When Jury Instructions Misstate the Law: Understanding “Force” in California Sex Offense Cases
When Jury Instructions Misstate the Law: Understanding "Force" in California Sex Offense Cases In criminal trials, jury instructions serve as the foundation for how jurors understand and apply the law. When these instructions are incorrect or misleading, it can result in a wrongful conviction. A recent California appellate decision shows how proper jury instructions are in sex offense cases, particularly regarding the legal definition of "force." Our experienced criminal defense…
Read MoreImproper “Kill Zone” Jury Instructions Could Result in Your Conviction Being Overturned
Improper "Kill Zone" Jury Instructions Could Result in Your Conviction Being Overturned In every criminal trial, one of the most critical yet often overlooked components is the set of instructions given to the jury. Before deliberation begins, the judge provides the jury with carefully worded instructions that explain the relevant laws, define legal terms, outline the elements of each charged offense, and describe how to properly evaluate evidence. These instructions…
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IF YOU WANT TO WIN YOUR CASE YOUR LAWYER NEEDS TO KNOW HOW TO GET THE BEST EVIDENCE BEFORE THE JURY OR JUDGE
IF YOU WANT TO WIN YOUR CASE YOUR LAWYER NEEDS TO KNOW HOW TO GET THE BEST EVIDENCE BEFORE THE JURY OR JUDGE Improper Rehabilitation Improper rehabilitation of a witness occurs when efforts to restore the witness's credibility in court are mishandled or conducted in violation of legal standards. This can involve introducing inadmissible evidence, such as prior consistent statements that do not meet the exceptions outlined in California Evidence…
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You Need A Criminal Lawyer Who Will Obtain All Of The Evidence The District Attorney Has Against You And Challenge That Evidence In Court
You Need A Criminal Lawyer Who Will Obtain All Of The Evidence The District Attorney Has Against You And Challenge That Evidence In Court Navigating the legal system can be daunting, especially for those who find themselves accused of a crime. At the heart of a robust defense lies one fundamental aspect—obtaining all evidence against you as soon as possible. This blog aims to shed light on the importance of…
Read MoreThe Jury and Not The Judge Will Decide What Your Sentence Will Be If You Are Convicted of Most Felonies – Penal Code Section 1170
The Jury and Not The Judge Will Decide What Your Sentence Will Be If You Are Convicted of Most Felonies - Penal Code Section 1170 One crucial aspect of felony cases is determining whether "aggravating factors" exist, which can significantly increase your prison sentence if convicted. Under California Penal Code Section 1170, it's not a judge but a jury that must decide on these aggravating factors. Let's explore how this…
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“Harmless Errors” By the Court May Not Affect the Verdict
“Harmless Errors” By the Court May Not Affect the Verdict People v. Schultz (2020) Defendant Michael Schultz (“Schultz”) was convicted of first-degree murder of Cynthia Burger (Penal Code § 187(a)) by a jury, finding true the special circumstance allegations that the murder was committed while Schultz was engaged in the commission of rape and burglary (PC § 190.2(a)(17)(C),(G)). After the penalty phase trial, the jury returned a verdict sentencing Schultz…
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What is the Right to Waive a Jury Trial?
What is the Right to Waive a Jury Trial? In criminal prosecutions, the defendant may decide whether he or she would like to waive the right to a jury trial. Should the defendant choose to waive this right, the defendant will have what is called a bench trial that is conducted by a judge alone. Sometimes, the court may find a defendant incompetent to waive his or her right to…
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Can My Accomplice Testify Against Me In Court?
Can My Accomplice Testify Against Me In Court? What is an Accomplice? An accomplice is one who aids, abets, or encourages another person to commit a crime with the intent that the crime be committed. See California Penal Code § 31. Navigating Accomplice Testimony in California In a criminal prosecution, the district attorney’s office can charge someone as an accomplice to a crime when that person aids, abets, or encourages…
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Federal Judge Dismissed a Drug Case When the Federal Court Refused to Resume Jury Trials and Violated the Defendant’s Constitutional Rights
Federal Judge Dismissed a Drug Case When the Federal Court Refused to Resume Jury Trials and Violated the Defendant's Constitutional Rights The right to a speedy jury trial is one of the most fundamental American rights and the court cannot deny an accused person the right to a jury trial unless conducting one would be impossible. “This is true whether the United States is suffering through a national disaster, a…
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When You May Want to Waive Your Right to a Jury Trial
When You May Want to Waive Your Right to a Jury Trial The right to a jury trial is recognized and protected twice in the U.S. Constitution: in Article III, Section 2 and the Sixth Amendment. However, you also have the right to waive a jury trial in favor of a bench trial, which is a trial in which the judge alone decides the verdict. In most cases, you probably…
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