Category: Criminal Procedure

Should Defense Attorneys Be Allowed Access to Social Media Accounts?

Social media is an important part of day-to-day life in this modern technological era. It is so important that lawyers, judges and courts are recognizing these posts as valuable evidence. However, not all sides of a courtroom proceeding have equal access to such information. That may be changing thanks to a new ruling from the California Supreme Court. Are Social Media Accounts Fair Game for Defense Attorneys? When it comes to social media evidence, police and prosecutors often find little resistance. They are able to acquire social media communications through warrants and subpoenas. However, if a defense attorney would like … Read More

Here Are the Consequences of Having a Criminal Record

A criminal charge or conviction could negatively affect your ability to lead a successful life. Depending on the circumstances, you may have greater difficulty finding a job or securing housing. There are multiple consequences that people may face for criminal charges and convictions. What Are Some Consequences of Having a Criminal Record? Federal student aid: Many teenagers and young adults don’t realize this, but federal student aid can be affected if you were convicted of a drug crime while receiving student loans. Your aid will not be affected if you received the conviction before receiving any federal loans. Along with … Read More

What To Look For In A Domestic Violence Dispute

Domestic violence is a pattern of abusive behavior in a relationship when one person is attempting to gain or maintain power and control over the other person. If you’ve been involved in a domestic violence dispute, or you know someone who has, you know it can be a scary situation to deal with. Thankfully, there are ways to predict this behavior, and certain patterns to look out for in your relationship or someone else’s that can help you identify domestic violence. What Are the Different Types? There are five ways that domestic violence can manifest itself in a relationship. It’s … Read More

Homicide Suspect Wants to Get Arrested

By Richard Wingerden of the Law Offices of Richard Wingerden posted in Criminal Procedure. On October  26, 2015, Hugo Ernesto Castro of San Jose went to the Santa Clara County Main Jail to turn himself in for killing his former girlfriend. He was turned away by a Sheriff’s deputy in the front lobby and sent back to the street. According to a statement from Sheriff Laurie Smith, Castro walked into the lobby of the Main Jail and told a civilian staff member “about the location of a dead body.” The staff member in turn informed a correctional deputy. Sources familiar … Read More

First Day in Court

By Richard Wingerden of the Law Offices of Richard Wingerden posted in Criminal Procedure. After you are arrested for a felony or misdemeanor crime, what happens at your first court date? Your first day in court is called an arraignment. Depending on the jurisdiction of the case, the following are some items that are typically addressed at the arraignment: Your attorney will make a general appearance on your behalf. That means that the attorney announces that they represent you and your legal interest, thus becoming your attorney of record. The court formally announces the charge(s) against you in the complaint. A … Read More