WHAT WILL HAPPEN IF I AM ACCUSED OF MINOR IN POSSESSION OF ALCOHOL? (MIP)
WHAT WILL HAPPEN IF I AM ACCUSED OF MINOR IN POSSESSION OF ALCOHOL? (MIP)
In a recent survey taken, nearly half of all high school students have reported that they have tried alcohol at one point or another in their lives. Although many underage teens and children drink, the legal age to drink and purchase alcohol in the state of California is 21. In some instances, people who are under the age of 21 are not even allowed to be in places that serve…
Read More
PROPOSITON 21 – DA DIRECT FILING CASES
Prosecutors in Orange County charge more YOUTHS AS ADULTS using their discretionary power than those in any other county (according to the most recent data provided by the California attorney general-157 between 2003 and 2005). When compared proportionally to felony juvenile arrests, Orange County stands out even more: It has the highest proportional use of the "direct file" law among the state's 15 largest counties. Orange County prosecuted teens as…
Read More
Racial Profiling in the Buena Park Police Department
Just the other day, I ran a motion to suppress evidence in a drug related matter. The Detective testified that he was investigating the defendant for the potential sale of drugs. He testified that he was investigating a male Hispanic for this matter, but the police report indicated that he was investigating a male Caucasian. He finished his testimony and sat back down in his chair. Then Police Officer took…
Read More
Can a father of a child get custody when he has never been married to the mother of the child?
There are a couple of ways that an unwed father can establish legal paternity to get custody and visitation of his child through the court system. Even when there is no dispute as to biological paternity, legal paternity must be established. When an unmarried woman gives birth to a child the woman and the man can reach an agreement that the man is the father of the child. The natural…
Read More
What Kinds of Crimes Can Be Committed On The INTERNET?
The rapid increase in the use of the Internet by people of all walks of life in the past decade has led to a steady increase in Internet crimes. Law enforcement agencies take Internet related crimes very seriously and go to great lengths to lure potential offenders. Internet service providers are willing to work with law enforcement to make sure their on-line users do not facilitate crimes such as child…
Read More
The Dangers of the Internet to Minors and Online Predators
The popularity of the internet has grown and continues to grow among young people today as the internet can be used for a number of different resources ranging from talking with friends online to researching papers for school. A recent study found that 2 out of 3 preschoolers have already used a computer in their lives and have been on the internet. Although the internet may open new doors to…
Read More
PROTECT YOUR LEGAL RIGHTS WHEN YOU ARE FACING A PROBATION OR PAROLE VIOLATION
It is important to understand HEARSAY evidence and its relevance at probation and parole violation hearings. PAROLE revocation and PROBATION revocation after the imposition of a sentence are constitutionally indistinguishable. Parole and probation revocation is NOT part of a criminal prosecution and therefore not all of the rights due a defendant in a criminal procedure apply. However, due process does require that a defendant at a probation revocation hearing be…
Read More
Get A Loved One Out of Jail…File A WRIT OF HABEAS CORPUS:
The Habeas PetitionA petition for habeas corpus asks that a court issue a writ, requiring that the prisoner be produced before the court at a particular place, date and time. In its original use, a petition for habeas corpus was filed to request that the custodian of a prisoner be ordered to bring a prisoner to a county court to testify in a legal matter. This use of a petition…
Read More
Depositions:
Depositions can be used to impeach a witness, to refresh the recollection of a witness, to serve as a past recollection recorded, to act as an admission or statement of a party, and to operate as evidence of a witness' former testimony. The deposition of a party to the action is admissible for any purpose when it is offered by an opposing party, subject to the standard objection of relevancy,…
Read More
What if the Court Makes an Order and Nobody Knows it?
At the end of an evidentiary or argumentative hearing, the judge makes a final decision with findings and makes court orders. As you have probably noticed, sometimes these hearings can be confusing, tense, and even chaotic, with people talking over one another. When this happens, it is easy for the parties, the lawyers, and even the judge to lose themselves in the conversation. When a judge gives orders in this…
Read More