LEGAL AID FOUNDATION OF LOS ANGELES

Size: px
Start display at page:

Download "LEGAL AID FOUNDATION OF LOS ANGELES"

Transcription

1 LEGAL AID FOUNDATION OF LOS ANGELES Volunteering at LAFLA Domestic Violence Eviction Defense Expungements

2 What this training covers: Overview of LAFLA Legal Overview: Domestic Violence Restraining Orders Unlawful Detainer Process Expungement Process

3 LAFLA is a nonprofit community-based organization that provides comprehensive free legal services to low-income individuals in greater Los Angeles. LAFLA is committed to promoting access to justice, strengthening communities, fighting discrimination, and effecting systemic change through representation, advocacy, and community education. To achieve our mission, LAFLA s expert team of attorneys, paralegals, and support staff work in the community to assist individual and group clients through advice and counsel, litigation and education.

4 Legal Assistance for Low-Income Individuals is Limited According to one study, the ratio of legal aid attorneys to low-income persons was approximately 1 to 8,373 in California. There are approx. 800 legal aid attorneys in California Only 1 person out of 4 people in poverty actually get legal help

5 Poverty in Los Angeles County The county's poverty rate is higher than the rest of the nation's. More than 1.47 million people (15% of the county's population) live on an income of $22,000 a year for a family of four. The national average is 13%. Nearly four in 10 people in L.A. County suffer from extreme poverty Individuals living on less than $5,400 a year for a single person or about $11,000 for a family of four United Way Report

6 LAFLA s Clients Often live in substandard housing Domestic Violence Survivors Victims of Crime Elderly Disabled Veterans Low-income

7 What are the Community s Legal Needs? LAFLA s Project Areas: Consumer Law Housing Law Eviction Defense Family Law Employment Law Immigration Law Community Economic Development Government Benefits Medical Legal Partnership Veteran s Justice Center Asian & Pacific Islander Community Outreach Access to Justice

8 Partnering with LAFLA Trial Experience * Client Interviews * Discovery * Depositions * Draft Pleadings/Motions * Direct/Cross * Closing arguments Abbreviated Process UDs over in about 45 days DV Restraining Orders over in about a month Expungement clinic just 2 hours a month Learn Substantive Law Landlord/Tenant, Family Law, Expungements Evidence Civil Procedure Court Fees Waived Mentoring

9 DOMESTIC VIOLENCE RESTRAINING ORDERS Jimena Vasquez Supporting Families Attorney Legal Aid Foundation of Los Angeles 9

10 What is Domestic Abuse? DV or battering is the use of force to control and maintain power over another person. 10

11 Case Study Ann is 24 years old and has two children, a 1 year old and three year old, with her ex-boyfriend. They broke up 5 months ago when she left their home after a violent incident. On that day he pulled her by the hair and violently threw her to the ground. She didn t call the police. After she left, things seemed better and he was visiting with the kids and giving her money. But, recently he has become aggressive and confrontational at exchanges. At the most recent exchange he threatened to make her life miserable. She has come to a clinic to see what she can do. 11

12 What is Domestic Abuse? DV is abuse against any of the following persons: Spouse/former spouse; cohabitant/former cohabitant; girlfriend/ex-girlfriend; person you had a child with; a child of a party; any person related by blood, adoption. or marriage. If you are experiencing domestic violence, there are many things the law and you can do to help 12

13 Different Types of Restraining Orders Emergency Protective Order (EPO) Issued by law enforcement upon verbal order by judge on call 24/7. Good for up to 7 calendar days. Temporary Restraining Order (TRO) Preliminary restraining order. Good for 21 days - until service and Court hearing. Restraining Order After Hearing (ROAH) Good for up to 5 years. Renewable before expiration Criminal Protective Orders (CPO) Gov t Attorney can request it for witness Protection of witness pending Trial Can be issued for up to 10 years 13

14 What is a Restraining Order? (In Family Law Cases) Court order (on a piece of paper) that keeps someone from doing something Domestic Violence Prevention Act DVPA is the law that sets the rules for restraining orders. REQUIREMENTS: abuse and domestic relationship. Definition of abuse: intentionally or recklessly to cause or attempt to cause bodily injury or engage in behavior prohibited by Family code Section 6320 (stalking, harassment, etc) 14

15 Types of Orders Ann can get? Three Primary Orders: Stay-away order from you, home, work, car, school - usually 100 yards Personal conduct orders- not harass, attack, strike threaten, assault (sexually or otherwise), hit, follow, stalk, molest, destroy personal property, disturb the peace, keep under surveillance or block movements Residence exclusion- also known as a kick-out order when there is a right under color of law to possession 15

