Year: 2021

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The Impact of Covid 19 on Criminal Courts

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In March of 2020, the COVID-19 pandemic dug its roots deep into every facet of our society, our economy, and even our justice system.  For the first time in modern history, the majority of California Courts completely shut down.  This is true not only of the civil court system, but also the criminal system, leaving inmates unsure of when they would have their day in court.  Nobody knew when operations would resume, attorneys were unsure of what the immediate future held for their clients, and all we could do was wait for the courts to respond.  Now, nearly a year later, court operations are finally inching closer to being fully functional, but criminal courts have been affected as a result of safety measures put in place during the COVID-19 pandemic.  These changes not only affect cases filed in the “pre-pandemic” era, but also those that will be filed in the future.

person worried

In the “pre-pandemic” era, with limited exceptions, criminal matters were required to be heard in person, whether misdemeanor or felony.  That is no longer the case.  In an effort to uphold CDC guidelines and avoid crowded courtrooms, counties throughout California now allow for the majority of hearings to be conducted telephonically or through video conferencing, thereby eliminating lengthy commutes to and from courthouses in rush hour traffic, and eliminating “in-court” appearance requirements for criminal defendants and their attorneys.    

While the elimination of certain “in-person” appearances may be construed as a convenience, in reality, in the beginning it was anything but convenient.  Not only were criminal attorneys and litigants appearing remotely, but so were judges and courtroom staff. Many judges were left to determine which cases could be postponed during the pandemic and which cases must move forward.  Even more frustrating for criminal attorneys, for a period of months courts prohibited the filing of new non-essential proceedings (anything other than violent felonies), leaving clients frustrated and confused as to why their case was not moving forward.  Luckily “non-essential” filings have since resumed, but remain on a much smaller scale.  As a result, many cases have become protracted and lengthy due to COVID-19 quarantining, the need to limit the volume of cases on the court’s calendar, and the general lack of full functionality of the court system.  Time restrictions have been lengthened on when a case can proceed to trial, and priority has been given to “essential cases.”

People working

In an effort to change with the times, many law offices, including MBM & ASSOCIATES, have taken measures to maintain operations in light of COVID 19 restrictions by eliminating in-person contact all together, and becoming virtual.  MBM & ASSOCIATES has taken a hybrid approach, allowing for virtual court appearances, virtual client consultations, and a virtual work environment to ensure the safety of both its employees and the public.  Even so, MBM & ASSOCIATES continues to maintain a physical office where clients can meet in person when necessary to ensure their peace of mind in maintaining confidentiality, while at the same time respecting social distancing and CDC guidelines. 

 

As the “new normal” continues to evolve, so will MBM & ASSOCIATES.  If you are looking for legal help for you or your loved ones, don’t wait; contact us today.

TPS for venezuelans Cover

Venezuela is Now Designated. TPS for Venezuelans.

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Venezuelans residing in the United States as of March 8, 2021 now qualify to apply for Temporary Protected Status (TPS) for 18 months up through September 2022. This will allow otherwise ineligible Venezuelans to remain in the United States due to “temporary” conditions in Venezuela that would prevent a safe return home. Individuals who are granted TPS are protected against removal (deportation) from the U.S. In addition, they are eligible to apply for work permits and travel authorization.

It is important to note that the TPS for Venezuelans period itself is temporary and does not lead to a permanent immigration status.

 

For years Venezuela has been engrossed in a political and economic crisis, including dangerously severe living conditions marked by widespread hunger, malnutrition, crime, a growing influence and presence of privately funded, non-state armed groups, repression and a decaying infrastructure. In essence, Venezuela is unable to protect its own citizens.

Eligibility Requirements

To qualify for TPS for Venezuelans under this designation, an individual must be:

  • A national of Venezuela or, if the person has no nationality, s/he must have last habitually resided in Venezuela.
  • Must have been continuously residing in the United States as of March 8, 2021, and must have remained “continuously physically present” in the U.S. since March 9, 2021.

The filing deadline is September 5, 2021.

