Showing posts with label trial. Show all posts
Showing posts with label trial. Show all posts

Thursday, August 13, 2020

Jay Leiderman is a Certified Criminal Law Specialist

To contact Jay Leiderman please click: http://jayleiderman.com/htm/contact.php

or call 805-654-0200
Jay Leiderman is a criminal defense lawyer based in Ventura, California. Jay was certified as a criminal law specialist by the California State Bar Board of Legal Specialization. The Atlantic Magazine called Leiderman the “Hacktivist’s Advocate” for his work defending hacker-activists accused of computer crimes, or so-called (“Hacktivism”) especially people associated with the hacktivist collective Anonymous.
Other noteworthy cases Leiderman defended include People v. Diaz, which went to the California Supreme Court and made law on the ability of police to search a cell phone, Louis Gonzalez, who was falsely accused of rape, attempted murder and torture by the mother of his child and was jailed for 83 days before he was released and ultimately found factually innocent, the Andrew Luster or so-called “Max Factor” heir habeas corpus proceeding, wherein his sentence was reduced by 74 years the first-ever trial of medical marijuana defendants in San Luis Obispo County, California County, and Ventura County, California’s first ever concentrated Mexican Mafia prosecution – the largest case in the history of Ventura County.
Leiderman co-authored a book on the legal defense of California medical marijuana crimes, which was published by NORML, the National Organization For the Reform of Marijuana Laws. He is also a founding member of the Whistleblower’s Defense League, “formed to combat what they describe as the FBI and Justice Department’s use of harassment and over-prosecution to chill and silence those who engage in journalism, Internet activism or dissent.” Leiderman frequently comments in diverse areas of the media about criminal and social justice issues. He also lectures around the state and nation on various criminal defense topics.
For more please visit: http://www.JayLeiderman.com
To contact Jay Leiderman please click: http://jayleiderman.com/htm/contact.php
or call 805-654-0200



Here are some profiles of Jay Leiderman and quotes from news stories:
“It is fashionable always to cast aspersion upon those that defend persons accused of committing crimes. The viler the accused crime, the more vigorous defense the accused needs, yet, at the same time, the more vitriol the defense attorney will face. I cannot speak for my brethren in the legal community, I can only state that what follows is my own brand of patriotism; I defend those charged with crimes because it is both my duty as a lawyer and as an American. Each piece of resistance to the encroachment of overreaching governmental power is, in and of itself, a victory for freedom.”
From: On the Defense of Criminals, an essay by Jay Leiderman http://jayleiderman.blogspot.com/2013/01/on-defense-of-criminals-essay-by-jay.html

The link below is a profile of Jay Leiderman done by the Atlantic Weekly Magazine with a quote from the piece: “We have an opportunity here to make the courts, as these cases wind their way up, understand privacy issues, emerging tech issues, against the backdrop of civil rights and through the prism of free information.”

This is a profile of Jay Leiderman done by the Ventura County Star: Ventura attorney represents high-profile hackers in a red-hot area of the law

‘Find the best defense attorney you can
‘Hackers being prosecuted under the CFAA don’t just need digital experts; they need good defense against a law vague enough to encompass most anything http://www.cjr.org/cloud_control/lawyers_hacker_call_part_2.php?page=all

“Investigators like to wave around the word ‘gang.’ They use it to strike fear in the heart of the community. It tends to also involve a lot of puffery and allegations that maybe perhaps aren’t 100 percent solid,” Leiderman said.
From: Police say Mexican Mafia prison gang led crime ring in Ventura County http://www.vcstar.com/news/2012/nov/27/one-man-led-large-prison-crime-ring-in-ventura/?print=1