16 Types of Orders you can get? Custody Visitation Child Support Firearm restriction(relinquish within 24 hours of service) Batterer's Treatment Program Property Control (Exclusive Use) Property Restraint (Married persons only) Debt Payment Animal Protection Attorneys Fees and Costs Restitution (Payment for costs and services) 16

17 The Process of Getting a RO: Request RO and TRO (temporary RO) Judge decides same day whether to grant TRO Whether or not TRO granted, given a Court day for hearing If granted Court gives you ROAH Attend hearing where Judge decides whether to grant the RO Serve the other side before the next hearing 17

18 Request For Restraining Order 18

19 Request for Restraining Order 19

20 Drafting & Writing The order is form driven Victim declaration is key to getting a restraining order Petition must state facts sufficient for issuance of TRO application under Fam Code 241, and 6301 Use open ended questions, understand that clients have been traumatized and may be unfocused and not remember things well or chronologically 20

21 Drafting and Writing 21

22 Drafting and writing 22

23 Going to Court Ann must show: Reasonable Proof of Past Act or Acts of Abuse FC 6300 By a Preponderance of the Evidence FC 210, CRC 5.21, EC 115; in dicta Konrad v. Ritchie, 115 Cal.App.4th 1275, 1288 (2004) What Proof Does Ann have? Text messages Voice messages Pictures witnesses 23

24 Restraining Order After Hearing If prevail, the court will find that the party has abused the other A restraining order should issue for up to 5 years The court will then make custody orders if necessary. 24

25 The Work of LAFLA s Supporting Families Unit Direct provision of family law and immigration law services to survivors of domestic abuse, trafficking, and sexual assault Family law intake conducted via walk-in courthousebased clinics and through direct referrals from service providers and government agencies Limited representation in family, immigration and probate court and appellate work Case management services 25

26 Legal Aid Foundation of Los Angeles Family Law/Domestic Violence Clinics Courthouse-based clinics all first-come, first-served, walk-in clinics Toll Family Law Counseling Center 111 N. Hill Street, Room 245 Los Angeles, CA M, W, F 8:30 a.m. to 11:30 a.m. and 1:30 p.m. to 3:30 p.m. Long Beach Domestic Violence Clinic 415 W. Ocean Blvd., Room 40-C Long Beach, CA M, W, F 9:00 a.m. to 11:30 a.m. and 1:00 p.m. to 3:30 p.m. Santa Monica Domestic Violence Clinic 1725 Main Street Santa Monica, CA Monday through Friday 8:30 a.m. to 11:00 a.m. Client Information Line (800)

27 LEGAL AID FOUNDATION OF LOS ANGELES The Frontline Law Firm for Poor and Low-income People in Los Angeles Eviction Defense Training

28 What this training covers: Importance of eviction defense Brief Overview of Unlawful Detainer Law and Process

29 Importance of Eviction Defense Represent low-income tenants who otherwise would lose in court Help prevent homelessness Help stabilize families

30 UD Filings in LA County Stanley Mosk Courthouse (Downtown L.A.): 18,727 Santa Monica Courthouse: 4,643 Long Beach Courthouse: 4,255 Inglewood Courthouse: 2,972 Torrance Courthouse: 1,811 San Pedro Courthouse: 1,371 Bellflower Courthouse: 1,339 East Los Angeles Courthouse: 817 Total UDs filings county wide: 74,417

31 What is an Unlawful Detainer? Cal. Civil Procedure 1161(1) = When he or she continues in possession, in person or by subtenant, of the property, or any part thereof, after the expiration of the term for which it is let to him or her Unlawful Detainer Proceeding = A statutory procedure by which a landlord can legally evict a tenant.

32 UD Statutory Law Unlawful Detainer Process (CCP a) Hiring of Real Property (Civil Code ) Los Angeles Rent Stabilization Ordinance (L.A.M.C ) Costa-Hawkins Rental Housing Act (Civil Code ) Ellis Act (Condo Conversion) (Government Code )

33 Secondary Resources California Practice Guide: Landlord-Tenant, The Rutter Group California Eviction Defense Manual, Moskovitz (CEB) California Landlord-Tenant Practice, Moskovitz (CEB) California Tenants: A Guide to Residential Tenants and Landlords Rights and Responsibilities Landlord-Tenant Handbook

34 Stages of the Eviction Process 1. Notice a) Type of Notice b) Service of Notice 2. Complaint 3. Answer 4. Trial Preparation 5. Settlement 6. Court

