Category Archives: Articles

Representing Informants

[by Stuart Kirchick, Criminal Defense Attorney, Santa Clara County] As a second year law student in 1988, I attended a conference of criminal defense attorneys in San Francisco where half the day was devoted to discovery procedures for the disclosure of informants. In discussing the subject, each prominent attorney proudly … Continue reading

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You Have the Right To Remain Silent!

[by Randy Moore, Attorney at Law, Santa Clara and Alameda County CA] I recommend that anybody confronted by police exercise their constitutional right to remain silent and not incriminate themselves. Why? It was commonplace in Nazi Germany to hear “you will talk if you have nothing to hide.” The shocking … Continue reading

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The Way of the Wiseguy: An Interview With ”Donnie Brasco”

[book review and interview by Bill Bickel] My interview with Joseph Pistone is going to be a bit more complicated than most: I’ll be sending my questions to a publicist, who will forward them to Pistone’s publisher, who will send them along to Pistone. Then his responses will make their … Continue reading

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A Little Friendly Advice for the Criminally Incompetent

Far be it for me to offer unsolicited advice, but… If you’re going to murder your sister-in-law (whether because you were having an affair with her and she wanted to break it off, or for any other reason), don’t walk through the streets of Aachen, Germany carrying her severed head. … Continue reading

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The History of Habeas Corpus

[by Wally Farrell, Certified Criminal Law Specialist, San Bernardino and Riverside Counties (CA)] Habeas corpus (roughly, “you should have the body”) has been a capstone of Anglo-American jurisprudence for many centuries, beginning in 1215: Abuses by King John led to the nobles compelling him to sign the Magna Carta, or … Continue reading

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So You’ve Been Arrested… Now What?

[by Scott Ciment, Esq] Take a breath and read on. You’re going to have to make some decisions, and you need to think carefully about how to handle this terrible situation. As an attorney, I recommend that you learn as much as you can about the criminal court process, so … Continue reading

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A Little Brazilian Slapstick

Shortly after one of the employees phoned out for pizza, a gang of thieves came into the Sao Paulo car parts store, locked up all 50 employees, and began cleaning the place out. When the delivery boy arrived, they locked him up as well. When he didn’t return, the pizza … Continue reading

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Criminal Law 101

[by James Devitt, Attorney at Law] What’s the difference between a felony and a misdemeanor? Felonies, such as murder and assault with a deadly weapon, are the most serious crimes. Misdemeanors, such as reckless driving, are less serious. Usually, in California, if a law provides for imprisonment for longer than … Continue reading

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5 Things You Must Know to Get Bail

[by Ray Hrdlicka, talk show host and publisher of Crime, Justice & America] Right around now, you’re probably getting a bunch of advice from your fellow arrestees, from your family, from your friends, and maybe even from the deputies. Not all of it will make sense to you, not all … Continue reading

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It’s Time For Me to Die: An Inside Look at Death Row, by Michael Ross

Confessed and convicted serial killer Michael Ross wrote this article in 1998, after his original death sentence (in Connecticut) had been overturned and while awaiting re-sentencing. Though the defense offered Ross’s mental illness as a mitigating circumstance in his trial, Ross was willing to waive the re-sentencing hearing and accept … Continue reading

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