by Sal Giambona | Mar 21, 2023 | Domestic Violence, Felonies
Domestic battery charges are no laughing matter. Your reputation with your family, at work and in your community can be negatively impacted even if you are not convicted. If you are convicted, you could lose important rights. So, it is to your benefit to understand...
by Denis Honeychurch | Apr 16, 2021 | Domestic Violence, Felonies, Misdemeanors, Sex Offenses
U-Visas – Gaining Legal Residency Status as a Crime “Victim” A “U visa” permits undocumented individuals to gain legal status to remain temporarily in the United States on the basis of her status as the victim of domestic violence,...
by Denis Honeychurch | Jan 25, 2019 | Domestic Violence, Felonies
Under Crawford v. Washington, ((2004) 541 US 36), out of court statements by witnesses that are testimonial are barred under the Confrontation Clause of the Sixth Amendment, unless witnesses are unavailable and the defendant had prior opportunity to cross-examine...
by Denis Honeychurch | Jan 10, 2019 | Domestic Violence
Domestic violence allegations are complex cases for a number of reasons. One of the areas that such cases differ from average criminal cases is that ordinary rules that govern the admission of evidence related to reports, arrests, or convictions suffered by a...
by Denis Honeychurch | Feb 9, 2018 | Domestic Violence, Drunk Driving, Felonies, Firearms, Juvenile, Misdemeanors, Three Strikes, Traffic Cases
Almost all states, as well as the Federal Government, have codified their criminal laws into statutes that one can refer to in text form. The Courts interpret the statutes and determine the intent of the Legislature, and, when the statutes are challenged as...
by Denis Honeychurch | Jan 30, 2018 | Domestic Violence, Drunk Driving, Felonies, Misdemeanors
Generally, a criminal defendant must be personally present in felony cases. Cal. Penal Code § 977(b). However, this general rule does not apply in most misdemeanor cases, and the defense attorney may appear on their client’s behalf. See Cal. Penal Code § 977(a)...