35 EVICTION PROCESS THE UNLAWFUL DETAINER (EVICTION) PROCESS 3/30/60/90/120-DAY NOTICE SUMMONS AND COMPLAINT 5 days ANSWER About 1 week TRIAL NOTICE About 1-2 weeks COURT SETTLE TRIAL DISMISSAL I HAVE NO GOOD LEGAL DEFENSES I WANT TO MOVE I HAVE NO $$ TO PAY BACK- RENT I HAVE GOOD LEGAL DEFENSES I WANT TO STAY IN MY HOME I HAVE THE $$ TO PAY BACK- RENT TENANT STAYS & PAYS RENT TECHNICAL DEFENSE HABITABILITY DEFENSE WIN LOSE LOSE WIN PAY RENT In 5 to 14 days you will receive a 5-DAY NOTICE TO VACATE PAY REDUCED BACK RENT SHERIFF LOCK-OUT

36 1st Stage: Types of Notices 3/10/14 Day Pay or Quit 3/10/14 Day Perform or Quit 3 Day Quit 30 or 60 Day Notice to Quit Situations where service of the notice is not required

37 Defects in the Notice (C.C.P. 1161) All notices must strictly comply with CCP 1161 (i.e. must be written) Common Violations: 1) Lack of Who, What, When & Where 2) Generally, cannot include Late Fees 3) Must include Forfeiture languag Cannot demand rent beyond one year Compliance begins to run the day AFTER notice is served. Perform or Quit Notices must allow tenant the opportunity to cure

38 1 st Stage: Service of the Notice A landlord may serve a tenant with the notice using the following (CCP 1162) : - Personal Service - Substitute Service - Nail and Mail Court Notice of Unlawful Detainer Landlord has the burden of proving service was completed if at issue.

39 2 nd Stage: The Complaint Begins the eviction process Notice must be attached to the complaint Lease Agreement Court Notice of Unlawful Detainer

40 Defenses: Defects in the Complaint (CCP 1166) Lease is not attached Tenant is not properly named Tenant is named but the address is incorrect Plaintiff has no standing Complaint filed before expiration of the notice

41 3 rd Stage: The Answer Tenants only have 5 days to respond to the complaint Not filing an Answer will result in Default Judgment Tenant must assert all potential claims or waive them Tenant must also assert any relief sought (i.e. repairs, etc) Tenants have 5 days as of right to file a first Amended Answer. After 5 days, they must seek leave to amend from the court.

42 UD Defenses Technical Landlord must strictly comply with UD procedures Defective Notice Overstates rent due Improper late fees Defective Complaint complaint filed before notice expired Standing No L/T relationship Other Habitability Rent Control violations Waiver/Estoppel Retaliation Discrimination Subsidized Housing Defenses Reasonable Accommodation

43 Defense: Breach of Implied Warranty of Habitability (CC ) Landlord s breach of this provision must be substantial Conditions must affect tenants health and safety Landlord s notice of the uninhabitable conditions may be actual or constructive Breach of Implied Warranty of Habitability requires serious and adverse housing conditions

44 Defenses: LA Rent Stabilization Purpose Ordinance (LAMC et. Seq) Protect tenants from excessive rent increases within the Los Angeles city Qualifying Criteria: Property in the City of Los Angeles Two or more units on the lot (Single Family Dwellings not included) Certificate of Occupancy issued on/before 10/1/1978 Governs: Allowable rent increases Registration of rental units Bases for eviction (tenants can only be evicted for Just Cause reason) Relocation Assistance

45 Stage 4: TRIAL CONSIDERATIONS

46 Pre-Trial Preparation Discovery Same old discovery, shortened time frame (CCP (b)) Discovery should be served within a few days of filing an Answer Ex-parte applications for Motions to Compel and continuances (CRC ) $ in sanctions if P fails to respond Transcript Reimbursement Fund for Depos Pre- Trial Motions Motion for Summary Judgment (C.C.P. 437c) Motion for Judgment on the Pleadings (CCP 438(2)) Motion to Compel (C.C.P ) Jury Trial Demand

47 Client & Case Preparation Secure an interpreter, if needed Interview Client(s) and witnesses Collect evidence and prepare trial exhibits If novel or complex issue, prepare trial brief

48 Step 5: Negotiations with Opposing Party Timing of Settlement - Client Goals - Strength of Case - Defenses and Jury Demands Types of Settlement Terms - Pay & Stay - Time to Move & Waiver of Past Due Rent - Waiver of Attorney s Fees & Costs - If default, judgment may be entered - If complied, can request dismissal. Lodging Stipulation vs. Stipulation for Judgment Always SEAL record (C.C.P )

49 Step 6: Day of Trial The Court Department 94: - Less formal than most courtrooms; No attorney check-in - Commissioner gives an introduction in the morning and the Court will conduct a roll call. - All parties encouraged to settle prior to trial - Law Motion is heard at 1:30 pm everyday Trial Process - Jury Trial or Bench Trial - Settlement Conference - Sent to Dept. 1 for courtroom assignment - Informal Proceeding: usually no opening statement, just direct and cross of witnesses and brief closing arguments - Submit Required documents for Jury Trials

