Myths about child abuse are rampant. Many feel that it is only abuse if it is violent. Physical abuse is just one type—neglect and emotional abuse are equally damaging and hard to detect. Thus, less intervention may occur. Child abuse does not happen in “good” families. Abuse to children is color, economic, and cultural blind….
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…
If you were convicted of a felony and confined in a state prison, institution, or agency, on MAY 13, 1943 OR AFTER, you may file for a certificate of rehabilitation (CR) and a governor’s pardon if you can show the following: (1) Resided continuously in California, after leaving prison for the five years immediately preceding…
If you owe arrears, depending on your circumstances, you may be able to negotiate the arrears (and interest) down significantly. Generally, arrears owed to the local child support agency for public assistance reimbursement (i.e. welfare) may be negotiated downward if certain requirements are met. If you owe money directly to the custodial parent, (i.e. non-welfare…
If your citizenship application is denied by a United States Citizenship and Immigration Services (USCIS) officer, you may ask for review and appeal the decision. The Form N-336 (Request for a Hearing on a Decision in Naturalization Proceedings) must be filed. I had just successfully represented a client in Phoenix, Arizona who was denied citizenship…
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…
In federal court, there is a presumption a person will be released from custody unless the federal prosecutor can demonstrate that the person is a threat or a flight risk. If a bond amount has been set, there are two ways a defendant can get out of jail. The first is to pay the full…
Do you need a lawyer or not? Sometimes a lawyer is provided to the person being sued at no personal expense. For example, if you are sued because you were in an auto accident, your insurance company will likely provide a lawyer to protect your interests. If you are a sued as an officer or…
The law allows for child care costs and reasonable uninsured medical costs that should be documented and requested. For those with a special needs child, a parent should request additional costs related to the education, travel expenses or any other necessary related costs to the child. It is critical to establish an accurate child support…
There are four major types of family law actions: Dissolution (divorce), Legal separation, Nullity (annulment), and Paternity (support for children of unmarried partners). Dissolution of Marriage in the state of California requires that at least one party must have been a resident of the state for 6 months and 3 months of the county in…
The privileged information may remain private as long as a court does not force disclosure. The attorney-client privilege is not absolute. It does not apply in the following: (1) if a client hires an attorney to commit a fraud or crime; (2) if two or more clients hire the same lawyer in matters of common…
On a hot August day in 1920, a 24-year-old Tennessee House of Representative listened to an issue that has been simmering since well before the Civil War-woman suffrage. The movement had begun in 1848 in Seneca Falls, New York, but it took 30 years to get the amendment introduced in Congress. By August 1920, the…
A party who is subject to a valid order, has knowledge of the order, and willfully fails to comply with that order is subject to contempt proceedings and the statutory penalties. Contempt is available in both the criminal and civil arena. However, a contempt proceeding is criminal in nature. The judge will advise you of…
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…