Business Crimes

San Mateo Embezzlement – Privatizing Criminal Prosecution to Circumvent the Constitution (CA Penal Code 503)

First District Court of Appeals Judge Martin J. Jenkins.In a decision that rocks the foundation of the U.S Constitution and will likely have far reaching consequences, the First District Court of Appeals ruled that a private law firm’s investigation and cooperation with the District Attorney does not make the materials used in that investigation subject of mandatory disclosure rules and the principles set forth in Brady v. Maryland.BACKGROUNDThe Seminal case of Brady v. Maryland dictates that the prosecution must disclose any and all exculpatory materials derived in the course of a criminal investigation.  This includes; evidence which proves defendant’s innocence,...

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Bay Area Crime Penalties – disproportionate and UNJUST

About ten years ago, I handled a criminal matter in San Jose Superior Court.  It was slightly unusual because it was handled by the Attorney General’s office but otherwise, it was a routine arrested for embezzlement case (CA Penal Code 503).  I had managed to convince the prosecutor to meet me for a cup of coffee to discuss the case and heard perhaps the most difficult statement I have had to digest as a criminal defense lawyer.The offer in the case (thirteen years in state prison) seems absurd to me given my client’s age and lack of criminal background even conceding...

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