California Criminal Defense Lawyer Blog

Expungements: An overlooked career saver.

I’m often asked to help people out who have made mistakes in their lives, but have moved on, grown up and learned their lesson. They’re wiser now, but face a dilemma: Do they have to disclose a prior criminal conviction? Is there an alternative? Will they lose their job or miss out on a good job opportunity? Here are some strategies to turn a difficult situation into a positive outcome.

1. Help your lawyer help you: If you have any documentation relating to your conviction, however insignificant it may seem, show it to your lawyer. He or she can glean a lot of information that may speed up the process. Understnad that many counties have completely changed their record-keeping systems and will have a difficult, if not impossible time finding your file.

I’m often asked to help people to clean up their criminal record. There are many options available to the client who wants to put the past behind them and move on to a more positive direction in their lives. I make the following recommendations:

1. Write down as much as you can remember about your conviction so your lawyer can help you. Dates, case number, courthouse, sentence, whether or not you successfully completed probation and whether any fines are due and owing.

2. Obtain a copy of your conviction. This is free to you, simply by driving to the courthouse, giving a clerk your name and other information above, and waiting for a copy to be generated. This will help your attorney understand the details of your conviction and will make it easier for him to guide you through the process.

Cross-Examination is the single greatest tool available to the defense attorney. How do you make the most of this golden opportunity to expose weakness in the case against your client?

It’s all about controlling the witness.

Before you step foot into the courthouse:

So the suspected third killer , Charles Murphy, will be arraigned on capital murder charges in the killing of two members of an Anaheim Hills family.

Back on May 21, firefighters discovered Leela Dhanak unconscious, outside her home. Her home had been set on fire.Later that day police discovered two dead bodies, both burned, near a bike trail in Irvine. They were the sister and father of Leela.

Now Murphy’s lawyer is telling the press that his client is innocent and he expects the charges to be dismissed. What possesses a lawyer to make statements like these mystifies me. If he’s proven wrong, shouldn’t he be held accountable? Let’s hope he hasn’t put his reputation on the line for nothing.

To do your very best as a defense lawyer you must be guided by a strong desire to serve the constitution. Clients need your help to understand the criminal justice system and how it will affect their case.

The vast majority of people who find themselves in criminal court have never been there, and never will again. Many of them make decisions about their case without ever talking to a lawyer. Those decisions often have an enormous impact on their personal and professional lives.

Much of what a good lawyer does is educate his client, prepare them for the choices they face, and help them make an informed, deliberate decision. This aspect of criminal defense can be very rewarding because it affords the attorney the chance to educate, inform and protect his client all at the same time.

Consider the following scenario: your client is charged with burglary, possession for sales of heroin and receiving stolen property. He’s got a couple of strike priors, has been to prison once before and is now facing 25 to Life. The D.A. offers to strike one of his strikes and give him 11 years. He will serve 80% of his sentence.

This is a common situation, so common that among experienced criminal defense lawyers it hardly raises an eyebrow. But 12 years ago, following passage of the 3-strikes initiative, this was a high-stress event for attorneys and clients alike.

Does Three Strikes work? Does it prevent future crimes? Logically, if someone is in prison, they cannot commit a crime on the streets.

Well, I haven’t been much of a post-er on this blog, but defending people takes a lot of time, not to mention running a private law practice, a completely separate job.

What’s worth noting is that the job itself, defending the accused, hasn’t changed and never will. A good lawyer is always looking to humanize his client, to separate him or her from the others who pass through the court system.

In Orange County, the criminal defense community is small. We know who each other is, who’s a fighter and who dumps clients the moment they’ve been paid. How do you tell who’s a fighter? Ask for their results. There should be no problem finding out their track record.

Sheriff Mike Carona, hot off his relection victory, looks to be in retribution mode. Once the dust of the election had settled, he was off on a purge. http://www.ocregister.com/ocregister/homepage/abox/article_1173155.php
Many have argued that Carona’s flirtation with scandal makes him a poor candidate for the top law enforcement job in Orange County. Whether it’s questionable campaign contributions, or close political allies indicted for criminal activity, Carona seems to miss the point. He hasn’t kept his skirts clean, forgetting that perception is part of reality. People associate him with scandal.

Further, he promised to limit himself to two terms. Now, that promise broken, his slim (50%) majority makes him vulnerable in the future.