Leiderman thought it was not enough that the government dropped charges. He wanted the criminal justice system to recognize Gonzalez’s innocence affirmatively. There is such a thing as a declaration of factual innocence, he explained to Gonzalez. A judge can grant it. It is exceedingly rare – so rare that many cops and lawyers go a career without seeing one. It means not just that prosecutors couldn’t make a case against you, but that you didn’t do the crime. The case remained on the docket of Ventura County Superior Court Judge Patricia Murphy, who had earlier ordered Gonzalez held without bail. Leiderman petitioned the judge, trying not to get his client’s hopes up. He laid out the case, pointing out the holes in West’s story and the numerous alibi witnesses. Prosecutors did not want Gonzalez declared innocent. They knew a jury wouldn’t convict him but said they couldn’t be positive of his innocence. James Ellison, Ventura County’s chief assistant district attorney, later explained their reasoning: The attack West described was “improbable, but it wasn’t physically impossible.” In January 2009, nearly a year after Gonzalez’s arrest, Leiderman called him excitedly: The judge had sided with them. Gonzalez was soon holding a certified copy of the judge’s order declaring him factually innocent.
From: The Los Angeles Times feature: Could this be happening? A man’s nightmare made real

“The warrant did not give the power to rummage through the journalist’s files,” Leiderman said, adding “there is no indication of why all this information needed to be seized”.
From: Federal agents accused of unwarranted search through journalist’s computer http://www.theguardian.com/world/2014/jan/29/matthew-keys-investigation-hacker-computer-search

“The days of ‘Let’s haul this kid in front of the judge, scare him and send him home with a warning’ are long since gone,” says attorney Jay Leiderman. “Prosecutorial discretion is a great thing if it’s exercised, but it doesn’t happen in any meaningful way these days, because prosecutions are so politicized.”
From: Is former Sacramento media employee Matthew Keys a victim of overzealous, misguided cybercrime prosecution?

“Our best and brightest should be encouraged to find new methods of expression; direct action in protest must not stifled. The dawning of the digital age should be seen as an opportunity to expand our knowledge, and to collectively enhance our communication. Government should have the greatest interest in promoting speech – especially unpopular speech. The government should never be used to suppress new and creative – not to mention, effective – methods of speech and expression.”

“He is a good person. He did a bad thing,” Leiderman told the judge.
From: Santa Paula man gets probation for drunken-driving crash that killed fellow officer

“I’m not saying we’re in a police state,” Leiderman says when talking about the restrictions, “but it sure looks like it when you evaluate the system of pretrial release.”
From: Anon on the run: How Commander X jumped bail and fled to Canada

“Based upon this case, the government’s new position is that you are required to be clairvoyant in terms of determining what a protected computer is and what a non protected one is,” he tells me. “From now on you have to be a psychic…because if it isn’t password protected but it’s a ‘protected computer’ you’re potentially going to be found guilty.”
From: We Are Weev

Information is the new currency
Information is the new aphrodisiac
Information is the new high.
He who controls the information controls your world.
And your government knows it.
From: A speech at a benefit for arrested activists

“Hack has become a sort of all-encompassing term, when in fact some of this was social engineering, some of this was good old-fashioned regular ‘there’s a hole, I’m going to walk through it’,” said Leiderman. “If you left your front door open people wouldn’t really call it a break-in. To some extent Stratfor were unsecure to the point where it was like their front door was open and Mr Hammond allegedly, with some others, walked right in, and people are calling it a hack. “As far as I’m aware, nothing was really hacked in the classic sense,” he added.
From: Analysis: a case of government versus hacktivism

Thursday, August 28, 2014

‘Find the best defense attorney you can’ Hackers being prosecuted under the CFAA don’t just need digital experts; they need good defense against a law vague enough to encompass most anything

Most criminal defendants, whether fighting a DUI or fighting Computer Fraud and Abuse Act charges, have a small legal team, often just one overtaxed defense attorney. Matthew Keys, the social media editor who’s accused of helping Anonymous vandalize the Los Angeles Times’ website, has not just Tor Ekeland on his team, but also Jay Leiderman, another lawyer developing something of a reputation as a specialist in hackers charged by the government with violating the CFAA.



