Recent Posts in Commentary Category

  • How Can You Afford a Lawyer in This Economy?

    || 20-Oct-2015

    These are the toughest economic times in this country in a long time. Now this may not be an interesting subject for you to read but you need to understand it because it affects you directly. Families are having a much harder time accessing enough money to hire good lawyers. You have probably seen in the news all the big companies who are going under because of the collapse of our economy. When ...
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  • Strategy for Preliminary Hearing in San Diego County Criminal Courts

    || 15-Oct-2015

    I am writing this article so you can understand the value of the preliminary hearing. The preliminary hearing is that hearing when witnesses are called to determine whether there is enough evidence to bind a case over for trial. It is also a major crossroads in the case because once it is over you are set for trial and you change the readiness department never to go back to the old department ...
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  • Police Officer Credibility: Pitchess and Related Motions

    || 12-Oct-2015

    Whether your attorney is trying to get the best “deal” or win your case at trial, casting doubt on the credibility of the cop(s) involved in the case can become important to your defense. Broadly, there are two ways to go about casting doubt on the cops’ credibility: First, you can directly assert that the cop(s) knowingly engaged in deceitful or wrongful behavior contributing to ...
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  • Gun Enhancement Laws: Can They Be Stricken?

    || 4-Oct-2015

    This is an article on the everpopular topic of firearm enhancements in California. These laws provide very stiff penalties and in some cases, once placed in the case they cannot be stricken. 1) What subjects defendants to a gun enhancement? Use of a firearm during the commission of a crime makes a defendant mandatorily subject to a gun enhancement. In fact, just being a principal actor in the ...
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  • Criminal Defense: The Game Has Changed "Big Time"

    || 23-Jun-2015

    When I first started practicing criminal defense back in the early 80’s the laws were tough but they left a lot of discretion and wiggle room to get a good result even if the prosecution was being especially hard on the case. As the years went on our population grew, the amount of people committing crimes grew, and legislatures everywhere enacted laws making penalties greater for criminal ...
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  • Riverside County can be a difficult place to be charged with a crime and get adequate justice. A recent article in the Los Angeles Daily Journal reported that a grand jury faulted the Riverside County District Attorney for causing major backlogs in the courts. We submit that these problems have caused a real problem with adequate justice for anyone charged with a crime. Riverside County causes ...
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  • Can Our Justice System Be Fixed?

    || 10-Jun-2015

    Having worked in the criminal court system in San Diego daily for the last 30 some years I have made some observations that I would like to share. As we watch this presidential election I can’t recall when there was more vocal dissatisfaction with the system as we see today. The economy is in shambles and this recovery is about as slow as a recovery gets. Yet when I am in the court system ...
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  • Why Many People in Jail Can't Afford a Lawyer

    || 2-Jun-2015

    If you are wondering why your family can’t afford a private lawyer, it has a lot to do with the state of our economy. Everybody is talking about it. It's on the TV every day and whenever an election is coming up both sides use it in an attempt to get themselves elected. The fact is that their economic problems have very little to do with who is president and a whole lot to do with what ...
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  • If you are charged with murder or some equally serious crime and your family cannot afford to hire a high quality lawyer for trial, consider hiring a high quality criminal defense lawyer through the preliminary hearing. Typically in a murder case, the preliminary hearing can be continued out several months, so that the defendant can process the usually massive amounts of police reports and ...
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  • Reducing the Degree of Murder

    || 31-May-2014

    This sounds like a bleak topic for anyone charged with murder, but it is important to recognize and deal with all options. In a murder defense case the prosecutor usually tries to prove the highest mental state. They typically want to show that the killing was in cold blood and was premeditated and deliberate. Classically, a premeditated and deliberated murder is a “first-degree” ...
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  • Handling a Murder Case "A Murder Lawyer's Perspective"

    || 1-Apr-2014

    When you are charged with murder in San Diego, you have been charged with one of the most severe crimes in the system. Not only are the punishments of the highest level but the resources used by both the police and the prosecutors are much greater than other types of crimes. Just how many resources are put into the government investigation and the prosecution depends upon how serious they consider ...
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