 

As of October 2020, the US granted TPS benefits to approximately 411,000 people from 10 countries. The conditional status currently shields approved applicants from El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Yemen and now there’s also a TPS for Venezuelans.

Our offices are able to assist in preparing and submitting your TPS application. If you or someone you know believe you may qualify, contact our offices today for a free consultation.

 

For more information on Venezuela’s TPS designation, please click on the link below Temporary Protected Status Designated Country: Venezuela | USCIS

Domestic Violence, Cover

Domestic Violence Hurts In More Than One Way

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Top Implications of Domestic Violence

With the hustle and bustle of the American way of life, I have often heard people say they wished they had more time to spend at home with their families and loved ones.  In March of 2020 those people got their wish to the extreme as our country was backhanded with a wave of COVID 19.  Businesses were forced to close and most people were ordered to stay at home to avoid further spreading the virus.  Households were essentially forced to spend time together, and while this may have seemed in one way like an opportunity to bond, in some instances, the closed quarters and many frustrations that came with quarantining led to cabin fever, anger, and domestic violence. 

Since March of 2020, we have seen that incidents related to domestic violence aren’t slowing down. Instead, they are on the rise. No act of domestic violence is justified, nor should COVID 19 be used as a blanket excuse to condone such behavior in our homes.  Domestic violence doesn’t only harm its victims physically, but it has a lasting impact that over time can be damaging to the victim as a whole if not appropriately treated. The major aim of this post is to reveal some of the most noteworthy effects.

 

Low self-esteem 

Domestic Violence, Low Self-steem

This is probably one of the most notable effects of domestic violence on children. Numerous studies have shown children who fall victim to or who witness acts of domestic violence in their homes carry low self-esteem and lack the confidence needed to perform to the best of their abilities.  The same can also be said of a wife who suffers from Battered Wife Syndrome, a form of post-traumatic stress disorder where a woman may develop a learned helplessness that causes her to believe she deserves to be abused.  Domestic violence has always been known to leave emotional scars.  If left untreated, such scars can affect many aspects of the victim’s life, including relationships, professional and personal goals, and overall sense of self-worth. 

Depression 

Domestic Violence, Depression

Depression can be another side effect of domestic violence.  In such instances, the victim may experience feelings of hopelessness, sadness, irritation, tiredness and/or sleep disorders, loss of interest/lack of pleasure, loss of appetite, and even feelings of worthlessness or thoughts of suicide.  It is important to note that domestic violence need not only be the act of physical abuse, but it also is now commonly defined broadly to include all acts of physical, sexual, psychological or economic violence that may be committed by a family member or intimate partner.  Given the range of possible abusive acts, it is not surprising to find depression a common side effect.

If you or someone you know is suffering from depression as a result of domestic violence, it is important to seek help in improving mental health.  If left untreated, depression can cripple the victim’s lifestyle, causing their sense of self and mental well being to deteriorate over time.

Aggression 

Domestic Violence, Family Agression

Unfortunately, observed behavior can be passed down, particularly in children.  In some instances, the aggressor who commits the act of domestic violence does so because in their mind, there is no other way to express their feelings of aggression.  Violence is all they know as their outlets are limited.  For example, a man comes home from work after receiving bad news.  The man is upset and angry.  His wife has done nothing wrong, but the anger is physically taken out on her, which in turn relieves the man’s feelings of anger and aggression.  This is NEVER okay.

Sadly, children who witness acts of domestic violence inflicted by their parents have in some cases adopted this behavior, and are the most affected in this regard as they can believe violent behavior is normal. This is particularly true when the parents (especially mothers) are being physically abused in various ways on regular basis. 

 

What’s The Point?

Hopefully this article has provided a basic sense of how domestic violence can affect not only its victims, but those who witness it as well.  Having this knowledge, it is important to always consider how our actions impact those around us, both in the long and short term.  If you are a victim of domestic violence, you may not even realize how your life has been shaped by its scars.  It can’t hurt you to seek help.  Once you’ve hit the bottom, the only place you can go is up.