Michael Phelps Arrested for DUI, Offers Apology.

On September 30, 2014, at approximately 1:40 am Maryland Transportation Officers observed a white Land Rover traveling at 84mph in a 45mph speed zone. The car was crossing double lane lines. Officers initiated a traffic stop and discovered that the driver was non-other than 22-time Olympic medalist Michael Phelps. Even though Phelps was cooperative he was “unable […]
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The Law Office of Arash Hashemi Announces New Phone Numbers

Los Angeles, CA – The Law Offices of Arash Hashemi announced today that their telephone and facsimile numbers have changed. This change takes effect immediately, however, the old telephone number will remain working until October 15, 2014. All facsimile correspondence should be sent to the new number. The new numbers are as follows: Telephone:      […]
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Woman Charged With Homicide After Surfing Facebook While Driving

While driving, if you look at the car next to you chances are you will see the driver on his/her phone. Some are talking without a headphone. Others might be texting, Tweeting, or updating their Facebook statues. It seems the threat of getting a traffic ticket does not deter these drivers. All those public service […]
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Beverly Hills High School Principle Alleges Racial Discrimination

     Discrimination is usually defined as an action that denies social participation or human rights to a person or group of people based on prejudice. Racial discrimination differentiates individuals on the basis of real and perceived racial differences. On Wednesday, July 16, 2014, Beverly Hills High School principal, Carter Paysinger, filed a lawsuit against the Beverly […]
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California Death Penalty Ruled Unconstitutional by Federal Judge

On July 16, 2014, US District Judge Cormac J. Carney ruled that California’s death penalty violates the 8th amendment of the United States Constitution which prohibits cruel and unusual punishment. The case was brought up on a petition made by death row inmate, Ernest Dewayne Jones who was sentenced to death nearly twenty years ago. […]
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The Criminal Process

How Does the Criminal Process Work in California? When I was younger I loved law shows on TV, in particular ones that had to do with crimes, such as the Law & Order franchise. I used to watch them passionately studying the tactics, the procedures and dialogue the lawyers in the shows used. However, after […]
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Differences Between a Civil and Criminal Case

One of the most common questions asked of me is “What is the difference between a civil case and a criminal case?” There are many differences but some of the main ones are easy to distinguish. A civil case usually involves a dispute between private persons and/or organizations, such as a corporation. A criminal case […]
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Boston Marathon Bomber an Enemy Combatant?

One of the most dramatic manhunts in US history has come to an end with many questions still unanswered. One of them is how to treat Dzhokhar Tsarnaev within the legal system. Senators John McCain (R-Ariz.), Lindsey Graham (R-S.C.) and Kelly Ayotte (R-N.H.) and Representative Peter King (R-N.Y.) issued a joint statement commending law enforcement […]
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Right to Remain Silent?

On June 17th, the Supreme Court of the United States ruled 5 to 4 to uphold the 1992 murder conviction of a Texas man named Genovevo Salinas (Full Story). He sat silently when the police questioned him about the shotgun shells that were found at the scene of the murder and traced to his shotgun. […]
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Can Government Funding Regulate Speech and/or Policy?

On June 20, 2013, The Supreme Court of the United States ruled in favor of the First Amendment’s protection of free speech striking down part of a Federal law regarding funding. The law had required all groups that receive funding for fighting AIDS globally to announce policies “opposing prostitution and sex trafficking.” Several of the […]
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Elements Of A Crime

In the July 2013, California Supreme Court case People v. Davis, Mr. Davis was arrested at a rave party after he sold blue pills to an undercover officer. The California Health and Safety Code lists methylenedioxy amphetamine (MDA), commonly known as Ecstasy, as a controlled substance. However, subsequent tests revealed that the blue pills contained […]
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The Hearsay Rule and Its Exceptions

Whether watching court trials on the news, movies or popular television shows, we all have been exposed to some kind of court proceeding. Perhaps one of the most memorable events during a trial is when you see an attorney yell “objection!”, when opposing counsel is questioning a witness. While there are many objections an attorney […]
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Aaron Hernandez and First Degree Murder

There are several different violent crimes a person can be charged with in the United States of America. One such example is Murder; which is defined as the intentional and unlawful killing of another human being. However, there are different degrees of murder a person can be charged with. Professional athlete Aaron Hernandez (formally of […]
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Negligence and Michael Jackson

On October 2, 2013, a jury found AEG Live not liable for negligence in the case of KATHERINE JACKSON, ET. AL. VS. AEG LIVE LLC, ET. AL. (Los Angeles Superior Court Case #: BC445597). The case was filed by the family of Michael Jackson, one of the world’s biggest Pop Stars. The verdict shocked not […]
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Court Upholds Broad-Based Expungement

