What is the Presumption of Innocence? Most people have no idea what the presumption of innocence is, and unless you have sat on a jury deciding a criminal case, you may not understand it either. In California, there are jury instructions that are read to the jury right after they hear all of the evidence […]
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Want to Bail Out of Jail ? Are you wanting to know how to bail out of jail? Bail is a scheduled amount of money that a defendant must pay to the court in order to be released from jail after initially being arrested. Bail serves as a means to ensure that a defendant in
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The California State Auditor, Elaine Howle, seems to think so. She published a report dated August 11, 2016 stating that she believes that because of the fact that there is no state oversight into the program, there is a lack of transparency into the program which results in the high potential to violate individual’s privacy
The CalGang Criminal Intelligence System—Violating Individuals’ Privacy Rights? Read More »
One of the most disconcerting things for a defendant to face is when they sit in trial for a crime they allegedly committed and see the prosecutor engaging in behavior that is wrong in every sense of the word. The legal term is “prosecutorial misconduct” and it can occur at any point during criminal proceedings
State and Federal Prosecutors: What Happens When They’re Not Just? Read More »
A recent hot topic across the United States has been the use of in custody government snitches against in-custody defendants. In a famous murder case that occurred in Seal Beach, California involving Scott Dekraai, involved weeks of hearings resulting from a defense motion to dismiss in which law enforcement personnel and government snitches testified. The
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Criminal defense attorney When you have been arrested and accused of committing a crime, or you are under investigation, you need to find a criminal defense attorney immediately. With the internet at your fingertips, it is hard to determine which attorney is perfect for your situation. Do you pick the attorney who seems to be
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A criminal conspiracy charges occurs when two or more people conspire to commit almost any illegal act, and then take some type of action towards completing that illegal act. The specific action that they take does not need to be illegal; rather, it just has to be an act that would contribute to the
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On October 15, 1970, the Organized Crime Control Act of 1970 became a law. In this Act is the Racketeer Influenced and Corrupt Organizations Statute, better known as the RICO statute which lays out all the federal RICO charges. The RICO statute’s purpose is to eliminate the infiltration of organized crime and racketeering into legitimate
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After the increase in criminal gang activity in California during the 1980’s, the legislature decided to come up with new criminal gang activity statutes that would punish this type of activity more severely than non-gang related criminal activity. The problem is, prosecutors routinely charge a crime as “gang related” when it isn’t, and trying to
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