Criminal Defense Attorney serving Santa Ana, CA since 1995
Nothing in the First Step act prevents judges from considering intervening changes, such as new sentencing guidelines and good behavior in prison, the Supreme Court said.
The U.S. Supreme Court split along unusual lines when it ruled Monday for a prisoner who filed a pro se motion for a sentence reduction under the First Step Act.
A person who is formally accused of a crime is generally entitled to certain evidence and information about the prosecution's case. This typically happens before trial, through a process called "discovery." But the prosecution's duty to disclose this material is usually ongoing, and doesn't end when a trial has begun.
As forensic science of all kinds faces scrutiny about its reliability, with blood spatter patterns, hair matching and even fingerprints no longer regarded as the irrefutable evidence they once were, the science of death has been roiled over the past year with questions about whether the work of medical examiners is affected by racial bias, preconceived expectations and the powerful influence of law enforcement.
Disastrous errors by medical examiners have raised questions about whether they are influenced by prejudgments and a close relationship with the police.
Courts turned to remote juries during the pandemic. Now they're grappling with continuing a practice that can expand the pool of jurors but is also susceptible to problems common to all video calls.
Courts turned to remote juries during the pandemic. Now they're grappling with continuing a practice that can expand the pool of jurors but is also susceptible to problems common to all video calls.
Courts have recently begun to recognize the scientific limitations of one forensic field: fi****ms identification, in which an examiner visually compares fired bullets or cartridge cases and opines on whether the items were fired by the same gun. https://bit.ly/3NMR8u9
The matching of bullets to guns is subjective, and courts are starting to question it because of testimony from scientific experts
Facial recognition is making a comeback in the United States as bans to thwart the technology and curb racial bias in policing come under threat amid a surge in crime and increased lobbying from developers. https://reut.rs/3Ncp4An
Facial recognition is making a comeback in the United States as bans to thwart the technology and curb racial bias in policing come under threat amid a surge in crime and increased lobbying from developers.
While police generally need a warrant to search your property, a car has fewer protections against searches. Police can search your car if they have probable cause, or if you consent to a search.
The Supreme Court in a ruling Monday made it tougher for prison inmates to win release, barring federal courts from holding evidentiary hearings or considering new evidence of claims that their attorneys did not provide them with adequate legal representation after convictions in state court.
A Supreme Court ruling related to inmates on Arizona's death row was called "perverse" by Justice Sotomayor in a dissent joined by two other liberal justices.
Am I allowed to move if I am on probation or parole?
Before moving, a probationer or parolee must get permission from the court or their probation or parole officer, who considers the reasons for moving and whether the new location allows them to maintain supervision.
A federal appeals court ruled Monday that a defendant’s Sixth Amendment right to a public trial was violated when a trial judge allowed an audio stream but not video access to the proceedings.
A federal appeals court ruled Monday that a defendant’s Sixth Amendment right to a public trial was violated when a trial judge allowed an audio stream but not video access to the proceedings.
What is the difference between parole and probation?
Parole is an early release of an inmate from prison. Probation can be ordered by a judge during sentencing in lieu of jail time, or following a jail sentence. Both can be revoked if the recipient violates the conditions of their release.
White-collar crime describes crimes that relate to money. White-collar crimes are generally non-violent, committed for financial gain or to retain money already owned in the case of money laundering or tax evasion. These crimes are usually investigated and prosecuted on a federal level since most white-collar crime operations cross state lines.
White-collar crimes encompass a broad range of crimes, usually non-violent, committed for financial gain.
25 states have no minimum age for prosecuting children. Others that do are now determining what the minimum age should be for a child to be involved in the juvenile courts.
Many states have no minimum age, but there's a push to raise it to a common international standard of 14. Experts say diversion programs should be provided without the criminalization of children.
A federal appeals court ruled Monday that a Missouri man’s rights were not violated when a judge muted him twice during his remote sentencing.
A federal appeals court ruled Monday that a Missouri man’s rights were not violated when a judge muted him twice during his remote sentencing.
