Don’t Let Immigration Status Sabotage Your Client’s Sentence

489194765The following is a guest blog post by Norton Tooby, who has a national law practice in Oakland, California, providing expert consultation and representation on immigration consequences of criminal convictions, post-conviction relief, and criminal defense of noncitizens.

The Supreme Court has focused attention on the need to advise clients accurately on the specific immigration consequences of a guilty plea. Padilla v Kentucky (2010) 130 SCt 1473. But it’s also essential that defense counsel accurately advise clients about the sentencing consequences of his or her immigration status. Counsel must also do whatever is possible to prevent a defendant’s immigration status from destroying his or her opportunities for the alternatives to incarceration used in most criminal cases that result in sentences.

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What to Do about an Incompetent Interpreter

455104761A witness who would otherwise be incompetent because he or she can’t understand or speak English can be made effectively competent by using an interpreter. But what happens when the interpreter is accused of being incompetent? Continue reading

A Victory for Personal Information Privacy

469048959In a stunning victory for Fourth Amendment rights and personal information privacy generally, the United States Supreme Court in Riley v California has held that police may not search an arrestee’s cell phone without a warrant. This unanimous decision suggests that both the liberal and the conservative wings of the Supreme Court agree that personal information on cell phones (and presumably other mobile devices) is protected under the Fourth Amendment. Continue reading

Calming a Client Before Cross

469790631For many people—especially avid courtroom drama watchers—the anticipation of being cross-examined is terrifying. If your client is one of these people, try these calming techniques. Continue reading

Do’s and Don’ts of Juror Contact

10tips_22573018Not surprisingly, California’s legal ethics rules have a lot to say about how attorneys relate to jurors. Here are 5 do’s and don’ts when it comes to attorney-juror interaction. Continue reading

Client with a License Issue? Take 3 Steps ASAP

166114538When you’re retained to represent a disciplined licensee or someone who’s been denied a license, the best defense is an early offense. Continue reading

Order Your Witnesses for Impact

witness_78724356A trial should be like any well-choreographed event: strategically order your witnesses for maximum impact. Continue reading

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