Wednesday, May 23, 2012

Orange County Criminal Defense Attorney - Another Appeals Case Victory


Recent News

La Times

Orange County; Judge Clears Man Who Spent 2 Years in Jail;
Courts: Authorities believe someone else committed Anaheim
robbery for which he was imprisoned. D.A., challenger disagree
on the review process.

A judge on Friday dismissed charges against a man who spent two years in custody for a robbery authorities now believe someone else committed--prompting a candidate for Orange County district attorney to propose an examination of recent wrongful convictions.

George Lopez's case marks the fifth instance in two years that charges have been dropped against people convicted of robberies in the county. The cases turned on eyewitness testimony that ultimately proved unreliable.

Wally Wade, a veteran prosecutor running for district attorney, said the office should take a hard look at all five cases, then use lessons learned to train prosecutors and police on how to prevent wrongful convictions.

"The reason you analyze the past is to learn from it. I think these cases would be good examples," Wade said. "There are too many of these cases. I have no doubt the prosecutors and police are acting in good faith. But good faith doesn't get a man a year or 20 years of his life back."

Lopez, 19, was serving a 13-year sentence for the armed robbery of an Anaheim loan office when questions about his conviction began to surface. First, two victims of the crime stepped forward to profess his innocence. Last summer, another man told The Times that he, not Lopez, committed the crime.
Dist. Atty. Tony Rackauckas, who is running for reelection, said his office acted prudently in the Lopez case, agreeing to dismiss the case this week after its own investigation cast doubt on Lopez's guilt. He said Wade's suggested remedies are unnecessary.

"Our prosecutors train about eyewitness cases all the time," Rackauckas said. "This is not anything new. . . . He just sees this as an opportunity to try to help his campaign."
Rackauckas said that in 2000 he teamed with Public Defender Carl Holmes to launch a first-of-its-kind project that investigates prisoners' claims of wrongful convictions.
"The reason these people are being released is we have an attitude, if someone's not guilty, we're going to let them out," Rackauckas said. "I didn't see that under the past administration."

Lopez, 19, spent more than two years in custody before a judge ordered his release in September as questions about his guilt mounted. Lopez left the Santa Ana courthouse Friday hand-in-hand with his wife, saying he hopes that the dismissal of the case will help him find a job.
He said no one should have to go through what he did.
"I lost my job. All the money I'd saved for an apartment and wedding went to pay the lawyer," Lopez said. "This can't keep happening. They're playing with people's lives."

Wade questioned Rackauckas' handling of the Lopez case, faulting the district attorney for not ordering an investigation when questions about Lopez's conviction first surfaced more than a year ago. Wade also said Rackauckas has a duty to examine what went wrong.

"We have to analyze why this is happening because it shouldn't be," Wade said. "Police officers and D.A.s cringe at the idea that an innocent person is going to be convicted. So for this many to have been wrongly convicted is disturbing to everyone in law enforcement."
The five recent wrongful convictions in Orange County had some common threads. All involved armed robberies, and the convictions were based in large part on the testimony of victims.
Psychologists have reported for many years that testimony from victims of crime can be unreliable. Wade said prosecutors need to make sure they take additional caution in dealing with those cases.

"All jurors receive special instructions in cases involving eyewitness testimony. Prosecutors should also receive specialized training on evaluating eyewitness testimony," Wade said.

Michael Giannini, director of the Orange County Alternate Defenders Office, agreed that a new approach to eyewitness testimony is needed.
"Anyone in this business, we know the most unreliable evidence is eyewitness evidence," he said. "When it's a total stranger who's robbing you and you're under stress, the reliability goes way down."
Lopez said his concern now is providing for his family and raising the money to have a traditional wedding. He and his wife, Leah, were married by Judge Daniel J. Didier moments after his sentencing in 2000. It was Didier who dismissed the case Friday.
"The only thing I remember from our wedding day is he had to sign the wedding certificate and I could hear the handcuffs hitting the table," Leah Lopez said.

