Criminal Defense Blog

Many people think their juvenile record is automatically sealed when they reach 18. In fact, your juvenile criminal record is only sealed if you file a petition to seal juvenile records. If you’re 18 or over and are not currently facing criminal charges or on probation or parole, you should seek to seal your juvenile […]

I wrote several weeks ago about drug busts in the South of Market area of San Francisco, in which criminal cases were dismissed after video evidence inconsistent with the officers’ accounts of the drug raids were discovered. This time around it’s the Richmond District. On Wednesday San Francisco Superior Court Judge Sandoval dismissed a marijuana […]

I haven’t had a trial yet. I haven’t been convicted of anything. Can the judge really order me to stay away from the alleged victim and surrender the firearms in my house?” Well, sometimes. A judge’s authority to issue a stay-away order or other restraining order in a criminal case is two-fold. First, the judge […]

The Sixth Amendment of the Constitution guarantees that “in all criminal prosecutions, the accused shall enjoy the right to be confronted with the witnesses against him.” This means that all persons bearing witness against a defendant must be present at trial, or unavailable at trial AND previously have been subject to cross-examination. The Supreme Court […]

It was just another day at the Hall of Justice. San Francisco police officers with 10 – 12 years of experience testified that they were investigating illegal narcotics. Residents of the Henry Hotel consented to allow the officers to enter their apartments. Despite cries raised by the defense attorneys that the officers didn’t have a […]

Gambling is generally illegal in California. The question is if you lend someone money to try their hand at blackjack or bet on their favorite sports team, will a judge enforce the debt? Al is feeling lucky about the New York Nicks. He wants to bet $2,500 on the game tonight. He asks his friend […]

The New York Times reported last week about superstition among trial lawyers. The headline of the article tells it all: “In a Field of Reason and Skill, Lawyers Woo Luck with Ritual.” The article recounts seasoned trial lawyers who insist on always eating lunch at the same place, and ordering the same thing, during jury […]

The New York Times reported last week about superstition among trial lawyers. The headline of the article tells it all: “In a Field of Reason and Skill, Lawyers Woo Luck with Ritual.” The article recounts seasoned trial lawyers who insist on always eating lunch at the same place, and ordering the same thing, during jury […]

Evidence opened yesterday in the City of Oakland’s gang injunction lawsuit. In that lawsuit, City Attorney John A. Russo seeks to restrict the activities of 40 alleged gang members within a 450-square-block area, mostly in the Fruitvale neighborhood of Oakland. If successful, the gang injunction won’t just bar criminal conduct. Within the 450-block area designated […]

From DNA exonerations to life-saving surgery, I cannot help but be in awe of the feats of modern science. But unfortunately, in the criminal justice system, real life is nothing like the television series CSI. Far too often, what is sold to jurors as science is actually junk science. Scientists at the National Academy of […]