Episodes

  • Crime Scene Investigations: Stories From the Streets to the Sheets

    Crime Scene Investigations: Stories From the Streets to the Sheets
    Nov 14 2015
    This week on Your Best Legal Defense, noted Private Investigator, James Allard and I will discuss the myths and realities of investigating crime scenes. What types of information and evidence can actually be gathered and analyzed, and what is pure Hollywood myth.
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    56 mins
  • Encore: 'Crimmigration' When Criminal Law Meets Immigration Laws

    Encore: 'Crimmigration' When Criminal Law Meets Immigration Laws
    Nov 7 2015
    Getting caught up in the American legal system can be a scary and traumatic event in someone’s life. It’s even more so for people who are not American citizens. Whether they are undocumented, or here on student, business, tourist, or other types of visas, getting arrested can have profound implications on a person’s status. A criminal charge can have consequences reaching beyond the current charge. It can effect a person’s future ability to become a citizen or even enter the county legally again. This week we will have Immigration Specialist Heather Poole discuss immigration consequences when someone has a criminal charge. She will explain why no jail time is not always the best thing. How even though certain crimes in California are not considered aggravated felonies, they can be under Federal Immigration law, which makes a person ineligible to remain or return to the United States. So what happens if you have already plea or been convicted of a crime?
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    58 mins
  • You've Been Arrested, Now What?

    You've Been Arrested, Now What?
    Oct 31 2015
    It's something you never expected. You or a loved one has been arrested. Now what? Most people who are arrested each year never thought they would ever be in that situation. We're not talking about harden criminals, but by everyday people who just have made a bad decision. With more and more people coming in contact with the criminal justice system, it's important to know what happens if you are arrested. Whether it's for a DUI after a few drinks at a party, to finding yourself in an altercation not of your making, people find themselves in situations they never thought possible. But what actually happens once the big machine of justice starts up. My guest this week, Justin Shimizu, is a noted criminal defense attorney in Los Angeles. He and I will discuss what happens after someone is arrested and what you need to do to protect your rights. From Bail to Jail we got you covered.
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    59 mins
  • Encore: Are You a Gang Member? The DA Might Think So. - The Abuse of Gang Injunctions and Enhancements

    Encore: Are You a Gang Member? The DA Might Think So. - The Abuse of Gang Injunctions and Enhancements
    Oct 24 2015
    California enacted the Street Terrorism Enforcement and Prevention (STEP) Act - Penal Code 186.22 to help fight the rise of gang crimes in the 1980's. It was a powerful tool for prosecutors, enhancing the sentence of anyone convicted of committing a crime for the benefit of or at the direction of a gang. But today PC 186.22 is being abused and misused by prosecutors to force non-gang members to accept lengthy sentences in plea negotiations or face even longer sentences if convicted of PC 186.22. This week we will speak with noted gang expert, Martin M. Flores about how more and more people are being charged with gang enhancements for circumstances never meant to be covered under PC 186.22. We'll discuss how police officers who are supposed to be trained in gang recognition and identification classify the activities of almost anything a gang member, former gang member, and people never associated with a gang as being for the benefit of a gang in order to use 186.22 as a weapon
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    55 mins
  • Encore: Your 4th Amendment Rights, Don't Lose Them

    Encore: Your 4th Amendment Rights, Don't Lose Them
    Oct 17 2015
    If you’ve been stopped by the police, searched or even worse arrested what are your rights? The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law. Whether a particular type of search is considered reasonable in the eyes of the law, is determined by balancing two important interests. On one side of the scale is the intrusion on an individual's Fourth Amendment rights. On the other are the legitimate government interests, such as public safety. The extent to which an individual is protected by the Fourth Amendment depends on the location of the search or seizure. Guest Host Kacey McBroom will explain the complicated ins and outs of your Fourth Amendment rights so you know what to do if confronted by the police. Your Best Legal Defense is to Know Your Rights.
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    59 mins
  • O.J. Twenty Years Later and the Effects on Domestic Violence Laws

    O.J. Twenty Years Later and the Effects on Domestic Violence Laws
    Oct 10 2015
    This past week marked the 20th Anniversary of the O.J. Simpson murder trial verdict. A verdict that divided the nation. As a result of the past incidents of abuse perpetrated by O.J. upon Nicole Brown, incidents that were not taken seriously by the LAPD at the time, domestic violence laws were strengthened and police departments put in place zero tolerance policies. This week my guest and I will discuss how well meaning Domestic Violence Laws are being abused and misused with a One Size Fits All mentality. My guest was caught up in the criminal system due to an accusation of Domestic Violence. We will discuss how he was treated by the criminal justice system, the assumptions made about him not only because of the crime alleged but also how his ethnicity also counted against him. We will explore how his life and that of his family changed and how he and his family have survived.
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    56 mins
  • Are You a Gang Member? The DA Might Think So. - The Abuse of Gang Injunctions and Enhancements

    Are You a Gang Member? The DA Might Think So. - The Abuse of Gang Injunctions and Enhancements
    Oct 3 2015
    California enacted the Street Terrorism Enforcement and Prevention (STEP) Act - Penal Code 186.22 to help fight the rise of gang crimes in the 1980's. It was a powerful tool for prosecutors, enhancing the sentence of anyone convicted of committing a crime for the benefit of or at the direction of a gang. But today PC 186.22 is being abused and misused by prosecutors to force non-gang members to accept lengthy sentences in plea negotiations or face even longer sentences if convicted of PC 186.22. This week we will speak with noted gang expert, Martin M. Flores about how more and more people are being charged with gang enhancements for circumstances never meant to be covered under PC 186.22. We'll discuss how police officers who are supposed to be trained in gang recognition and identification classify the activities of almost anything a gang member, former gang member, and people never associated with a gang as being for the benefit of a gang in order to use 186.22 as a weapon
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    55 mins
  • 'High Driving' - What You Need to Know

    'High Driving' - What You Need to Know
    Sep 26 2015
    While marijuana laws have become lax in recent years, a Marijuana DUI can still get you in a lot of trouble. The often tragic consequences and harsh legal penalties for driving under the influence of alcohol are well publicized. What many people don’t realize is that it is also illegal and punishable to drive under the influence of marijuana (or a combination of alcohol, marijuana, or other drugs). This is true even if the drugs are legally prescribed by a doctor. Laws defining what it means to be “under the influence” of alcohol are wee defined - .08 or greater. But what about marijuana? What is the threshold amount? Can a threshold amount even be established? What about prescription drugs? My quest this week, DUI and Criminal Defense Attorney, Eran Forster, will discuss these issues and the ever changing rules of driving under the influence or “High Driving.”
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    59 mins