Magazine Archive
“Blood or Breath?”
This all-too-classic question that a police officer asks anyone who has just been arrested for driving under the influence is both frightening and full of many possible constitutional violations. The emotion is real, the potential analysis long and complex, and the legal ramifications both complicated and serious. But, of course, all anyone wants to know...
Read ArticleEffective Lawyering – Observations from the Bench
When I was asked to share my reflections on “what makes a good attorney” from a bench officer’s perspective, three thoughts immediately came to mind. First, even after more than 12 years on the bench, I still recall how committed I was to the practice of law and how thoroughly I enjoyed being a lawyer....
Read ArticleADVISING IMMIGRANTS: Duties of the Defense Bar, the Prosecutors and the Bench
According to the 2021 United States Census Bureau, 25% of Contra Costa County’s population is foreign born. Criminal convictions carry severe and often irreversible consequences to non-citizens, including mandatory deportation, permanent inadmissibility, immigration detention and family separation. In some cases, the immigration consequences are much more severe than the punishment in a criminal case, causing...
Read ArticlePeremptory Challenges in the Post-George Floyd Era
California criminal practitioners are quickly learning that the days of kicking a juror because of the way s/he, sits, smiles, or just because the jurors coming up seem “better” are over. Code of Civil Procedure section 231.7, enacted in 2020 and applicable to all criminal jury trials effective January 1, 2022, prohibits the exercise of...
Read ArticleCriminal Law - So much more than guilt vs. innocence
I am often asked why I chose to practice criminal defense. Well, that isn’t entirely true – more specifically, I am asked “how can you possibly represent someone who is probably guilty?” While I find this question irritating for flying in the face of the presumption of innocence, I also enjoy answering it, because criminal...
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