San Jose, California Legal Blog
Portable drug-testing kits are known to be unreliable
Portable drug-testing kits are used by thousands of police officers each day in California and around the country because they are inexpensive and relatively easy to use. These kits have been used by law enforcement agencies for decades despite overwhelming evidence...
Pay attention to beneficiary designations
Many Californians understand the importance of a will. However, some may mistakenly believe that their will overpowers anything else that might determine the distribution of property and assets, such as the beneficiary designation forms for certain accounts. Both...
Who is permitted to challenge a will?
People in California who are writing a will might wonder who would be able to challenge it. Only certain people are permitted to do so. For example, a cousin, neighbor or friend who is not named in the will usually cannot do so even if they have reasons to believe...
The importance of an estate plan for those with brain conditions
Every California resident needs an estate plan, even if they do not think that it is necessary. Despite the common misconception, estate plans are not solely for the wealthy. The need for an estate plan is even greater when someone has a health condition that may...
Why you need an estate plan
Many across California and the rest of the country mistakenly believe that estate plans are solely for those with a high net worth. Of course, if you have significant property and assets, an estate plan is critical to plan for the future. However, an estate plan...
Things to consider when incorporating a trust into your estate plan
Though California is an expensive state in which to live, it is also home to plenty of residents who manage to acquire enough property and other assets to justify placing them in a trust. Revocable vs. irrevocable trusts There are several options when it comes to...
Legal limits on police searches and evidence exclusions
The Fourth Amendment to the U.S. Constitution establishes that law enforcement officers may only search people and property when it is legally reasonable to do so. The law generally requires police to get a search warrant from a judge before seeking evidence from a...
Supreme Court rules on traffic stop case
Civil rights advocates in California and around the country are likely to be disappointed by a recent Supreme Court Ruling. In an 8-1 decision, the justices ruled that a police officer in Kansas acted within boundaries laid down by the U.S. Constitution when he pulled...
Troubling truths about eyewitness identification
There is a lot of discussion about the reliability of eyewitness identification. It still remains one of the most compelling forms of testimony in jury trials in California. However, research suggests that memory is not infallible, and it often morphs over time as it...
High school finance clerk sentenced for embezzlement
A 64-year-old California woman has pleaded guilty to embezzling $709,084 from a high school in Orange County. After entering the guilty plea, she was sentenced to 14 years in state prison for 222 counts of felony embezzlement and misappropriation of money by a public...
