Articles

  1. Bob Grimes Honored with Daniel T. Broderick III Award

      In September 2018, Bob Grimes will be honored as this year’s recipient of the Daniel T. Broderick III Award at the 2018 Red Boudreau Trial Lawyers Dinner. The Daniel T. Broderick III Award is a prestigious award given to the top trial attorneys in San Diego. Recipients of the award exemplify high moral and || Continue reading…

  2. People v. Washington, An Important Confrontation Case

    by Dana M. Grimes, Esq. “Once partners in crime recognize that the ‘jig is up,’ they tend to lose any identity of interest and immediately become antagonists, rather than accomplices.” – Lee v. Illinois (1986) 476 U.S. 530, *544-45. In criminal trials, the issue of the out of court admissions and confessions of codefendants comes || Continue reading…

  3. Stock Fraud and Boiler Rooms in the Internet Age

    by Dana M. Grimes, Esq.   Sometimes movies do a pretty good job of describing fraud. 2015’s The Big Short accurately described massive fraud in mortgages for residential real estate, by lenders, borrowers, and mortgage brokers, that occurred while federal regulators and ratings agencies were asleep at the switch. “The creation of the mortgage bond market, || Continue reading…

  4. The Shackling of Pretrial Defendants

    by Dana M. Grimes, Esq.   In United States v. Sanchez-Gomez, 584 U.S. -, No. 17-312 (2018), the Court vacated the Ninth Circuit’s en banc decision striking down as unconstitutional the Southern District’s policy on pre-trial shackling of defendants. The Supreme Court did not rule on the merits. Instead, it found the case was moot because || Continue reading…

  5. Quid Pro Quo: What is the Quid, Where is the Quo?

    by Dana M. Grimes, Esq.   Bob’s Jobs On November 3, 2009, Bob McDonnell was elected the 71st Governor of Virginia. His campaign slogan was “Bob’s for Jobs,” and his focus in office was on promoting business in Virginia. Several years later, he and his wife, Maureen, were convicted under the federal bribery statute, 18 U.S.C. || Continue reading…

  6. Cooperating Witnesses

    by Dana M. Grimes, Esq. “DON’T GO TO THE PEN, SEND A FRIEND” Cooperating Witnesses, The Race to be First in the Door: In many multi-defendant cases, the prosecutor evaluates which defendants have the ability to help the prosecution.  In white-collar prosecutions, there is sometimes a race to see which defendants can get in the || Continue reading…

  7. The Execution of Edgar Tomayo

    Tomayo’s Case On January 22, 2014, Edgar Tomayo was executed by lethal injection in the prison in Huntsville, Texas. Handcuffed and in the back of a patrol car after being arrested for auto theft, Tomayo produced a concealed hand gun and murdered the arresting police officer, 24 year-old Guy Gaddis. He shot the officer three || Continue reading…

  8. California Proposition 47 Info

    By Dana M. Grimes Sentencing Reform Proposition 47 passed with 58% of the vote, and went into effect November 5, 2014. As a result, for qualifying defendants, most simple possession drug cases are reduced from straight felony or wobblers to straight misdemeanors, as are most theft offenses of $950 or less. It also creates a || Continue reading…

  9. Lords of War – Global Arms Dealers

    by Dana M. Grimes, Esq.   The Global Arms Market Dealing in Firearms is not inherently illegal.  In 2011, the United States exported 46 billion dollars in weapons, and Russia and other Eastern Block countries exported many billions more.  Under United States law, legitimate transactions require an end-user certificate identifying the buyer.  Weapons dealers cross || Continue reading…

  10. Vehicular Manslaughter & Serious DUI Injury Cases

    By Robert L. Grimes, Esq. Defending Vehicular Manslaughter Cases In any traffic accident resulting in injuries or fatalities, the officers will take a breath or blood test of the driver whom they believe to be at fault. If the suspect is taken to a hospital, the officers travel to the hospital to interview him and || Continue reading…

  11. Second Degree Murder: From Dog Bites to DUIs

    By: Dana M. Grimes, Esq. Most people think of murder as an intentional act, and that anyone guilty of it must be a cold, calculating killer. In a murder trial in California, the jury is instructed that murder is the killing of another person with malice aforethought.  Malice can be express, when there is the intent || Continue reading…

  12. Prescription Drugs: Criminal Side Effects

    By Dana M. Grimes, Esq. What do Rush Limbaugh and Cindy McCain have in common besides too much money and philosophical differences with our President?  A history of addiction to prescription medication.  Our office often represents professionals, including doctors and lawyers, who are in trouble with the law because of their use of prescription drugs. || Continue reading…

  13. Bird Rock Bandits Murder Case

    By Bob Grimes and Dana Grimes Criminal Defense Lawyers At about 1:00 a.m. on May 24, 2007, Seth Cravens struck Emery Kauanui, Jr. in the face with his left fist.  Kauanui fell backwards and his head hit the sidewalk.  He suffered a fractured skull and subdural hematoma, and died of these injuries several days later. || Continue reading…

  14. Maryland v King: Will This Holding on DNA Samples Have the “Vast and Scary” Consequences Predicted by Justice Scalia?

