Blog Jay Leiderman Law

Category Archives: Criminal Defense

Ventura attorney represents high-profile hackers in a red-hot area of the law Read more on Jay Leiderman: http://www.vcstar.com/news/2013/mar/23/ventura-attorney-represents-high-profile-hackers/?partner=RSS#ixzz2PXSIC5oa – vcstar.com  By Tony Biasotti Posted March 23, 2013  PHOTOS OF JAY LEIDERMAN BY TROY HARVEY, VENTURA COUNTY STAR Jay Leiderman, a criminal defense attorney, checks his iPad for an update on a case in his Ventura office. […]

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 epidemic of heroin use and deaths associated with heroin use needs to be addressed by non-criminal methods. Washingtom Post Editorial:  Heroin use is a public health emergency that calls for legislative solutions This article makes some good points, and I’ll share them. Agreed: “….we are skeptical that some measures to further criminalize already illegal […]

I’ve defended a lot of cases where police found drugs in a home and parents get charged with 273a(a) — felony child abuse.  Some involve cocaine.  The only times I’ve ever seen a positive test in a child is when they get into pot brownies or marijuana-infused candy. Though police “experts” testify this is dangerous […]

For a discussion explaining the Fourth Amendment / Fifth Amendment difference as it relates to a claim that Miranda was required because the suspect was in custody, see an excerpt below from People v. Pilster (2006) 138 Cal.App.4th 1395, at 1405-1406. When moving to suppress evidence prior to trial, it is often confusing whether to […]