Showing posts with label James Crawford. Show all posts
Showing posts with label James Crawford. Show all posts

Friday, November 2, 2012

California Appeals


The decisions of the Courts of Appeal are binding on the Superior Courts of California, and both the Courts of Appeal and the Superior Courts are bound by the decisions of the Supreme Court of California. Notably, all published California appellate decisions are binding on all trial courts[2] (distinct from the practice in the federal courts and in other state court systems in which trial courts are bound only by the appellate decisions from the particular circuit in which it sits, as well as the Supreme Court of the United States or the state supreme court).[3] Court of Appeal decisions are not binding between divisions or even between panels of the same division.[4]

It is customary in federal courts and other state courts to indicate in case citations the particular circuit or district of an intermediate appellate court that issued the decision cited. But because the decisions of all six California appellate districts are equally binding upon all trial courts, district numbers are traditionally omitted in California citation style unless an actual interdistrict conflict is at issue.

All California appellate courts are required by the California Constitution to decide criminal cases in writing with reasons stated (meaning that even in criminal appeals where the defendant's own lawyer has tacitly conceded that the appeal has no merit,[5] the appellate decision must summarize the facts and law of the case and review possible issues independently before concluding that the appeal is without merit).[6] Such procedure is not mandated for civil cases, but for certain types of civil cases where a liberty interest is implicated, the Courts of Appeal may, but are not required to, follow a similar procedure.[7][8] Most Court of Appeal opinions are not published and have no precedential value;[9] the opinions that are published are included in the California Appellate Reports.

Due to their huge caseloads and volume of output, the Courts of Appeal in turn see the largest number of decisions appealed to the state supreme court and the Supreme Court of the United States. A few famous U.S. Supreme Court cases, such as Burnham v. Superior Court of California, came to the high court on writ of certiorari to one of the Courts of Appeal after the state supreme court had denied review. Many Court of Appeal opinions have become nationally prominent in their own right, such as the 1959 opinion that carved out the first judge-made exception to the at-will employment doctrine, the 1980 opinion that authorized a cause of action for wrongful life, and the 1984 opinion that created the right to Cumis counsel.
If you need to file an appeal...

Call James M Crawford at (714) 538-0305 now.

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

Crazy California Laws - Fun Facts

Here are some crazy laws from the state of California:

Wearing a sweatshirt inside-out is deemed a “threatening misdemeanor” in Half-Moon Bay.
In 1930, the City Council of Ontario (California) passed an ordinance forbidding roosters to crow within the city limits.
In Los Angeles, you cannot bathe two babies in the same tub at the same time.
Peeling an orange in your hotel room is banned in California
San Francisco is said to be the only city in the nation to have ordinances guaranteeing sunshine to the masses.
In Cupertino, California, it is illegal to count backwards audibly in hexadecimal. According to Rick Kitson, Cupertino’s Public Communications Manager, this law is not true. “Amongst many lists of strange laws is an item about Cupertino. Usually, this strange law has something to do with a prohibition on audibly counting backwards in hexadecimal.
Redwood City has outlawed the frying of gravy.
In Santa Clara, it is forbidden to dedicate parking spaces to the patron saint of television.
Prostitutes in San Francisco are not obliged to make change for bills larger than $50.
The city of Mountain View proscribes calling pet fish by “names of aggressive content, e.g. ‘Biter’, ‘Killer’, ‘Sugar-Ray’”
Bicycles may not be ridden without “appropriate fashion accessories” anywhere in Santa Clara County (de facto law).
In Blythe, California, a person must own two cows in order to legally wear cowboy boots in public.
In Los Angeles, a man is legally entitled to beat his wife with a leather belt or strap, but the belt can’t be wider than 2 inches, unless he has his wife’s consent to beat her with a wider strap.
It is illegal to set a mousetrap without a hunting license.
Community leaders passed an ordinance that makes it illegal for anyone to try and stop a child from playfully jumping over puddles of water.
In L.A. it is against the law to complain through the mail that a hotel has cockroaches, even if it is true.
It is illegal to drive more than two thousand sheep down Hollywood Blvd. at one time.
It is illegal to whistle for a lost canary before 7 am in Berkeley, CA.
In California, it is illegal to posses bear gall bladders.
In California, it is illegal to trip horses for entertainment.
a few more that maybe got missed above, maybe not
Women may not drive in a house coat.
No vehicle without a driver may exceed 60 miles per hour.
Many animals are illegal to own as pets, including snails, sloths, and elephants.
Nobody is allowed to ride a bicycle in a swimming pool (Baldwin Park).
You are not permitted to wear cowboy boots unless you already own at least two cows (Blythe).
It is illegal to spit, except on baseball diamonds (Burlingame).
Detonating a nuclear device within the city limits results in a $500 fine (Chico).
It is illegal to drive more than two thousand sheep down Hollywood Boulevard at one time (Hollywood).
It is illegal to walk a camel down Palm Canyon Drive between the hours of four and six PM.
It is illegal for a secretary to be alone in a room with her boss (Pasadena).
Two bathtubs may not be installed in the same house (Prunedale).
One may not carry a lunch down the street between 11 and 1 o’clock (Riverside).
Prohibits elephants from strolling down Market Street unless they are on a leash (San Francisco).
It is illegal to pile horse manure more than six feet high on a street corner (San Francisco).
It is illegal to wipe one’s car with used underwear (San Francisco).

