Posted on January 28, 2015 by Julie Brook, Esq.
When corporate goes criminal, i.e., an investigation involving a corporation leads to a criminal case headed to trial, you often need computer forensic experts to testify about the evidence. Such experts know all about electronic devices and data storage and retrieval, but they don’t necessarily know how to clearly relay that knowledge. It’s up to you to prepare your computer forensics expert to testify effectively. Continue reading
Filed under: Business Law, Civil Litigation, Criminal Law, Evidence, Legal Topics | Tagged: computer forensic expert, corporate crime, digital forensics, digital investigator, electronic evidence, expert witness, trial | Leave a comment »
Posted on January 9, 2015 by Robert Denham, Esq
The law requiring notice of incarcerated heirs has just been extended to beneficiaries, too. Practitioners have long recommended giving notice of at least those incarcerated beneficiaries who might take property by intestate succession. But now it’s the law.
Filed under: Criminal Law, Estate Planning | Tagged: California Victim Compensation and Government Claims Board, incarcerated beneficiaries, incarcerated heirs, trustees | 1 Comment »
Posted on January 5, 2015 by CEB
The following is a guest blog post by Katherine Brady, a Senior Staff Attorney at the Immigrant Legal Resource Center in San Francisco.
On November 20, 2014 President Obama announced a new program—Deferred Action for Parental Accountability (DAPA)—that may help millions of undocumented immigrants who are parents of U.S. citizens or permanent residents. Qualifying applicants will get a temporary reprieve from deportation (currently set at three years), as well as an employment authorization document that will permit them to get a legal social security number. In California alone, over one million people may qualify for this program. Criminal defense lawyers will get a lot of questions about this program, because the main bar to eligibility is conviction of certain crimes. Continue reading
Filed under: Criminal Law, New Legal Developments | Tagged: criminal convictions, DAPA, Deferred Action for Parental Accountability, immigration law, new immigration program, Obama's immigration program | 1 Comment »
Posted on November 21, 2014 by Julie Brook, Esq.
You get a call from a family member, friend, or client who’s either been arrested or will be soon with a misdemeanor, such as a DUI. Maybe you’re new to practice or criminal law isn’t your usual area. Should you take on the case? Follow these steps before deciding whether to jump in. Continue reading
Filed under: Criminal Law, Practice of Law | Tagged: arrest, attorney, criminal defense, DUI arrest, misdemeanor | 2 Comments »
Posted on November 17, 2014 by Julie Brook, Esq.
The following is a guest blog post by Jeff Bennion, a solo practitioner in San Diego who specializes in personal injury and consulting on e-discovery and litigation technology.
A good cross-examination should come off as scripted. California Evidence Code §767(a)(2) allows for leading questions on cross-examination, and a good trial attorney should lead the witness through the narrative using only questions that he or she knows the answer to. But things don’t always go according to plan. When a witness gives an answer that you did not expect or that is contrary to what you learned in discovery, you need to have a plan for showing your impeachment evidence to the jury. Continue reading
Filed under: Civil Litigation, Criminal Law, Evidence, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: Adobe, cross-examination, PowerPoint, technology, trial, trial presentation software, trial technology, witness, witness examination | 3 Comments »
Posted on October 29, 2014 by Julie Brook, Esq.
Certain things that happen during trial may be so improper and prejudicial that they deprive a party of the right to a fair trial. That’s when counsel may move for a mistrial. But just because you can doesn’t mean you should. Like everything else at trial, whether to move for mistrial is a tactical decision. Continue reading
Filed under: Civil Litigation, Criminal Law, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: Jury trial, mistrial, procedural irregularities, right to fair trial | 2 Comments »