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…
Writing for the majority, Justice Kennedy said that “a suspect who wants to invoke their right not to be questioned must do it unambiguously. He goes on to say that “Thompkins did not say he wanted to remain silent or that he did not want to talk to police,” Kennedy wrote. “Had he made either…
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…
Family law rulings regarding divorce and separation settle a number of issues resolve issues such as the division of marital assets, including debt, resources, and property. Alimony or spousal support is another matter that concerns the parties. If a child or children exists, determination of responsibility for the children will be allocated between the parents….
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…
1. What is at-will employment? Unless there is an agreement to the contrary, employees in California are employed “at will.” The employment-at-will doctrine says that both the employer and the employee may end the employment relationship at any time without notice or reason. This means your employer has the right to terminate your employment at…
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 amount of the bond. However, this is usually very costly. Even the most routine cases can carry bonds in excess of $20,000. If a defendant opts to post his own…
It is well established from the very start that Tiger likes his privacy. This is not a new thing. In fact, in the winter of 1997 when Tiger was a pro only a few months, he was interviewed by a reporter from one of those TV gossip programs about his social life. When he dismissed…
I took his case because I felt he had acted in good faith to attempt to discuss and settle his debt. But as many of you are aware, if you do not have an effective and competent attorney speaking on your behalf, you are either not taken seriously and/or taken advantage of. Simply put, it…
The senator issued a statement that said, AIn hindsight, I should have pled not guilty. He repeated this personal belief at a Idaho news conference when he stated, AIn June, I overreacted and made a poor decision. He continued, AI chose to plead guilty to a lesser charge in hopes of making it go away….
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…
However, speed per se is not an end in itself. An excessively speedy trial may equally violate the defendant’s right to a fair trial. Therefore, a case by case determination is the standard. The case of Barker v. Wingo 407 U.S. 514 (1972) is the landmark case in this area. Prior to the 1960’s, the…
The recent advances and popularity of DNA and genetic testing have allowed conclusive establishment and disestablishment of paternity. However, this has created new issues. For years, any child born to a married couple has been presumed to be a child of the marriage, and the husband the legal father. In California, the marital presumption of…
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…
It again puts L.A. in the center of a controversy involving a “celebrity” and the criminal system. What is it that makes the whole world more interested in LA story, than learning about what our leaders are doing in the G-8 Summit and its impact to our everyday lives? Don’t get me wrong, I am…