When a case is set for preliminary hearing, it usually means that the prosecution is confident the evidence supports the charges and early settlement negotiations have failed. The defense attorney’s role at a preliminary hearing is to test the strength of the prosecution evidence. Here are some of the important benefits of a preliminary hearing for both sides.
Defense counsel should remember one basic rule when consulted by a client during a criminal investigation: Tell the client not to speak about the case with anyone. This means no talking to the police, probation department, girlfriend, boyfriend, mother, father, sheriff’s deputy, cellmate, news media, bail agent, or best friend.
From the disproportionate incarceration of African-American men to the implicit bias of lawyers, jurors, and judges, Jeff Adachi, Public Defender for the City and County of San Francisco, explains how racial disparities are rampant in our legal system. And then he explains how lawyers can deal with it in court.
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.
This week, we profile Alex Lubarsky:
CEB: What is your practice area and how did you choose it?
Alex: My firm started as an immigration firm handling deportation defense because I had lived for a period of time in Northern Argentina and learned Spanish. We now offer criminal defense and debtor-side bankruptcy and have grown in the Asian and Russian communities due to attorneys and paralegals who are natives from those areas climbing aboard with us. I am a tech geek and have a concurrent career as an electronic discovery consultant.
CEB: What CEB book or program have you found most helpful in your practice and why?
Alex: California Criminal Law and Procedure – it has clarified what was a new and nebulous area of law. I study it before almost every appearance in the criminal courts. The forms manual companion has saved me (and my client) more than once.