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Criminal Law Legal Topics

Getting the Most Out of Your Preliminary Hearing

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.

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Criminal Law Legal Topics Profiles

Remembering Public Defender Jeff Adachi

Like so many in the California legal community and beyond, we are stunned and saddened by the passing of Jeff Adachi, San Francisco’s Public Defender. Jeff was a tireless advocate for justice and for the right to a defense.

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Criminal Law Legal Topics

Silence: the Valuable Right that Protects Your Client

right to remain silentDefense 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.

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Civil Litigation Criminal Law Legal Topics Litigation Strategy New Lawyers Trial Strategy Videos

How to Deal with Racial Bias in Court

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.

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Criminal Law Practice of Law

Should You Handle That Misdemeanor Case?

180883290You 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.

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Criminal Law Legal Topics

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.

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Criminal Law Legal Topics New Lawyers

10 Questions for a Client Accused of Shoplifting

139701624When representing a client for shoplifting, don’t take the case lightly; it may seem minor, but it can have major implications. It’s important to get all the facts out during your client interview. Here’s a list of 10 questions to make sure you cover all the bases.

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Criminal Law Legal Topics New Lawyers

Lineup Your Defense

93951195Your client is arrested and will appear in a lineup. Would you know what to bring and what to do at the lineup?

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Criminal Law Legal Topics New Lawyers

18 Questions to Spot the Issues in a Criminal Case

organize_86525383It’s your first interview with a criminal defendant. Not sure where to start? We’ve got 18 questions to help you organize your thoughts and quickly spot the key issues in the case.

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Criminal Law Legal Topics Profiles

Profile in Practice: Alexander H. Lubarsky

As part of CEB’s commitment to bringing together California’s legal community, our blog will post a short interview with one of your fellow attorneys.

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.