Law Offices of Mark Stephen Smith, lawyers in Long Beach, CA, California

CONFESSIONS - SIXTH AMENDMENT RIGHT TO COUNSEL

In addition to the right to counsel during interrogation under the self-incrimination privilege of the Fifth Amendment of the United States Constitution, a person has a right to the assistance of counsel under the Sixth Amendment of the United States Constitution when the person is being interrogated after he or she is formally charged with an offense. More...

Scientific Evidence

Scientific evidence constitutes evidence that has been developed through some sort of scientific method. Usually scientific evidence is information that has been published in periodicals and tested by scientists or professionals. This scientific information is considered to be valid within the scientific community. More...

CHALLENGING A JURY ARRAY

A jury array is a list of jurors who are summoned to appear for jury duty. Jurors for a particular trial are selected from the jury array. A defendant is entitled to challenge the jury array. The defendant usually discovers flaws in the jury selection process during voir dire or questioning of the jurors. Grounds for challenging the jury array include corrupt summoning of the jurors, violation of the jury law, discriminatory selection of the jurors, or discrimination regarding exemptions for the jurors.More...

Types of Insurance Fraud

There are numerous types of insurance fraud. Insurance fraud encompasses fraudulent claims made by the defendant with the specific intent to defraud the insurer. Some of the types of fraud claims include: Property fraud claims, automobile fraud claims, life insurance fraud claims, healthcare fraud claims. More...

Criminal Forfeitures and Attorney Fees

Although a defendant has a right to an attorney and although the attorney has a right to be compensated for her services, the defendant does not necessarily have the right to transfer an asset to that attorney in lieu of payment when the asset may be subject to criminal forfeiture. Generally, the defendant may transfer an asset for compensation to her attorney if:More...