    By Dana M. Grimes, Esq. The late Justice Anton Scalia was in the minority of the momentous 5-4 opinion of Maryland v. King, (his scathing dissent was joined by justices Ginsberg, Sotomayor, and Kagan). He was correct pointing out the disingenuous reasoning in Justice Kennedy’s majority opinion. However, was Justice Scalia also correct in his conclusion Maryland || Continue reading…

  15. Forensics: The Intersection of Science And The Law

    By Dana M. Grimes, Esq. DNA Evidence In the past few years, advancements in PCR-based DNA testing and forensics have caused monumental leaps in the probative value of DNA evidence and the use of DNA testing in criminal investigations. DNA evidence is strong and it is valuable, but it is not always available and is not || Continue reading…

  16. International Travel Restrictions

    By Dana M. Grimes, Esq. The sharing of criminal background information among immigration and law enforcement authorities of many countries of the world has become sophisticated and effective.  Our clients often find that foreign customs officials are unsympathetic to traveling Americans with even the most minor criminal records. Canada Many American travelers who fly to || Continue reading…

  17. How California Gun Laws Affect the Common Citizen

    By Dana M. Grimes, Esq. Criminal Defense Lawyer, Grimes and Warwick, San Diego Well-meaning members of the NRA find themselves at the wrong end of the criminal justice system for the first time in their lives when they travel here from a state with liberal gun laws. In fact, many of the people that we || Continue reading…

  18. Money Laundering: Cartels to Congress

    By Dana M. Grimes, Esq. The Two Federal Money Laundering Statutes Classic money laundering cases involve the indictment of accountants, real estate professionals, bankers, and anyone else who helps a criminal organization disguise its earnings.  For instance, when suspected members of the Sinaloa drug cartel were caught shopping for AK-47’s in Arizona a few years || Continue reading…

  19. Expungement in California Criminal Cases

    By Dana M. Grimes, Esq. There are ways to minimize the impact of past convictions for people who have successfully completed the terms of their sentences.  The primary statute is Penal Code 1203.4, which provides for Expungement in California Criminal Cases. There is no way to seal or destroy a record in California adult court, || Continue reading…

  20. Marijuana and Guns, under federal law

    By Dana M. Grimes, Esq. UPDATE January 2018 – California Law, as enacted by Proposition 64, legalized the recreational use of marijuana in this state, as well as cultivation and sales done in compliance with strict state and local laws. A few days later, Attorney General Jeffrey Sessions made a statement reiterating that marijuana remains || Continue reading…

  21. Roman Polanski’s Mistakes-Statutory Rape

    By: Dana M. Grimes, Esq. While the scandalous facts of the 1977 prosecution of Roman Polanski for a sex offense received most of the media attention, the case actually involved some interesting legal issues. Serious questions existed as to whether Switzerland was compelled to extradite Polanski under existing extradition treaties. There were also issues of || Continue reading…

  22. Bail and OR Release

    By Dana M. Grimes Criminal Defense Lawyer When someone is arrested, quick decisions have to be made. Families of the arrestee will go on the Internet to locate assistance, but it is hard for them to sort out the facts from the misinformation and high pressure sales tactics. Every case is unique, but the rules below || Continue reading…

  23. CSI in Criminal Cases

    By: Dana M. Grimes, Esq. The application of scientific analysis to physical evidence is a crucial part of the criminal justice system.  CSI in Criminal cases is part of the evidence in many trials. However, the introduction of that evidence at trial must be done through a witness in confrontation with the Confrontation Clause of || Continue reading…

  24. Human Trafficking and San Diego Gangs

    Image from “Study of Human Trafficking” -Joan B. Kroc School of Peace Studies, University of San Diego. By: Dana M. Grimes, Esq. When actresses like Jane Fonda and Julia Roberts portray prostitutes in the movies, it gives a distorted picture of this world. Some people are making money in the prostitution industry, but it is almost || Continue reading…

  25. Domestic Violence Cases

    By Dana M. Grimes, Esq. Yesteryear: The Era of “Pressing Charges” Even before O.J. Simpson murdered his wife, Nicole Brown Simpson and Ron Goldman in 1994, prosecutors in many jurisdictions, including San Diego, were developing a different approach to domestic violence cases. Domestic violence is defined as “abuse committed against . . . a spouse, former || Continue reading…

  26. Taking the Fifth: Suspicions Are Better Than Admissions

    By Dana M. Grimes All too often, criminal defense attorneys get involved in a case long after an investigation begins, particularly in white collar crimes. This is unfortunate, because it is harder for us to get charges dismissed than to keep them from being filed. As white collar defense attorney Mike Lipman says, “It is amazing || Continue reading…