New beginnings: 2010

New beginnings: 2010

I always wanted to be an attorney so I could help people. I realize this is an idealistic statement. But, I beg to differ. This year has meant new beginnings for some of my clients. Here are some examples. A 14-month-old baby was returned to the parents in time for Thanksgiving after months of separation. The parents had a case opened in dependency court after their child was in the hospital for severe injuries thought to have been caused by them. It was eventually concluded that the injuries were not caused by the parents.

After seven months and numerous court hearings, the judge concluded that the young child would be returned to the parents. The parents fulfilled and completed the close scrutiny and review of all court personnel and social workers. This was a very intense case since the baby would have been placed in a “foster” care home if she was not returned home.

A client was facing deportation after being placed on removal proceedings due to a prior criminal conviction. It took 10 months, but after providing the court and the government a brief citing our opposition to his removability, the judge agreed with our position and ruled that termination of the removal proceedings was warranted.

A Filipino father’s annual visit in California to see his children and grandchildren turned “ugly” when this 70+ year old man was arrested for making a criminal threat against a family member. This charge is taken very seriously by the prosecutors and the courts. I advised my client that a dismissal would be nearly impossible and a trial may be required to insure that he has no criminal conviction.

Notwithstanding all the mitigating factors in the case, the prosecutor did not want to dismiss the case. Both sides prepared for trial. But after discussions with all the witnesses and even the judge, I was able to convince the prosecutor that a dismissal would be a reasonable conclusion to the case. The prosecution agreed and my client is now enjoying the holidays back home in the Philippines.

A local Catholic priest called me to help a parishioner who was about to be sentenced to prison. She was a young person with a very bright future. A responsible individual, she bought her own home at a very young age and was a vocational nurse on her way to becoming a registered nurse. She became involved with the wrong people and the result was predictable. Her co-defendants were sentenced to state prison but after lengthy negotiations with the special prosecutor assigned to the case, she was granted home confinement for six months.

However, due to this conviction, her professional license is now-at-issue. She again came to see me to help her with this new problem. I realize that terminating her felony probation and expunging the case would be nearly impossible. Both relief I requested were discretionary and would require the judge to use the broad inherent powers bestowed on his office.

The realistic percentage of success would be 5 percent to 10 percent. On 12/22/09, I was able to convince, the prosecutor, probation officer and most importantly, the judge that it would be in the furtherance of justice to have my client’s probation terminated and her conviction expunged. They agreed and both motions were granted. It was a miracle and the first step to insuring that she has a new start.

After months of telephone calls and letters from a law firm representing a credit company, my client came in to see me and in his words, “fight his battle” for him. I spoke with the lawyers that were representing the bank and finalized a payment plan that he could handle. His case will be dismissed this month. With one creditor now gone, he could focus and start regaining fiscal responsibility

Last, but not least, a case involving a mistake, many of us could make. She was making a left turn – all of a sudden, she hears a noise. A motorcyclist hits her car and dies. She is charged with vehicular manslaughter. I succeeded in having the charge reduced from a misdemeanor. But the fact remains—there is a dead person. Hence, the prosecutors were not going to dismiss the case.

However, this client had no prior arrest or conviction. She was a college graduate and pursuing a master’s degree in social work. There were no issues of her talking on the cell phone, eating, putting on makeup, etc. I was compelled to get her a dismissal. She was too young to have a record. After months of negotiations with all interested parties, an agreement was reached that upon completion of certain terms and conditions, the case would be dismissed.

I have clients coming in to see me because they are in trouble—serious trouble. I am there to guide them through the legal maze and to insure that the best disposition for them is reached. The lesson I learn everyday is that “we are all flawed,” but it is my job to “humanize” my clients. Additionally, I also tell my clients to pray and go light a candle. As exemplified by the cases above, it clearly works. Happy New Year, everyone!