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Know Your Rights when speaking to the Police

Nobody believes they’ll ever get arrested. Most don’t even believe a police officer will ever pull them over. It happens, though, which is why you must be prepared even if, fingers crossed, it never happens to you.Do you know your rights, what to say, and what not to say when a police officer approaches you? Check out what to do if this happens to you.What to Do if a Police Officer Approaches YouKeep the following in mind:Stay calm and stay put Remember to SC and SP, Stay Calm and Stay Put. Don’t start arguing with the officer. Don’t say anything...

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Pretrial Cash Bail (SB-10) Eliminated in the State of California

Judges Bail SB-10

People arrested in the state of California will see a dramatic shift in the terms of their detainment pending trial under a new law set to take effect in October 2019.The recently passed Senate Bill 10, or the California Money Bail Reform Act, eliminates cash bond in favor of nonmonetary bail conditions. Gov. Edmund Brown signed the bill in late August.“Today, California reforms its bail system so that rich and poor alike are treated fairly,” Brown said.The bill was intended to keep low-income defendants from spending a disproportionate amount of time behind bars. Currently, almost two-thirds of the inmates in...

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Domestic Violence on the Rise in San Jose

In San Jose, amidst the innovation of Silicon Valley and the beauty of some of California’s best gardens and parks, there has been a disturbing rise in domestic violence. As law enforcement and the legislature scramble to combat the increase of domestic violence crimes in San Jose, some defendants are being falsely convicted or face much harsher penalties than if their same actions were charged under ordinary criminal statutes.San Jose’s Rising Domestic Violence RateThe number of domestic violence-related calls to the San Jose Police Department rose from 2,982 in 2008 to 3,898 in 2017. In February 2018, the San Jose...

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Burglary Prevention Tips From the San Jose Police Department

According to the FBI there is a burglary every 15 seconds. In San Jose alone there are roughly 4,000 burglaries every year, which equates to more than 10 per day. With permission from the San Jose Police Department, we have condensed the tips from their burglary prevention resource page into an easy-to-read overview as well as an infographic that will help you keep your home from becoming a target.According to the San Jose PD, Burglars are looking for easy targets. They need homes that they can get in and out of quickly and that allow them to do so undetected.Jump...

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FOSTA – A Quagmire of Denial of Freedom of Speech

In an almost unanimous passage, the Senate Bill titled, “Fight Online Sex Trafficking Act,” has provided law enforcement with power which will undermine the rights of individuals to speak out. While it may sound very politically and socially correct, Craigslist has already removed its Personal Ad section, and so have other social media sights. In a nut shell the law will hold web sites responsible for what an individual may post. Therefore, if someone posted that they are willing to trade sexual favors for profit, the web site can be held accountable.This meant that Senate Bill 230, passed over 20...

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Flaws in Forensic Evidence

The office of the Santa Clara District Attorney’s “Conviction Integrity Unit” is going through the arduous effort of scanning previously sentenced individuals for details where microscopic hairs have been utilized in a guilty verdict. These tiny pieces have been used to convict persons from everything including rapes, child molestations, kidnappings, and murders. What has prompted this investigation is the recent overturning of the kidnap and sexual assault by Glen Payne, now freed, who served fifteen years for the crime.The case involved a two-year old child. The girl was found missing from her home in May 1987, and later located covered...

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Five Surprising Ways You Can Get Charged With a DUI

When most people hear the term “driving under the influence,” they assume that the driver was illegally operating a motor vehicle while intoxicated by alcohol.In fact, DUI laws apply to more than just motor vehicles and alcohol; criminal charges can be brought against individuals who operate a variety of vehicles under the influence of any substance that impairs their ability to operate it safely.From bicycles to horses, operators are often surprised to be charged with DUI while under the influence of alcohol, prescription medications, marijuana and other substances. Those charged with DUI are subject to fines, loss of their driver’s...

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What is Drinking Culture?

In many ways, drinking alcohol in college has become a rite of passage: from TV, movies, and music, college drinking is portrayed as being as inseparable from undergraduate academia as grades and all-night study sessions.To put into perspective the pervasive use of alcohol in college, a recent national survey found that within the past month, almost 60% of college students had consumed alcohol with almost 2 out of 3 students engaging in binge drinking.Unfortunately, college drinking can have serious consequences. Criminal charges such as DUI or sexual assault are common, as are the negative effects on the student’s education, health,...

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Catch a Fire – Arson and Resistance to Gentrification in Oakland (CA Penal Code 451 & 452)

On July 7, 2017, a fire tore through the Alta-Waverly building, a seven-story, mixed-use building under construction in downtown Oakland. The heat from the fire was so intense, it was picked up on local weather radar and there was significant concern that an industrial crane, which was being used during the construction, might collapse onto adjacent buildings. I could feel it on my drive to the Summit Defense Law office in Downtown Oakland.  The fire destroyed the structure at 2302 Valdez Street, at the corner of 23rd Street, threatening homes and other businesses in the residential-commercial area northwest of Lake...

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Santa Clara County’s Collateral Consequences Policy and Avoiding Dual Prosecution (CA Penal Code 242)

Last month’s issue of The National Review featured an article by Pete Hutchison, lambasting Santa Clara County District Attorney Jeffrey Rosen’s “Collateral Consequences” memo and practice[1]. Hutchison seems to attribute all of the woes of most victims to Rosen’s directive to his office to consider the collateral immigration consequences for cases prosecuted by his office involving non-citizen defendants. Hutchinson’s diatribe is misinformed, misdirected and startlingly off-target. Which shouldn’t surprise most readers who have any idea of the roots of The National Review or its general opinion on all issues political, social or judicial.The National Review is a conservative, quasi-monthly magazine...

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