Traback & Du Bois
Zealous criminal trial attorneys
Call Today! 800-391-4962

Criminal Defense Archives

The Brady rule and its role in criminal cases

California residents may know that in a criminal trial, the prosecution is legally obligated to disclose any information that it possesses that might be favorable to the defense. However, this is often not done, and prosecutors will sometimes claim that they did not think the evidence needed to be introduced. If such an omission is discovered, it could lead to a retrial.

California woman faces carjacking charge after high-speed pursuit

A California woman may spend up to 16 years behind bars for allegedly leading Los Angeles County police on a high-speed chase that came to an abrupt end in the parking lot of a Bell Gardens casino. The 26-year-old woman was charged with two counts of assaulting a peace officer, carjacking and fleeing a peace officer. Her bail was set at $120,000.

California woman faces carjacking charge after high-speed pursuit

A California woman may spend up to 16 years behind bars for allegedly leading Los Angeles County police on a high-speed chase that came to an abrupt end in the parking lot of a Bell Gardens casino. The 26-year-old woman was charged with two counts of assaulting a peace officer, carjacking and fleeing a peace officer. Her bail was set at $120,000.

Why the plea bargaining system exists

California residents who are currently facing criminal charges are likely familiar with the idea of plea bargains, but they may not understand why they are offered or what benefit they may bring. Plea bargains have been an accepted practice within the criminal justice system for quite some time because they provide benefits to judges, prosecutors and defendants.

Why the plea bargaining system exists

California residents who are currently facing criminal charges are likely familiar with the idea of plea bargains, but they may not understand why they are offered or what benefit they may bring. Plea bargains have been an accepted practice within the criminal justice system for quite some time because they provide benefits to judges, prosecutors and defendants.

Establishing state of mind in a criminal case

For an individual in California who is facing charges, state of mind during a criminal act is important. This is often referred to as "mens rea," a legal term that means guilty mind. An example might be a pedestrian who is killed in an accident. The case will be approached differently based on whether the driver attempted to brake or deliberately aimed to hit the pedestrian.

Establishing state of mind in a criminal case

For an individual in California who is facing charges, state of mind during a criminal act is important. This is often referred to as "mens rea," a legal term that means guilty mind. An example might be a pedestrian who is killed in an accident. The case will be approached differently based on whether the driver attempted to brake or deliberately aimed to hit the pedestrian.

Intoxication as a defense to criminal charges

California residents may know that individuals accused of committing crimes sometimes mount a defense based on diminished capacity. While drug use and alcohol consumption can clearly impact behavior and decision making, they may not always be seen as a valid criminal defense. In these situations, the most important question is often whether or not the individual concerned had become intoxicated voluntarily.