Criminal Law Section
News from the Section
- Let Us Know How We Can Serve You Better -- Criminal Law Section Membership Survey
- Upcoming Criminal Law Section Webinars
- Webinar: Ethical Obligations Related to Victims of Crime from both a Prosecution and Defense Perspective, Thursday, December 12, 2013, 12 noon - 1 p.m.
- Webinar: A Primer on Criminal and Civil Prosecutions of Environmental Laws Tuesday, Tuesday, December 17, 2013, 12 noon - 1 p.m.
- Webinar: Lawyer on the Rocks, Thursday, January 9, 2014, 12 noon - 1 p.m. MCLE credit in Detection and Prevention of Substance Abuse Credit
- Webinar: The Basics of Restitution in Federal Court: When Does My Client Have to Pay and How Much?, Thursday, January 30, 2014, 12 noon - 1 p.m.
- Criminal Law Section Benefits -- 6 Hours of Free MCLE in 2014
- The State Bar Steps Up MCLE Audits
- MCLE Requirements -- Compliance Group 3 (Last Names N-Z) Must Comply by January 30, 2014
- Artices from the Criminal Law E-Bulletin
- September 2013 Updates! Sentencing Manual and Three Strikes Opinions
- 2013 Student Writing Competition: Nominations Now Being Accepted
- Lawyer Beware: Kickbacks From Deposition Firms Expose Law Firms And Lawyers To Possible I.R.S.Tax Penalties
- The Sections Are on Facebook and Twitter
- Get Online Participatory MCLE Credit from the Criminal Law Section
- Save Money with CEB
Let Us Know How We Can Serve You Better -- Criminal Law Section Membership Survey
The Executive Committee of the Criminal Law Section will greatly appreciate your feedback on a short survey about your experience as a Criminal Law Section member. The survey will take only minutes to complete, and will help us greatly in planning how best to serve you in the future. Take the survey HERE.
Upcoming Criminal Law Section Webinars
Webinar: Ethical Obligations Related to Victims of Crime from both a Prosecution and Defense Perspective
Thursday, December 12, 2013, 12 noon - 1 p.m.
This program offers 1 hour participatory MCLE credit in Legal Ethics and one hour legal speciailzation credit in the area of Criminal Law. You must register in advance in order to participate.
This webinar will cover various ethical issues in the criminal law arena from both prosecution and defense perspectives. We will explore the prosecution’s obligations under Marcy’s Law, the ramifications of a Marcy Law violation and Brady obligations prior to preliminary hearing.
Speakers: Amy Chapman and Christopher Honigsberg
Webinar: A Primer on Criminal and Civil Prosecutions of Environmental Laws
Tuesday, December 17, 2013, 12 noon - 1 p.m.
This program offers 1 hour participatory MCLE credit and one hour legal speciailzation credit in the area of Criminal Law.You must register in advance in order to participate.
This webinar will present an overview of California’s environmental laws and regulations from the perspective of public prosecutors. Topics will include the criminal and civil enforcement of laws related to water pollution, hazardous waste, illegal dumping, underground storage tanks, wildlife protection, streamed alteration and other types of environmental violations.
Speakers: Matthew Beltramo and Kevin Wong
Webinar: Lawyer on the Rocks
Thursday, January 9, 2014, 12 noon - 1 p.m.
This program offers 1 hour participatory MCLE credit in the area of Detection and Prevention of Substance Abuse. You must register in advance in order to participate.
We have all heard substance abuse presentations that give you statistics and facts about lawyers who drink. But what about those in the legal system who must deal with the substance impaired attorney who does not voluntarily seek help and is not compelled to get help? What should an attorney do if he reasonably believes that opposing counsel’s handling of litigation or a deal is affected by problems with substance abuse? What is the client’s role in addressing such a situation? What can or should a judge do when faced with a lawyer before her whom she believes is impaired on the day trial is set to start? What is a junior attorney to do when lead trial counsel goes missing on the day of trial and substance abuse is suspected? This program will address these provocative questions and discuss the applicable laws and rules of professional conduct that may apply.
This seminar will also teach you how to detect signs and symptoms of substance abuse in the workplace. One of the most sensitive topics in the workplace is the issue of detecting problems with substance abuse among your employees or co-workers. In this interactive seminar, Dr. Patrick will teach you a simple and effective framework for “reading” your employees, co-workers and even your boss. This seminar will bring alive the methods and techniques discussed in Dr. Patrick’s book, the revised version of the New York times bestseller Reading People (Random House 2008). This educational seminar will also cover applicable laws and statistics regarding substance abuse, solutions for intervention, and effective training of employees in this area. In this seminar you will learn:
- How to “read” other people in and out of the office in order to catch the warning signs of a potential problem, by paying attention to the seven ways people project who they are and how they are likely to think and act.
