Criminal Law Section of the California Lawyers Association’s Post

Understanding how juvenile records are handled in New York State can be complex. Arthur L. Pressman offers knowledgeable guidance to navigate these legal waters, ensuring the best possible outcome for young individuals. Need help with juvenile law? We're here for you. #JuvenileLaw #NYJuvenileRecords #LegalGuidance #YouthRights

After handling over 50 criminal appeals on behalf of the State of Minnesota, today I filed my first appeal on behalf of a criminal defendant in the 8th Circuit after being appointed under the CJA. Let me tell you, after this experience, my appreciation for the work of appellate public defenders (indeed, all public defenders) went way up. Navigating the demands of a client whose liberty is at stake - to the tune of 20 years in prison - adds a whole new dimension to the appellate process I'm used to (locking myself in a room for hours on end to read and write). It got me thinking. Wouldn't it be great if prosecution offices and public-defense offices had a shared initiative whereby they swapped counsel? Here's the proposal: After working for a public-defender or government-prosecution office for a year (or perhaps 2 years), the employee would then head over to the other "side" and work for, let's say, 6 months to a year for the adversary. I know what you're thinking. I'm a born prosecutor, I could never defend a criminal! Or, I'm a bleeding heart defense attorney, no way would I compromise my integrity and represent that State! Fair enough. I thought the same thing for years. But I've been converted. I think you'd find that the work of both prosecutors and defense attorneys is absolutely vital to our system. And swapping jerseys for a season would, I suspect, not only make you a better advocate for your client (whether your client is the State or an individual) but would also make you more empathetic and compassionate to opposing counsel. And the real winner in my proposal? The criminal justice system as a whole. What do you think? Ready to join my letter writing campaign to the heads of prosecution and public-defender offices?

Exploring the Crucial Role of District Attorney Prosecutors in Upholding Justice In the intricate tapestry of the criminal justice system, the District Attorney (DA) stands out as a pivotal figure, orchestrating the prosecution of criminal cases on behalf of the state. These legal professionals play a critical role in maintaining the balance of justice, ensuring that individuals accused of crimes are prosecuted fairly and diligently. Understanding the responsibilities and the impact of District Attorney prosecutors on society sheds light on the complexities of legal proceedings and the enforcement of law and order. District Attorneys, often referred to as prosecutors, are vested with significant authority and responsibility. Their decisions can profoundly affect the lives of individuals, the community's sense of justice, and the overall integrity of the legal system. At the heart of their role is the pursuit of justice, not merely the pursuit of convictions. This fundament... #AlternativeSentencingPrograms #CommunityOutreach #CriminalJusticeSystem #DistrictAttorney #EthicalObligations #EvidenceEvaluation #LegalPolicyAdvocacy #legalproceedings #LegalReforms #pleanegotiations #Prosecutors #PublicTrust #RestorativeJusticePractices #TechnologicalToolsinProsecution #victimadvocacy

Convicted of a crime and want to clear your name and wipe your record clean? Under criminal law do you know how to use expunctions in a way that best suit you? Sarah Durham, attorney at law takes an in depth look at expunctions, what they do and how they work. In criminal law under the Texas Code of Criminal Procedures the term relates to the removal of an arrest or conviction from a person's public criminal record. An expunction is very important for getting back to life after serving time in prison. Depending on your criminal record, you could be restricted from a number of things that are legal to citizens who have no criminal record. Check it out, and if you have any questions for Sarah and our team email us at appeals@blizzardlawfirm.com or post them here! Download our free Post-Conviction Writ Guide - "Winning Freedom from Prison: 5 Critical Things to Know to Pursue Overturning a Conviction or Sentence" at: https://lnkd.in/gA4vihDq Subscribe to our YouTube Channel with more informational videos on the appeal process:  https://lnkd.in/gqMXMf4t Check out our law firm's website at https://lnkd.in/gPWGXSAi - - - - - - -  About the Attorney Sarah’s practice focuses on appellate advocacy. On a given week, she may write a brief to one of the fourteen intermediate courts of appeals throughout Texas or submit a petition for discretionary review to the Texas Court of Criminal Appeals

#Misuse of #Legal #Provisions by Defense Counsel: A #Critical #Examination 🚨⚖️ In the #Pune #Porsche accident case, the defense lawyer, Ponda, argued that a minor's #conflict with the #law does not render him a hardened criminal. This assertion, while technically sound, highlights a troubling exploitation of legal loopholes. **#Strategic #Manipulation of #Juvenile #Law** 🧠💼 Ponda's defense pivots on the Juvenile Justice Act, designed to rehabilitate minors rather than punish them. By leveraging this principle, the defense aims to secure lenient treatment for serious offenses, undermining the law's intent to balance rehabilitation with accountability. **#Impact on Legal #Precedents** 📜⚖️ Allowing such interpretations to prevail sets dangerous precedents, where the gravity of offenses is diminished by age-related defenses. This can potentially erode public trust in the judicial system and weaken deterrent mechanisms for severe crimes. **#Public #Safety Concerns** 🚔🛡️ Prioritizing leniency over the severity of the crime compromises public safety, as it may encourage repeat offenses among juveniles, knowing the legal system's lenient stance. In #conclusion, while advocating for minors' rights is crucial, it is equally important to uphold the law's integrity and ensure justice is served equitably. Misusing juvenile protection laws not only jeopardizes legal principles but also public safety. ⚖️🚨 For more details, read the full article [here](https://lnkd.in/g3aKU3xa).

