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LOS ANGELES CRIMINAL DEFENSE BLOG

The Differences between Arrest, Bench, and a Search Warrant

There are three types of warrants that can be issued against you in California: an arrest warrant, bench warrant, and search warrant. While they have some similarities, they are used for different reasons.

In California, arrest, bench, and search warrants are court orders issued by a court or judge.

Steps of a Criminal Investigation: Part 2

If you have been accused of being involved in a crime, you’ll want to understand what’s going to happen next. There are numerous steps of a criminal investigation. A case must be investigated, built, taken to trial, and should the accused be found guilty, the penalties must be determined. Below we outline the second half of what happens following a crime.

Going to Trial After a Criminal Investigation

Trial Following Criminal Investigation

A “trial” is the legal proceeding during which evidence is presented either just to a judge, or in front of a jury, for the purpose of determining guilt. Typically, a trial goes before a jury, unless a defendant chooses to waive his or her right to trial by jury or if it the defendant is being charged for a certain misdemeanor. If a case is just heard before a judge it is called a “bench trial.”

Steps of a Criminal Investigation: Part 1

If you have been accused of being involved in a crime, you’ll want to understand what’s going to happen next. There are numerous steps of a criminal investigation. A case must be investigated, built, taken to trial, and should the accused be found guilty, the penalties must be determined. Below we outline the first half of what happens following a crime. The second portion will be covered in a later post.

Following a Crime – the Pre-Arrest Investigation

A pre-arrest investigation is done following a suspected criminal activity. Once law enforcement is made aware that a criminal activity has occurred, they must investigate what happened before an arrest can be made. Following the investigation, if law enforcement determines evidence that reveals a crime was committed, they must make steps to try and identify a suspect. Once a suspect is identified, law enforcement may arrest the suspect. Depending on where the crime occurred, law enforcement might be required to first present evidence of the crime to a prosecuting attorney.

Drug Use and Prisons: A Crisis in the Making

Drugs have been for years a part of the national dialogue in all sectors of American culture – political, social, and, most noticeably, in popular culture. It seems that a sizeable segment of the population has a desire to get high, and a cursory look at history hints that this has long been the case.

The Use of Drugs

Drugs have probably been used by people for almost as long as there have been people. Many currently illegal drugs, such as marijuana, opium, coca, and psychedelics have been used for thousands of years for both medical and spiritual purposes. If the use of drugs is such an innate and enduring part of human culture, why is it viewed as criminal behavior worthy of the expenditure of huge amounts of our society’s resources (economic, political, social, etc.)?

Dassey Might be Able to Attend Wrestlemania

Brendan Dassey, one of the subjects in Netflix’s Making a Murderer, might be headed to Wrestlemania this year now that his conviction has been overturned.

Brendan Dassey May Be Heading to Wrestlemania

Fans familiar with Netflix’s Making a Murderer know the story of Brandon Dassey and his uncle Steven Avery. During Brendan’s 2007 trial he was found guilty of first-degree intentional homicide, second-degree sexual assault, and mutilation of a corpse. Massey was just six months shy of turning 18-years-old, but he was tried and sentenced as an adult. After having served years in prison, a federal judge has overturned Dassey’s conviction for his involvement in the murder of Teresa Halbach.

Modern America and Prescription Drugs

The Prescription Drug Epidemic

Illicit drugs have a long standing negative image in modern American culture. They are widely regarded as something only those on the fringes of society make use of, but certainly not consumed by upstanding citizens. But, as history has shown, America has long held the door open to the use of drugs by all ranks of our society.

The patent drugs of the 19th century openly contained and promoted the use of drugs like cocaine and morphine and were available without prescription at the corner drugstore. There was little or no social stigma attached to their use.

Bitcoin and Money Laundering

A decision by a Miami judge has determined that Bitcoin is not actually money. While this decision has only been made in a smaller jurisdiction, the repercussions could echo far and wide.

What is Bitcoin?

Bitcoin is a virtual currency that allows online users to spend money anonymously. It can be bought and sold on exchanges with U.S. dollars and other currencies and has even become accepted in some restaurants across the nation. Still, because it is so vaguely defined, and has also been used in nefarious purchases across the net, there is still a lot of vagueness surrounding it – especially when it comes to writing regulatory laws.

Ailes Steps Down Amid Allegations of Sexual Harassment

Just last week it was announced that Roger Ailes, the founder and chief executive of Fox News, has resigned from his position atop the media company amid allegations of sexual harassment. Ailes has been the center of a budding sexual harassment scandal that involves numerous women that have come forward with allegations against Ailes.

Roger Ailes Steps Down After Sexual Harassment Allegations

Two weeks ago Ailes, who has been at the head of Fox for 20 years, was accused by former network anchor Gretchen Carlson of pressuring her for a sexual relationship in exchange for keeping her job. Since then, numerous other women have stepped forward with their own allegations against Ailes.

Handling Sexual Assault Charges on Campuses

The last few couple of years has seen an increase in reported on-campus sexual assault cases. These cases are often so hard to not only prove, but also to prosecute. Campuses are often unequipped to handle them, and often times victim’s are unsure on how to proceed.

College Campuses and Handling Sexual Assault Charges

College campuses are obviously known for not only education, but partying. When two college students have drunken sex, it’s always a recipe for potential regrets and lasting consequences. Was it actually consenting in the moment? How much is actually remembered as a result of drugs or alcohol? And clearly remembered? Were there witnesses? Are they reliable witnesses? And also, who should investigate when these encounters lead to allegations of sexual assault?

The Evolution of Organized Crime in America

Organized crime has played a fabled part in 20th century American history. Television and movies have done much to bring the story of organized crime into the nation’s consciousness. Those who remember the dawn of the television era may recall Senator Estes Kefauver and his “Special Committee to Investigate Crime in Interstate Commerce” heatedly questioning notorious mobsters who appeared before the committee in the early 50’s.

 

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