Although family law and criminal law are two very distinct areas of the law, they frequently overlap creating challenges for lawyers who specialize in just one area. When a family law case involves elements of criminal law such as domestic violence, child abuse, restraining orders, alcohol  (DUI) or drug offenses, the case becomes exponentially more…

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…

Are you a suspect?  If you are under investigation of a crime, it is crucial that you hire an attorney right away.  It is at this point that an honest, straightforward, no-nonsense consultation with your criminal defense attorney is critical so filing a criminal case against you may be prevented. If you are a suspect…

Animal Abuse is a very disturbing part of our society. Statistics show how this kind of violence is detrimental to the well being of society as a whole. Psychologists have long linked those who abuse animals with deeper more sinister crimes. Kids who start abusing defenseless animals usually progress into more aggressive crimes. The FBI…

Tomorrow I start a trial for a client who was convicted of a misdemeanor crime and whose professional license is subject to be revoked. I have another client who retained me for her trial next year dealing also with the revocation of her license. I have written many times about how licensing boards (medical, legal,…

Federal agencies involved are the Inspector General’s Office and Office of the Child Support Enforcement of the U.S. Department of Health and Human Services, along with the U.S. Department of Justice, created Project Save our Children (PSOC) to create a comprehensive health and human services and criminal justice response to this issue. Most of the…

Second, the person convicted of the felony crime must have been granted probation and not sentenced to state prison. In California, if probation was denied, and the person was sentenced to California state prison, you are not eligible for a reduction to a misdemeanor. Additionally, in California, most sex offenses, like rape cannot be reduced…

A “dry reckless” is a misdemeanor charge defined as a flagrant disregard for people or property. Unlike any alcohol or drug related offenses, the benefits of this charge are huge. There is no mandatory sentencing enhancements for repeat offenders, shorter county jail sentence, if any, shorter probation, a reduced fine, no mandatory court-ordered license suspension,…

The Drive Sober or Get Pulled Over Campaign began on August 16, 2013 and will last until September 2, 2013. It is a nationwide campaign that kicks to high gear this Labor Day when local and state law enforcement in all states will conduct sobriety checkpoints and heightened street patrols, looking for motorists who may…

Being falsely accused (and/or wrongly arrested) for blackmail is a nightmare. As such, it is critical to retain an experienced criminal defense attorney. Common defenses to this charge are, you did not coerce the victim to give you money or property, falsely accused, or there is insufficient evidence to support a conviction. Extortion by threat…

Many do not see the difference between being charged with another white- collar crime like larceny. The difference is this: with larceny, the perpetrator never had legal possession of the property carried away. While the crime of embezzlement requires that the perpetrator had lawfully possessed the property, but then converted it into his/her own property….

DUI cases constitute the largest group of misdemeanor violations in many counties. Notable legal enactments: the lowering of the unlawful blood alcohol level, the addition of a statute prohibiting DUI while driving a commercial vehicle, enhanced penalties for DUI with a minor in the vehicle or the requirement that ignition interlock devices be installed in…

He was transported back to California to face a murder trial and was found guilty of second-degree murder and sentenced to 16 years in federal prison. His conviction was subsequently overturned, based on the arguments that the victim, Tempongko, somehow incited Ramirez to murder her by revealing that she had aborted his child. The Supreme…

A bodily injury is any physical injury to the body. Many victims will allege mental or emotional abuse but that is not a crime—physical abuse is required. Willful means deliberate or on purpose. A “true” accident does not constitute a willful act. A traumatic injury, is a wound or other bodily injury whether, minor or…

I have written extensively about the criminal procedures and penalties of DUI. In this article, I will focus on the DMV. Federal and state Constitutions enumerate that no person shall be deprived of property without due process of law. The DMV, is therefore, required to give you notice of the action and opportunity to be…

It is not just girls who are at risk boys are also victims and may be underreported due to shame and stigma. The shame of sexual abuse makes it very difficult for children to come forward. They worry that the adult will not believe them, angry with them, or even split the family apart. Some…

The first time you will hear about a casino taking action to collect your marker will typically be in a letter from the Clark County DA’s Office bad check unit explaining that the marker must be repaid or you could face prosecution. This is a serious matter since the DA will use all legal tools…

The group that convinced NBC to run a public-service announcement during Super Bowl XXVII against domestic violence unfortunately had no statistical backing, but based purely on anecdotes. Still the myth persists. Esta Soler, president of the Family Violence Prevention Fund, wrote on the group’s website: “Domestic, sexual and dating violence are serious problems every day,…

What is the “Corpus Delicti” rule? This is the legal principle that the prosecution cannot prove that a crime has been committed from the defendant’s own confession alone, but that the prosecution must prove that corroborating evidence exists and that the actual crime that the defendant confessed to occurred. For each crime, there are elements…

An example of involuntary manslaughter would be, a person who runs a red light and hits someone crossing the street and the person dies. There is no intent to kill and the resulting death would not be considered murder but involuntary manslaughter. The Jackson preliminary hearing which is expected to last for 2 weeks has…