50 Post-Trial Win Make sure client pays all rent due Motion for attorney fees (pursuant to lease) Costs Memorandum Lose Inform tenant of lockout in 1-3 weeks 5 day notice to vacate posted before lockout occurs Relief from forfeiture of the lease (CCP 1179) Consider appeal or post judgment motions

51 CALIFORNIA EXPUNGEMENT BASICS Legal Aid Foundation of Los Angeles Rene Pena

52 AGENDA Statistics Remedies / Eligibility Requirements for Dismissals Procedure and Practice

53 What is a Record Expungement? A record expungement allows individuals who have completed their sentence(s) to dismiss some misdemeanor and some criminal convictions if particular requirements are met. LAFLA operates an expungement clinic on the second Tuesday evening each month to help individuals draft their expungement petitions and declarations on a pro per basis

54 RACIAL DISPARITY People of color constitute 60% of our prison population while remaining a distinct minority of our general population. Racial/Ethnic Disparity in Incarceration in CALIFORNIA Black : White Ratio 6.5 to 1 We incarcerate Latinos at almost twice the rate of their white counterparts.

55 Employment Having a criminal record reduces callbacks by 50% Background checks can be misleading. Many people with criminal records have never been convicted of a crime. 1/3 of felony arrests never lead to a conviction (US Bureau of Justice Statistics) Ban the Box Removes questions about convictions from state agency, city, county and special district job applications and postpones such inquiries until later in the hiring process (July 2014) Some exceptions law enforcement Target has removed questions about criminal history from its job applications

56 Statistics Approximately 1 in 4 Americans (65 million) has a criminal record The US has 5% of the world s population and 25% of the world s prisoners. One in 31 adults are under some form of correctional control. One in 99 adults are living behind bars in the U.S. This marks the highest rate of imprisonment in American history Since 1970, our prison population has risen 700%. US Bureau of Justice Statistics 2012 and Census estimates 2012

57 REMEDIES

58 AVAILABLE REMEDIES Dismissal (aka Expungement ) (PC ) When probation is granted (PC a) When probation is not granted & conviction is not a felony or citation/traffic ticket Reducing felony to misdemeanor (PC 17(b)) Modifying/terminating probation (PC ) Other Remedies Felonies With Prison Certificate of Rehabilitation/Pardon No Conviction Sealing of Arrest Record Juvenile Records Sealing Federal Convictions Federal Public Defender s Office

59 Eligibility

60 Eligibility Not currently involved with the criminal justice system P.C (a) / a(a) / (a)(3) Not serving a sentence Not on probation/parole Not facing charges

61 Requirements for Set Aside and Dismissal

62 WHAT IS A DISMISSAL? It sets aside or dismisses some criminal convictions under Penal Code , a and It s a remedy for adult convictions where a prison sentence was not executed It is a remedy for California convictions The conviction remains on your record for many purposes, including sex registration and immigration consequences. A dismissal does not erase or delete the entry from a person CA criminal history report.

63 Is Dismissal Mandatory? In some instances, an individual is entitled to a dismissal as a matter of right Evidence of pre / post probation conduct is irrelevant Qualifications: Successfully complete all terms and conditions of probation Prison sentence never executed Conviction not a serious sex offense Not on parole or probation Paid all fines/fees/restitution Some offenses are never mandatory Penal Code 191.5(b) or 192(c); Vehicle Code , , 14601, , , , , 20001, 20002, 21651(b), 22348(b), 23103, 23109(a), 23109(c), , 23140(a), 23140(b), 23152, 23153, or Vehicle Code 12810(a) (e) DUI s, suspended license, reckless driving and related offenses

64 Standard for Discretionary Dismissals Discretionary dismissals are in [the court s] discretion and the interests of justice P.C (a), a(a), (a) Court will consider many things, even those that are irrelevant if dismissal was mandatory Unpaid fees/costs that are not condition of probation Post and pre-probation conduct Upstanding citizen: Have no IRS arrears Generally have no child support arrears Have no outstanding parking tickets Have otherwise met the requirements for an expungement (no current charges for any offense, completed all requirements of probation, paid all fines/fees/restitution, etc.) If dismissal is discretionary, it s suggested that defendant attend hearing and provide supporting documentation: declaration, letters of support from church, work, diplomas/certificates,etc

65 Reduction UNDER 17(b)(3) May petition the court for reduction of a felony to a misdemeanor at the same time Felony to misdemeanor under P.C. 17(b)(3) Wobblers can be charged as either a felony or misdemeanor Look at the statute Do not need to disclose as a felony Will still count as a strike Always discretionary and require a declaration

66 Wobbler Felony PC 368(b) (1) Any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult, with knowledge that he or she is an elder or a dependent adult, to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured, or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health is endangered, is punishable by imprisonment in a county jail not exceeding one year, or in the state prison for two, three, or four years.

