Posted on August 29, 2014 by cebca
The 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.
Filed under: Criminal Law, Legal Topics | Tagged: alternative sentencing, crimigration, criminal defendant, criminal law, defense counsel, ICE detention, ICE hold, immigration status, Padilla, sentencing | 1 Comment »
Posted on August 25, 2014 by Julie Brook, Esq.
A 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
Filed under: Civil Litigation, Criminal Law, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: competence, court interpreter, incompetent interpreter, interpreter, jury, testimony, translation, translator, trial, witness | 1 Comment »
Posted on June 30, 2014 by Jean Magistrale, Esq.
In 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
Filed under: Criminal Law, Legal Topics | Tagged: arrest, cell phone search, criminal defense, Fourth Amendment, personal information, privacy rights, search warrant, warrantless search | 2 Comments »
Posted on June 16, 2014 by Julie Brook, Esq.
For 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
Filed under: Civil Litigation, Criminal Law, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: attorney-client relationship, cross-examination, Jury trial, litigation, trial, trial witness, witness preparation | 6 Comments »
Posted on June 6, 2014 by Julie Brook, Esq.
Not 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
Filed under: Civil Litigation, Criminal Law, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: attorney ethics, attorney-juror contact, California Rules of Professional Conduct, communicating with jurors, juror investigation, Jury trial, legal ethics, LinkedIn, trial attorney | Leave a comment »
Posted on May 19, 2014 by Julie Brook, Esq.
Posted on May 9, 2014 by Julie Brook, Esq.
A trial should be like any well-choreographed event: strategically order your witnesses for maximum impact. Continue reading
Filed under: Civil Litigation, Criminal Law, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: attorney, cross-examination, direct examination, litigator, order of witnesses, trial, trial strategy, witness testimony | Leave a comment »