Ineffective Assistance of Counsel in Plea Bargaining. How Judges Review Plea Bargains.
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- I’m on Parole. Can Cops Search My Cellphone??
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Finalizing a Plea Bargain. Immunity for Testimony. Offense Classification. Imperfect Self-Defense.
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Admissibilty of Evidence. Criminal Appeals. Motions for a New Trial.
Competency to Stand Trial. Judgments of Acquittal. Miranda Rights. Right to an Attorney. The Right to a Public Defender. The Constitutional Right to Silence. Custodial Interrogation. Involuntary Confessions.
Waiver of Miranda Rights. Using Post-Arrest Silence at Trial. Miranda Rights for Students. Exceptions to the Exclusionary Rule. Police Stops on the Street. Right to Record Police Officers. Arrests and Arrest Warrants. Use of Force in Resisting Arrest. Timely Arrests. Probable Cause and Probable Cause Hearings. Other Constitutional Rights. Right to a Speedy Trial. Right to a Public Trial. Double Jeopardy. Discovery in Criminal Cases. Interviewing Prosecution Witnesses. Preserving Evidence. Hearsay in Criminal Cases.
Stages of a Criminal Case. Stages of a Criminal Trial. Search Warrant Requirement. Search and Seizure Rules. Consent to a Search. Consent to Home Searches. Car Searches. Searches Incident to Arrest.
Parole Law Blog by The Law Office of Greg Tsioros
The Good-Faith Exception. The Patriot Act. The Knock-Notice Rule.
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The Case for a “Special Status” for Cellphones
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Child Molestation Law. Child Pornography Law. Public Indecency. Sexual Assault. Sexual Misconduct. Statutory Rape. Auto Theft. Traffic Offenses. Driving on a Suspended or Revoked License.
How to Check for Parole Warrants in California
Driving Without a License. Hit and Run. Reckless Driving. California , the court held that this practice was no longer appropriate, largely because of the kinds of technological advances made with cellphones.
The decision is a major turning point in the battle between effective law enforcement and protecting individual privacy, but it has raised a number of questions. What, for instance, must law enforcement do in order to be able to search the cellphone of someone on parole? The idea behind a parole system is to lower the privacy level of individuals who may pose a continued threat to the public.
People on parole are often subject to indiscriminate searches of their person and belongings, often without warning or warrant. This is because parole often requires an individual to waive his or her Fourth Amendment rights to unreasonable searches and seizures. The Ninth Circuit Court of Appeals recently took on this issue, and used the same logic that the Supreme Court used to reach their decision in Now, similar to the search of cellphones owned by individuals not on parole, law enforcement will be required to obtain a warrant before searching the cellphones of parolees.
If you are on parole and evidence discovered on your cellphone during a warrantless search leads to a subsequent criminal charge or allegation of a parole violation, your attorney can argue for that evidence to be suppressed. If you are being charged with violating your parole, you need to speak to an experienced criminal defense attorney right away.