67 Straight Felony PC 368(b) (2) If in the commission of an offense described in paragraph (1), the victim suffers great bodily injury, as defined in subdivision (e) of Section , the defendant shall receive an additional term in the state prison as follows: (A) Three years if the victim is under 70 years of age. (B) Five years if the victim is 70 years of age or older.

68 Procedure and Practice

69 RAP SHEET

70

71 DISMISSED CASE

72 A Dismissal will not Will not reinstate the right to possess a firearm, Will not prevent the dismissed conviction from being used as a "prior" if defendant is prosecuted for another offense, Will not prevent the US government from considering the offense for immigration purposes, Will not relieve sex offenders of their duty to register, Will not re-instate driving privileges if they have been suspended as a result of the case

73 Criminal Record History Court dockets/transcripts or RAP sheet Preferably a client would have both their RAP sheet and a docket for the specific cases that they want expunged. Dockets provide in-depth information on one case Dockets show if probation was terminated and fines/fees paid Dockets don t show if the person got another arrest/conviction. RAP sheets show a complete criminal history Rap sheets provide short version of events Client must do cost benefits analysis of time and money Rap sheets provide a complete timeline of arrests/convictions. You can identify errors in your criminal history (previous expungements not reported, identity theft) RAP sheet costs $25-60 and usually are fairly quick to get (LiveScan) Dockets costs are minimal (often free) but require trips to courthouses.

74 Petition forms Los Angeles County uses Judicial Counsel forms CR-180 Petition for Dismissal CR-181 Order for Dismissal FW-001(Request to Waive Court Fees) FW-003 (Order on Court Fee Waiver) CR-115 (Defendant s Statement of Assets) MC-030 (Declaration) Proof Of Service Some counties use their own local forms so check county website Some counties/courts also have their own procedures

75 Hearings Hearings are set in criminal courtrooms When you arrive, ask the District Attorney or the City Attorney if they oppose the petition. The prosecution will either oppose, not oppose, or submit to the court. Typically they submit when they haven t reviewed the file. Make your appearance on the record, and advocate for your client. Especially for discretionary expungements. The judge will rule on the order. If you don t attend the hearing and the order is denied, you will likely not get any information about why the petition was denied.

76 LEGAL AID FOUNDATION OF LOS ANGELES Rene Pena Jimena Vasquez Phong Wong Pro Bono Director

Criminal Record Clearing in a Nutshell

Criminal Record Clearing in a Nutshell Criminal Record Clearing in a Nutshell March 2014 Justice Studies Department College of Applied Sciences and Arts CommUniverCity San José State University Record Clearance Project 3.12.14 Laws change.

More information

court. However, without your testimony the defendant might go unpunished.

court. However, without your testimony the defendant might go unpunished. Office of State Attorney Michael J. Satz VICTIM RIGHTS BROCHURE YOUR RIGHTS AS A VICTIM OR WITNESS: CRIMINAL JUSTICE PROCESS The stages of the criminal justice system are as follows: We realize that for

More information

CRIMINAL LAW AND VICTIMS RIGHTS

CRIMINAL LAW AND VICTIMS RIGHTS Chapter Five CRIMINAL LAW AND VICTIMS RIGHTS In a criminal case, a prosecuting attorney (working for the city, state, or federal government) decides if charges should be brought against the perpetrator.

More information

DOMESTIC VIOLENCE RESTRAINING ORDER RESPONDENT PACKET

DOMESTIC VIOLENCE RESTRAINING ORDER RESPONDENT PACKET SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO DOMESTIC VIOLENCE RESTRAINING ORDER RESPONDENT PACKET FORMS INCLUDED IN THIS PACKET How Can I Respond to a Request for Domestic Violence Restraining Order?

More information

FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry

FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry 830 West Jefferson Street 850-644-1234 VICTIMS' RIGHTS BROCHURE YOUR RIGHTS AS A VICTIM OR WITNESS: ------- We realize that for many persons,

More information

Domestic Violence: Can the Legal System Help Protect Me?

Domestic Violence: Can the Legal System Help Protect Me? Domestic Violence: Can the Legal System Help Protect Me? What is domestic violence? Domestic violence is a pattern of physically and/or emotionally abusive behavior used to control another person with

More information

Glossary of Court-related Terms

Glossary of Court-related Terms Glossary of Court-related Terms Acquittal Adjudication Appeal Arraignment Arrest Bail Bailiff Beyond a reasonable doubt Burden of proof Capital offense Certification Charge Circumstantial evidence Citation

More information

Domestic Violence Case Management Plan

Domestic Violence Case Management Plan Domestic Violence Case Management Plan From the commencement of litigation to its resolution, whether by trial or settlement, it is the goal of this Court to reduce delay and enable just and efficient

More information

California s Alternative Sentencing Law for Veterans and Members of the U.S. Military

California s Alternative Sentencing Law for Veterans and Members of the U.S. Military California s Alternative Sentencing Law for Veterans and Members of the U.S. Military You re a veteran, or maybe you re still in the military. But now you re looking at time in county jail or state prison.