Credit: TIMES STAFF WRITER
James M Crawford is undoubtedly an excellent Orange County appeals attorney with a proven track record to defend your case.
Search the links below to see if your friend, family member, or loved one is currently incarcerated:
Orange County
San Bernardino County
Los Angeles County
Riverside County
528 N. Glassell
Orange, CA 92867
Office: 714-538-0305 Fax: 714-538-0306 
164 East 3rd Street San Bernardino, CA 92410
Office: 909-388-2690

Tuesday, May 22, 2012

James M Crawford - Advocate For Native Americans


James M. Crawford is an advocate for Native Americans. Have you, a loved one, or a family member who is Native American been wrongly convicted of a crime? Call James M. Crawford, he can help you file an appeal. He has handled more than 300 appeals in state and federal court and completed 70 criminal jury trials, and is supremely qualified to handle a wide range of criminal defense cases from felony and misdemeanor crimes to state and federal appeals. James M. Crawford has won many appeals and has overturned many wrongful convictions.  
If you’re a Native American, and have been charged with a crime, call James M. Crawford, Orange County’s Native American criminal defense attorney. He has over 17 years experience fighting for and defending the rights of the accused with extreme expertise.  
Some Helpful Links for Native Americans:
Search the links below to see if your friend, family member, or loved one is currently incarcerated:
Orange County
San Bernardino County
Los Angeles County
Riverside County
528 N. Glassell
Orange, CA 92867
Office: 714-538-0305 Fax: 714-538-0306 
164 East 3rd Street San Bernardino, CA 92410
Office: 909-388-2690

Monday, May 21, 2012

Orange County Criminal Defense Attorney - Juvenile Law


Juvenile Law
Juvenile law governs delinquency and other related matters. State statutes define which persons are under the original jurisdiction of the juvenile court. Most states define the upper age of juvenile court jurisdiction in delinquency matters as 17.  When juveniles are referred to the juvenile courts, the court determines whether an adjudicatory hearing is warranted or to transfer jurisdiction to an adult criminal court. When a juvenile judge sets the case for "adjudication," a trial is set.  In lieu of twelve jurors, juvenile court trials are done by a judge or commissioner. Therefore it is very important that you have a lawyer that is familiar with juvenile court proceedings. Only an experienced juvenile attorney will be able to object to any unfair tactics by the court and prosecutor or the presentation of inadmissible evidence. Once a juvenile is under juvenile court disposition, the court may retain jurisdiction until the juvenile legally becomes an adult . In some jurisdictions, juvenile offenders may be classified as youthful offenders which can lead to extended sentences.  This is where the defense attorney's experience and legal expertise will be most beneficial. James M Crawford handles Orange County Juvenile cases.  If you need an Orange County Juvenile Lawyer call or contact us by email today.


Search the links below to see if your friend, family member, or loved one is currently incarcerated:
Orange County
San Bernardino County
Los Angeles County
Riverside County
528 N. Glassell
Orange, CA 92867
Office: 714-538-0305 Fax: 714-538-0306 
164 East 3rd Street San Bernardino, CA 92410
Office: 909-388-2690

Friday, May 18, 2012

Orange County Criminal Defense Lawyer - DUI Law


Have you or someone you know been arrested for DUIContact James M Crawford for help and answers.
If you have been arrested for DUI, you will have to deal with both the criminal justice system and the DMV.
Even for a first offense, the penalties can be serious-including license suspension, fines of almost $2,000, mandatory attendance at State or DMV Approved alcohol programs, and potential jail time. In addition, a DUI conviction stays on your DMV record for at least 10 years, and may result in higher insurance premiums
You must contact a lawyer immediately so that the attorney can request an Admin Per Se hearing with the DMV within ten days of your arrest so that your driving privilege is not suspended.
Unlike the criminal process at Court, the DMV is a civil matter, run by the Office of Driver Safety.
The DMV hearing officer acts as both judge and prosecutor in this procedure. They are only interested in three issues:
- Did the arresting officer have reasonable cause to believe that you were driving under the influence;?
- Was the arrest lawful, and;
- Was your blood alcohol .08 % or higher at the time of driving?
A DMV hearing is won or lost based on technical issues.   Since procedures are different between the Court and the DMV, it is possible to be found guilty in the criminal case, but still win the DMV hearing. On the other hand, if you were actually acquitted in court of the DUI charge, and had previously lost your DMV hearing, you would then have the right to force the DMV to return your license and set aside their suspension.
Mr. Crawford has the knowledge and experience to secure a favorable outcome for driving under the influence charges and DMV matters, such as a dismissal altogether or a reduction to a lessor charge. reduce the time in custody or eliminate it altogether.
James Crawford has tried numerous DUI cases as a defense attorney and has a winning record.   Mr. Crawford is a graduate of the Gerry Spence Trial lawyer's College and has extensive knowledge of the psychology behind the art of jury selection.  If you have been arrested for a DUI, you can turn to James Crawford for the DUI law help you need.
Contact Mr. Crawford today to discuss your legal options and start planning your defense.
Search the links below to see if your friend, family member, or loved one is currently incarcerated:
Orange County
San Bernardino County
Los Angeles County
Riverside County
James M. Crawford
528 N. Glassell
Orange, CA 92867
Office: 714-538-0305
Fax: 714-538-0306 
164 East 3rd Street
San Bernardino, CA 92410
Office: 909-388-2690

