COVID 19 Disruptions to the Superior Court

Guidance for our clients and friends.

• DO NOT LOSE TOUCH WITH US! WE MAY NOT BE ABLE TO SHAKE HANDS, BUT EVEN IF OUR PHYSICAL OFFICE SPACE CLOSES, WE HAVE PROTOCOLS IN PLACE TO KEEP THE ATTORNEY CLIENT RELATIONSHIP PRESERVED AND WE ARE IMPLEMENTING VIDEO CONFERENCING AS AN OPTION TO DISCUSS YOUR CASE.

• IF EVER, YOUR OBLIGATION TO THE COURT INTERFERES WITH YOUR HEALTH NOTIFY US. WE WANT AND CAN HELP! WE CAN ARRANGE ALTERNATE APPEARANCE REQUESTS AND POSTPONE CERTAIN OTHER OBLIGATIONS ON YOUR CASE.

• IF YOU HAVE AN ACTIVE CASE AND YOU ARE CONFUSED ABOUT THE DATE AND TIME OF YOUR APPEARANCE, COMMUNICATE WITH US. ANY STAFF MEMBER CAN UPDATE YOU AS THE INFORMATION BECOMES AVAILABLE.

• IF YOU HAVE CLOSED CASES, OR AN ARREST THAT DID NOT GET FILED, CALL US. WE HAVE BEEN THROUGH TROUBLED TIMES BEFORE AND KNOW THAT DISMISSING OR SEALING THE CASE FROM YOUR RECORD EARLY WILL AVOID UNNECESSARY OBSTACLES TO FUTURE EMPLOYMENT AND LICENSING PROSPECTS.

Verification of DOB and legal presence for California DL/ID

Driving on a suspended license is usually a misdemeanor charge in Los Angeles County, and even if it's reduced to an infraction can result in a fine of over $1500.  So how do you get your license if you have no proof that were born in the USA.

California requires applicants of DL/ID's to show verification of DOB and proof of legal presence within the United States.   The CA DMV allows numerous types of documents as proof.  I included a list directly off of the CA DMV website below.  If you need more info, check out the FAQ page from the DMV https://www.dmv.ca.gov/portal/dmv/dmv/dl/moredriverlicenseinformation

Original or a certified copy of

• US Birth Certificate (certified copy from state or local vital statistics office)
• US Certificate of Birth Abroad or Report of Birth Abroad
• Federal Proof of Indian Blood Degree
• USCIS American Indian Card
• Birth Certificate or passport issued from a US Territory
• US Passport
• US Military Identification Cards (Active or reserve duty, dependent of a military member, retired member, discharged from service, medical/religious personnel)
• Certificate of Naturalization or Citizenship
• Northern Mariana Card
• USCIS US Citizen ID Card
• Permanent Resident Card
• Temporary Resident Identification Card
• Canadian Passport/Birth Certificate
• Non-resident Alien Canadian Border Crossing Card
• Valid foreign passport with a valid Record of Arrival/Departure (form I-94)
• "Processed for I-551" stamped in a valid foreign passport
• Permanent Resident Re-entry Permit
• Refugee travel document
• Certified court order or judgment issued from a court of competent jurisdiction. Must contain name, birth date, place of birth, legal presence status, and judge's signature.
• Certification from California Department of Corrections or California Youth Authority
• Employment Authorization Card (I-776)
• Valid I-94 stamped "Refugee," "Parole or Parolee," "Asylee," or Section 207, Section 208, Section 209, Section 212d(2), HP or PIP
• Valid I-94 with attached photo stamped "Processed for I-551 temporary evidence of lawful admission for permanent residence"
• Notice of Action (I-797 Approved Petition) - must indicate approved extension of stay or change in status that grants temporary or permanent residency, or indicates that an original, duplicate or renewal Resident Alien card is forthcoming.
• Immigration judge's order granting asylum
• Mexican Border Crossing Card with valid I-94
• U.S. Border Crossing Identification card with valid I-94

11 year max, but now doing life for attempting to kill an officer.

Nicholas Smit,  was facing 11 years for numerous drug and related charges.  He was released from custody pending his trial.  So what does he do, (probably trying to help his defense attorney,) he makes booby traps designed to kill the officer involved in his case.  No officers get hurt, but he does get LIFE +40 years behind bars.  The  California Court of Appeals, 4th Appellate District Division 3, agreed with the Riverside County Trial Court located in Murrietta, and ruled a zip gun, usually a home made single shot pistol, does qualify as a personal firearm under Penal Code 12022.53(b).  That didn't really effect his sentence too much much as each one of those enhancements carry an additional 10 years.  Mr. Smit got four consecutive Life terms +40 years.  

http://www.courts.ca.gov/opinions/documents/G049090.PDF

Moral of the story, there are better ways of helping out your case! 

Policing Gone Hi-Tech

The Los Angeles Police Department is relying on computer software topredict where crimes occur. The software uses an algorithm and criminal data including time, location, and type of crime, to predict criminal hot spots. The program was launched in the San Fernando Valley last year, and the city has already seen double digit drops in property crimes.  There are plans to use the program citywide starting next year. Skeptics of the program, such as Andrew Guthrie Ferguson, an assistant law professor at the University of the District of Columbia, are concerned that police could abuse the process with racial profiling or stereotyping a neighborhood or an area.

Electronic Proof of Coverage

Just a remindeer for all of you receiving tickets for failure to show proof of insurance.  Since August of 2012 a person who has received a traffic citation is permitted to show proof of insurance coverage using mobile electronic devices such as smart phone, or tablet.