More information

Criminal Justice System Commonly Used Terms & Definitions

Criminal Justice System Commonly Used Terms & Definitions Criminal Justice System Commonly Used Terms & Definitions A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Accused: Acquittal: Adjudication: Admissible Evidence: Affidavit: Alford Doctrine: Appeal:

More information

What is DOMESTIC VIOLENCE?

What is DOMESTIC VIOLENCE? What is DOMESTIC VIOLENCE? Domestic violence is a pattern of control used by one person to exert power over another. Verbal abuse, threats, physical, and sexual abuse are the methods used to maintain power

More information

A Summary of Virginia s Crime Victim and Witness Rights Act

A Summary of Virginia s Crime Victim and Witness Rights Act A Summary of Virginia s Crime Victim and Witness Rights Act Your Rights and Responsibilities Department of Criminal Justice Services Victims Services Section December 2008 www.dcjs.virginia.gov Table of

More information

AN ACT. The goals of the alcohol and drug treatment divisions created under this Chapter include the following:

AN ACT. The goals of the alcohol and drug treatment divisions created under this Chapter include the following: ENROLLED Regular Session, 1997 HOUSE BILL NO. 2412 BY REPRESENTATIVE JACK SMITH AN ACT To enact Chapter 33 of Title 13 of the Louisiana Revised Statutes of 1950, comprised of R.S. 13:5301 through 5304,

More information

General District Courts

General District Courts General District Courts To Understand Your Visit to Court You Should Know: It is the courts wish that you know your rights and duties. We want every person who comes here to receive fair treatment in accordance

More information

Criminal Records & Employment

Criminal Records & Employment Criminal Records & Employment 1. What exactly is a criminal record? YOUR LEGAL RIGHTS A criminal record, formally known as a summary criminal history, or more commonly known as a rap sheet, is a list of

More information

Information for Crime Victims and Witnesses

Information for Crime Victims and Witnesses Office of the Attorney General Information for Crime Victims and Witnesses MARCH 2009 LAWRENCE WASDEN Attorney General Criminal Law Division Special Prosecutions Unit Telephone: (208) 332-3096 Fax: (208)

More information

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES Chapter 337-A: PROTECTION FROM HARASSMENT Table of Contents Part 12. HUMAN RIGHTS... Section 4651. DEFINITIONS... 3 Section 4652. FILING OF COMPLAINT; JURISDICTION...

More information

How to Apply for a Pardon. State of California. Office of the Governor

How to Apply for a Pardon. State of California. Office of the Governor How to Apply for a Pardon State of California Office of the Governor Statement of Philosophy A California Governor's pardon is an honor traditionally granted only to individuals who have demonstrated exemplary

More information

If you are applying for a government-issued license, certificate, or permit, you must disclose your conviction and expungement.

If you are applying for a government-issued license, certificate, or permit, you must disclose your conviction and expungement. What is an expungement? An expungement reopens your criminal case, dismisses and sets aside the conviction, and re-closes the case without a conviction. In effect, you are no longer a convicted person.

More information

OFFICE OF THE DISTRICT ATTORNEY

OFFICE OF THE DISTRICT ATTORNEY OFFICE OF THE DISTRICT ATTORNEY TWENTIETH JUDICIAL DISTRICT Stanley L. Garnett, District Attorney Boulder Office: Justice Center, 1777 6th St., Boulder, Colorado 80302 303.441.3700 fax: 303.441.4703 Longmont

More information

CERTIFICATE OF REHAB. & PARDON INSTRUCTION FORMS PACKET

CERTIFICATE OF REHAB. & PARDON INSTRUCTION FORMS PACKET CERTIFICATE OF REHAB. & PARDON INSTRUCTION FORMS PACKET PKG-016 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, 220 W. BROADWAY, SAN DIEGO, CA 92101-3814 EAST COUNTY DIVISION, 250 E.

More information

INFORMATION ABOUT ORDERS FOR PROTECTION AGAINST STALKING AND HARASSMENT AND ORDERS FOR PROTECTION OF CHILDREN ISSUED IN JUSTICE COURT

INFORMATION ABOUT ORDERS FOR PROTECTION AGAINST STALKING AND HARASSMENT AND ORDERS FOR PROTECTION OF CHILDREN ISSUED IN JUSTICE COURT INFORMATION ABOUT ORDERS FOR PROTECTION AGAINST STALKING AND HARASSMENT AND ORDERS FOR PROTECTION OF CHILDREN ISSUED IN JUSTICE COURT (1) What are the definitions of stalking, harassment, and harm to minors?

