Our office has represented a significant number of credentialed school teachers who run into criminal charges, whether it be for a DUI, shoplifting, domestic violence, prostitution or sexual battery. In each case, there is a big concern with losing one’s credential and thus, one’s employment. How is a conviction handled by the Commission on Teaching Credentialing? Click on the following link to find out.
If a medical doctor is convicted of DUI, does he lose his license to practice medicine? What about if it is for manslaughter? Or solicitation of prostitution? The answer to each of these questions varies, but if one is a licensed medical doctor, the mere fact of being arrested can create a urgent need for answers. We understand. Click on the following link to read more about this issue.
On what types of cases must the police cite and release someone with a signed promise to appear at a later time? On what types of cases must the police arrest the person, book them and set bail? Do the police have discretion on how to proceed? If one is not cited and released, it is false imprisonment? It is a civil rights violation? Click on the following link to read more about a suspect’s rights to being cited and released.
If one lives in Los Angeles and is asked to appear in court in Lancaster, does the party seeking your presence have to pay you for your mileage and your time? What about if you receive a subpoena to appear in court in New York, but you live in Los Angeles? If the subpoena enforceable? To read answers to each of these questions, click on the following link.
The best advice anyone can give in answering how to respond to a subpoena is to ask what they subpoena says. The context of the recipient’s involvement in the case, either civil or criminal, is all-important. Sometimes, the party issuing the subpoena warns the recipient of an imminent subpoena, often as a courtesy heads-up or, if a hostile case, as a threat. If one is represented by counsel, that attorney should review the supoena and help with the response. For more information about subpoenas, click on the following link.
Most attorneys will answer the question posed in the title to this article by saying “at any time.” That answer would be wrong if the warrant is for a misdemeanor or an infraction, which are not to be served between 10:00 p.m. and 6:00 a.m. How about for a felony? To read more about accepted protocol for serving warrants, click on the following link.
Most criminal defense attorneys will agree that a plea of no contest is preferable to a guilty plea, but why? After all, a no contest plea is considered a guilty plea for immigration purposes and for most state licensing evaluations. However, in certain types of cases, particularly hit and run and DUI with injuries, a no contest plea is helpful. Why is this? Click on the following link to find out.
Our office receives many phone calls from people already represented by an attorney, often the public defender, who the caller believes is ignoring them, the client. Sometimes, this may be true. We often ask why the caller believes this and he or she will say he or she told the attorney to do something and the attorney did not attempt the task. The caller may even rhetorically ask, “Since I’m the client, the attorney has to do what I say, right? I’m paying him, after all.” Is this correct? Click on the following link to find out.
It is quite common to hear a person describe their conviction as resulting from unethical prosecutorial conduct. This in fact can happen, but it is more unusual than many think. Is the solution to appeal? The first step is to evaluate the conduct at issue. What is truly unethical? Click on the following link to read about the more common types of unethical prosecutorial conduct.
Quite a few of our clients, or the victims of a crime, or witnesses to a crime suggest going to trial and lying to the jury. It boggles our mind to hear the ease with which this is suggested, but it happens so often we resign our amazement to naivete. More importantly, what is the punishment if one is caught committing perjury in court? Click on the following link to find out.