Wednesday, May 16, 2012

Defending Rape Charges


Being arrested for rape is a very serious matter. If you or someone you know is convicted of rape, you face a lifetime of consequences such as a lengthy state prison sentence, loss of your job, compulsory HIV/AIDS testing, court ordered rehabilitation, large fines and lifelong sex offender registration. The outcome of your case may depend on whether you have an experienced and aggressive criminal defense attorney to defend you.  Your  rights include the right to a jury trial, the right to cross-examine witnesses, the right against self-incrimination and the right to produce evidence. Mr. Crawford possesses deep knowledge and extensive experience in defending these types of cases and can aggressively defend your rights.
Sex offenses include all types of sexual activities ranging from the serious crime of rape, usually defined as sexual penetration without consent, to the crime of prostitution.  If you are accused of any sex crimes, it is important that you seek the services of Mr. Crawford who is experienced in these types of cases.
Types of rape include:
•Statutory rape: A sexual act with a minor under the legal age of 18. In this type of case, statutory rape charges are usually brought up by the parents of the victim but in California the state can also raise them.
•Date rape: A forcible sexual act between people that know each other during a social engagement. The fact that the engagement was voluntary and that the parties knew each other is not a defense for this type of charge.
•Spousal rape: Occurs when one spouse forces the other spouse to have sex without consent.
Most sexual assault crimes are charged as felonies although lesser offenses are charged as misdemeanors. Punishment for sexual assault crimes includes jail or prison, fines, community service, counseling, probation/parole and lifetime sex registration. Multiple convictions of sexual assaults lead to increasingly severe punishments. The decision whether to charge a person with a felony or a misdemeanor rests with the prosecutor; however, a criminal defense attorney, if contacted early enough in the investigation, may be able to minimize the charges that you face.
Ways that Mr Crawford can help you include:          
•Arranging for bail, bail reductions or being released on your "own recognizance"
•Understanding the possible penalties and likely outcome of your case
•Hiring an investigator to interview witnesses and gather evidence favorable to your case
•Negotiating with the prosecutor for a reduction of the charges and sentences
•Presenting the best legal defense for you and challenging the prosecution to prove their case
•Seeking alternative sentencing programs such as electronic monitoring, residential treatment, counseling and informal probation
Mr. Crawford can assist you in proving your innocence. He understands that a false rape accusation is humiliating and damaging, and believes it is his duty to use his knowledge of California's sex crime laws to successfully resolve your case as quickly as possible.
Contact an Orange County, San Bernardino/Riverside rape attorney if you are facing sexual assault charges to make sure that your rights are protected and that you are provided with an effective and aggressive representation. 
Rape Defense 
Mr. Crawford can develop an innovative defense strategy to effectively improve the outcome of your case. Potential rape defenses may include the victim's consent, lack of evidence to support the case, factual evidence or mistaken identity, the use of polygraph tests, and more.
If you've been accused or charged with rape, do NOT attempt to investigate or defend your own case. It is in your best interest to retain competent and aggressive legal representation to ensure you rights and interests are protected every step of the way.
Please contact the law offices of James M. Crawford at 714/538-0305 today for a FREE case evaluation with a rape defense attorney.