- See more at: http://www.cjr.org/cloud_control/lawyers_hacker_call_part_2.php?nomobile=1#sthash.VUl5TdmK.dpuf

Ventura's Best Lawyer
Jay Leiderman 
Please visit my homepage 
5740 Ralston St 300
Ventura, California 93003


Monday, August 25, 2014

Jay Leiderman: articles on vexatious or nuisance litigants in both New York and Arizona

Over on my WordPress blog, I've written two articles, they are similar.  Both articles deal with "vexatious litigants." Wikipedia has a fairly good definition of what a vexatious litigant is:




Vexatious litigation is legal action which is brought, regardless of its merits, solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a meritorious cause of action. Filing vexatious litigation is considered an abuse of the judicial process and may result in sanctions against the offender.

A single action, even a frivolous one, is usually not enough to raise a litigant to the level of being declared vexatious. Repeated and severe instances by a single lawyer or firm can result in eventual disbarment.

Some jurisdictions have a list of vexatious litigants: people who have repeatedly abused the legal system. Because lawyers could be disbarred for participating in the abuse, vexatious litigants are often unable to retain legal counsel, and such litigants therefore represent themselves in court. Those on the list are usually either forbidden from any further legal action or are required to obtain prior permission from a senior judge before taking any legal action. The process by which a person is added to the list varies among jurisdictions. In liberal democratic jurisdictions, declaring someone a vexatious litigant is considered to be a serious measure and rarely occurs, as judges and officials are reluctant to curtail a person's access to the courts.



New York:
http://venturasbestlawyer.wordpress.com/2014/08/25/new-york-law-and-vexatious-or-nuisance-litigants/

Arizona:
http://venturasbestlawyer.wordpress.com/2014/08/25/arizona-law-and-vexatious-or-nuisance-litigants/


5740 Ralston St 300
Ventura, California 93003
805-654-0200
jayleiderman_14x140-1.jpg

Sunday, August 24, 2014

IMMIGRATION LAW Federal government sued over alleged due process violations at Artesia immigrant detention center

Aug 22, 2014, 03:56 pm CDT


Immigrant rights organizations sued the federal government Friday, alleging that the federal government is violating due process rights in its haste to deport immigrant families with small children.

Read more: 
http://www.abajournal.com/mobile/comments/federal_government_sued_over_alleged_due_process_violations_at_artesia


Please visit the Jay Leiderman Law Homepage
5740 Ralston St 300
Ventura, California 93003
805-654-0200

Thursday, August 21, 2014

Losing litigant who threw chair at defendant cop after verdict gets 5 years

COURT SECURITY

Losing litigant who threw chair at defendant cop after verdict gets 5 years

Posted Aug 21, 2014 5:20 PM CDT
By Martha Neil


A Chicago man who has a history of issues with a suburban police officer had hoped for a jury award in his favor after filing a federal civil rights suit.
But when the jury ruled in the defendant's favor last yea,r Lavelle Watts Jr. lost it. He threw a courtroom chair at Joliet police officer Joshua Sawyer, shouting “I told you I was gonna get you, you racist pig!”and scuffled with the cop and leaped onto a bench before he was restrained by deputy U.S. marshals, the Chicago Sun-Times reported at the time, relying on information from prosecutors.
A federal criminal charge resulted, and on Thursday, in the same federal courthouse, Watts was sentenced to five years for assault with a deadly weapon—the chair—the Associated Press reports.
Read more: 

Please visit the Jay Leiderman Law Homepage
5740 Ralston St 300
Ventura, California 93003

805-654-0200

Driver takes misdemeanor plea after striking and killing judge on bicycle; should law be upgraded?

