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…..
I would like to know how I can get my record sealed? My record has already been dismissed under PC 1203.4.
Peter Ahas gotten his case dismissed by using Penal Code §1203.4. That section allows someone who has been convicted of a crime either by pleading guilty or no contest or by a verdict of a judge or jury to clear their record. The record can be cleared only after the…..
TO SPEAK OR NOT TO SPEAK - THAT IS THE QUESTION
By Dennis Lempert
Everyone in the United States, whether a witness, a victim or a suspect, has an absolute right not to talk to police. This might not be true in other countries.
When a statement is made to the police, though, anything in that statement may be used against you. Many people believe that the police must always advise them of their right against self-incrimination, sometimes referred to as their "Miranda Rights". Not true! The only requirement is that
When the Police call, there’s only one thing for you to do
By Donna L. Ortlieb
Attorney at Law
When you find out that you are being investigated by law enforcement for possible involvement in criminal activity, what should you do? In fact, you have two options. Only one is the right choice.....
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?