In almost every case we handle, there is a discussion about how a criminal record appears on a background check that might be performed by an employer. We may talk about expungement and how this will be noted on the record. But what if one conducts a Livescan on oneself and finds, or is advised by an employer, that there is something reported that is simply wrong? What can one do? What should one do? Click on the following link to read answers to these questions.
Why do attorneys object to the introduction of certain evidence in court? What reasons can support an objection? What does it mean if an attorney objects on the basis of foundation, or hearsay? What if an attorney says, “Objection, asked and answered.” What does that mean to the judge? To read about attorney objections in general, click on the following link.
There are about five reasons someone’s driver’s license can be suspended and knowing all possible reasons is helpful because, as we have found, there may be multiple reasons. For example, someone may have been arrested for DUI and also have simply not renewed their license before the DUI arrest, so multiple steps must be taken to cure the suspension. The following article lays out the most common reasons for a license suspension. To read the article, click on the following link.
Assuming one does not have a DUI involving bodily injury, one experiencing a second, third and fourth time DUI can apply for and be granted a restricted driver’s license to come and go to work to support themselves and their family. This is often not known, quite sadly, especially when fully one-fourth of all DUI arrests are for second, third and fourth time DUI’s. To read about the time when one becomes eligible, click on the following link.
If one has a felony conviction for certain specified theft or possession of drug offenses, that person may eligible for reduction of the conviction to a misdemeanor. However, is this an automatic process? Is there someone at the courthouse who uses computer search capabilities to identify those that are eligible and then reduces the convictions? Or must one affirmatively file a petition for such relief or appear in person in court? To read answers to these questions, click on the following link.
You may have heard about a law that is “ex post facto.” What does that mean? Is that Latin or Greek for something? There is usually a sense of outrage or indignation, as if something is fundamentally unfair and that the government is abusing its power. To read an article about just what an ex post facto law is and how it can be an issue in today’s world, click on the following link.
There are certainly many songs that glorify the “thug life” and address violence against others. However, can such lyrics by the author constitute criminal threats such that the singer can be arrested, charged and convicted of criminal threats? Obviously, the specificity of the threats is the issue – the more specific, the more likely it is a crime. To read about an appellate decision that addressed this factual scenario, click on the following link.
When Proposition 47 was written, there was nothing in its text that suggested it would apply to juvenile matters. Indeed, there is no such thing as a conviction in a juvenile court (it is an adjudication) or a “no contest” plea (it is an admission). However, there also was nothing in Prop 47 that said juvenile matter were excluded from Prop 47’s benefits. In the following case summary, we present a recent reported decision that clarified that Prop 47 does apply to juvenile cases.
Our office defends those who are accused of elder abuse, most commonly financial elder abuse. However, we often receive telephone calls and e-mail inquiries from victims of elder abuse asking what to do or who they can contact to bring the abuser to justice. Because this is asked so often, and we do understand the serious nature of such charges, we wrote the following article to help those in need of such information.
When a judge sentences someone in a case involving multiple counts and restitution is an issue, one may hear the judge ask if the defendant accepts a Harvey waiver. What is this? It this bad for a defendant? What is one waiving? Does this mean restitution will be lower or higher? Click on the following link to find out.