Archive for the ‘Court’ Category

Initial Court Appearance After Arrest

After an individual is arrested for allegedly committing a crime, certain legal proceedings will take place. Although the presence of an attorney is not required, it is in your best interest to obtain the assistance of a knowledgeable criminal attorney who will properly represent you and answer any questions you may have. If you or a loved one has been arrested, don’t take a chance. Contact Irvine criminal lawyer Staycie Sena for to see what she can do for you.

Initially, the individual will be booked by the police and placed in a holding cell until his initial court appearance. The initial appearance will be the first proceeding in front of a judge. During this appearance, the judge informs him of his rights and assesses his case to determine whether there is probable cause for the initial arrest and holding.

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Fatal DUI-Related Accident in Orange County

A 27-year old Orange County man is being arraigned on driving under the influence and murder charges after he allegedly caused a DUI-related accident that killed his 20 year old nephew.

Apparently, the alleged driver, Tapu Aniceto Sitagata, was drinking with a group of friends and family members when they were asked to leave the bar after becoming too rowdy. While still in the bar’s parking lot, both the bartender and a local arresting officer offered to call a taxi to take the group home. Sitagata and his friends refused, claiming a taxi cab had already been called.

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Did Singer Chris Brown Violate Probation?

Things were looking up for pop singer Chris Brown. After pleading guilty to felony domestic violence charges against fellow pop singer Rihanna in June, 2009 and agreeing, among other things to complete 180 days of community service and a 52-week batterer’s treatment program or domestic violence class, Brown appeared in court recently to show proof that he had completed his program. He was also successful in getting a restraining order against him modified to allow peaceful contact with Rihanna. Brown remained, however, on 5 years of formal probation.

That may now prove problematic.

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But, My Uncle Died…. Why Judges Hate Excuses.

I was in Bellflower Superior Court yesterday when a 30-something year old woman was taken into custody for failure to complete her batterer’s treatment program or anger-management classes. The public defender tried earnestly to appeal to the judge’s sympathies, explaining that the girl had suffered a pulmonary embolism and had not been working, so she couldn’t afford to pay for the classes. Yikes! A pulmonary embolism? People die from that! The woman did look healthy, but that certainly seemed like a reasonable excuse for being behind in court-ordered classes. The judge took a moment, flipped through the court file and finally said “if she wants to admit her probation violation, I’ll give her 120 days in jail.” 120 DAYS??? The injustice! How could the judge be so unforgiving? I mentally rallied to the girl’s side, until the judge sighed “counsel- she’s had FIVE years to get these classes done.” The woman took the 120 days.

This scenario is not uncommon. Walk into any Orange County criminal courtroom and you will undoubtedly see either someone with an excuse for having not performed some court-ordered obligation or being taken into custody for not performing some court-ordered obligation. This is a look at the most common (and most frustrating) excuses that judges and lawyers or attorneys hear and an explanation as to why they often fall on deaf ears.

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