Articles

Articles

The “Nuts and Bolts” of Driving Under the Influence (“D.U.I.”)

Philippine News : Monday, May 20 2013

Memorial Day weekend begins the summer travel season and for many of us who likes the convenience of making short trips in our cars rather than flying, here are just some tips about driving under the influence of alcohol, narcotics or both.

Read more: The “Nuts and Bolts” of Driving Under the Influence (“D.U.I.”)

 

Appealing a Criminal Conviction

Philippine News : Monday, May 13 2013

Once you are convicted at a bench trial (no jury) or a jury trial, you have the right to appeal that conviction. A Notice of Appeal must be filed with the court 30-60 days following the judgment. This timeframe and all the timeframes that govern the appeals process require strict compliance. A final judgment is a sentence, a final conviction or an order granting probation, an insanity commitment, a mentally disordered offender commitment or an addiction commitment.

Read more: Appealing a Criminal Conviction

 

Can a Judge Reconsider a Prior Order?

Philippine News : Monday, May 06 2013

Yes! Any party, whether in a civil or a criminal case, in an application for an order has been made to a judge, or to a court, and refused in whole or in part…. may within 10 days after service upon the party, has a legal right to have that order reconsidered. In California, this is statutorily governed by Code of Civil Procedure, Section 1008. The motion for reconsideration must be filed within 10 days to the same judge or court who made the order and must be based upon new or different facts, circumstances, or law.

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Getting Out of Child Support Debt

Philippine News : Monday, April 29 2013

“Arrears” means past due support. Arrears are created when a child support order is made and there have periods of time in which payments were paid partially or not at all. If you owe arrears, you may be able to reduce the arrears (and interests) significantly. Arrears owed to the local child support agency for welfare may only be negotiated downward if certain requirements are met.

Read more: Getting Out of Child Support Debt

 

Miranda Rights

Philippine News : Tuesday, April 23 2013

The issue of whether to read the Dzhokhar Tsarnaev (the surviving Boston Marathon suspect), was in the forefront of debate when he was taken in custody. A brief overview of this landmark case is outlined below.

Read more: Miranda Rights

 

“Ban the Box” Initiatives

Philippine News : Sunday, April 14 2013

Nationwide, over 40 cities and counties have implemented the initiative widely referred to as “ban the box.” This removes the question on the job application about an individual’s conviction history and delay the background check until later in the hiring process. The purpose of this reform is to provide applicants a better chance of being evaluated based on their qualifications. Many jurisdictions have also adopted hiring policies modeled on federal civil rights protections that require the employer to show that the criminal records restrictions are directly related to the job.

Read more: “Ban the Box” Initiatives

 

Can the police just stop you and ask for identification?

Philippine News : Monday, April 08 2013

The police may stop you, whether you are walking alone, congregating with friends or driving a vehicle, if they reasonably believe they have "probable cause" to stop a suspect who is engaged in criminal activity. Reasonable suspicion is based on the "totality of circumstances" surrounding the detention. For example, the relevant circumstances that would cause an officer to reasonably believe that a suspect is engaged in criminal activity includes, but not limited to, the common sense inferences of the officer, based on the officer's background, training, education and experience.

Read more: Can the police just stop you and ask for identification?

 

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