By Mani Dabiri | Published January 6, 2021 | Posted in Federal and State Criminal Defense, White-Collar and Regulatory Defense | Tagged Tags: dueprocess, pleabargaining |
The Due Process Protections Act
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, Read More
Read MoreForward through the Darkness, Forward into Light
This month marks the 100th anniversary of the 19th Amendment, which enshrines these words: “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.” That’s kind of a big deal. If you can think of a more Read More
Read MoreCalifornia Courts Must Tighten Belts Again
The state’s new budget, signed into law on Monday, cuts $200 million from the judiciary. For the fiscal year that begins today, the trial courts have $176.9 million less than last year, and the appeals courts lose $23.1 million. Overall, the budget gives $4 billion to fund the courts out of a total of $202.1 Read More
Read MoreThanksgiving 2019
This year, among other things, I’m grateful to live in a country where one group, party, or faction doesn’t wield a monopoly on power. Where power, in fact, ultimately belongs to no one but the republic itself. I was born in Iran, and for the last two weeks, the government there has waged a vicious Read More
Read MoreYou 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 MoreYou’ve (Still) Got (Money) Bail
California’s bail system is proceeding along two tracks for now. On one hand, around this time last year, the state passed a law to eliminate money bail. We broke down the new law in detail here, and we weighed its pros and cons here. The law was supposed to go into effect this October, but opponents have since Read More
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