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A special holiday time JL Law avatar for my special clients, potential clients, friends and folks that one day will be friends.  Attorney Jay Leiderman and the staff at Jay Leiderman Law wish you all the best!     Attorney Jay Leiderman and all the staff at Jay Leiderman Law, California State Bar Certified Criminal […]

Failure-to-Recall Instruction At defendant’s competency trial, all the experts agreed that defendant appeared to suffer from impaired memory. Therefore, at the prosecution’s request, the jury was instructed: “The inability to recall facts or information does not in and of itself render a defendant incompetent to stand trial; however, it is a factor to be considered […]

The Expansion of the Medical Marijuana Program in New York Moving to address complaints about new medical marijuana program New York, the state’s Health Department is making significant changes in access to the drug, including making a home delivery program, very likely to expand by the end of October. The program, which saw its first […]

HAVING A BAILIFF STAND BEHIND THE DEFENDANT WHILE HE TESTIFIES VIOLATES THE STATE AND FEDERAL CONSTITUTIONS In People v. Hernandez, (2009) 175 Cal. App. 4th 940, the defendant testified in his Assault with a deadly weapon trial.  He was in custody.  The bailiff took up a position standing directly behind the defendant while the defendant […]

Rules for Sentencing a Criminal Defendant Decisions related to sentencing a criminal defendant that criminal courts must take into account include “the nature of the offense and/or the offender, with particular regard to the degree of danger both present to society.” In re Rodriguez (1975) 14 Cal.3d 639, 654, quoting In re Lynch (1972) 8 […]