A distracted driver who veered onto the shoulder of a Utah roadway last year, striking and killing a bicycling district court judge, quietly took a misdemeanor reckless driving plea in May and is well into a six-month probation sentence.
Because there was no sign that David E. Bertelson, now 79, had been drinking or abusing drugs, the law did not provide for a more severe charge, Salt Lake County District Attorney Sim Gill told the Salt Lake Tribune.
Read more:  http://www.abajournal.com/news/article/driver_takes_misdemeanor_plea_after_striking_and_killing_judge_on_bicycle/


Please visit the Jay Leiderman Law Homepage
5740 Ralston St 300
Ventura, California 93003

805-654-0200

Online petition urges Michael Brown law requiring cops to wear cameras; what about privacy concerns?

In less than a week’s time, more than 100,000 people have signed an online petition calling for a “Mike Brown law” that would require state and local police to wear cameras.
The potential law is named for Michael Brown, the unarmed man fatally shot by a police officer in Ferguson, Missouri, on Aug. 9, the Wire reports. Because the White House website petition has more than 100,000 signatures, the administration is required to respond.
Investors are apparently taking the idea seriously. Taser makes wearable cameras for police officers, and its stock has jumped by as much as 30 percent since the shooting, reports the Washington Post blog theSwitch. Another company that makes wearable cameras, VieVu, has seen police requests for free trials increase by 70 percent in just a few days. The city of Ferguson is a potential customer; it said in a statement it is considering the idea.
Read more:  http://www.abajournal.com/news/article/online_petition_urges_michael_brown_law_requiring_cops_to_wear_cameras_are_/



Please visit the Jay Leiderman Law Homepage
5740 Ralston St 300
Ventura, California 93003

805-654-0200

Wednesday, August 20, 2014

Will the consequences of an arrest and conviction last a lifetime and impact your ability to get a job?

Wall Street Journal  


As Arrest Records Rise, Americans Find Consequences Can Last a Lifetime: Even if Charges Were Dropped, a Lingering Arrest Record Can Ruin Chances of a Job ("America has a rap sheet. Over the past 20 years, authorities have made more than a quarter of a billion arrests, the Federal Bureau of Investigation estimates. As a result, the FBI currently has 77.7 million individuals on file in its master criminal database-or nearly one out of every three American adults...The 'growing obsession with background checking and commercial exploitation of arrest and conviction records makes it all but impossible for someone with a criminal record to leave the past behind,' concludes a recent report from the National Association of Criminal Defense Lawyers.") (Read NACDL's report -- Collateral Damage: America's Failure to Forgive or Forget in the War on Crime - A Roadmap to Restore Rights and Status After Arrest and Conviction at http://nacdl.us/1iIeT0S.)



Please visit the Jay Leiderman Law Homepage
5740 Ralston St 300
Ventura, California 93003

805-654-0200

Tuesday, August 19, 2014

MMA fighter War Machine due in Ventura County court


LAS VEGAS (AP) — A mixed martial arts fighter accused of brutally beating his porn star girlfriend in Las Vegas and then fleeing to California is due to face a judge for the first time following his arrest last week in a Los Angeles suburb.
Jonathan Paul Koppenhaver, who fought under the name War Machine, is scheduled Tuesday afternoon in Ventura County Superior Court following his arrest Friday at a hotel in Simi Valley.
Read more: http://www.vcstar.com/news/mma-fighter-war-machine-due-in-california-court

Please visit the Jay Leiderman Law HomepageJayLeiderman.com5740 Ralston St 300Ventura, California 93003805-654-0200

NLG Press Release Offering Legal Help To Protesters in Ferguson Missouri

To support the NLG's efforts in Missouri, please visit nlg.org/ferguson.
Many thanks!
-----

FOR IMMEDIATE RELEASE

Contact: Tasha Moro, Communications Coordinator 212-679-5100, ext. 15 communications@nlg.org

*National Lawyers Guild Strongly Objects to Oppressive and Discriminatory Law Enforcement Tactics in Ferguson, Mo. * *NLG Members Offering Legal Support to Ferguson Protesters*