If you're found guilty of driving under the influence of alcohol or drugs, you could face consequences that include losing your license, paying a fine, or serving jail time. If you've been arrested or charged with impaired driving, a criminal defense attorney can help you decide on the best course of action.
Location tracking data from Alphabet Inc. is a tempting way for law enforcement to seek out suspects in the vicinity of a crime, but a first-of-its-kind legal ruling could put a stop to police efforts to use it.
Location tracking data from Alphabet Inc. is a tempting way for law enforcement to seek out suspects in the vicinity of a crime, but a first-of-its-kind legal ruling could put a stop to police efforts to use it.
Nearly half of the 2021 exonerees were convicted of murder, and almost 70% of last year's cases involved official misconduct, according to a new report. Just 19 of the 2021 exonerations involved DNA evidence.
Reliable U.S. data on the number of people convicted of crimes and later cleared was practically nonexistent when the National Registry of Exonerations launched in 2012.
Judges are expected to scrutinize police requests for all search warrants because of the constitutional protection for citizens from unreasonable search and seizure. For no-knock warrants, there are additional legal conditions that have to be met.
Amir Locke and Breonna Taylor were killed while police executed no-knock warrants. Here’s what to know about the practice that allows officers to force entry.
A review of the myriad ways tech companies share consumer data with law enforcement agencies reveals that it’s often fairly straightforward for such bodies to get their hands on consumer data.
A hack using a forged legal request that exposed consumer data collected by Apple and Meta shed light on the reach of the law
Anything you post online is there forever and can be traced back to you. This is a fact of life when it comes to job interviews, online dating, and especially criminal trials. https://bit.ly/36Vnt1R
Anything you post on social media can—and will—be used against you.
Many criminal cases will end in a plea agreement, rather than go to trial. But in some instances, the defense lawyer can even get the charges tossed before trial, using a motion to dismiss. Many circumstances can justify a motion to dismiss, and a criminal defense attorney can advise you if any apply in your situation.
Before a criminal case goes to trial, the prosecutor and the defense have the opportunity to make pretrial motions. These motions can affect many issues at trial, from what evidence can be introduced to which charges will be tried. An experienced attorney can suggest which motions could be useful to your case and file them on your behalf.
The U.S. Justice Department's top priority in rooting out corporate malfeasance is to hold individuals accountable, Attorney General Merrick Garland said on Thursday, as he detailed a shift in focus and resources at the agency. https://reut.rs/3JO3Ozb
The U.S. Justice Department's top priority in rooting out corporate malfeasance is to hold individuals accountable, Attorney General Merrick Garland said on Thursday, as he detailed a shift in focus and resources at the agency.
The number of offenders granted compassionate release in 2020 substantially increased compared to previous years, as a direct result of the COVID-19 pandemic and aided by the First Step Act which gave prisoners more access to federal courts to ask for release. https://bit.ly/3tm5Hxa
Compassionate Release cases from federal prison went from almost non-existent to hundreds of people being released. The reason was not just COVID-19 but also the ability for prisoners to get into court through their own efforts.
The Supreme Court ruled that a series of burglaries took place on a single occasion. The case concerned a federal law that calls for stiff sentences for gun crimes when the defendant had committed three felonies “on occasions different from one another.” https://nyti.ms/3qg0ipi
The case concerned a federal law that calls for stiff sentences for gun crimes when the defendant had committed three felonies “on occasions different from one another.”
A federal judge found that a geofence warrant breached the Fourth Amendment’s protections against unreasonable searches by scooping up information on innocent people without evidence that they might be suspects. https://nbcnews.to/3tSYDag
A federal judge's ruling that geofence warrants violate the Fourth Amendment could slow the use of surveillance tools based on Google location data.
Law enforcement in nearly every US state now has access to facial recognition software. In most of the US, neither police nor prosecutors are required to tell people accused of crimes if facial recognition has played a role in an investigation. https://bit.ly/3CBsyI6
Robert Williams, Michael Oliver, and Nijeer Parks were misidentified by facial recognition software. The impact cast a long shadow.
