Recent Posts in Criminal Defense

• Posted By Taub & Taub, P.C. 11-Mar-2016

  Victory in Domestic Violence Restraining Order Case

  Attorney Richard F. Taub recently won a domestic violence restraining order case in Inglewood Superior Court. The case originally involved two petitioners, but later split into two cases. The case involved a former boyfriend and his new girlfriend ...

  Continue Reading
• Posted By Taub & Taub 25-Jun-2013

  Immigration Removal for Marijuana Possession and the Moncrieffe Case

  Generally, how does a criminal act translate into the removal or deportation of a non-citizen? Our immigration laws generally group removable offenses into crimes of moral turpitude (dishonesty) and aggravated felonies. This blog concerns aggravated ...

  Continue Reading
• Posted By Richard F. Taub, Esq. 1-May-2013

  Dismissal and Sealing of Convictions

  Under what circumstances can someone obtain a dismissal of charges after a conviction? When can you seal your conviction? California law provides for a unique disposition of cases after conviction under certain circumstances. Specifically, Penal Code ...

  Continue Reading
• Posted By Taub & Taub 19-Apr-2013

  Can Police Come to Your Porch to Conduct a Search?

  Police cannot come to your porch and conduct a search. In recent years, the U.S. Supreme Court moved away from the issue of property rights to determine whether police could conduct a search without violating the Fourth Amendment. In other words, a ...

  Continue Reading
• Posted By Taub & Taub, P.C. 3-Apr-2013

  Taub & Taub, P.C. Accepting Federal Criminal Cases!

  At Taub & Taub, P.C., our firm was formed by Richard Taub in 1996. Since the firm's inception we have effectively handled over 100 jury and bench trials in various areas of criminal defense. Our husband and wife attorney team Richard F. Taub ...

  Continue Reading
• Posted By Richard F. Taub, Esq. 25-Mar-2013

  Does a Victim of Domestic Violence Have to Testify against the Defendant?

  In California, the answer is a resounding "no". A vicitm of domestic violence (and victims of sexual assualt) are immune from imprisonment or confinement for refusing to testify regarding acts of domestic violence persuant to Cal. Code of ...

  Continue Reading
• Posted By Richard F. Taub 19-Mar-2013

  What Do you Do if Caught Shoplifting in California?

  This article sets forth some practical information about detentions and arrests for theft by shoplifting or video recording in a movie theater. California Penal Code section 490.5 provides merchants and librarians (collectively "merchants" ...

  Continue Reading
• Posted By Richard F. Taub, Esq. 14-Mar-2013

  Ordering and Correcting Your Criminal History

  In California, the Department of Justice ("DOJ") handles criminal history information. You may order your criminal history from the Office of the Attorney General. An application may be obtained from local police and sheriff departments as ...

  Continue Reading
• Posted By Richard F. Taub 13-Mar-2013

  How to Defend a Criminal Case* - Part III

  By this time in our series, the charges have been reviewed, broken into their elements and all of the facts have been gathered, poured over and sifted. It is now time to make that all important decision of whether to seek dismissal, suppression of ...

  Continue Reading
• Posted By Taub & Taub 10-Mar-2013

  How to Defend a Criminal Case* - Part II

  In this Part II of How to Defend a Criminal Case, we will explore more of the investigative stage of preparing a criminal case for negotiation, motions and, possibly, trial. After determining the elements of the offenses charged, it is imperative to ...

  Continue Reading
• Posted By Richard F. Taub 7-Mar-2013

  How to Defend a Criminal Case* - Part I

  A fundamental question that frequently arises is how should one approach the defense of a criminal case? This article is an overview of the steps necessary to defend a criminal case. First, and I cannot possibly overemphasize the importance of this ...

  Continue Reading
• Posted By Taub & Taub 5-Mar-2013

  Can an Undercover Agent or Informant Record Conversations in your House?

  A government agent may use an audio/video device to record observations and conversations once consensually allowed into your home. At least, that is what the United States Court of Appeals for the Ninth Circuit decided in the case of U.S. v. ...

  Continue Reading
• Posted By Taub & Taub 28-Feb-2013

  Does the Sixth Amendment Require Criminal Defense Counsel to Advise of Deportation Resulting from a Plea?

  In Padilla v. Kentucky, 130 S.Ct. 1473 (2010), the United States Supreme Court answered this question in the affirmative. The accused's Sixth Amendment Right is violated when defense counsel fails to advise of the deportation consequences of a ...

  Continue Reading
• Posted By Richard F. Taub 26-Feb-2013

  Is it Constitutional to Take DNA Samples from Arrestees?

  The U.S. Supreme Court is to decide this very issue this term (in fact, oral argument is today). Maryland along with many states, including California (i.e. Pen C 296(a)), have enacted laws to permit poilce to take a DNA swab of the mouth area of ...

  Continue Reading
• Posted By Richard F. Taub 22-Feb-2013

  Should Double Jeopardy Bar Re-trial?

  If a court errs in granting a dismissal mid-trial, should a defendant be subject to re-trial? This is the subject of a most recent case decided by the U.S. Supreme Court. In Evans v. Michigan, the defense attorney argued for a judgment of acquittal, ...

  Continue Reading
• Posted By Richard F. Taub 20-Feb-2013

  K-9s Alerting to Search Only Need Training

  Yesterday, February 19, 2013, the U.S. Supreme Court issued its decision that K-9 alerts for searches need only have detection training. In the Florida vs. Harris decision, the high Court overturned the decision of the Florida Supreme Court that ...

  Continue Reading
• Posted By Taub & Taub 19-Feb-2013

  US Sentencing Guidelines Again Violate Constitution

  Previously, the U.S. Supreme Court struck down the United States Sentencing Guidelines ("USSG" or "Guidelines")because Courts need to consider wider ranges of factors for sentencing a defendant than those contained within the ...

  Continue Reading
• Posted By Taub & Taub 10-Jan-2013

  Criminal Affirmative Defenses

  On January 9, 2013, the United States Supreme Court issued a decision that has profound signifcance to all defendants with defenses to the crime charged. In this case, it was a defendant charged with conspiracy and asserting the defense of ...

  Continue Reading
• Posted By Taub & Taub, P.C. 13-Dec-2012

  Sherman Oaks Criminal Defense Blog

  At Taub & Taub, P.C. we look to keep our clients informed on the status of their case and educated on the laws regarding the crime they are accused of. We are proud to announce the launching our online blog that will enable us to offer ...

  Continue Reading