Posted by Joel Bailey | Mar 15, 2017 |
Why Not Just use the Public Defender?
Do you really need to retain a private attorney when faced with a DUI, Domestic Violence, or Drug Case? Although the Public Defender is only appointed for indigent defendants, many people try to save money by asking for them. Does a private attorney really ...
Posted by Joel Bailey | Feb 22, 2017 |
Trump's Immigration Order to Change Everything if Enforced: I've attached below the text of the initial pages of an executive order from President Trump regarding Deportation of aliens. This order, if found to be legal and enforceable, will have sweeping and devastating effects on our criminal j...
Posted by Joel Bailey | Oct 10, 2016 |
The internet can be a very mean place to be. Twitter exchanges can get heated, comments on social media profiles can turn nasty, and it takes just a comment or two for a news article's discussion section to turn into an all-out flame war.
Why does this happen so much? Well, the anonymity of the...
Posted by Joel Bailey | Sep 12, 2016 |
The most typical kinds of theft usually involve an act of physical force such as burglary or robbery, but the state of California recognizes another kind of theft. This theft, called theft by false pretenses, is when someone convinces another person to voluntarily give them their property by sayi...
Posted by Joel Bailey | Aug 31, 2016 |
In California, possession of illegal weapons can be either a felony or misdemeanor, depending upon the weapon possessed and, in some cases, the discretion of the prosecutor. By the way, Penal Code Sections 19910 through 22810 are merely re-classifications of weapons that were controlled or prohib...
Posted by Joel Bailey | Aug 24, 2016 |
Getting arrested for a DUI in California is traumatic, embarrassing, expensive and humiliating. With maximum punishments including up to six (6) months in jail, $3700 in fines, and loss of driving privileges, you deserve to invest in a competent, aggressive attorney to defense your money, time a...
Posted by Joel Bailey | Aug 12, 2016 |
Have you or someone you know been investigated or arrested for Welfare Fraud? If you have received public aid, but either misrepresented income, assets, or the composition of your family, you may be investigated and/or charged with crimes like Perjury (118 PC) or Welfare Fraud (Welfare & Institut...
Posted by Joel Bailey | Aug 10, 2016 |
Many people know the feeling of losing a credit card, and too many know what it's like to see charges you aren't responsible for on your statement. Luckily, there are federal laws that place limits on your liability for unauthorized credit card charges, ATM withdrawals and debit purchases. The fi...
Posted by Joel Bailey | Aug 05, 2016 |
What is a Civil Harassment (CH) Restraining Order(TRO)?
A CH TRO is an ex parte order of the court, prohibiting a person from harassing, stalking, threatening or using violence upon you. (ex parte means without the other side, so that's why the initial order is only temporary, until the other s...
Posted by Joel Bailey | Jul 25, 2016 |
In the wake of so many devastating high profile mass shootings in the United States, California's legislature approved several bills that aim to keep the state's residents safe from such gun violence.
New restrictions on gun laws in California
New gun legislation that was initiated after the ...
Posted by Joel Bailey | Jul 12, 2016 |
The death penalty is the highest form of punishment our society can impose, making it extremely important that defendants being tried for this receive all of their civil rights protections in these cases. California's death row is the largest in the country, condemning over 700 prisoners. Since 1...
Posted by Joel Bailey | Jul 08, 2016 |
First, thank you for your service to our great country. California recently passed a bill recognizing the trauma caused by prior and current military service. The military diversion program (1001.80 PC) creates process whereby active military or veterans can apply for a pre-plea diversion, with...
Posted by Joel Bailey | Jul 01, 2016 |
If you've never been arrested, and aren't familiar with the system, how do you know which criminal defense attorney to pick?
If you look online or in the yellow pages, it seems every attorney these days boasts about being the best, making promises regarding their experience, reputation and abil...
Posted by Joel Bailey | Jun 24, 2016 |
Identity theft rarely happens, so it's pretty likely that it will never happen to you, right? Wrong! Identity theft is extremely common, affecting an estimated 9 million Americans every year. Making sure your personal information is protected is important in preventing identity theft. There are a...
Posted by Joel Bailey | Jun 22, 2016 |
If you are not a US citizen, a conviction in the US can result in deportation, exclusion and removal. Federal immigration law changes rapidly, so consulting a seasoned professional criminal defense attorney, and possibly even an immigration law specialist, is always in your best interest if faci...
Posted by Joel Bailey | Jun 08, 2016 |
California's three strikes law is a harsh sentencing law that was enacted in the 90's to punish offenders that continually commit serious and violent crimes. Any offenders convicted of serious and violent felonies three times will face 25-years to life in prison. While the law was created with th...
Posted by Joel Bailey | Jun 07, 2016 |
YOU MUST RESERVE A DMV HEARING WITHIN TEN (10) DAYS OF YOUR ARREST
You can avoid DUI DMV suspensions with the right attorney in certain circumstances. If you have been arrested for a DUI in California, it is imperative that you request a DMV Admin Per Se (APS) hearing within 10 days of the dat...
Posted by Joel Bailey | Jun 07, 2016 |
If you or someone you care about is facing a felony charge in California, and has an out-of-state prior alleged, you need a local, aggressive criminal defense attorney to challenge the validity of the prior convictions.
California law requires enhanced punishments under the Three Strikes law, i...
Posted by Joel Bailey | Jun 02, 2016 |
California Has Mandatory Sentencing for Serious or Violent Priors, which can seriously impact the amount of custody a defendant may serve.
Under 667(b-i) PC and 1170.12 of the Ca. Penal Code, a person who has previously suffered a serious or violent felony conviction in California, or a convict...
Posted by Joel Bailey | May 23, 2016 |
The most common white collar crimes typically involve some type of fraud or theft. Punishment can vary greatly from simply an order of restitution to mandatory state prison sentences, with enhancements for high-value losses. There are many different types of “white collar crimes” and the punis...
Posted by Joel Bailey | May 20, 2016 |
In California, there are two basic types of restraining orders, Civil Harassment (CCP 527.6) and Domestic Violence (DV TRO's). Today I'll focus on DV TRO's, who can get one, what they do, and what should you do if you have been served with one?
WHAT IS A DV TRO?
A DV TRO is an order r...
Posted by Joel Bailey | May 05, 2016 |
Although California's Marijuana laws are not as strict as some other states, it is still illegal for recreational use. It should also be noted that Federal law still prohibits possession of marijuana for any reason, medical or otherwise. California still prohibits possession, cultivation, distrib...