Articles

The Juvenile System (Part Two)

Philippine News : Tuesday, November 17 2009

OVERVIEW OF MOTIONS AND CONFIDENTIALITY OF JUVENILE PROCEEDINGS

Detention Hearings

When a minor is detained at the time of arraignment, the court must consider several factors, most of which are statutorily enumerated. The court consider the minor’s criminal history, violations of court order or probation, escaped from detention hall, or a case of “urgent and immediate necessity for the protection of the minor, another person or property of another.” Minors are not entitled to bail unlike in the adult courts.
Generally, the court reviews the probation report and allows arguments by both the prosecution and the defense as to the issue of whether the minor should remain detained. The court may also enable parents/guardians or other witnesses to testify during these hearings. Moreover, the court after review of the reports, may detain an out-of-custody minor upon a finding of good cause. Many judges have detained minors if they come back to court with below average grades, missing curfew, tardiness or failure to attend classes or school in its entirety. Most juvenile courts will have a school liaison and a probation officer in the courtroom or in the premises to check the minor’s school records.

Read more: The Juvenile System (Part Two)

What happens when a juvenile is arrested

Philippine News : Tuesday, November 17 2009

A police officer may arrest a juvenile upon reasonable cause to believe a crime, either a felony or a misdemeanor has been committed. Other reasons for “temporary custody” would be a violation of a juvenile court order or the minor is found in the street or a public place suffering from an illness or requiring care. A person becomes an adult on their 18th birthday.

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The Right to an Impartial and Qualified Language Interpreter

Philippine News : Tuesday, November 17 2009

With many of the United States population speaking a language other than English, it is not surprising that courts frequently allow a relative, a friend, court staff or a bystander to interpret the proceedings. However well-intentioned the judge or the volunteer interpreter and regardless of how well they may speak the second language, it takes more than the knowledge of two languages to interpret accurately. A court certified interpreter is able to interpret simultaneously while attorneys are speaking at lawyer speed, speak the party’s dialect, use the words conveying the tone and meaning contained in the phrase of the original speaker.
In those states that require certification of its court interpreters, a combination of education and proficiency testing is mandated. The federal certification is the most thorough and well-regarded, consisting of a two-day examination. Court interpreters in California are required only for defendants in criminal cases under Government Code Section 68560. There has been a push to pass legislation broadening the right to a court interpreter in civil cases but have proved to be unsuccessful.

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The Tough Battle Of Legally Proving Ineffective Assistance Of Counsel

Philippine News : Tuesday, November 17 2009

I am in the midst of challenging the validity of a guilty plea that according to the family members were pushed on my client by her public defender. She is presently incarcerated in a California prison with a 16 months state prison to fulfill. But based on my review of the case, extreme errors were made in her case. Mind you, this is a woman with no prior criminal record and arguably could, through her attorney negotiated a deal for a reduction of the criminal charges, no prison term, and no deportable consequence. Little to no investigation and/or effort by her attorney to argue numerous mitigating factors in her case were ever made to the District Attorney and to the judge.

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Know The Immigration Consequences Before You Plead Guilty To A Criminal Charge

Philippine News : Tuesday, November 17 2009

Many criminal defense attorneys fail to protect a client’s immigration status as they handle the client’s criminal case. Many have limited knowledge of immigration law nor conduct the due diligence to ascertain the direct consequences of a criminal conviction.

Read more: Know The Immigration Consequences Before You Plead Guilty To A Criminal Charge

Hiring The “Right” Attorney

Philippine News : Sunday, November 15 2009

Most of us, at one time or another, need to seek legal advice. Whether you want to litigate an issue, draft a contract, or is in trouble with the police, it is a good idea to speak with a lawyer. An attorney should be able to identify important legal consequences that may affect you, provide you with options, and give you advice about your next course of action. In many situations, even a brief meeting with an attorney can set your mind at ease and guide you towards a positive resolution. Choosing an attorney may seem like a daunting task, but this brief outline will make the process more manageable.

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Guns And Criminal Convictions

Philippine News : Sunday, November 15 2009

“A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” This is the heavily debated Second Amendment of the U.S. Constitution. Due to recent anti-gun laws, many more individuals are now classified as “prohibited person.” This means individuals whose possession of a firearm is considered a criminal offense.

Read more: Guns And Criminal Convictions