Have you been ordered removed and reentered the U.S. without inspection? Read this blog and contact San Diego Immigration Lawyer, Omid Rejali, Esq. for a free evaluation of your case.
Under INA §212(a)(9)(A)(i) Persons who have been ordered removed (through expedited removal or through removal proceedings initiated at the time of the person’s arrival in U.S.) after April, 1, 1997, and who seek admission within 5 years (or 20 years if second or subsequent removal, or at anytime if convicted of an aggravated felony) are inadmissible, unless prior admission has been granted to them.
A person who is barred from admission under INA §212(a)(9)(A) may apply for readmission prior to the period of inadmissibility by seeking a waiver. A waiver is a formal request fr...
Suppression of Evidence under Penal Code Section 1538.5(a)(1)
Under Penal Code Section 1538.5(a)(1), a defendant may move for the return of property or to suppress as evidence any tangible or intangible thing obtained as a result of a search or seizure on any of the following grounds:
A warrantless search or seizure was unreasonable;
A search or seizure with a warrant was unreasonable because:
a. The warrant is insufficient on its face;
b. The property or evidence obtained is not that described in the warrant;
c. There was not probable cause for issuing the warrant;
d. The method of execution of the warrant violated federal or state...
There has long been confusion among the legal community as to the application of California Rules of Court 3.1320(j) and California Code of Civil Procedure (“CCP”) § 471.5(a)as they relate to the time a defendant has to respond to a complaint following the courts decision to sustain its demurrer.
California Rules of Court 3.1320(j) states: Unless otherwise ordered, defendant has 10 days to answer or otherwise plead to the complaint or the remaining causes of action following:
A Serna motion is a defense tool, which would allow a defendant to have misdemeanor charges filed against him be dismissed. Under the United States Constitution a defendant has a 6th Amendment right to a speedy trial. This right is triggered at the time charges have been brought against a defendant.
The Court in Serna stated: “a delay between the filing of a misdemeanor complaint and the arrest and prosecution of a defendant which exceeds one year is unreasonable and presumptively prejudicial.”
A delay in prosecution can occur in one of several ways. For example, a delay can occur when the prosecution fails to file the charges against the defendant in a timely manner, or when an arrest warrant is not timely executed on the defendant.
Lets assume it is January ...
In a famous quote Abraham Lincoln stated: “Discourage litigation. Persuade your neighbors to compromise whenever you can. As a peacemaker the lawyer has superior opportunity of being a good man. There will still be business enough.” Litigation is a position no party would want to find themselves in. It is time consuming, costly, stressful and last but not least it deteriorates long lasting relationships among parties. Civil litigation could involve a myriad of different issues such as, disputes over property, contracts, negligence of a party, products liability, dog bites, and premises liability just to name a few.
Litigation is initiated when one party (generally the plaintiff) file...