Public Defender vs. Private Attorney
Public Defender vs. Private Attorney
The Public Defender's Office in San Diego County recently distributed to its staff attorneys a memo where it sets a high goal in regards to how they represent people accused of misdemeanor crimes: to have 73% of them plead guilty at the very first court appearance. What's more, the statistics provided in the memo show that they are achieving their goal! (I know this because I personally read the memo.)…
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IF YOUR LAWYER KNOWS WHAT HE IS DOING, YOU CAN REMOVE A JUDGE FROM YOUR CASE
There are many reasons why you should hire a lawyer that is familiar with the court and judges where your case is pending. One of the most important reasons for hiring a lawyer experienced with the judge assigned to your case is that if you and your lawyer act quickly, you can have a judge disqualified from your case without having to show any reason. What this means is that…
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There must be an adequate factual basis in the record to accept a plea
The California Court of Appeal recently reversed a plea agreement because there was not an adequate factual basis for the defendant's plea. The issue in The People v. Bobby Lee Willard was whether a general stipulation, without reference to a document in the record which contains factual allegations, satisfies the proper procedure when a negotiated plea is taken. When a negotiated plea is taken and the trial court asks defense…
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Entrapment
Anyone who has watched TV shows like "Law and Order" has probably heard of the term 'entrapment' but might not understand what it really means. Entrapment as a defense is commonly used in situations where someone has been arrested in a sting or vice operation. The standard that must be met for this defense to be successful is very high as it must be shown that the police induced an…
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Recent Court Decision Makes Changes in DUI Cases
A recent court decision made changes in the way criminal defense lawyers may present their DUI cases in trial. Many judges have not been allowing defense lawyers to present certain evidence regarding whether or not the defendant was actually under the influence. This new court decision is telling all other judges that they must allow defense lawyers to present evidence that their clients were not driving under the influence. What…
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Wrongfully imprisoned? You may sue the state
The California Supreme Court has recently ruled that a man who had been wrongfully imprisoned for 25 days could sue the state for false imprisonment and negligence. The man was arrested for drunk driving but immigration and parole officials thought that they had another man who had previously been deported to Mexico several years earlier. Amazingly, officials not only recognized that the detained man was five inches taller than the…
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OUT OF STATE SEX OFFENDERS AND SEX CRIME REGISTRATION IN CALIFORNIA
Recently, our law firm handled a case where a defendant had been convicted years ago in another state of a sex crime. He was told by the court in the other state to register in that state as a sexual offender. He left that state and moved to California. When he moved to California, he was told by authorities here to register as a sexual offender, which he dutifully did…
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Sometimes you can beat a case even though it is old
There are several timeline restrictions which law enforcement must abide by. These include the statue of limitations, Serna motions, and your constitutional right to a speedy trial. Each of these restrictions deal with a different part of the criminal process. If law enforcement fails to do their part within the necessary time frame, your case may be dismissed despite the amount of evidence against you. The statue of Limitations deals…
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Merely Misrepresenting Your Identity is not a Crime
A security guard who used to protect numerous celebrities, including Oprah Winfrey, was acquitted of charges that he impersonated a federal agent to gain employment from another celebrity. The recently acquitted man was accused by federal prosecutors of telling an employer that he had previously worked for the Department of Homeland Security. The security firm that he had said this to used to represent such celebrities as Angelina Jolie and…
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IF YOU HAVE TO DO JAIL TIME DO IT IN STYLE AT A PRIVATE JAIL
One of the reasons a client facing a possible jail sentence should hire a highly experienced criminal defense firm to represent them is because we can help them make any possible jail sentence go much easier. In several areas in California, if you are approved by the court you can do your time in a private jail. Why do clients try to do their jail time in a private jail?…
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