SPEAK FOR YOURSELF--HELP YOURSELF:
BE PREPARED FOR THE PROBATION INTERVIEW
By Andrew Dósa
Criminal Defense Attorney - Alameda County
You have been forced to be silent. From the start of your case through change of plea, you were quiet. You wanted to speak up, but someone else did the talking, explaining, arguing, and negotiating for you. Your attorney was your mouthpiece. But now it is your turn, your one and vitally important turn.
Here is the setting. You have negotiated a deal and changed your plea. The sentencing hearing is a couple weeks away. A probation officer is sitting in front of you. She is overwhelmed with work, deadlines, stress, a personal conflict with a spouse-like everybody else. What can you do for yourself? How can you leave a positive impression? Consider a few things and then plan your presentation.....
This article is designed to give a layperson a superficial understanding of a motion to suppress.
Basically when an attorney says that he is going to attempt to suppress evidence in a criminal case, he is stating that he wants to.....
This article might just as well be entitled “You have the right to remain silent. Use it. Say nothing.” This doesn’t mean “Deny having committed the crime.” It means telling the police officer that your attorney has advised you not to answer any questions, and then saying nothing else to anybody until you talk to him or her.
Recently I was giving this advice to a potential witness, and he said, “I’ll just tell them that I don’t know anything.” This is wrong. For one thing, he did know something, so this would have…..
If you’re a defendant in the courtroom, your demeanor and attitude will be noticed – by the prosecutor trying to convict you, by the probation officer who might be charged with evaluating you, and by the judge who desires to give you a fair trial, fair rulings, and perhaps a fair sentence. But the jurors’ impressions are the most important. In fact, jurors are instructed that
This essay concerns the confidential informant aka the ‘CI’ aka the snitch. A confidential informant is a person that is being used by the police to help them in their police investigation. Many times, the CI is a person that was arrested by those same police, and in return for a dismissal/charge reduction or money are now helping the police officers.
A phenomenon that seem to be encountering more and more is that....
Criminal Law 101 - Up to the Preliminary Hearing
By Kirk Tarman
Criminal Defense Attorney - San Bernardino County
Many time defendants are thrust into the hostile waters of the criminal justice system without any idea what is going on and what their rights are. Hopefully, this article will give anyone charged with a crime, a bit of orientation and insight into the wild and wacky world of the justice system.
The Arraignment - This hearing can be crucially important to a defendant.
First because, the judge will determine if you are going to be assigned an attorney (a.k.a. public defender or conflict panel attorney) or if you have the capability to hire your own attorney. The primary factor involved in this determination is...
Motions are one of the most important aspects of a criminal case before getting to trial. Kirk Tarman, criminal defense attorney in San Bernardino County CA, discusses suppression motions based upon the 4th Amendment, dismissal motions, discovery motions, and more... for a glimpse into the preparation of a criminal case. ….
Andrew Dosa, a civil and criminal defense attorney located in Alameda County CA, when interviewed by Crime and Justice Online, explains everything you need to know about restitution in criminal cases. What is restitution? Is it to punish the guilty or help the victim? Is it always paid? What happens if it is not paid? Are all criminal charges associated with restitution? Can you use restitution to bargain away a jail sentence? Is it applied more in civil or criminal cases? These questions and more are answered by our expert on restitution, Andrew Dosa….
Here is an entertaining and informative interview with Wally Farrell, a premier criminal defense attorney in Riverside County, now deceased, who discussed the Death Penalty in California with Crime, Justice & America Talk Show Host Ray Hrdlicka. Is it really a deterrent? Why represent defendants charged with this type of crime? What is “special circumstances” in the crime? Life without parole vs. the Death Penalty. Why does this type of case last so long? Is it a choice between Justice or a Political and Financial cost? Does it demean life? Or does it demean the death of victims?