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.”

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.

The post The Impact of Covid 19 on Criminal Courts appeared first on MBM & Associates | Orange County Attorneys.

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

The post Venezuela is Now Designated. TPS for Venezuelans. appeared first on MBM & Associates | Orange County Attorneys.

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 

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 

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 

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.

The post Domestic Violence Hurts In More Than One Way appeared first on MBM & Associates | Orange County Attorneys.

Driving while impaired is a risk to yourself and those around you. If you struggle with alcoholism, then operating a motor vehicle probably isn’t the best idea; however, if you are accused of a DUI, whether guilty or not, MBM & ASSOCIATES can help to ease the burden and make sure you case is resolved fairly. Having represented hundreds of Defendants in similar situations, MBM has the experience and “know-how” to take care of you.

WHAT IS A ‘DUI’?

DUI means operating a vehicle while impaired by drugs or alcohol. This even includes prescription drugs that may impair your abilities. When in control of a vehicle, it is highly advised you avoid drinking alcohol or using any impairing substance. The name, driving under the influence, may vary depending on what state you are in. In some jurisdictions, a DUI is charged as an OUI (operating under the influence) or DWI (driving while intoxicated). All three have the same meaning.

The most common DUI offense is that of a person driving a car on the street; however, It is important to note that DUI offense DO NOT only apply to driving car. In fact, a DUI applies to persons operating the following modes of transport:

• Motorized watercraft
• Mopeds
• Lawnmowers
• Non-motorized bicycles

That’s right; you can get a DUI simply for riding your bicycle after a few beers.

WHAT HAPPENS IF YOU ARE CAUGHT?

If a police officer believes you are driving under the influence of alcohol or drugs, in most jurisdictions you will be arrested and taken to the local jail for processing. Depending on the severity of the incident, you may be released without having to post a bail bond (on your own recognizance) or if there are serious injuries involved, you may be required to post a bail bond sufficient to ensure you are not a flight risk or danger to society.

It is important to remember you are presumed innocent until proven guilty. If proven guilty, your sentence will depend in part on the aggravating circumstances applied to the state’s law. Consequences of a DUI guilty plea may include:

1. Jail Time

   This solemnly depends on your state. If this is your first offense and there are no aggravating circumstances, it will likely be considered a misdemeanor and is punishable by up to six months in county jail. If it is a repeat offense or if there are aggravating circumstances (i.e. felony and blood alcohol concentration), then your jail time may increase.

2. Fines

   A DUI guilty plea carries with it court fines and fees. The amount will vary depending on your state and jail time. If your jail time is greater, then the fines and fees are typically greater as well.

3. Problems with driver’s License

   The court system and DMV do not work together and have their own separate set of rules; however, in most states, being arrested for a DUI will result in your driver’s license being suspended even without having yet been convicted. If you are later found innocent, your license will be automatically reinstated.

In most cases, a license suspension is for a specific period of time and is normally linked to the number of times the driver has been convicted of the same offence. It can amount to six months for a first offence, two years for a second DUI conviction and the third, not less than three years depending on the jurisdiction.

If you are found guilty of a DUI, it is important that you work with the Court and DMV to ensure you are issued a provisional license after your conviction. Can you imagine getting pulled over and then having to defend another criminal case for driving on a suspended license?

WHAT TO DO AFTER A DUI ARREST?

As mentioned earlier, a DUI is a serious offense; however, you may be able to help yourself though the process by taking the follow steps from the very beginning:

1. Contact a DUI attorney
2. Locate a bail bondsman
3. Request a DMV hearing
4. Prepare for your arraignment

These steps are crucial, but above all it is important to contact an attorney to help you manage and defend your case. In choosing an attorney, you should look to those who have substantial experience in criminal law to avoid spending time behind bars. Our attorneys at MBM & ASSOCIATES have helped hundreds of people just like you. We have the experience, reputation, and know-how to make sure your rights are protected. If you are looking for advice, contact our offices today to schedule a free consultation.

The post What to do After a DUI Arrest appeared first on MBM & Associates | Orange County Attorneys.

One thing I’ve learned in the legal profession is that a little advice goes a long way, especially legal advice. This morning, while I was sitting in the family law courtroom waiting for my client’s case to be called, an elderly woman sat down next to me and we began talking. As our conversation progressed, she began explaining her dilemma. She told me she was in court trying to obtain child support from the father of her granddaughter. The mother had sadly passed away, and she responsible for raising her granddaughter as the father was not fit to be a parent. I offered to review the paperwork she had filed with the Court to see what could be done. As it turned out, there was a prior child support order to the deceased mother that likely could be enforced if the right measures were taken.