Out of all 50 U.S. states, plus the District of Columbia and the federal system, only one state overlooks court debt in deciding whether a person is eligible to have their record cleared, or expunged, according to a recent report. https://cbsn.ws/35nksXx
Only one U.S. state does not consider court debt in deciding if someone is eligible for record-clearing.
Over 200 people have claimed they were falsely arrested or even jailed after Hertz reported cars they had legitimately rented as stolen. https://yhoo.it/3sG0Mab
More than 200 plaintiffs are suing Hertz in bankruptcy court for false arrests. A judge is ruling on how some cases will move forward Wednesday.
Lawyers for an inmate have asked the U.S. Supreme Court to decide whether his 27 years in solitary confinement violate the Eighth Amendment’s ban on cruel and unusual punishment. https://bit.ly/36FWXZZ
Lawyers for Texas inmate Dennis Wayne Hope have asked the U.S. Supreme Court to decide whether his 27 years in solitary confinement violate the Eighth Amendment’s ban on cruel and unusual punishment.
Law enforcement’s use of facial recognition technology during investigations has blossomed in recent years. Now, it appears at least some law enforcement agents are flirting with the idea of using facial recognition at otherwise seemingly benign traffic stops, a potential loosening of the tech’s use that has legal and privacy experts on edge. https://bit.ly/34Zu7mV
At least some law enforcement agents are reportedly considering the practice which legal experts say may violate U.S. law.
If your car is pulled over by police, you have certain rights and responsibilities. You must produce your driver’s license, registration and proof of insurance and take a sobriety test if requested. However, you are not required to consent to a search of your vehicle. Police may do a search only in limited situations. If a search exceeds legal bounds, your criminal defense attorney can later move to suppress any evidence obtained.
Federal prosecutors have been seeking to limit defendants' rights to win compassionate release from prison in plea negotiations across the country, a practice that advocates say undermines the intent of Congress and produces cruel outcomes. https://n.pr/3BEYzPb
The Justice Department has been limiting the ability of people in prison to apply for compassionate release. Advocates say that flouts Congress and is cruel.
If you are convicted of a s*x offense in any U.S. state, your name will be placed on a s*x offender registry — a public database that impacts your civil liberties, such as where you can live and work. How long you must stay on the registry varies state to state and depends on several factors. Your criminal defense attorney must be keenly aware of how the local registry law applies in your case.
Although autopsies are performed in a timely manner out of necessity, reports are taking months—and in some instances years—to finalize, due to a forensic pathologist shortage. The pandemic—which also precipitated a backlog in cases—has only exacerbated the shortage. https://bit.ly/3uyFw7F
In May 2019, a married man was worried that his lover was going to tell his wife about their affair. He entered her home and shot her in the head while she slept.
Typically, when you serve a period of supervised release, you must meet with your parole officer periodically, and abide by the conditions of your release. If you do not, your parole could be revoked, which means you would return to prison.
An overturned conviction in Missouri is raising new questions about video testimony in criminal court cases nationwide, and the ruling could have ripple effects through a justice system increasingly reliant on remote technology as it struggles with a backlog of cases during the coronavirus pandemic. https://bit.ly/3AnIhcQ
An overturned conviction in Missouri is raising new questions about video testimony in criminal court cases nationwide, and the ruling could have ripple effects through a justice system increasingly reliant on remote technology as it struggles with a backlog of cases during the coronavirus pandemic.
The Supreme Court buttressed a criminal defendant’s right to cross-examine prosecution witnesses, ruling in favor of a New York man who was convicted of killing a 2-year-old boy on Easter Sunday in 2006. https://to.pbs.org/3qNj4VM
By an 8-1 vote, the justices held that defendant Darrell Hemphill's constitutional rights were violated when a judge allowed jurors to read another man's testimony that prosecutors used to undermine Hemphill's defense.
COVID-19 is once again surging behind bars, posing a renewed threat to a high-risk population with spotty access to healthcare and little ability to distance. https://bit.ly/3nkS7H5
Experts fear “another potential tinderbox scenario” akin to the early days of the pandemic.
