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…
First, it is to your benefit to contact an attorney as soon as possible. I have had clients that call me immediately after they have been arrested and I was able to prevent or at least circumvent detectives from speaking to them. This is important since it stops my clients from saying the “wrong” things…
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,…
I believe each consumer must be made aware of the legislative intent of this law to insure their rights are not impeded. The Congress made the following conclusions and they are enumerated below in its entirety: (1) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency…
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…
Authorities allege Rodis opened an account in his name at Virginia Heartlands Bank in Fredericksburg, Virginia. He deposited donations in this unknown account and then diverted them for personal use. Court documents also show that bank records seized from his home include a receipt for a service for wiring money to the Philippines. Mr. Scoggin,…
The CALIFORNIA PENAL CODE SECTION 368 defines elder abuse: (emphasis added) (a)The Legislature finds and declares that crimes against elders and dependent adults are deserving of special consideration and protection, not unlike the special protections provided for minor children, because elders and dependent adults may be confused, on various medications, mentally or physically impaired, or…
Recent FBI reports indicate that nationwide, drugs and drug-related crimes account for approximately one-third of all arrests. California has led the nation in arrests for simple possession of controlled substance (illegal drugs). The California Department of Correction statistics affirm that drug or drug related crimes continue to account for high percentage of the offenses committed…
It is crucial that you not only hire an attorney that is experienced with immigration law but is extensively familiar with the criminal justice system and the laws. But more importantly and lesser known fact, you need to prevent the conviction at the first level—at the criminal level. This is when the client’s nightmares and…
But some points of advice before the client decides to bury his case. The client with his attorney should balance the pros and cons of testifying. While a client may think he will be able to deflect the piercing cross-examination of an experienced prosecutor–most will not. Having been a prosecutor for many years, you are…
Even if you do not have a green card, you can still obtain an order. The courts are not required to advise the Department of Homeland Security Immigration and Customs Enforcement. The judge will not inquire about your immigration status. The judge, does however, inquire as to the details of the necessity to protect you….
The general types of orders issued are: (1) Emergency Protective Order: this is issued by the police and is valid for 5 days. This usually occurs when the police is called to a home for a domestic violence issue; (2) Domestic Violence Temporary Restraining Order: this is a civil order and is again temporary, usually…