In this situation, the question becomes: What can a grandmother do protect the interests of her granddaughter (whether the purpose is to collect child support or otherwise)? Simply put, the answer is “Grandma” seek to be appointed “GUARDIAN AD LITEM,” and bring a motion to enforce the prior order.

For the purposes of this blog, we will analyze this particular situation, wherein the goal is to collect on child support.

A GUARDIAN AD LITEM is a person appointed by the court to represent and advocate the best interests of a minor child, until the child comes of age. In family court, a GUARDIAN AD LITEM can be appointed in contested custody and visitation cases, child support cases, name changes, adoptions, Department of Social Service abuse and neglect cases, and termination of parental rights.

Here, absent a court order for GUARDIAN AD LITEM, the only person who can advocate on behalf of the child is the child’s father – the same one who has not been paying on the prior support order. It is unlikely that “Dad” would be willing to advocate against himself. As such, Grandma can ask the court to appoint her as a GUARDIAN AD LITEM, which would allow her to bring an action to force Dad to pay on the prior order. Assuming Grandma is appointed GUARDIAN AD LITEM and the prior order is enforced, Grandma will then be able to contact Child Support Services and withdraw the collected child support for the benefit of her granddaughter.

Coming back full circle, I advised Grandma of my analysis. She was very grateful for this token of advice. I further advised her that it would be in her best interests to seek an attorney who could assist her in preparing the necessary documentation to secure the relief she was seeking.

It is important to remember that a GUARDIAN AD LITEM seeks only to represent the interests of the minor child, not to act in their own interests. It is a selfless act, but carries with it a fiduciary duty to the court and to the minor child.

This quick reference is only meant to provide a brief overview of a particular scenario; however, every case is different. If you seek further information on this topic, or any family law topic for that matter, please contact our office so we may further assist you.

The post What Can a Grandmother Do? appeared first on MBM & Associates | Orange County Attorneys.

One of the most common questions we hear in our office is “when can I erase, expunge, or vacate a conviction from my record”? Unfortunately, the real question is not about WHEN can I erase this conviction, but CAN I erase the conviction at all.

One way to clean up a prior criminal conviction is to petition the court for dismissal under PC § 1203.3 or 1203.4, et al. The code in its most basic description provides that if you have been convicted of certain felony or misdemeanor offenses, you can ask the court to change your plea of guilty to not guilty. If the motion is granted, the court has the ability to erase the conviction and dismiss the case in its entirety, almost as if it never happened.

Sounds simple, right? Not quite. What many people fail to realize is that not every conviction can be erased by a Petition for Dismissal. The question then becomes “who is eligible”? As the list for eligibility is rather lengthy, a more efficient way to analyze this question is by determining who is not eligible for this type of relief.

• First, you are not eligible if you were convicted of a felony or misdemeanor and were sentenced to state prison. This is a statutory bar without exception, so if you went to state prison, this is not relief you should seek as it will be denied.
• Second, you are not eligible if you did not complete the terms of your probation (including payment of court fines and fees). For example, if you pick up a new case or your probation was revoked and not reinstated (meaning you served some time behind bars instead of completing probation), then your petition will not be granted.
• Third, you are not eligible if you are serving a sentence for any offense, are still on formal probation or informal probation for any offense, or a charged with the commission of any new offense. It must all be water under the bridge with a crime free lifestyle.
• Fourth, if you were convicted of a crime within one year of the pronouncement of judgment, you likely will not be eligible. In this circumstance is would be best to argue a dismissal is in the interests of justice. This issue will be discussed in further detail at a later date.
• Finally, certain convictions are simply not eligible for dismissal at all. These typically include violations of Vehicle Codes on reckless driving to avoid a peace officer, and crimes of sexual assault and public indecency.

At the end of the day, what all this means is a Petition for Dismiss.

al is not for everybody. If you are considering cleaning up your criminal record, it is imperative to reach out to an experienced criminal law attorney who will be able to guide you down the appropriate path.

The information provided above is not to be taken as a guarantee. It is important to remember that no two cases are alike, and your chances of relief will vary depending on a combination of factors. If you have particular questions, contact our office, or comment below.

The post Cleaning Your Criminal Record. What You Must Know! appeared first on MBM & Associates | Orange County Attorneys.