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What Happens If You’re Not Read Your Miranda Rights?
Most of us have seen those TV shows where a character gets arrested and an officer reads them their rights. You might even know the words by heart: “You have the right to remain silent. Anything you say can and will be used against you in a court
Choosing Legal Help: Public Defender or Private Attorney?
Selecting the right legal representation can feel like a big decision, especially when your well-being could be at stake. Should you go with a public defender or hire a private attorney? Both options have their strengths, but what works for one person might not suit another. The key is understanding
When a Business Email Leads To Honest Services Fraud Charges
Most people don’t think twice before hitting send on a work email. It’s just part of the daily grind, sharing updates, following up on tasks, confirming who’s handling what. But when your role includes decision-making or has any tie to public funds or corporate governance, that simple email could spark
Attorney Q&A: If you’re pleading guilty, do you still need a lawyer?
Pleading guilty might feel like a simple step, especially when the facts appear clear. But it’s a weighty decision that carries lasting consequences. You’re not just admitting fault—you’re entering a legal process that can affect your future in ways you might not expect. That includes your job, your record, and
What to Know About Police Car Searches in San Diego
Introduction: Know Your Rights Before You’re Pulled Over
Being pulled over is never pleasant; it’s even more stressful when a police officer asks to search your vehicle. In San Diego and throughout California, there are specific legal rules that determine when officers can and cannot conduct a vehicle search. Understanding
Why the Prison Litigation Reform Act Must be Repealed
On a weekly, and often daily basis, we hear from people incarcerated in this nation’s jails and prisons seeking help. We hear from people who are not receiving the medical care they need and who are terrified that they will suffer permanent injury from the jail or prison’s failures to
Constitutional Cases for Justice Warriors: Yim v. City of Seattle
Ninth Circuit recognizes “prison to homelessness pipeline, ” upholds (in part) Seattle ordinance forbidding landlords from adverse action based on criminal history.
This spring, the Ninth Circuit decided Yim v. City of Seattle, 63 F.4th 783, 787 (9th Cir. 2023), which despite being a Section 1983
Reed v. Goertz: Criminal defendant challenges Texas post-conviction DNA statutes
U.S. Supreme Court holds that Section 1983 procedural due process claim accrues when state-court litigation ends
Reed v. Goertz, the Supreme Court granted certiorari to determine when a cause of action accrues (and thus when the statute of limitations period starts running) for a plaintiff’s claim under 42 U.S.C.
Do bogus criminal charges bar a righteous § 1983 civil rights suit? “Heck No!” says Ninth Circuit.
It’s sadly a common fact pattern: a member of the community is involved in an altercation with the police; the police use excessive force; but it’s the community member who gets charged with a criminal offense. As we’ve reported earlier here, a related criminal case presents a sticky wicket
Civil Case Updates for Criminal Practitioners Archive (April 2020)
Multiple dwellings and probable cause for search warrants
Blight v. City of Manteca,
944 F.3d 1061 (9th Cir. 2019)
Manteca, California! Nestled about halfway between Modesto and Stockton off of Highway 99, it is the hometown of former NBA point guard and coach Scott Brooks – an
9TH CIRCUIT CRIMINAL HANDBOOK
Along with the Honorable Larry A. Burns, Tim Scott is the author of the Ninth Circuit Criminal Handbook, which is updated annually.