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When you are arrested for a DUI in Santa Clara (CA Vehicle Code 23152), you can comfortably assume that the date listed on your citation will be the actual court date.  Criminal attorneys don’t make a habit of checking ahead of time whether the district attorney will file charges or not. This is not true in […]

Arrested for Domestic Violence in the Bay Area? One of the most common questions Domestic Violence arrests provoke is what is the role of the complaining witness in deciding to or influencing charging and prosecution. DOES VICTIM HAVE TO TESTIFY? It is well known that a victim of domestic violence does not choose whether charges […]

California Penal Code section836(d) allows an arrest by an officer of a  crime that does not take place in their presence if: The peace officer has probable cause to believe that the person to be arrested has committed the assault or battery, whether or not it has in fact been committed. The peace officer makes […]

Alameda County Court still Struggling with Computer System It has now been over six months since the Odyssey computer system was implemented in Alameda County.  Over the last six months there have been reports of inmates staying in jail pass their sentence, individuals arrested for probation violations  that had been recalled and a host of other […]

Bay Area Domestic Violence Bail schedules – Should I Bail Out? Often, a domestic violence arrest triggers an immediate dilemma of whether to bail out or wait for a court proceeding.  Bail is the system by which those accused of a crime can essentially mortgage their freedom by posting a bond in court.  The amount […]

San Francisco Sheriff denies Home Detention After Child Porn Conviction In a far too common turn, Enrique Pearce’s sentencing for possession of Child Pornography (CA Penal Code section 311) was delayed because the San Francisco Sheriff declined to accept Mr. Pearce into it’s home detention program.  While the Sheriff may deny anyone from the home detention […]

Two Criminal Trials for The Price of One – Budgetary Concerns and Criminal Justice in Santa Clara Santa Clara District Attorney Jeff Rosen’s analysis of the two-jury criminal trials in the Mercury news lacks merit.  To begin with, Criminal trials are difficult and require a constant focus that is, at times, difficult with one jury.  […]

The Santa Clara County District Attorney’s Office found disparities in the percentages of Latino and Black individuals charged with misdemeanors and felonies. These findings confirm anecdotal impressions and data from the San Jose police department. Disparities were found across all charges beginning with the following points of encounter: car stops, 911 calls, in person street encounters, […]

An East Palo Alto landlord was arrested for vandalism (CA Penal Code 594) on October 21, after the Office of the District Attorney for the county of Santa Clara issued warrants stemming from his alleged destruction of tenant’s property in order to intimidate them and cause them to leave the premises.  It is alleged that […]