Tag Archives: criminal attorney sacramento

The Adversary Process

Posted on July 16, 2012 by admin

Once the jury is chosen, the trial begins.  The adversary process is a process in which the adversaries attempt to achieve their different objectives through the rules of law and professional ethics.  The prosecutor’s job is to obtain a conviction … Continue reading →

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Criminal Acts Involve Voluntary Decisions

Posted on June 18, 2012 by admin

Every criminal offense requires both a criminal act and an accompanying state of mind.  An act is simply a movement of a part of the body and the criminality refers to the harm that ensues from the act.  The state … Continue reading →

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Exclusionary Rule

Posted on June 14, 2012 by admin

Although this rule is controversial, the exclusionary rule states that the courts must exclude evidence that was obtained as the result of an unreasonable search or seizure.  This rule was created to control police behavior and has had exceptions in … Continue reading →

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When you are Arrested

Posted on April 16, 2012 by admin

When you are arrested lawfully, you can be searched without your consent. If you are arrested but not taken into custody, the police can search you for weapons and to prevent you from destroying any evidence. Should you be taken … Continue reading →

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Inventory Searches

Posted on January 5, 2012 by admin

Despite the subtle nuances of privacy interests and constitutional guarantees, most individual rights are nullified by legal technicalities. If the police are able to initiate an arrest, which is allowed for any offense – even traffic tickets – then the … Continue reading →

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Rape

Posted on December 20, 2011 by admin

Rape – “unlawful carnal knowledge” – is sexual intercourse with a woman without her consent. As far as the law in most states is concerned, a man cannot be “raped,” although he can be sodomized. The rapist does not have … Continue reading →

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Assault

Posted on November 24, 2011 by admin

There are several definitions of a criminal assault. In some states, an assault is defined as attempted battery, plus the ability to actually carry out that battery. Other states define assault as a deliberate threat to commit battery, even though … Continue reading →

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Drug Crimes

Posted on November 18, 2011 by admin

Although there are numerous types of drug charges most include possessing, or being under the influence, of some type of illegal substance. The potential consequences include, but are not limited to, license suspension, registration as a narcotic offender, confinment in … Continue reading →

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Preliminary Crimes – Conspiracy

Posted on November 17, 2011 by admin

A “conspiracy” is an agreement between two or more persons to commit a crime. A married man and his mistress, for example, may plot to kill his wife and collect the insurance money. But in order for the crime to … Continue reading →

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Crimes

Posted on November 16, 2011 by admin

Two things must be present in order for a crime to be committed: an act (the physical element) and a particular state of mind (the mental element). The act is the body of the crime – the corpus delecti. In … Continue reading →

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