- What laws or policies are implicated by having an employee with a substance abuse problem?
- How to spot and verify substance abuse both on the job and after hours.
- What substances are most commonly abused and how you can detect the warning signs.
This interactive seminar gets everyone involved, with valuable input solicited from the audience members used to supplement and enhance the information provided. This seminar is an essential tool for everyone in the workplace, regardless of your job description. The valuable techniques you will learn can be applied to detect the signs and symptoms of substance abuse outside of the work place environment as well as within.
Speaker: Wendy L. Patrick, Deputy District Attorney, San Diego County District Attorney’s Office
Webinar: The Basics of Restitution in Federal Court: When Does My Client Have to Pay and How Much?
Thursday, January 30, 2014, 12 noon - 1 p.m.
This program offers 1 hour participatory MCLE credit and 1 hour legal specialization credit in the area of Criminal Law. You must register in advance in order to participate.
This webinar will cover the basics of restitution in federal court: when and how much does your client have to pay to identified victims.
The course will include restitution fraud, drug and child pornography offenses, the Mandatory Victim Restitution Act (Title 18 U.S.C § 3663A), the Victim and Witness Protection Act (Title 18 U.S.C § 3663) and potential defenses to the applicability and amount of restitution requested by the government.
Speakers: Christopher W. Dybwad, Trial Supervisor, Los Angeles Federal Public Defender and Michael V. Schafler, Partner, Caldwell, Leslie & Proctor
Criminal Law Section Benefits -- 6 Hours of Free MCLE in 2014
2014 Fee Statements are going to be mailed out soon! This year, renewal/new membership in the Criminal Law Section will provide you with six free hours of self-study credit through the State Bar, including ethics, substance abuse, and elimination of bias credit. These credits represent an approximate $90 value to our members!
We will be sending an announcement out in 2014 about how to access your free MCLE.
As a member of the Criminal Law Section, you have at your disposal a variety of ways to obtain MCLE credits. In addition to the six free hours of self-study credit, each year the Section offers at least a dozen “webinars” -- hour-long, web-based interactive programs -- designed to keep its members up-to-date on developments in the criminal law. These programs address the full spectrum of criminal law matters, from white collar crimes to sex offender statutes. At a cost of $55/hour, webinars are inexpensive way to stay current on criminal law issues while obtaining valuable participatory MCLE credits in topical areas. Upcoming webinars are listed on this page, and we encourage you to visit our extensive catalog of on-demand MCLE programming.
The State Bar Steps Up MCLE Audits
Did you know that this year the State Bar expects to audit between 7,000 and 8,000 attorneys for MCLE compliance? That figure accounts for fully 10% of all active members, and is up from 1% in 2011. This increase reflects a growing emphasis on compliance with MCLE requirements. The consequences of failing an audit are unpleasant, running from a letter of deficiency to disciplinary charges. What is the easiest and best way to survive an audit? It’s simple: complete your MCLE requirements on time.
MCLE Requirements - Compliance Group 3 (Last Names N-Z) Must Comply by January 30, 2014
Every three years, all non-exempt California attorneys are required to obtain 25 hours of approved credits, including four hours of legal ethics, one hour of prevention of substance abuse credits and one hour of elimination of bias credits. Fully half of these credits (12.5 hours) may be obtained through self-study programs. Check out our on-demand MCLE catalog for ways to fill your requirements customized for your practice. Many programs also offer legal specialization credits in the area of Criminal Law!
Articles from the Criminal Law E-Bulletin
The Criminal Law E-Bulletin is sent each month to members of the Section. The E-Bulletin often includes articles of lasting interest, and we have compiled some of these from 2012 on and posted them in the Members Only Area. Section members can access the articles by clicking on the link and signing in to My State Bar Profile.
- Maryland v King: Will This Holding on DNA Samples Have the “Vast and Scary” Consequences Predicted by Justice Scalia?
by Dana Grimes, from August 2013
- Using Social Media to Investigate Prospective Jurors
by Dana Grimes, from June 2013
- Ethics Refresher
by Timothy E. Warriner, from May 2013
- An Updated Credit Calculation
by Chris Honigsberg, from March 2013
- Tech-Talk - Evernote
by Tim Warriner, from February 2013
- The Consequences of the Supreme Court’s Decisions in Lafler and Frye: Ineffective Assistance of Counsel in Plea Negotiation
by Tim Warriner, from December 2012
- "4th Waiver" Searches
by Dana M. Grimes, from November 2012
- Book Review: John Bobo's THE BEST STORY WINS; And Other Advice for New Prosecutors
Reviewed by Chris Honigsburg, from October 2012
- Can the Spouse or Roommate of a Felon (or Other Prohibited Person) Own a Firearm?
