Monthly Archives June 2016

What to Do When You Get Stopped by Police

It’s been a huge issue in the news these days; someone gets pulled over, the interaction escalates into something more than it should be, and it ends in an altercation. What are your rights when you’re pulled over? 1) You have the right to remain silent When you are pulled over by a cop, your rights are NOT surrendered because there is nothing that you’ve been proven to have done wrong. Exercise your right to remain silent. Although it is completely legal for an officer to ask for your license, registration, insurance, and other basic information, you do not have
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Police Warrantless Stops – Utah v. Strieff

Police officers can now stop any person for no reason, then conduct a search for no reason, and then use anything they find to charge you with a crime. What was once a legal fiction is now a reality thanks to the newest Supreme Court ruling in the Fourth Amendment defeating case: Utah v. Strieff. In order for police officers to stop a person and investigate them, they must have “reasonable suspicion.” This legal standard means an officer is supposed to have specific and articulable facts, more than a mere hunch, that something a person is doing is against the
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Traffic Stop Rights

A police search can be a frightening and unsettling experience, even to an innocent person fully aware of their rights.  When an individual is not informed of their rights, the experience can escalate from unsettling to catastrophic.  It is difficult to remain cool-headed enough to assert one’s rights in any police encounter, but in the case of persons stopped on the street and frisked, few people have a clear and detailed understanding of their rights. In a trend spearheaded by the NYPD under former Mayors Giuliani and Bloomberg, the controversial practice of “stop-and-frisk” has become increasingly popular in recent years
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New Federal Sentencing Guideline Changes

The last twelve months have seen important changes to the criminal federal sentencing guidelines. These changes affect how drug sentences are calculated for new offenders. The new rules also bring new hope to thousands of federal inmates currently incarcerated in federal prisons for drug offenses. Congress is committed to revising and updating federal sentencing guidelines across the broad spectrum of criminal offenses. While some offenders may see immediate relief, many fail to realize that, while significant, the new rules will be implemented over many months to come. It is crucial for all people facing federal prosecution for drug offenses to
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San Diego Deputy Public Defender David Lamb Charged with Possessing Child Porn

Local San Diego County Deputy Public Defender David D. Lamb faces federal charges for possession and distribution of child pornography. It is alleged he had possession of child pornography and attempted to distribute the material via a file sharing program. He was arrested per a warrant on May 25, and posted a $50,000 bond. The case is being transferred to San Diego. On Wednesday, June 15, he pleaded not guilty to the charges while appearing in court in Santa Ana. During investigations, federal prosecutors came across an encrypted social media platform online allowing users to trade child photos and videos.
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San Diego Court Records Information

Court records can be either criminal or civil in nature. They detail the court date making essentially a summary of all the events that occurred. In a criminal context we call these records the “docket” and this basically is a carbon copy paper that shows every event that happened during the court date with a series of checked boxes and arrows. If it is yourself or a loved one, often people want to look up to see when someone has court or what the result in their court case was. The best way to do this is to go to
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Brock Turner Convicted of Rape in California

The coverage of Brock Turner, convicted rapist and registered sex offender, has brought out nearly every idiosyncrasy of reporting sexual assault crimes. Initial coverage of this unspeakable crime was, to say the least, surprisingly flattering for the felon. News articles used Turner’s swim photos to identify him in articles. Details about his university were discussed, as Turner attended the elite Stanford University. He was described as “an all-American swimmer.” The unquestionable damage to his bright and promising future was reported with an ironic anguish – almost as if Turner’s rape of an innocent woman made him the victim instead of
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Johnny Depp and Amber Heard Restraining Order Hearing

Johnny Depp and Amber Heard have been in the news a lot lately. A new breakup between the two has caused domestic violence allegations to be alleged by both of them throughout their relationship. Amber has accused Johnny of domestic violence on multiple occasions and has even provided pictures; at this point no charges have been filed against either party. At the restraining order hearing that is coming up in a couple days, Amber claims that it will be granted because Johnny will not file any paperwork in response. Why wouldn’t Johnny defend the restraining order? To most people a
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Orlando Mass Shooting – A Lawyer’s Perspective

The shooting at a nightclub in Orlando is now deemed the largest mass shooting in US history. Recent reports have said that 50 people are dead and over 53 are wounded. This all started in what has been said by the media to be the hottest gay nightclub in Orlando at around 2:00 A.M. The shooter, Omar Mateen walked in the club with an assault rifle and other weapons and started shooting. A hostage situation ensued and the police decided to swarm the club at 5 AM to try apprehend the shooter. The police then exchanged gunfire with the suspect
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Are Jailhouse Informants Reliable?

The use of jailhouse informants – otherwise known as “snitches” – isn’t just a practice used by attorneys on the big screen. Although invisible to the public eye, jailhouse informants are pervasive in our justice system, and are commonly used by prosecuting attorneys in criminal defense trials everyday to help secure a guilty verdict. Though it’s never expressly stated, the prosecution offers incentives to inmates who cooperate, such as lighter sentences, relocation to more favorable detention facilities, or even a chance at acquittal. Furthermore, jailhouse informants don’t just come by information on accident; rather, inmates more or less apply for
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What are my rights on a traffic stop?

Almost everyone will be pulled over for some reason at some point, if they drive a car. Are you aware of what your rights are when this happens to you? It is important that you know that you have the right to be free from unreasonable search and seizure if you get pulled over for a traffic stop. This includes your cell phone. What This Means To conduct a lawful search, the police must either have your consent, or a search warrant issued by a judge. You might wonder why you should assert your rights and protect your phone. Your
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