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What Is SB 1437?

December 6, 2019
Under California’s new felony murder rule, only certain people can be convicted of this offense. SB 1437 is California’s new felony murder rule. Governor Jerry Brown signed this bill into law in September 2018. SB 1437 limits who can be prosecuted for felony murder. Under the previous law, any person could be convicted of felony…
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Can a Case Be Dismissed If Your Rights Aren’t Read?

December 4, 2019
Depending on the facts of your case, a failure to read rights can lead to a dismissal of the case against you. Most Americans have a basic familiarity with the Miranda warnings. Even if you don’t know the name, you are likely familiar with what the police are supposed to say if you are arrested…
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Does the Defense Have to Disclose Evidence to the Prosecution?

December 2, 2019
Under California law, the defense is required to turn over specific information to the prosecution. In criminal cases, the prosecution has an obligation under the constitution to turn over what is known as Brady material. Named after a United States Supreme Court case, this requirement extends to all material, exculpatory evidence. In other words, if…
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When Can Your Home Be Searched When You Are on Probation?

November 30, 2019
You may not be able to say no to a search if you are on felony probation. Generally, Americans have the right to say no to searches of their homes under the Fourth Amendment of the U.S. Constitution. Yet if you have been convicted of a crime, you may have agreed to give up some…
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Sex Crimes–What is a “CSAAS” Expert?

In many cases involving sexual molestation or other sex crimes involving children, it is common for the prosecution (and sometimes the defense) to call a Child Sexual Abuse Accommodation Syndrome ("CSAAS") expert. This expert, typically a psychiatrist or psychologist, seeks to provide insight to the jury concerning why children are reluctant to disclose sexual abuse and how children attempt to Continue Reading