05 Aug Understanding mens rea in California criminal cases

Posted at 11:23h in Criminal Defense by TLM

In California criminal cases, one of the elements the prosecution is generally required to prove beyond a reasonable doubt is the defendant's mens rea. This is a Latin term for "guilty mind." While a careless action may have resulted in harm to a person, carelessness...

09 Mar You’re under arrest! Or are you?

Posted at 14:22h in Criminal Defense, Uncategorized by TLM

In the movies and on television, the "bad guy" isn't necessarily under arrest until the cop slaps on the handcuffs. That makes for great cinema, but are handcuffs the hallmark of an arrest in real life? Not necessarily. Anytime a police officer has control over your...