The First Amendment guarantees the right to free speech in this country. Nonetheless, we hear about judges issuing gag orders in high-profile cases, clearly restricting the speech of individuals connected to both civil and/or criminal trials. What gives?  The Point of Gag Orders Judges typically issue gag orders—sometimes called non-dissemination orders– to restrict people from talking about a case publicly. They can apply to witnesses, attorneys, plaintiffs, and defendants. Protecting the integrity of the court system is the goal of these orders, as judges strive to keep potential jurist ..read more

If, while defending yourself, someone else, or property, you caused harm to another individual, it’s possible you could be charged with a crime like assault, battery, or even, in the most extreme situation, murder.  But you were only defending yourself, so how is this possible? Sometimes it takes a court of law to sort things out and come to an equitable and just conclusion. And when self-defense is a factor, having a good attorney to represent your interests is important. Legal Requirements for Self-Defense In California, there are three key elements that must be proven when self-defense ..read more

Here in California and across the nation, police use spit hoods to protect officers from being spit on or bitten when individuals engage in this behavior or threaten to, during arrests, transfers, or otherwise, as necessary. It is understandable that police want to avoid such attacks—but there are real concerns about the safety of these hoods.   More About Spit Hoods These hoods are really just mesh sacks that are placed over an offender’s head, sometimes made with material like what is used in medical masks on the bottom. They have an elastic ring around the opening. The mesh is mad ..read more

It is a decision that must be weighed very carefully: should you testify in your own defense? About half of all defendants decide to take the stand to proclaim their innocence. Defendants with prior felony convictions are less likely to testify, often concerned that juries will discover they have had past problems with the law. Likewise, those accused of charges related to gang activity seem to believe juries will be biased against them and are usually reluctant to take the stand. What about you? Will you be able to make the case for yourself that no one else could?  Possible Benefits Eve ..read more

If you have been arrested for a felony, you are doubtlessly feeling frightened. What is in the cards for you? Should you accommodate police requests for information to demonstrate your innocence? Should you do anything and everything to get out of custody? No, and no! If you are looking at felony charges, your initial decisions will have a massive effect on your case. So sit tight and remember your rights.  Fifth Amendment Regardless of how pleasant or how threatening investigators may be, it is crucial that you remain silent. It is the first step toward avoiding self-incrimination and is ..read more

The federal Witness Protection Program is operated by U.S. Marshals, with the goal of providing new identities to individuals who face the possibility of vengeance from organized crime groups like the Mafia, for example, when testifying against them. Groups like these who terrorize communities or are otherwise involved in violent crimes may be a real threat to witnesses. The government understands that government cooperation can be a serious safety concern for witnesses and their families and has been tasked with protecting them since 1971 as part of the Organized Crime Control Act of 1970.&nb ..read more

We hear about the right to a speedy trial—a constitutional guarantee provided by the Sixth Amendment. Nevertheless, we hear about people who are behind bars awaiting trial all the time, which makes one wonder, what does the term “speedy” really mean in this context? And why are nearly 45,000 people sitting in county jails across California even though they have never been convicted or sentenced? Moreover, why have over 1,000 been rotting in jail for over three years, and why have another 332 been there for over five years?  Speedy is Debatable There is no actual definition of “speedy” in ..read more

If you are facing criminal charges, there may be circumstances when a change of venue is appropriate. What are those situations, what are the benefits of such a change, and what are the procedures to get a change of venue? When is a Change of Venue Request Appropriate? There is an array of reasons for which a change of venue may be requested. Obviously, if the charges were filed in the wrong court, to begin with, there will be a venue change—but there are other reasons for a change, as well. The bottom line is that every defendant deserves a fair and impartial trial. One key reason might be if ..read more

If you have been charged with the distribution of fentanyl, you will be facing tougher penalties in the State of California this year. The change in the law was precipitated by the increase in fatalities related to fentanyl overdoses.  Fentanyl’s Use A synthetic opioid, fentanyl has proved to be fatal even in small doses. Up to 100 times stronger than its cousin morphine, pharmaceutical fentanyl was originally developed as a way to help patients manage the pain of cancer. While it is sometimes sold by itself, it is also frequently used to lace other street drugs such as cocaine or heroin ..read more

We all know that a warrant has many purposes: a search warrant entitles law enforcement to search specific persons or property; an arrest warrant identifies someone who will be going to jail. But what is a reverse warrant, and how does it impact you? The fact of the matter is these reverse warrants literally scoop up huge quantities of private information, never having identified a particular criminal suspect and never showing probable cause that the evidence they are seeking will be found in corporate databases being searched.  Understanding Reverse Warrants Law enforcement personnel hav ..read more