Blog Jay Leiderman Law

Category Archives: court

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 […]

Sentenced to community service for flatulence … but what is the crime? THE FLATULENCE WAS TOO GREAT TO WITHSTAND: WOMAN BANNED FOR LIFE ON BRADFORD BUSES A flatulent woman has received a lifetime ban from a Bradford bus company after repeatedly breaking wind in their vehicles. On one occasion a driver was physically sick. Some […]

Avoid the pitfalls of hiring the wrong attorney; learn how to hire a great criminal defense lawyer Encountering the criminal justice system can be one of the most challenging and stressful periods of your life.  Selecting the right criminal defense lawyer for yourself or a friend or family member can be one of the most […]

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 […]

PURSUANT TO THE LAW SURROUNDING SECTION 11(c)(1)(c) THE COURT AND GOVERNMENT INDEPENDENTLY OR JOINTLY  HAVE THE POWER TO ACCEPT THE PLEA BUT  NONETHELESS REDUCE THE PENALTY IMPOSED Normally, the basis of sentencing is the judge’s consideration of the Guidelines applicable to the offense, along with their examination of the §3553 factors. Peugh v. United States, 133 S.Ct. […]