1. Nature and severity of the allegation(s). 2. Actual or potential harm to the public. 3. Actual or potential harm to any patient. 4. Overall disciplinary record. 5. Overall criminal actions taken by any federal, state or local agency or court. 6. Prior warnings on record or prior remediation. 7. Number and/or variety of current…

It is critical to hire an attorney who is experienced in direct and cross-examination, gathering evidence and highly skilled in conducting hearings. In California, the Attorney General (AG) is the representative of the Board. Even prior to the date of the hearings, I worked with the Supervising Deputy AG in providing her mitigating evidence such…

Probation is often a part of a defendant’s sentence. In California, the probation terms and conditions vary depending on which probation is ordered. A formal probation requires the defendant to meet with an assigned probation officer on a regular basis. This is the standard for felony cases and for more serious misdemeanor cases. In addition…

Judge Stevens writing for the majority began by emphasizing that the risk of deportation must be considered an “integral part: of the possible penalty for noncitizen defendants. Reviewing nearly a century’s worth of immigration law, the Court noted that deportation, a “drastic measure,” is now an inevitable consequence for a “vast number” of convicted immigrants….

The Court has potentially paved the way for significant changes in the way criminal trials for immigrant defendants are handled. The court emphasized that the risk of deportation must be considered an “integral part” of the possible penalty for noncitizen defendants. The Court especially noted that in the current political atmosphere, deportation is now an…

I was able to convince the prosecutor to transfer the misdemeanor charge of Vehicle Code Section 12500, driving without a license, to a traffic court. This meant that the charge was reduced to an infraction, saving my client from a misdemeanor conviction on his record. Traffic tickets are costly–your insurance premium could be increased, the…

Even when the criminal lawyer does a good job of minimizing the crime and the penalties, if he does not inquire as to the immigration status of his client, the disposition will be a ticking time bomb. The immigration damage, usually permanent, often outweighs the criminal penalties the client will face. In these cases, the…

Probation laws differ according to the type of probation ordered: (1) Formal Probation (supervised probation-you are assigned a probation officer and are required to meet regularly with your assigned officer) (2) Informal Probation (summary probation-simply obey all laws and no probation officer is assigned to monitor your case). Probation becomes part of a criminal defendant’s…

Although juvenile records are not available to everyone, they can be read by police and other law enforcement agencies, probation departments, and courts. In fact, a person’s juvenile record can be considered by a judge in a later adult court case in issues such as setting bail or deciding the terms of probations such as…

While juvenile files and records are generally confidential, there are some important exceptions. They can be accessed by police, prosecutors, probation officers, correctional officers and other criminal justice officials. They may also be available to employers, educational institutions, licensing agencies and other organizations when the person applies for employment or educational programs. Eligibility: (1) No…

Solicitation means an offer of sexual services by a prostitute. Some states are very specific as to which behavior they prohibit. For example, on the eve of Super Bowl 23, Falcons safety Eugene Robinson drove to Key Biscayne and offered an undercover officer $40 for oral sex. Under Florida law, he is guilty of an…

A nurse’s ability to earn a living may now depend on getting a criminal conviction(s) expunged. When a nurse has a criminal conviction, the licensing board will investigate the matter and often file an action against the licensee/applicant. It is important to clear the criminal record as soon as possible. The key to defending a…

The adjudication hearing in the juvenile arena is the trial in the adult court. The parents and legal guardians of a minor have a right to notice and to be present at this hearing. This proceeding must be heard by a judge—a referee or a commissioner cannot hear the case unless both the prosecution and…

Even when the criminal lawyer does a good job of minimizing the crime and the penalties, if he does not inquire as to the immigration status of his client, the disposition will be a ticking time bomb. The immigration damage, usually permanent, often outweighs the criminal penalties the client will face. In these cases, the…

The minor with an assistance of counsel may request a rehearing within 3 court days of the detention. If the witness is unavailable, the court may grant a reasonable continuance not to exceed 5 court days. These types of hearings are: (1) William M. Hearing (In re William M.(1970) 3 Cal.3d 16). The court initially…

So the end result is a hung jury leaving the District Attorney the decision of whether to proceed with another trial. As Matt Lauer, host of the Today show puts it, “we will continue to follow what happens with this case.” Many of you probably are wondering why the government would go after this “cat…

The subject will then be “booked” at the police department where you are fingerprinted, photographed and bail is set. Unless the individual is able to pay the bail amount, the person will be held in custody pending the arraignment held within 48 hours of arrest. Once a person is arrested, the person must be advised…

In many jurisdictions, there are generally two requirements for a felony conviction to be reduced to a misdemeanor. In California, the process is memorialized in the Penal Code, Section 17 (b). First, the offense you were convicted of must be defined as a “wobbler”—meaning the crime could be filed as either a felony or a…

If you commit a misdemeanor prior to your 18th birthday, such as disturbing the peace or petty theft, your record by filing the appropriate motion, will be expunged on your 18th birthday. However, this is not the case with felonies, especially if committed by an adult. Even if you are not convicted of a crime,…

The following example illustrates the difference. A person walks onto a construction site and takes a hammer and then goes home. This individual will be charged with larceny, since he took someone else’s property, with the intent of never returning it. A construction worker on that same site, who uses the hammer every day, puts…