"The U.S. Supreme Court on Friday ruled for a green card holder who received faulty immigration advice from an attorney, determining he was able to show prejudice against him since it was reasonable to think he could have avoided deportation through plea negotiations or a trial."
In a 6-2 decision, the high court ruled for a green card holder named Jae Lee, a restaurant owner who has been in the U.S. for 35 years, but who faced the prospect of deportation after his attorney incorrectly told him his plea for a drug crime wouldn’t result in removal.
Lee, a lawful permanent resident from South Korea, came to the U.S. in 1982 when he was 13, and as an adult he went on to operate two restaurants near Memphis, Tennessee. But h...
We are pleased to announce that Omid Rejali, our managing attorney, has been selected to the 2017 California Super Lawyers Rising Star list. This is en exclusive list, recognizing no more that two and half percent of attorneys in the state.
Super Lawyers, part of Thomson Reuters, is a
research-driven, peer influenced rating service of outstanding lawyers who have
attained a high degree of peer recognition and professional achievement.
Attorneys are selected from more than 70 practice areas and all firm sizes,
assuring a credible and relevant annual list.
The annual selections are made using a patented multiphase
process that includes:
We are all human and are bound to make mistakes, this includes trial courts. However, the decision on whether to appeal a decision of the court is not an easy task and the procedural elements associated with filing an appeal if not followed properly can have devastating effects, including dismissal of your appeal. Generally speaking you have 30 days to file a notice of appeal. Keep in mind this is a jurisdictional requirement, meaning if you don't timely file your notice you completely lose your chance of having the court of appeal consider your appeal.
CCP 904.1 codifies the general list of appealable orders and judgments. Generally an appeal may be had from a final judgment that terminates the trial court proceedings by completely ...
Every California criminal
crime has an element that the prosecution is required to prove beyond a reasonable doubt. A California
DUI charge also has two specific elements that the prosecutors or city
attorneys need to prove before being able to obtain a conviction.
What Elements Need To Be Proved in A California DUI
To convict you of a
California DUI the prosecutor or city attorney must prove that:
You dove a
When you drove
the vehicle you were under the influence AND your Blood Alcohol Level was 0.08
or higher by weight.
On June 23, 2016 in a case called Birchfield v. North Dakota the United States Supreme Court
clarified an issue for which a lot of states including California and the Court
itself had been grappling for some time.
The court held the
Fourth Amendment permits warrantless breath
tests incident to
lawful arrests for drunk driving, but
not warrantless blood tests.
The case involved three separate defendants who had been
arrested for drunk driving. Of note in the case was also the issue of implied
consent laws. Many states including California have implemented implied consent
laws to protect the public. Essentially, what they say is if you drive on the