While some states restrict expungement of records to cases in which the defendant was innocent or wrongfully prosecuted, California is more willing than other states to give criminal defendants a fresh start following a criminal conviction. In People v. Parker, a June 24, 2013 decision from the Second Appellate District, the Court considered the case […]
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Man Held In Solitary Confinement For 41 Years

71-year-old Herman Wallace died on October 8, 2013, approximately one week after being released from prison in Louisiana. Mr. Wallace, a member of the Black Panthers and one of the Angola 3, was convicted of armed robbery in 1971 and sent to Angola State Prison. The next year, he was accused of fatally stabbing a […]
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Law Enforcement and Qualified Immunity

The Supreme Court of the United States of America is the highest court in the country. The Court hears cases that are on appeal from a United States Circuit Court decision. The Supreme Court can choose to overturn the opinion of the lower court, or they can rule Stare Decisis, which is Latin and translates […]
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Revenge Porn Now Illegal in California

In October 2013, California Governor Jerry Brown signed a law that expanded the definition of disorderly conduct and invasion of privacy. Senate Bill 255 outlaws so-called “revenge porn,” which involves the posting of private, pornographic photos of another person as a means of revenge against an ex-partner. The bill, which goes into effect immediately, specifically […]
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Murder Suspect Gives Up

A woman accused of murdering her two children has requested the death penalty. In September 2013, police in Orange County arrested 42-year-old Marilyn Edge of Scottsdale, Arizona in connection with the murder of her two children, aged 9 and 13. Prosecutors allege that Ms. Edge poisoned her children after she lost a custody battle with […]
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Expunging California Criminal Records

Expungement in California, particularly for expunging California criminal records, is a vital legal process for individuals aiming to conceal their criminal history from the public eye. This process, while not completely erasing the conviction, significantly lessens its impact, thereby enhancing opportunities in employment, housing, and other crucial aspects of life. Key Penal Code Sections for […]
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When Criminal Law And Immigration Law Collide

The question often arises: can a criminal conviction be a snake in the grass as far as your immigration status is concerned? The California Supreme Court recently considered this question in the September 11, 2013 case of People v. Martinez. In 1992, Mr. Martinez was arrested for and charged with possession of marijuana. He pled […]
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The 4th Amendment and Illegal Search of Property

As a citizen of the United States of America, it is always good to know your legal rights. Perhaps one of the most common questions that people ask is whether it is legal for police to search one’s personal property without the consent of the owner and/or a warrant? The 4th amendment forbids unreasonable searches […]
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Felony Pretrial Procedure

After the arrest and before the trial, there are a number of important events that take place in the life of a felony criminal case. Once a person is arrested, a judge determines the amount of bail. Bail cannot be tied to the evidence against the person — instead, the judge determines the likelihood that […]
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The Heat Of The Moment

A sudden passion can separate murder from manslaughter, in a legal sense — but, where is that line drawn? On June 3, 2013, the California Supreme Court delivered People vs. Beltran, (124 Cal.App.3d 335). Mr. Beltran shared a residence with Claire Joyce Tempongko and Ms. Tempongko’s son. While the son called Mr. Beltran “Dad,” Mr. […]
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Discovery In Criminal Cases

Traditionally, discovery in criminal cases was a one-way proposition: the prosecutor had a duty to disclose evidence to the defense, but the defense had no duty to reciprocate. That dynamic changed with Proposition 115. Proposition 115, narrowly approved by voters on June 5, 1990, made reciprocal discovery the rule in California criminal cases. While the […]
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Thurgood Marshall – The First Black Supreme Court Justice

When one thinks of the Civil Rights Movement two names might come to mind. The first, without a doubt, is Dr. Martin Luther King Jr.; and the other may be Malcolm X. These two people were both huge contributors to the movement, and moved the public with famous and powerful speeches. However, one important and […]
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Johnnie Cochran

“If it doesn’t fit, you must acquit!” That line was made famous during the O.J. Simpson trial by a man who himself became a household name in America. His name was Johnnie Cochran. However, few seem to know that Johnnie Cochran was a well accomplished attorney and famous in his own right prior to the […]
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Taking & Storing DNA Evidence During The Booking Process in California

On March 20, 2014, the U.S. 9th Circuit Court of Appeals upheld that California’s taking and storing DNA profiles from anyone arrested on suspicion of a felony is Constitutional. This caused a bit of controversy throughout the State, because some argue that this practice should not be legal. The state of Maryland practices the same […]
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