 

Call James M Crawford at (714) 538-0305 now.

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

What Can You Do If Your License is Suspended for a DUI?

 

What Can I Do If My Drivers License is Suspended Because Of A DUI?

You have 10 days from the receipt of the Order of Suspension/Revocation to request a hearing to show that the APS suspension/revocation is not justified. The DMV will conduct a telephone hearing unless you request an in-person hearing. The APS suspension/revocation will not be stayed (delayed) unless:
  • You request a hearing within 10 days from the issue date of the order and the DMV cannot provide a hearing before the effective date of the suspension/ revocation.
Before the hearing, and upon request, you may see and/ or obtain copies of the DMV’s evidence. If you want copies released to someone else, such as an attorney, you must give the person signed permission. You have the right to have a sign or language interpreter present at your hearing. Immediately notify the DMV if you require an interpreter.
You may represent yourself or at your own expense, an attorney or another person may represent you at the hearing. You may present oral testimony and other evidence. Your testimony will be taken under oath or affirmation and the hearing will be recorded.
The DMV ordinarily does not arrange to have the peace officer testify. However, the DMV reserves the right to call the officer if his/her testimony is needed. You may subpoena the officer or any other witness(es) you feel may help your case and have relevant testimony or evidence to present. You are responsible for paying the required fees and for making sure your witness(es) receives the subpoena.
After the hearing decision, you may submit a written request for a department review within 15 days of the effective date of the notice. The fee for a department review is $120 (California Vehicle Code (CVC) §§14105.5, 14907).
To reinstate your driving privilege after an APS suspension/revocation, you must:
  • Pay a $125 reissue fee to the DMV (CVC §14905).
  • File proof of financial responsibility (i.e., a California Insurance Proof Certificate [SR 22], $35,000 cash deposit, surety bond, or self insurer certificate underCVC §16430).
  • Maintain proof of financial responsibility for three years.
                                             You Need a Good Attorney...

Call James M Crawford at (714) 538-0305 now.

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

DUI - What Now?

You have  just been arrested for DUI. What happens now?

The officer is required by law to immediately forward a copy of the completed notice of suspension or revocation form and any driver license taken into possession, with a sworn report to the DMV. The DMV automatically conducts an administrative review that includes an examination of the officer's report, the suspension or revocation order, and any test results. If the suspension or revocation is upheld during the administrative review, you may request a hearing to contest the suspension or revocation.
You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order. If the review shows there is no basis for the suspension or revocation, the action will be set aside. You will be notified by the DMV in writing only if the suspension or revocation is set aside following the administrative review.

Dont take any chances...

Call James M Crawford at (714) 538-0305 now.

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

Saturday, October 27, 2012

Appeal Now

File An Appeal Now

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,
contact James M. Crawford today.

Call James M Crawford at (714) 538-0305 now.

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

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.

Mr. Crawford handles Orange County Juvenile cases.  If you need an Orange County Juvenile Lawyer call or contact us by email today.

Call James M Crawford at (714) 538-0305 now.

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

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