Philip S. Barnett, lawyers in San Mateo, CA, California

BILLS OF EXCEPTION

A defendant is entitled to waive his or her right to appeal his or her conviction by a trial court. However, the waiver must be knowingly and intelligently made by the defendant. The waiver may only be made after the defendant's right to appeal has accrued. More...

Criminal Violations of the Occupational Safety and Health Act

An individual who violates the Occupational Safety and Health Act (OSHA)may be charged in either a criminal or civil forum. OSHA was enacted to protect workers from unsafe conditions in the workplace. More...

JURY INSTRUCTIONS ON DEFENSE THEORIES

If requested by a defendant, a trial court is required to instruct a jury on any defense theories that are raised by the evidence. The defendant may raise those theories by his or her testimony alone. Also, the defendant is entitled to jury instructions on his or her affirmative defenses. The defendant's affirmative defenses do not need to be strong or to be uncontradicted in order for the defendant to be entitled to jury instructions on his or her affirmative defenses. The trial court is required to instruct the jury on the defendant's affirmative defenses, even if the trial court does not find that the affirmative defenses are credible or believable.More...

Bankruptcy Fraud

Fraud is prevalent in bankruptcy proceedings. A debtor, creditor, or fiduciary may be charged with bankruptcy fraud. For example, individuals may attempt to transfer assets to others prior to filing for bankruptcy protections. There are numerous acts listed under federal statutes that constitute bankruptcy fraud. A common thread that runs through all of the acts is that the defendant act in a knowing fashion. A knowing fashion means that the defendant act in a voluntary and intentional manner. The prosecution may show that the defendant acted in a fraudulent manner by way of direct or circumstantial evidence. More...

INJURY TO A CHILD, AN ELDERLY PERSON, OR A DISABLED INDIVIDUAL

A person commits the offense of injury to a child, an elderly person, or a disabled individual when the person intentionally, knowingly, or recklessly causes serious bodily injury or impairment to the child, the elderly person, or the disabled individual. More...