Articles

Get your felony reduced to misdemeanor before expunging your case

Philippine News : Tuesday, May 08 2012

How does the court decide whether your felony conviction should be reduced?

Get your felony reduced to misdemeanor before expunging your case

The difference between a misdemeanor and a felony is not always clear from state to state. In general, it is fair to say that a misdemeanor is defined by the maximum length of time a person is incarcerated, usually no more than one year. Crimes with a minimum jail time of over a year are usually felonies. One can usually state that any crime that is not a felony is by nature a misdemeanor.

Read more: Get your felony reduced to misdemeanor before expunging your case

After an arrest, call a criminal attorney

Philippine News : Tuesday, April 10 2012

Many do not understand is the consequence of calling the police.

After an arrest, call a criminal attorney

When someone calls the police, there will likely be an incident report and an arrest can occur. The public is always afforded the right to call the police. 911 is a service meant for emergencies. It should be reserved for reporting a crime in progress, situations in which imminent danger to human life or other incidents deemed as emergencies exist. However, there are situations when individual(s) call the police as a means to instill fear in the recipient. We have heard it many times, “if you do not stop, I will call the police.” What many of us do not understand is the consequence of calling the police.

Read more: After an arrest, call a criminal attorney

The Victims’ Bill of Rights Act of 2008 put California in the forefront of the national victims’ rights movement

Philippine News : Monday, February 20 2012

Victim’s rights

Crime victims as defined under the California Constitution is a “person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of a crime or delinquent act.” The term “victim” also includes the person’s spouse, parents, children, siblings, or guardian or a legal representative, such as an attorney, of a crime victim. This victim may be deceased, a minor, or physically or psychologically incapacitated.

Read more: The Victims’ Bill of Rights Act of 2008 put California in the forefront of the national victims’ rights movement

Withdrawing a guilty plea

Philippine News : Tuesday, February 07 2012

In compliance with the holding of Boykin v. Alabama (1969) 395 U.S.238, when a guilty or nolo contendere plea (which is treated the same as a guilty plea) is entered, the record must show that the defendant was aware or made aware of, voluntarily waived, his or her constitutional rights to:

(1) trial by jury; (2) confrontation of witnesses; (3) privilege against self-incrimination; and (4) right to counsel, if unrepresented.

Read more: Withdrawing a guilty plea

Concealed weapons at airports

Philippine News : Tuesday, January 17 2012

It is also not rare that clients are stopped for a traffic violation and a search ensues and such “illegal” weapons are seized.

On January 4, 2012, the federal Transportation Security Administration (TSA) indicated it found a .45-caliber handgun in California Assemblyman Tim Donnelly’s briefcase at Ontario Airport. Donnelly was cited on a misdemeanor charge of possession of a loaded firearm, punishable by a sentence of one year in jail and a $1000 plus penalties in fines.

Read more: Concealed weapons at airports

What to do in case of arrest

Philippine News : Friday, January 06 2012

Costly fines, suspension of driver’s license, mandatory counseling, lifetime sex registration, and deportation are some consequences to criminal arrest.

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Internet censorship bill ‘duplicates’ existing law

Philippine News : Saturday, December 31 2011

Fairfax,Va.–Americans for Limited Government President Bill Wilson praised California Rep. Zoe Lofgren, a member of the House Judiciary Committee, for opposing legislation he said would “give the government power to censor the Internet.”

Read more: Internet censorship bill ‘duplicates’ existing law