Lawyer cannot override client’s decision to maintain innocence Roberto Ignacio Flores was charged with attempted murder of a police officer and insisted he was not the driver of the car that injured the officer. His lawyer wanted to admit that Flores was driving the car but that he never formed…
San Francisco’s Red Light Ticket Cameras, designed to take photos of cars that run a red light have not been operating since January, 2019 as they are undergoing replacement by the SFMTA. The SFMTA’s Automated Enforcement Program uses a network of automated cameras to enforce illegal red-light running and illegal…
People v. Aranda; S214116 The California Supreme Court reaffirmed its past holding that a court must accept a partial verdict of acquittal as to a charged greater offense when a jury has expressly indicated it has acquitted on that offense but has deadlocked on uncharged lesser included offenses. [Stone v.…
Lawyer cannot concede client is guilty when client insists on a defense of factual innocence Defendant was found guilty of first degree murder and using a knife in the commission of the crime after his lawyer conceded his guilt of voluntary manslaughter during closing argument. Defendant’s request to replace counsel…
The California Department of Motor Vehicles has very wide-ranging powers in that it can suspend or revoke a driver’s driving privileges for a lot of different reasons. One of the more common reasons is alleged concern about your health and whether you’re medically able to drive safely. If that issue…
The State of Alabama set an execution date for prisoner who then asserted an Eight Amendment Claim because his mental condition, relating to a series of strokes, rendered him incapable of recollecting committing the crime for which he had been sentenced to die. The Alabama Circuit Court found that the…
Body Worn Cameras for trust and transparency Body Worn Cameras (BWC) are a tool for law enforcement agencies to demonstrate commitment to transparency, ensure the accountability of its members, increase the public’s trust in officers, and protect department members from unjustified complaints of misconduct. (San Francisco Police Department Statement on…
Common Law: Court has no jurisdiction over defendant once execution of sentence commences Under the common law, once execution of the sentence has commenced or the trial court relinquishes custody over the defendant, the trial court no longer has jurisdiction over a defendant. If trial court retains the actual or…
Law enforcement may use social media to gain incriminating information about a suspect. A jury convicted Chaz Nasjhee Pride of robbery and found true allegations he committed the robbery for the benefit of a criminal street gang. Pride argued that his rights under the Fourth Amendment to the United…
In almost any type of legal matter, there are certain things you definitely should do and things you definitely shouldn’t. For example, if you get caught speeding, do not try to invent some off-the-cuff lie to create a purported justification for your speeding, and don’t double-down on that lie after…