NEW YORK -- The National Lawyers Guild (NLG) is on the ground providing legal support to Ferguson, Missouri residents protesting in the wake of last week’s fatal shooting of black teenager Michael Brown by white police officer Darren Wilson. Since then, community protests and neighborhood demonstrations have been violently confronted by the Ferguson Police Department, armed with military-grade weaponry. Yesterday morning, Governor Jay Nixon deployed the Missouri National Guard to supplement St. Louis County police, while the state of emergency he announced on Saturday remains in effect. In light of the police brutality aimed at protesters thus far, the NLG is deeply concerned about the use of the National Guard for civilian police duties, normally reserved for natural disasters or insurrection.

In response to needs of local demonstrators and organizers, the NLG is mobilizing a range of legal support such as criminal defense, jail support, injunctive relief, and Legal Observers – NLG-trained volunteers who protect the rights of protesters by monitoring and documenting police activity at demonstrations. The NLG’s presence in Ferguson includes legal workers and lawyers from the St. Louis area, as well as others from Chicago, Detroit, and New York in collaboration with local St. Louis and Ferguson organizers.

Interim NLG Executive Director Dan Gregor, currently in Ferguson helping with legal support, said, “Nobody should have assault weapons leveled at their chests by police or tear gas rounds fired at them for exercising free speech and petitioning government for a redress of serious grievances. This is a community expressing legitimate anger at not just the murder of one unarmed black teen a week ago, but also the countless young men of color brutalized every day across the country by the police, and now, the military.”

The Guild recognizes that the ongoing events in Ferguson reflect a dynamic and complex struggle around issues including race, class, state repression, and free speech. The NLG urges Gov. Nixon and law enforcement to respect the protesters’ right to free speech and assembly, while treating them with the dignity they deserve.


*The National Lawyers Guild was formed in 1937 as the nation’s first racially integrated bar association to advocate for the protection of constitutional, human and civil rights.*



Please visit the Jay Leiderman Law Homepage
5740 Ralston St 300
Ventura, California 93003

805-654-0200

Monday, August 18, 2014

Are there problems with the AZ death penalty?


Arizona Loose With Its Rules in Executions, Records Show
 ("That improvisation is not unusual for Arizona, where corrections officials and medical staff members routinely deviate from the state's written rules for conducting executions, state records and court filings show. Sometimes they improvise even while a convict is strapped to a table in the execution chamber and waiting for the drugs coursing through his veins to take effect.")



Please visit the Jay Leiderman Law Homepage
5740 Ralston St 300
Ventura, California 93003

805-654-0200

www.jayleiderman.com



Please visit the Jay Leiderman Law Homepage
5740 Ralston St 300
Ventura, California 93003

805-654-0200

Sunday, August 17, 2014

WHERE'S THE JUSTICE AT THE DEPARTMENT OF JUSTICE?


Op-Ed Columnist: Where's the Justice at Justice? ("The Justice Department is trying to scuttle the reporters' privilege - ignoring the chilling effect that is having on truth emerging in a jittery post-9/11 world prone to egregious government excesses.Attorney General Eric Holder wants to force Risen to testify and reveal the identity of his confidential source on a story he had in his 2006 book concerning a bungled C.I.A. operation during the Clinton administration in which agents might have inadvertently helped Iran develop its nuclear weapon program.")


Please visit the Jay Leiderman Law Homepage
5740 Ralston St 300
Ventura, California 93003

805-654-0200

Friday, August 15, 2014

New Case About the DA's Duty to Turn Over Police Misconduct Material


DUTY OF PROSECUTOR TO REVIEW POLICE PERSONNEL FILES FOR BRADY MATERIAL
What duty does the DA have to review police officer personnel files for Brady (373 US 83) material? The C/A says that the DA must conduct such a review. If the DA finds Brady material, the DA must make a Pitchess motion in order to obtain a court order disclosing that material to the defense.
People v. Superior Court (Johnson); A140767; A140768; 8/11/14; C/A 1st, Div. 5