By Mani Dabiri | Published September 20, 2019 | Posted in Civil Business Litigation and Investigations, Federal and State Criminal Defense, Government Subpoenas and Investigations, Post-Conviction Defense and Appeals, White-Collar and Regulatory Defense | Tagged Tags: assetforfeiture, billofrights, dueprocess, fifthamendment, fourthamendment, searchwarrants, theftlarcenyrobbery |
You Cannot Be Serious
The Fourth Amendment is supposed to protect your right to be secure against “unreasonable searches and seizures.” Those are the actual words of the text, which is why I put them in quotes. But earlier this month, the federal court of appeals that covers California and eight other states could not say whether it violated the Fourth Amendment Read More
Read MoreWhen the Government Goes to Trial
Every now and then, a court will speak to the core of the laws that govern our way of life. Last week, the California Court of Appeal said something profound for the 21st century. Sure, it’s been said before but maybe not in this way, updated for the modern day, spelled out in language we all understand. Read More
Read MoreProsecutors Endorse Pell Grants for Prisoners
On Thursday, the nation’s largest organization for prosecutors endorsed an idea we touched on a few weeks ago. Let people in prison apply for federal grants toward higher education. Don’t cut them off completely. In the press release, the National District Attorney Association backs a federal bill that would restore eligibility for Pell grants to prisoners Read More
Read MoreA Feel-Good Story From Our Backyard
Earlier this month, a group of law students from the University of California, Irvine did something special: they won the release of an elderly inmate based on the law of compassionate release. That is not easy to do. Before a recent new law, it was nearly impossible, and even now, it’s exceedingly rare. But the man Read More
Read MoreGiving the Gift of Education
How’s this for an idea? Let’s reinstate Pell grants for people in prison. What are those? They are federal grants that help people pay for college who otherwise can’t. They require you to use the money for higher education and maintain satisfactory progress toward a degree. People in prison were eligible for them until 1994 but Read More
Read MoreFailing to Point Out the Other Side’s Fail
Last week, the U.S. Supreme Court answered a notable question in the world of employment litigation. Does it matter that an employee failed to follow the “right-to-sue” process before suing for discrimination, if the employer never complains? The answer: No. What if the employer does complain but takes its sweet time doing so? The answer: Still Read More
Read MoreCalifornia’s Cannabis Control Appeals Panel
We end our series on the state’s pot regulations with a look at the administrative panel that will hear appeals from adverse licensing decisions. There, you’re entitled to a fair and impartial review of whether your regulator treated you right; whether its decision was supported by its findings; and whether its findings were supported by substantial evidence in Read More
Read MoreThe Right to Counsel in the 21st Century
As we touched on last week, the Sixth Amendment protects not just a right to counsel but a right to the effective assistance of counsel. In the 21st century, this means at least three things. First, the government can’t take away your life or liberty without a legal defense. Second, if you can’t afford a lawyer, the Read More
Read MoreThe Eighth Amendment Applies to the States in Full
The Eighth Amendment consists of one sentence: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Until Wednesday, it wasn’t clear if the part about excessive fines applied to the individual states. In fact, you may not know this, but the entire Bill of Rights applied only to Read More
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