Every Sunday I will publish on here captioned “Something realistic to the Criminal Justice system.” For the True Crime buffs (Next Sunday will be a real treat..). These cases helped me incredibly to tell my story to people like the Innocence project & many others a like when I was at Groveland and didn’t have the privilege of calling or “surfing the web”. Only letters. I may of gained a lot after release, but that’s where my fight and love for criminal justice originated. In prison. Interestingly enough, these same and similar cases were considered “ridiculous” by the trial court in People v. Colella. Unfortunately, I do not yet have a citation to go with, though soon, it’s looking as if I may☘️ Todays case being presented is one I used for myself pleading for my innocence - & now today for those behind the bars. People v Ulett 2019 NY Slip Op 05060 -Decided on June 25, 2019 Court of Appeals Garcia, J. [Reversed & new trial ordered] -Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. 1. The prosecution is required to disclose information that is both favorable to the defense and material to either defendant's guilt or punishment (see Brady v Maryland, 373 US 83, 87 [1963]; 2. That duty to disclose encompasses impeachment evidence as well as exculpatory evidence (see Strickler v Greene, 527 US 263, 280 [1999]; Giglio v United States, 405 US 150, 154-155 [1972]). "The rule applies regardless of the good or bad faith of the prosecutor, for its purpose is not to punish misconduct but to insure that the accused receives a fair trial" (People v Bryce, 88 NY2d 124, 129 [1996]). To establish a Brady violation warranting a new trial, "the defendant must show that: (1) the evidence is favorable to the defendant because it is either exculpatory or impeaching in nature; (2) the evidence was suppressed by the prosecution; and (3) prejudice arose because the suppressed evidence was material" (People v Hayes, 17 NY3d 46, 50 [2011]; see also Strickler, 527 US at 281-282). With this well-established standard in mind, we examine the People's proof, the relevance of the missing evidence, and the potential effect of suppression on the outcome of the trial. 3. Under New York law, where a defendant makes a specific discovery request, "the materiality element is established provided there exists a reasonable possibility that it would have changed the result of the proceedings" (Garrett, 23 NY3d at 891 [emphasis supplied], citing Vilardi, 76 NY2d at 77). In contrast, in federal court reasonable probability is the materiality standard for all alleged Brady violations (see Kyles v Whitley, 514 US 419, 434 [1995]; United States v Bagley, 473 US 667, 682 [1985]). Brady material & People v. Colella are like peas and carrots 🌹Remember, the only words I heard in court were “Brady material”. I found this all on my jailhouse lawyers research. 🤘- Recent find thanks to a Yale Law student - I have (2) Brady violations.

Overview of Federal Criminal Practice MCLE, 10/23, presented by the ACBA Criminal Law Section and Court Appointed Attorneys Program (CAAP). This presentation is an introduction to federal criminal courts for state practitioners. State and federal law enforcement agencies increasingly work together and it’s not always clear what crimes are likely to be prosecuted federally. Because the sentencing schemes are so different, the effects of state court convictions can have devastating impacts if a person is later charged in federal court. This program is designed to teach criminal defense attorneys who primarily practice in state court the basics of federal practice, how state court priors impact people if they're later charged federally, and what to look out for if a client is facing a federal investigation. It will also provide attendees with resources if they have questions about federal criminal proceedings. Free October program, check us out for free in October! Speaker: Ellen Leonida RSVP: https://lnkd.in/ga5gh8r9

Juvenile defense cases require special care to help young people avoid harsh punishments and protect their futures. Best and Brock in Tennessee commits to a thorough approach, ensuring every child’s background, context, and potential is highlighted during proceedings. Unsure about how juvenile court differs from adult court or whether certain records can be sealed? Let us break down these factors, building a legal strategy that safeguards your teenager’s prospects. We handle matters ranging from minor misdemeanors to serious allegations, letting you rest easier knowing your child’s case isn’t overlooked. If you fear a mistake today might haunt them tomorrow, contact us to learn how we can defend your child with determination. Don’t allow a single incident to define their path forward. https://buff.ly/40Tvcqk #JuvenileDefense #TennesseeLaw #BestAndBrock #YouthAdvocacy #LegalSupport

Criminal justice attorneys stand as pillars of justice, safeguarding constitutional rights and ensuring fairness for all, regardless of the crime. In the realm of criminal cases, ethical conduct is paramount. Attorneys must navigate a complex web of duties to their clients, the court, the public and their own professionalism. Here's a peek into their ethical world: ⚖️ Duty to the Client: Putting client interests first, maintaining confidentiality, and providing top-notch representation. ⚖️ Duty to the Court: Upholding the integrity of the justice system, being truthful and respectful in dealings with the court, and avoiding manipulation or deception. ⚖️ Duty to the Public: Advocating for justice and fairness, upholding the rule of law, and respecting the rights of all involved in the legal process. ⚖️ Duty to Professionalism: Maintaining integrity and professionalism, steering clear of unethical or illegal behavior, and upholding the constitution in every case. Need a criminal justice attorney on your team? Contact me today for a free consultation. Related Topics: lawyer in California criminal defense lawyer California attorney case evaluation legal help legal advice criminal defense attorney #lawfirm #lawyers #criminallaw #legaladvice #legalservices #criminaldefense #attorneys #californiacoast #empowering #prison #prisoner #jail #incarceration #incarcerated #convictions #juvenile #juveniles

In Erie County, New York, the age of criminal responsibility is set at 16, aligning with state law and determining how the justice system treats young offenders. Arthur L. Pressman, Attorney at Law, emphasizes the importance of understanding these legal nuances, especially for residents and stakeholders. The county’s legal approach involves diversion programs and rehabilitation efforts, prioritizing the developmental needs of juveniles under 16 through Family Court proceedings. Meanwhile, individuals aged 16 and older are subject to adult criminal procedures, with a focus on rehabilitation when feasible. For comprehensive insights and guidance on navigating these complex legal landscapes, Arthur L. Pressman offers experienced legal support. #ErieCountyLaw #JuvenileJustice #CriminalResponsibility