Category: Uncategorized

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The Impact of Covid 19 on Criminal Courts

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.

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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.”

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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.

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