by Dana M. Grimes, Esq., Grimes & Warwick, San Diego, CA, from September 2012
- Calfornia Crime Finder
by Matt Beltramo, from August 2012
- Advising Clients after Padilla v. Kentucky (2010) 130 S. Ct. 1473 -- Some Advice from an Immigration Expert: An interview of immigration law specialist, Mary Waltermire
by Timothy E. Warriner, from July 2012
- App Review: 2012 California Penal Code
Reviewed by Chris Honigsburg, from June 2012
- Book Review: Ross Guberman's Point Made, How to Write Like the Nation's Top Advocates
by Timothy E. Warriner, from May 2012
- Defense Communication with Law Enforcement, Pre-Arrest
by Bob Grimes, San Diego, from April 2012
- Pending Criminal Cases Before the Supreme Court
by Timothy E. Warriner, from March 2012
Sentencing Manual - September 2013 Update
The Section is pleased to present the Sentencing Manual prepared by Gary Mandinach of the California Appellate Project, revised March 2013.
Gary has also prepared Reported Three Strikes Opinions as of March, 2013.
Both documents are posted on the Criminal Law Section's website under Publications.
Lawyer Beware: Kickbacks From Deposition Firms Expose Law Firms And Lawyers To Possible I.R.S.Tax Penalties
By Stephen J. Walwyn, Esq.
Booking a deposition with a licensed court reporter should not expose lawyers or law firms to possible tax problems. However, the way some court reporting firms entice business may entangle lawyers and law firms with the Internal Revenue Service as well as the Franchise Tax Board.
Most lawyers don’t realize that some court reporting providers vigorously market their services to the secretaries, legal assistants, and paralegals who frequently select which court reporting provider to use. Some court reporting providers regrettably go so far as to offer kickbacks to law firm employees in exchange for bookings. These kickbacks – often entirely unknown to lawyers or law firm managing partners -- can be of significant value: cash and gift cards, spa treatments, tickets to major Broadway plays, bottles of expensive champagne, airline tickets and free condominium stays, contests with valuable prizes awarded.
While the court reporting providers style these valuables as "gifts," both practically and as a matter of tax law they are not gifts but payments for services. As confirmed by a recent, thorough analysis by counsel at Hanson Bridgett, the law deems these valuables to be compensation paid to a lawyer’s or law firm’s employee in exchange for services provided; namely, giving the lawyer’s or law firm’s business, often exclusively, to one court reporting provider.
The valuables that raise tax issues are specifically offered as quid pro quos: valuable items offered and delivered in exchange for the scheduling of reporting business. Further, even if the kickback is characterized as a prize, award or as points, the Internal Revenue Code specifically includes amounts received as prizes and awards in gross income unless the prize or award is transferred directly to a charity.
Read the full article HERE.
The Sections and CYLA Are on Facebook and Twitter and LinkedIn
Social media, anyone? The Sections and the California Young Lawyers Association (CYLA) now have pages on Facebook, Twitter and LinkedIn where we can keep you up-to-date on our latest news and events.
We're also looking forward to interacting with a wider community and reaching out to people who are not currently members.
We invite you to "Like" us and follow our "Tweets."
And by the way, the CYLA definition of "young" is any California attorney under the age of 36 or in their first five years of practice.
Like us! Follow us! Connect with us!
Get Online Participatory MCLE Credit from the Criminal Law Section
Get your MCLEs online! View Criminal Law Section programs over the internet for participatory MCLE credit. Choose from 45 Criminal Law programs at both modem and broadband connection speeds. These can be downloaded at www.calbar.org/online-cle.
Recently added to our catalog:
Among the courses offered from the Criminal Law Section are:
- Credibility and Character Evidence
- Eliminating Bias in the Jury Selection Process: Tips & Tactics in Criminal & Civil Trials
- Ethical Considerations for Prosecutors and Criminal Defense Attorneys
- Following Your Conscience Without Losing Your Head
- Hate Crimes After 9/11: Where Do We Stand
- He Said! She Said! Hearsay Rules and Objections
- Jury Selection: Tips and Tactics in Criminal and Civil Trials
- Legislative Update: New Laws for 2002
- Motions in Limine: Win Before You Begin
- Narc, Narc...Who's There?
- The Innocence Project: When the Criminal Justice System Fails
- Using a Language Interpreter
Save Money with CEB
Continuing Education of the Bar, California (CEB) is extending some special discount offers to our section. As a member of the Criminal Law Section, you're eligible for:
- 10% off selected CEB print or online books
- rebate on your section dues that can be applied to the cost of a CEB Gold CLE Passport or a CLE program ticket
A complete list of the products eligible for a discount is available on a CEB web page accessible through our Members Only Area. Information about the section dues rebate program can be found on the CEB Web site.
Criminal Law Section
The State Bar of California
180 Howard Street
San Francisco, CA 94105-1639