The U.S. Sentencing Commission has not had a quorum for three full years, which affects its ability to address circuit splits on the application of sentencing guidelines, two U.S. Supreme court justices said in a statement Monday. https://bit.ly/3tshQ4h
The U.S. Sentencing Commission has not had a quorum for three full years, which affects its ability to address circuit splits on the application of sentencing guidelines, two U.S. Supreme court justices said in a statement Monday.
The Supreme Court has determined that police need a warrant to search that information when it's on a mobile phone, but that protection doesn't extend to the information when stored on a car's systems, experts say. https://bit.ly/3eRMHhY
The Supreme Court has determined that police need a warrant to search that information when it’s on a mobile phone, but that protection doesn’t extend to the information when stored on a car’s systems, experts say.
Some states are changing the rules for peremptory challenges—and in one case, eliminating them altogether—in an effort to eliminate racial bias in jury selection. https://bit.ly/3eWXHdU
Some states are changing the rules for peremptory challenges—and in one case, eliminating them altogether—in an effort to eliminate racial bias in jury selection.
The Justice Department has reversed course in a legal analysis, which could allow thousands of people released from prison at the start of the pandemic to remain free once the coronavirus emergency ends. https://n.pr/3FpzRTY
In a rare reversal, the Justice Department said the prison system has discretion to allow people released to home confinement during the pandemic to remain free.
The justice system continues to feel the effects of the COVID-19 pandemic nearly two years after courthouses first began closing and limiting operations, according to a Washington Post report. https://bit.ly/3JdLy2k
The justice system continues to feel the effects of the COVID-19 pandemic nearly two years after courthouses first began closing and limiting operations, according to a Washington Post report.
States and the federal government carried out 11 executions this year, the fewest since 1988, according to an annual report. https://nbcnews.to/3pZw357
States and the federal government carried out 11 executions this year, the fewest since 1988, as support for the death penalty has continued to decline, a new report says.
Overcoming a past offense and clearing the slate may be a long, tedious process for some, but it can be worth it.
Having a criminal record can affect your housing, finances and employment.
The Fifth Amendment’s double jeopardy clause prevents defendants from being put on trial more than once for the same offense. A key exception is that separate sovereigns can prosecute defendants for the same criminal acts. For example, if a person commits a single act that violates both federal and state laws, they could face trial in both federal and state courts.
Sometimes, life can take a bad turn. You’ve been arrested, arraigned, and are now set to stand trial. Fortunately, whether you are guilty or not, the U.S. criminal justice system offers you several constitutional protections. https://bit.ly/3dCh0bV
You've been arrested and set to stand trial. Fortunately, the US criminal justice system offers you several constitutional protections.
Several companies have popped up in recent years with technology that purports to harness social media to help solve and predict crime. For police, the appeal of such tools is the possibility of detecting unnoticed behaviors or leads that a human might overlook. Critics say social media-informed policing violates privacy and criminalizes protected behavior. https://bit.ly/3pb2GfS
Voyager, which pitches its tech to police, has suggested indicators such as Instagram usernames that show Arab pride can signal inclination towards extremism
Penalties for drug offenses vary - from prison time to no conviction at all. The punishment a defendant receives can depend on many factors, including the charge, the drug in question, and the quantity of drugs. A strong defense from an experienced criminal attorney can help you protect your rights and mitigate the severity of drug penalties.
600 W Santa Ana Boulevard, Ste 1130
Santa Ana, CA
92701
Be the first to know and let us send you an email when Ernest L. Eady posts news and promotions. Your email address will not be used for any other purpose, and you can unsubscribe at any time.
Law Office of Michael R. Weinstein, APC
W Civic Center DriveLaw Offices of Carlson & Johnson LLP
N. BroadwayLaw Offices of Maria De La Luz Hernandez
Wiles Road, Coral Springs
Adams & Associates - A Professional Law Corpo
Old Tustin Avenue
Law Offices of Sood & Sood, APLC
North Broadway,
Law Offices of Louis M. Piscopo, APLC
Hutton Centre Drive
Law offices of William Paulsen and Associates
N. Tustin Avenue