Tuesday, May 15, 2012

Orange County Appeals Attorney: James M Crawford


Image
Anyone who is convicted of a state or federal crime in California, whether as a result of a jury trial, a bench trial, or by pleading guilty is entitled to appeal his or her conviction or the criminal sentence received. An appeal is the request by a convicted person for a higher court to review the case in an effort to get the conviction reversed or the sentence reduced.
After the trial court has issued the final judgment, an appeal can be filed. There are very strict deadlines and requirements for filing a criminal appeal in the state and federal appellate systems, so individuals considering an appeal should consult with a criminal law attorney as soon as possible. 
To learn more about filing an appeal, click here 
California Appellate Courts
The appellate court in California consists of a panel of three judges who review a written brief (argument) presented by both the defense and prosecution. Generally, the criminal defense attorney attempts to persuade the appellate court that an error or some other factor in the original trial prejudiced the outcome of the case. If the appellate court agrees with the defense, it can overturn a conviction, change the sentence, or order a new trial. 
Appellate law is a complex, specialized area of law. James M. Crawford has many years of experience as an appellate lawyer and has helped numerous individuals obtain a just and satisfactory outcome after a wrongful or unfair conviction. 
Specialized Area of Criminal Law
As an appellate attorney, Mr. Crawford can handle the following aspects of your appeal:
    · Posting an appellate bond
    · Preparing and filing necessary writs and motions
    · Pursuance of further relief on remand
    · Post-verdict motions 
Mr. Crawford will review everything that has happened in your criminal case, including the pre-trial phase, your trial, and all post-conviction issues, including motions and evidence. 
His goal is to identify any new factors that may persuade the appellate court that your conviction or sentence is erroneous, such as:
    · Insufficient evidence
    · Unallowable evidence
    · Incorrect rulings on objections
    · Errors made by the judge imposing the sentence after a verdict
    · Jury errors 
Some appeals cite insufficient representation during the original trial.
For a complimentary case evaluation with an experienced appellate attorney,
Search the links below to see if your friend, family member, or loved one is currently incarcerated:
Orange County
San Bernardino County
Los Angeles County
Riverside County
James M. Crawford
528 N. Glassell
Orange, CA 92867
Office: 714-538-0305
Fax: 714-538-0306 
164 East 3rd Street
San Bernardino, CA 92410
Office: 909-388-2690

Wednesday, May 9, 2012

Orange County Criminal Defense Attorney - continued


James M Crawford practices several different areas of law:
  • Appellate Law
    Anyone who is convicted of a state or federal crime in California, whether 
    as a result of a jury trial, a bench trial, or by pleading guilty is entitled to
    appeal his or her conviction or the criminal sentence received. 
    Read more about Appellate law
  • DUI Law
    If you have been arrested for DUI, you will have to deal with both the criminal justice system and the DMV. Even for a first offense, the penalties can be serious-including license suspension, fines of almost $2,000, mandatory attendance at State or DMV Approved alcohol programs, and potential jail time. In addition, a DUI conviction stays on your DMV record for at least 10 years, and may result in higher insurance premiums. Readmore about DUI law
  • Juvenile Law
    Juvenile law governs delinquency and other related matters. State statutes define which persons are under the original jurisdiction of the juvenile court. Most states define the upper age of juvenile court jurisdiction in delinquency matters as 17. Read moreabout Juvenile law
Search the links below to see if your friend, family member, or loved one is currently incarcerated:
Orange County
San Bernardino County
Los Angeles County
Riverside County
James M. Crawford
528 N. Glassell
Orange, CA 92867
Office: 714-538-0305
Fax: 714-538-0306 
164 East 3rd Street
San Bernardino, CA 92410

Office: 909-388-2690

Monday, May 7, 2012

Orange County Criminal Defense Attorney


James M. Crawford offers aggressive and experienced representation in all areas of Criminal LawJuvenile Law and Federal Criminal Law in Orange County. He is familiar with the Orange County Courts and has obtained other tremendous results for his clients. Mr. Crawford only practices Criminal Law.
Attorney Crawford investigated and presented the court with a habeas corpus petiton for a young man convicted and sentenced to 13 years in prison for armed robbery.  After the man served over two years in prison, Attorney Crawford secured his release from prison by proving his innocence of the charges.
Mr. Crawford has been practicing Criminal Law since 1994 at both the Trial and Appellate levels. Anywhere from giving legal advice, handling appeals, going to trial, being your federal case lawyer; Mr. Crawford is the attorney you and your family need in times of legal trouble.
In 2006 Mr. Crawford graduated from Gerry Spence's Trial Lawyer's College.


James M. Crawford focuses his practice solely on criminal law, helping clients with their state and federal problems at all stages of the criminal law process, including:
  • Accompanying and advising clients in police or prosecutor interrogations and interviews;
  • Furthering the investigation of a client's arrest or case to reveal new and/or beneficial information;
  • Negotiating with the prosecuting attorney to obtain a reduction or dismissal of charges;
  • Representing clients in a plea bargain, probable cause hearing, other preliminary court hearings, and at trial;
  • Arguing for the most favorable penalty or sentence;
  • Filing appeals and other motions necessary to protecting a client’s rights
Search the links below to see if your friend, family member, or loved one is currently incarcerated:
Orange County
San Bernardino County
Los Angeles County
Riverside County
James M. Crawford
528 N. Glassell
Orange, CA 92867
Office: 714-538-0305
Fax: 714-538-0306 
164 East 3rd Street
San Bernardino, CA 92410

Office: 909-388-2690