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SAN DIEGO CRIMINAL DEFENSE STRATEGY FOR LACK OF SPEEDY TRIAL-SERNA MOTIONS

01-16-2015


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 ...

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CIVIL LITIGATION-DEMURRERS

01-06-2015


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...

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ASYLUM - THE RESETTLEMENT BAR AND HOW TO OVERCOME IT IN IMMIGRATION COURT

01-02-2015


The Board of Immigration Appeals in the Matter of A-G-G-, 25 I&N Dec. 486 (BIA 2011), once again modified the resettlement bar to asylum applications from previously being a discretionary bar to a permanent bar, if the Department of Homeland Security (DHS) provides sufficient evidence that the Respondent has in fact made a firm resettlement in another country. However, the inquiry is not as simple as it sounds and there are many ways to overcome the resettlement bar. The purpose of this blog is to give a basic overview of the current law relating to this issue. If you find yourself in such a situation ha...

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UNDERSTANDING THE NATURE OF PERSONAL INJURY LAW

12-04-2014


Personal injury is a subset of a large umbrella of the law called torts. It offers legal rights to victims of physical or psychological injuries, which come as a result of the wrongdoing or carelessness of another person, government, company or entity. There are different types of personal injury under which a victim might be entitled to compensation in the courts of California and in San Diego.

TYPES OF CASES

Personal Injury cases may be applicable when a person acts negligently and as a result causes harm to another person. Examples of this include car accidents, medical malpractice, as well as other toxic tort cases.

It may also be applicable when a person knows and intentionally causes harm on another person. This can come in the form of an assault, false imprisonment,...

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PRESIDENT OBAMA'S EXECUTIVE ACTION

11-21-2014


On November 20th, 2014, President Obama announced that those undocumented immigrants that have been living in the United States for the past five years, have a U.S. citizen or legal permanent resident child and can pass a background check will be able to remain in the country for three years.

Although this is only a piecemeal fix for our MUCH broken immigration laws, it at least allows a lot of families to remain with one another, and not to be constantly in fear of deportation.

The unfortunate fact of the matter is that, neither the House of Representatives nor the Senate cares about the million of undocumented immigrants that have been living in this country for years and have been catering to our needs. All they care about is their own interests, which in my opini...

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