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In Your Defense:
American Civil and Criminal Litigation in the 21st Century
This blog is committed to the defense of our common rights, freedoms, and dignity, but it is not a source of legal advice for your case or question. You should not rely on its content for that purpose, and you should not substitute the commentary here for consultation with a qualified attorney who can give you individualized advice about your own, unique situation. Every case is different.
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What do you do if you file for a restraining order but can’t find the person to serve them with court papers? Well, the California Court of Appeal just decided a case that raised that question. True story. A woman named Queen had a couple bad encounters with a homeless guy named Michael Archangel, and she filed
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Amid these lockdowns, help is on the way for all stakeholders in California’s criminal-justice system. Are you a defendant whose life sits in limbo while you wait for trial or your next hearing? Are you a victim who’s desperate for closure or restitution? The California Supreme Court has expanded a program that sends retired judges to the
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There’s a new district attorney in Los Angeles, you may have heard, and he’s making some changes. When George Gascon took the oath of office, he issued nine policy directives that will change the way his office carries out its important mission. We summarize each of them below. Bail and pretrial release. The office will no
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Under a new law, California employers may not discriminate or retaliate against employees who take time off to get a restraining order or seek other help for their health, safety, or welfare (or that of their child) as a victim of a crime. And employers must provide them reasonable accommodations for their safety upon request. These
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The L.A. Police Commission has unanimously approved a new policy under which officers who obtain your consent to a search must now prove up that consent by capturing you on camera or getting your signature on a form. It’s no longer enough to simply say that you consented verbally or through your behavior. The policy also says
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Tagged tags: departmentofjustice, DOJ, jurisdiction, searchwarrants, smartoncrime, technology, witnesses
Under a new policy, the Justice Department will let state and local officers on joint task forces use body-worn cameras in some cases. The policy follows a successful pilot program that ran in cities like Houston, Detroit, Wichita, and Salt Lake City over the last year. It is a response, in part, to the growing use
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Last week, Congress passed a new law that sharpens a fundamental rule of fairness in our system: “In all criminal proceedings, on the first scheduled court date when both prosecutor and defense counsel are present, the judge shall issue an oral and written order … that confirms the disclosure obligation of the prosecutor under Brady v. Maryland, 373
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Attention, small businesses and their employees. This one’s for you. Beginning January 1, 2021, if you employ five or more people in the state, you must provide them up to twelve weeks of unpaid leave, upon request, so they may welcome a newborn or care for a sick family member. You don’t have to pay
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Tagged tags: technology
Okay, so it’s not a competition. But Orange County has rolled out remote hearings for traffic tickets, too. We talked about L.A. two weeks ago. But O.C. launched its own service at the same time, and they’ve got video. If you already had a hearing scheduled, it’ll be rescheduled and held remotely, and they’ll show you how. If you’re
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Tagged tags: technology
How’s this for useful information? Now, if you have a court date scheduled on or after September 14, you don’t have to go to court. You can appear by phone. And you can do it for traffic tickets as well as non-traffic infractions. But you can’t do it if you’re appearing for trial or you need
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