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 United States Supreme Court overturned Miranda’s conviction, finding that the coercive nature of detention in a police situation necessitates certain safeguards in order to ensure that suspects that do not intelligently waive their rights. The ruling held that when law enforcement officers take a suspect into custody with the intention of conducting an interrogation,…
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…
It is enormous given that effective communication is such a critical part of a judicial proceeding. For immigrants trying to navigate the state’s civil courts, a lack of proficiency in English can jeopardize their jobs, homes and civil rights. Thus, in the civil arena, it may be incumbent upon you to pay for a court…
Withdrawing a guilty plea is a tough battle to fight but an even tougher fight is to have the court rule that your attorney provided you with ineffective assistance of counsel. So, words to heed—PICK YOUR ATTORNEY VERY WELL. I will briefly go through the pros and cons of a court appointed attorney (ie.. Public…
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…
The police may do the following with the minor: (1) release with no further action (2) refer the case to a prosecuting agency (City Attorney or District Attorney (3) release the minor with a request to return to the police with parent/guardian for further investigation (4) a notice to appear before a probation officer. In…
In these times of high unemployment, stiffer competition and stricter rules in hiring, make sure your criminal record is “fixed.” I had a client recently come in to my office who had completed her nursing credentials but was denied her license by the board due to her prior seven criminal convictions. I would like to…
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…
My experience in the child support began with the Los Angeles County District Attorney’s Office who used to oversee the establishment and enforcement of child support court orders for both welfare and non-welfare custodial parents. Read full article at Philippine News: http://philippinenews.com/article.php?id=4525
Dozens of nurses were convicted of crimes, including sex offenses and attempted murder and remained fully licensed to practice before the board acted against them. Some continue to have “spotless” licenses—even while serving time in prison. For example, nurse, Haydee Parungao is serving a 5 year federal prison sentence for confessing to billing for hundreds…
I. LAWS ADDRESSING POLICE MISCONDUCT Federal laws that address police misconduct include both criminal and civil statutes. These laws cover the actions of state, county, and local officers, including those officers who work in prisons and jails. The law also protects both citizens and non-citizens in the United States. In the criminal case involving investigation…
I have a client now who has never been in trouble with the law until his daughter called the police and indicated to the responding officers that “he is afraid of his father and that he had a knife.” The facts are far from the truth. But as a result of this statement, his father…
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…
Other factors that lead to probable cause for the initial detention and subsequent arrests could be the location of the stop (high crime area); behavior of the suspect (nervous, lying, fleeing from the officer); physical description matches the broadcasted description. Although each of the individual facts alone may be inadequate to prove probable cause, TOGETHER,…
Public Safety This is the court=s primary consideration. Many judges will closely scrutinize facts of the case, including but not limited to, if firearms or weapons were used in the commission of the crime; the gravity or the lack of bodily injury to a person (s); whether the defendant is affiliated with a gang; or…
What might save money in the short run could end up costing more money and headaches in the long run. The law has become more specialized and changes constantly. The self-help web site or generic court forms does not cover every fact situation. The court system is very complex and it is very difficult for…
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…
95% of all cases end in a plea bargain. This is an excellent way to avoid a potential stiff conviction. But it is up to the defense attorney to speak on behalf of her client. The attorney must enlighten the judge/prosecutor of “who” her client is—she must establish good character and that such “bad” behavior…