Blog Jay Leiderman Law

Category Archives: Defense

Many people often associate the phrase “domestic violence” with physical abuse. Once a person claims to be a victim of domestic violence, we readily conjure up images of that individual being on the receiving end of slaps, punches and other forms of physical abuse. While it’s true that physical violence is directly related to domestic […]

A defendant is rendered ineffective assistance of counsel if he or she rejects a favorable plea bargain due to “misadvice from defense counsel.” People v. Miralrio, 167 Cal.App.4th 448, 461 (2008); see In re Alvernaz, 2 Cal.4th 924 (1992); People v. Goodwillle, 147 Cal.App.4th 695, 734 (2007) (incorrect information from court and prosecutor). This has […]

TWO RECENT HACKTIVIST TRIALS HAVE DANGEROUS IMPLICATIONS FOR A FREE INTERNET In 2012 the cases of Jeremy Hammond and Andrew Aurenheimer were yet to be decided.  Questions abounded about how the law would be applied to these two hacktivist test cases.  The below article by Andrew Blake spoke to the zeitgeist of 2012 with perfection. […]

The United States Supreme Court has held that the Sixth Amendment requires “at a minimum, that criminal defendants have . . . the right to put before a jury evidence that might influence the determination of guilt. [Citations.]” (Pennsylvania v. Ritchie (1987) 480 U.S. 39, 56.)  Exclusion of necessary defense evidence is subject to due […]

Why is it forever necessary for one to defend a career choice?  On the Defense of Criminals is my personal statement, taking a historical and political view of why one would undertake the defense of criminals, and why every lawyer should, at least once in their career, undertake the endeavor. On the Defense of Criminals; An […]