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Being Falsely Accused of Criminal Charges in California, Part IV

Last time, we looked at how significant it is for a jury when someone identifies a criminal defendant as the perpetrator of a crime during trial. But how reliable is that eyewitness identification?

Innocence Projects and universities across the country have conducted studies to illustrate how unreliable eyewitness identifications can be. Many studies show mistaken […]

Being Falsely Accused of Criminal Charges in California, Part III

Anyone who has watched “Perry Mason,” “Matlock,” or “The Practice” has seen that crucial moment during a criminal trial where the cunning prosecutor asks a witness the fateful question,

“Do you see the person who shot Mr. X here in the courtroom?”

The witness then ALWAYS points to the criminal defendant, saying. “He is […]

Being Falsely Accused of Criminal Charges in California, Part II

As we saw last time, bias towards one side can potentially lead to the conviction of someone falsely accused of a crime. Jury selection in a trial involving false accusations is therefore crucial.

A good defense attorney will look for potential jurors that can use their own experience and thoughts about the trial, who will […]

False Criminal Charges in California, Part I

All California residents over 18 with U.S. citizenship are eligible for jury duty.

People who receive a summons for jury duty sometimes ignore it. Or, people may change their address – who are poor, homeless, or have big problems of their own and not receive a jury summons. Sometimes, a jury summons is […]

Gastroesophageal Reflux Disease and DUI

When you are arrested for a DUI, California’s “Implied Consent” law applies. Vehicle Code section 23612 says if you are lawfully arrested, you may be subject to either a blood test or a breath test for the officer to determine your blood alcohol content (“BAC”) level. The officer(s) will administer a breath test […]

Criminal “Wobbler” Charges in California, Part I

California law allows prosecutors to decide whether to charge certain offenses as either alternative felonies or misdemeanors. Because they can be charged either way, these charges are commonly called “wobblers,” including simple possession of certain drugs such as:

Methamphetamine
MDMA (ecstasy)
PCP
Certain hallucinogens

Not all drug charges are considered “wobblers.” Charges for simple possession for personal […]