More information

The Nuts & Bolts of Orders of Protection and other relief for Victims of Domestic Violence

The Nuts & Bolts of Orders of Protection and other relief for Victims of Domestic Violence The Nuts & Bolts of Orders of Protection and other relief for Victims of Domestic Violence Training for Victim Advocates Sponsored by South Carolina Legal Services Orders of Protection: The Basics What?

More information

Glossary of Terms Acquittal Affidavit Allegation Appeal Arraignment Arrest Warrant Assistant District Attorney General Attachment Bail Bailiff Bench

Glossary of Terms Acquittal Affidavit Allegation Appeal Arraignment Arrest Warrant Assistant District Attorney General Attachment Bail Bailiff Bench Glossary of Terms The Glossary of Terms defines some of the most common legal terms in easy-tounderstand language. Terms are listed in alphabetical order. A B C D E F G H I J K L M N O P Q R S T U V W

More information

Information about the Criminal Justice System**

Information about the Criminal Justice System** 1 Victim s Guide to the Nebraska Criminal Justice System Information about the Criminal Justice System** ** Please note that the information contained in this booklet is only in relationship to felony

More information

Using Proposition 47 to Reduce Convictions and Restore Rights (January 2015)

Using Proposition 47 to Reduce Convictions and Restore Rights (January 2015) Using Proposition 47 to Reduce Convictions and Restore Rights (January 2015) A note on reproduction: You are welcome to copy and distribute this material, but please do not charge for the copies. A note

More information

Is a Dismissal the same as an Expungement?

Is a Dismissal the same as an Expungement? Research Guide: Petition for Dismissal Law Library for San Bernardino County Research Guide, www.sblawlibrary.org, (909) 885-3020. Updated as of May 2015. Our Guide is adapted from the Sacramento County

More information

KENTUCKY VICTIMS RIGHTS LAWS1

KENTUCKY VICTIMS RIGHTS LAWS1 CONSTITUTION STATUTES KENTUCKY VICTIMS RIGHTS LAWS1 Kentucky does not have a victims' rights amendment to its constitution. Title XXXVIII, Witnesses, Evidence, Notaries, Commissioners of Foreign Deeds,

More information

ADULT ABUSE/STALKING ORDERS OF PROTECTION INFORMATION FOR BOTH PARTIES

ADULT ABUSE/STALKING ORDERS OF PROTECTION INFORMATION FOR BOTH PARTIES ADULT ABUSE/STALKING ORDERS OF PROTECTION INFORMATION FOR BOTH PARTIES Missouri s Domestic Violence Act provides protective relief for victims of domestic violence or stalking. Chapter 455, Missouri Revised

More information

County Court Restraining Orders

County Court Restraining Orders Answers to Your Questions About County Court Restraining Orders Excellence in Customer Service Colorado Judicial Branch http://www.courts.state.co.us June 2002 CIVIL LAW In a civil case, the person seeking

More information

What you don t know can hurt you.

What you don t know can hurt you. What you don t know can hurt you. Why you need a defense lawyer if you are charged with a misdemeanor. A misdemeanor conviction is SERIOUS A misdemeanor is not a minor crime. If you are convicted of a

More information

Victim Witness Assistance Program

Victim Witness Assistance Program Victim Witness Assistance Program of Santa Clara County Kasey Halcón Director Case Study Law enforcement responds to a domestic disturbance. The officer enters the home and a woman is crying on the couch,

More information

OLMSTED COUNTY ATTORNEY DOMESTIC ABUSE PROSECUTION POLICY POLICY STATEMENT:

OLMSTED COUNTY ATTORNEY DOMESTIC ABUSE PROSECUTION POLICY POLICY STATEMENT: OLMSTED COUNTY ATTORNEY DOMESTIC ABUSE PROSECUTION POLICY POLICY STATEMENT: It is the policy of the Olmsted County Attorney to pursue all domestic abuse allegations with zealous, yet discretionary prosecution

More information

Expungement = Dismissal AND. Certificate of Rehabilitation

Expungement = Dismissal AND. Certificate of Rehabilitation Expungement = Dismissal AND Certificate of Rehabilitation Overview Expungement Eligibility Requirements What it means to be granted an Expungement Early Termination of Probation Reducing a Felony to a

More information

Criminal Justice System Glossary of Terms

Criminal Justice System Glossary of Terms Criminal Justice System Glossary of Terms Terms included in this glossary of terms are adapted from the Victims Rights Education Toolkit. The justice system uses specific terms to represent processes,

More information

When Can a Landlord Evict... 3 1. Tenants with Leases 2. Tenants without Leases

When Can a Landlord Evict... 3 1. Tenants with Leases 2. Tenants without Leases Chapter 13 Evictions Legal Tactics: Tenants Rights in Massachusetts Seventh Edition, Revised May 2014 When Can a Landlord Evict... 3 1. Tenants with Leases 2. Tenants without Leases When Is Eviction Illegal...

