What is Probable Cause?
Probable cause is a legal standard in the United States that is required in order for law enforcement to conduct a search, make an arrest, or obtain a warrant. In California, the standard of probable cause is set forth in the state’s Constitution and is defined as a reasonable belief that a person has committed […]
Synopsis of the U.S. Supreme Court Case Gideon v. Wainwright
Gideon v. Wainwright is a landmark Supreme Court case that established the right to legal counsel for defendants in criminal trials who cannot afford to hire an attorney. The case was decided in 1963 and has had a significant impact on the criminal justice system in the United States. The case began in 1961 […]
Does a Victim Ever Exaggerate the Value of Property in Grand Theft Cases? PC 487(a)
When a defendant is charged with grand theft under Penal Code 487(a), the value of the property taken is an important factor in determining the severity of the charge. Grand theft can be charged as a felony or a misdemeanor, depending on the value of the property taken. Under California law, grand theft is defined […]
Synopsis of the U.S. Supreme Court Case Terry v. Ohio
Terry v. Ohio, 392 U.S. 1 (1968), was a landmark United States Supreme Court case in which the Court ruled that the Fourth Amendment prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and conducts a limited search for weapons if the officer has a […]
What is Imperfect Self-Defense Under California Law?
Imperfect self-defense is a legal defense in California that can be used in cases of murder or manslaughter. It is based on the idea that the defendant believed they were acting in self-defense, but that belief was not reasonable. Under California law, self-defense is defined as the use of reasonable force to protect oneself from […]
Addressing the Need for Federal Sentencing Reform
The United States has one of the highest incarceration rates in the world, with over two million people currently behind bars. The issue of federal sentencing reform has become increasingly important in recent years as the country grapples with the high social and economic costs of mass incarceration. In this article, we will discuss the […]
Dismissing Criminal Cases for a Sixth Amendment Speedy Trial Violation
The Sixth Amendment to the United States Constitution guarantees that criminal defendants have the right to a speedy trial. This means that criminal defendants have the right to be brought to trial within a reasonable time after they have been charged with a crime. In California, the state constitution and the California Penal Code also […]
Are You Charged in State and Federal Court for the Same Crime?
It is not uncommon for a criminal defendant to be charged with the same crime in both state and federal court. This occurs when the alleged crime violates both state and federal laws. In these cases, the defendant may face prosecution in both the state and federal court systems, which can result in two separate […]
