with redundant laws

A recent study by Human Rights Watch reveals evidence of coercive conduct by federal prosecutors during plea negotiations for federal drug offenses. As you may know, some 97 percent of all federal defendants agree to plead guilty; if they didn’t, our trial courts would be overwhelmed. Those guilty pleas should never be the result of unfair tactics by U.S. Attorneys and their staff -- and no one in our justice system is supposed to plead guilty to crimes they didn’t commit.

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.

FBI: both violent and property crimes dropped again last year

According to the latest data collected through the FBI’s Uniform Crime Reporting program, or UCR, the nationwide downward trend in both violent and property crimes continued last year. The UCR collects information on crimes and arrests from 18,290 municipal, state, federal, tribal and college and university law enforcement agencies, so it gives us an accurate look at the true level of crime in the U.S.

Doctor accused of stealing funds meant for cancer research

A former physician at San Jose's Valley Medical Center is accused of embezzling nearly $50,000 from a federal grant awarded for cancer research. According to a report, the physician (who is no longer associated with the medical facility), allegedly deposited $46,000 in reimbursement checks from the American College of Radiology into his personal account.

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.

Oakland police should be careful to respect suspects' rights

In recent weeks, several studies have been published demonstrating that the rate of crime in San Francisco and Oakland is approaching record highs. In fact, the rate of some crimes in Oakland, including robbery, is the highest in the country. It is no surprise, then, that police in Oakland are exploring options on how best to reduce the city’s crime rate. Though this is important work, police should be careful to remember that they must respect the rights of suspects and others in the community.

San Joaquin DUI court closely monitors repeat offenders

Participation in a special DUI court is not mandatory in many California counties, but San Joaquin County started a new court model back in 2008, requiring every repeat DUI offender to take part in a monitoring program. Statistics provided by a research group indicate that the program is yielding some positive results, and the county received federal funds via the state to keep the program going for another year.

Recent Case Results

  • Drunk Driving Offenses

    John was able to get client a reduction of charge of a DUI because of being a nurse it could mean her license.

    He secured a Drunk in Public , and she would attend a 3 month program. Additionally, the dmv hearing was also set aside.

    Both being a win for the client.

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  • Domestic Violence

    A client was arrested for a Felony Domestic Violence, could have devastated her potential for future employment. John was able to get the case dismissed. Client was thrilled.

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  • 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.

    Read More
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