Articles

Articles

A Criminal Conviction Can Cause Serious Immigration Consequences: Criminal Deportation Defense

Philippine News : Sunday, November 15 2009

If you are convicted of a crime, you could be deported. The United States government is serious when it comes to excluding and deporting immigrants who have been committed and subsequently been found guilty, either through a voluntary plea or a jury trial. U.S. policy is so strict, it does not take into account whether it separates family members.

Read more: A Criminal Conviction Can Cause Serious Immigration Consequences: Criminal Deportation Defense

 

Abuse And Neglect: Information For Parents

Philippine News : Sunday, November 15 2009

I have a client who entrusted their baby while both parents were at work with a babysitter who is a close family friend. One day, the police was called to the babysitter’s home because the baby has fainted. The 14 month old baby was brought to the hospital and was treated for acute right and left hematoma. A police report was also initiated describing the incident. There is currently no criminal case pending against the parents. But the parents have lost custody of the child temporarily and I am representing the mother in dependency court.

Read more: Abuse And Neglect: Information For Parents

 

Should The Defendant In A Criminal Case Testify?

Philippine News : Sunday, November 15 2009

My colleague Emmanuel Tipon in his article “Imelda, Guiliani, Spence and ineffective counsel” wrote about the crucial question whether to allow the client (the defendant) to testify. All criminal defense attorneys are confronted with the dilemma of whether to put the client on the witness stand. The client has the last say in this decision, but should be guided by your advice. Easier said than done—some clients proclaim their innocence and duly believes that he or she is the best witness towards achieving an acquittal.

Read more: Should The Defendant In A Criminal Case Testify?

 

Criminal Protective Order and Civil Retraining Orders Part 2

Philippine News : Sunday, November 15 2009

Many clients have asked what type of circumstances one is allowed to get a court ordered protective order (“PO”) or restraining order (“RO”). A lawyer must convince the judge that the other party whom you are trying to get an order for has (1) hurt you; (2) made you feel afraid; (3) tried to get you to not testify; or (4) threatened to do any of these things. If your family is at-risk, an order may be broadened to include all individuals that you can prove are also in fear.

Read more: Criminal Protective Order and Civil Retraining Orders Part 2

 

Criminal Protective Orders and Civil Restraining Orders Part 1

Philippine News : Sunday, November 15 2009

Besides the primary difference that one is issued in a criminal court and the other in civil cases, such as family law, there are many differences between the two orders. A criminal protective order (“CPO”) is issued by a Judge in a criminal court against the Defendant after he is arrested, charged or found guilty of certain crimes against the Victim(s). The entity seeking the protective order is the District Attorney’s Office on behalf of the victim/witness. In the civil retraining order (“CRO”), the lawsuit is filed by the victim and the other party is the retrained person. The District Attorney (DA) is not involved at all.

Read more: Criminal Protective Orders and Civil Restraining Orders Part 1

 

Effective Immediately, California Takes Steps To Check Nurses’ Criminal Backgrounds (Part 1)

Philippine News : Sunday, November 15 2009

This is no longer “news.” California regulators announced emergency measures to investigate criminal backgrounds of all registered nurses in the state. This was the result of a Los Angeles Times article which reported 115 cases where the state did not rescind a nurse’s license until 3 or more criminal convictions existed.

Read more: Effective Immediately, California Takes Steps To Check Nurses’ Criminal Backgrounds (Part 1)

 

Contempt Of Court

Philippine News : Sunday, November 15 2009

The primary purpose of the contempt power is to preserve the effectiveness and sustain the power of the courts. The secondary purpose is to protect and enforce the parties’ rights by compelling obedience to court orders and judgments. Examples of this would be failure to appear when subpoenaed, screaming profanities in court, and failure to obey a court order.

Read more: Contempt Of Court

 

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