Oakland Criminal Lawyer, California

A crime, less serious than a felony, punishable by no more than one year in jail. Petty theft (of articles worth less than a certain amount), first-time drunk (more...)

A crime, less serious than a felony, punishable by no more than one year in jail. Petty theft (of articles worth less than a certain amount), first-time drunk driving and leaving the scene of an accident are all common misdemeanors.

A formal investigation -- governed by court rules -- that is conducted before trial. Discovery allows one party to question other parties, and sometimes (more...)

A formal investigation -- governed by court rules -- that is conducted before trial. Discovery allows one party to question other parties, and sometimes witnesses. It also allows one party to force the others to produce requested documents or other physical evidence. The most common types of discovery are interrogatories, consisting of written questions the other party must answer under penalty of perjury, and depositions, which involve an in-person session at which one party to a lawsuit has the opportunity to ask oral questions of the other party or her witnesses under oath while a written transcript is made by a court reporter. Other types of pretrial discovery consist of written requests to produce documents and requests for admissions, by which one party asks the other to admit or deny key facts in the case. One major purpose of discovery is to assess the strength or weakness of an opponent's case, with the idea of opening settlement talks. Another is to gather information to use at trial. Discovery is also present in criminal cases, in which by law the prosecutor must turn over to the defense any witness statements and any evidence that might tend to exonerate the defendant. Depending on the rules of the court, the defendant may also be obliged to share evidence with the prosecutor.

The burden of proof that the prosecution must carry in a criminal trial to obtain a guilty verdict. Reasonable doubt is sometimes explained as being convinced (more...)

The burden of proof that the prosecution must carry in a criminal trial to obtain a guilty verdict. Reasonable doubt is sometimes explained as being convinced 'to a moral certainty.' The jury must be convinced that the defendant committed each element of the crime before returning a guilty verdict.

A term that describes vigorous questioning, usually by the police of a suspect in custody. Other than providing his name and address, the suspect is not (more...)

A term that describes vigorous questioning, usually by the police of a suspect in custody. Other than providing his name and address, the suspect is not obligated to answer the questions, and the fact that he has remained silent generally cannot be used by the prosecution to help prove that he is guilty of a crime. If the suspect has asked for a lawyer, the police must cease questioning. If they do not, they cannot use the answers against the suspect at trial.

The defendant's formal answer to criminal charges. Typically defendants enter one of the following pleas: guilty, not guilty or nolo contendere. A plea is (more...)

The defendant's formal answer to criminal charges. Typically defendants enter one of the following pleas: guilty, not guilty or nolo contendere. A plea is usually entered when charges are formally brought (at arraignment).

A procedure in which the police place a suspect in a line with a group of other people and ask an eyewitness to the crime to identify the person he saw at the (more...)

A procedure in which the police place a suspect in a line with a group of other people and ask an eyewitness to the crime to identify the person he saw at the crime scene. The police are supposed to choose similar-looking people to appear with the suspect. If the suspect alone matches the physical description of the perpetrator, evidence of the identification can be attacked at trial. For example, if the robber is described as a Latino male, and the suspect, a Latino male, is placed in a lineup with ten white males, a witness' identification of him as the robber will be challenged by the defense attorney.

A lawyer appointed by the court and paid by the county, state, or federal government to represent clients who are charged with violations of criminal law and (more...)

A lawyer appointed by the court and paid by the county, state, or federal government to represent clients who are charged with violations of criminal law and are unable to pay for their own defense.

A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must (more...)

A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convince the judge or jury 'by a preponderance of the evidence' that the plaintiff's version is true -- that is, over 50% of the believable evidence is in the plaintiff's favor. In a criminal case, because a person's liberty is at stake, the government has a harder job, and must convince the judge or jury beyond a reasonable doubt that the defendant is guilty.

A court official usually classified as a peace officer (sometimes as a deputy sheriff, or marshal) and usually wearing a uniform. A bailiff's main job is to (more...)

A court official usually classified as a peace officer (sometimes as a deputy sheriff, or marshal) and usually wearing a uniform. A bailiff's main job is to maintain order in the courtroom. In addition, bailiffs often help court proceedings go smoothly by shepherding witnesses in and out of the courtroom and handing evidence to witnesses as they testify. In criminal cases, the bailiff may have temporary charge of any defendant who is in custody during court proceedings.