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SUMMIT CRIMINAL DEFENSE BLOG

FOSTA – A Quagmire of Denial of Freedom of Speech

Rabin Nabizadeh
March 27, 2018

In an almost unanimous passage, the Senate Bill titled, “Fight Online Sex Trafficking Act,” has provided law enforcement with power which will undermine the rights of individuals to speak out. While it may sound very politically and socially correct, Craigslist has already removed its Personal Ad section, and so have other social media sights. In […]

Flaws in Forensic Evidence

Rabin Nabizadeh
March 26, 2018

The office of the Santa Clara District Attorney’s “Conviction Integrity Unit” is going through the arduous effort of scanning previously sentenced individuals for details where microscopic hairs have been utilized in a guilty verdict. These tiny pieces have been used to convict persons from everything including rapes, child molestations, kidnappings, and murders. What has prompted […]

Five Surprising Ways You Can Get Charged With a DUI

Rabin Nabizadeh
March 19, 2018

When most people hear the term “driving under the influence,” they assume that the driver was illegally operating a motor vehicle while intoxicated by alcohol. In fact, DUI laws apply to more than just motor vehicles and alcohol; criminal charges can be brought against individuals who operate a variety of vehicles under the influence of […]

What is Drinking Culture?

Rabin Nabizadeh
March 16, 2018

In many ways, drinking alcohol in college has become a rite of passage: from TV, movies, and music, college drinking is portrayed as being as inseparable from undergraduate academia as grades and all-night study sessions. To put into perspective the pervasive use of alcohol in college, a recent national survey found that within the past […]

Catch a Fire – Arson and Resistance to Gentrification in Oakland (CA Penal Code 451 & 452)

Rabin Nabizadeh
July 7, 2017

On July 7, 2017, a fire tore through the Alta-Waverly building, a seven-story, mixed-use building under construction in downtown Oakland. The heat from the fire was so intense, it was picked up on local weather radar and there was significant concern that an industrial crane, which was being used during the construction, might collapse onto […]

Santa Clara County’s Collateral Consequences Policy and Avoiding Dual Prosecution (CA Penal Code 242)

Rabin Nabizadeh
June 14, 2017

Last month’s issue of The National Review featured an article by Pete Hutchison, lambasting Santa Clara County District Attorney Jeffrey Rosen’s “Collateral Consequences” memo and practice[1]. Hutchison seems to attribute all of the woes of most victims to Rosen’s directive to his office to consider the collateral immigration consequences for cases prosecuted by his office […]

San Mateo Embezzlement – Privatizing Criminal Prosecution to Circumvent the Constitution (CA Penal Code 503)

Rabin Nabizadeh
June 13, 2017

First District Court of Appeals Judge Martin J. Jenkins. In a decision that rocks the foundation of the U.S Constitution and will likely have far reaching consequences, the First District Court of Appeals ruled that a private law firm’s investigation and cooperation with the District Attorney does not make the materials used in that investigation […]

Criminal Prosecution as Smoke Screen (CA Penal Code 192(b))

Rabin Nabizadeh
June 7, 2017

Criminal Prosecution as Smoke Screen On December 2, 2016, a fire broke out in a converted warehouse in Oakland during a music and art show hosted by the managers of an art collective based inside the building. Of the more than 50 people attending the event, 36 were unable to escape the flames and perished […]

Voisine v. U.S.: Closing the Loophole (18 U.S.C. § 922(g)(9))

Rabin Nabizadeh
May 26, 2017

Voisine v. U.S.: Closing the Loophole The United States Supreme court, in its decision in Voisine et al. v. United States, clarifies and narrows the application of a section of federal law that was codified more than twenty years ago. In its decision, the Court unequivocally states that the primary aim of the majority decision […]

ICE Arrests at Courthouses

Rabin Nabizadeh
May 11, 2017

ICE has been making immigration arrests in the hallways of state courthouses recently.  ICE had previously discontinued this tactic after getting bad press about arresting women applying for restraining orders, people paying traffic tickets, and even immigrants trying to get married in Kern County. The practice has resumed, at least in Los Angeles and other parts of the country. […]