More information

TABLE OF CONTENTS I. FLOW CHARTS The Life of a Criminal Prosecution II. THE RIGHTS OF VICTIMS DURING THE COURSE OF THE CRIMINAL JUSTICE PROCESS

TABLE OF CONTENTS I. FLOW CHARTS The Life of a Criminal Prosecution II. THE RIGHTS OF VICTIMS DURING THE COURSE OF THE CRIMINAL JUSTICE PROCESS Know your Rights! Crime victims have many rights. The California Constitution gives all victims of crime a victim s bill of rights known as Marsy s Law. In addition to the rights victims have under Marsy

More information

BASIC CRIMINAL LAW. Joe Bodiford. Overview of a criminal case Presented by: Board Certified Criminal Trial Lawyer

BASIC CRIMINAL LAW. Joe Bodiford. Overview of a criminal case Presented by: Board Certified Criminal Trial Lawyer BASIC CRIMINAL LAW Overview of a criminal case Presented by: Joe Bodiford Board Certified Criminal Trial Lawyer www.floridacriminaldefense.com www.blawgger.com THE FLORIDA CRIMINAL PROCESS Source: http://www.fsu.edu/~crimdo/cj-flowchart.html

More information

Maricopa County Attorney s Office Adult Criminal Case Process

Maricopa County Attorney s Office Adult Criminal Case Process The following is a brief description of the process to prosecute an adult accused of committing a felony offense. Most misdemeanor offenses are handled by municipal prosecutors; cases involving minors

More information

Maryland Courts, Criminal Justice, and Civil Matters

Maryland Courts, Criminal Justice, and Civil Matters Maryland Courts, Criminal Justice, and Civil Matters Presentation to the New Members of the Maryland General Assembly Department of Legislative Services Office of Policy Analysis Annapolis, Maryland December

More information

Protective Orders Including: Order of Protection and Injunction Against Harassment

Protective Orders Including: Order of Protection and Injunction Against Harassment Things You Should Know About Protective Orders Including: Order of Protection and Injunction Against Harassment This booklet is designed to provide general information about protective orders for domestic

More information

System Overview ~~~~~ Presented by: Darcie McElwee

System Overview ~~~~~ Presented by: Darcie McElwee System Overview ~~~~~ Presented by: Darcie McElwee SYSTEM OVERVIEW OBJECTIVES Upon conclusion of this module the participant will be able to: Describe the overall structure, case flow process, and roles

More information

LANCASTER COUNTY ADULT DRUG COURT

LANCASTER COUNTY ADULT DRUG COURT LANCASTER COUNTY ADULT DRUG COURT Administered by the Lancaster County Department of Community Corrections Judicial Oversight by the Lancaster County District Court www.lancaster.ne.gov keyword: drug court

More information

BRYCE A. FETTER ORLANDO JUVENILE CHARGES ATTORNEY

BRYCE A. FETTER ORLANDO JUVENILE CHARGES ATTORNEY BRYCE A. FETTER ORLANDO JUVENILE CHARGES ATTORNEY People make mistakes, especially young people. Juvenile lawyer Bryce Fetter believes children should get a second chance through rehabilitation rather

More information

LOCAL RULES SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE DIVISION 7 FAMILY LAW

LOCAL RULES SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE DIVISION 7 FAMILY LAW DIVISION 7 FAMILY LAW Rule Effective 700. Subject Matter of the Family Law Court 07/01/2011 700.5 Attorneys and Self Represented Parties 07/01/2011 700.6 Family Law Filings 01/01/2012 701. Assignment of

More information

Criminal Records and Expungement. Rhode Island Public Defender

Criminal Records and Expungement. Rhode Island Public Defender Criminal Records and Expungement Rhode Island Public Defender Criminal Records How do I access a criminal record? The only way to obtain an official RI criminal record is by going to the Bureau of Criminal

More information

INFORMATION FOR CRIME VICTIMS AND WITNESSES CHARLES I. WADAMS PROSECUTING ATTORNEY

INFORMATION FOR CRIME VICTIMS AND WITNESSES CHARLES I. WADAMS PROSECUTING ATTORNEY INFORMATION FOR CRIME VICTIMS AND WITNESSES CHARLES I. WADAMS PROSECUTING ATTORNEY Garden City, Idaho 6015 Glenwood St., Garden City, ID 83714 (208) 472-2900 www.gardencityidaho.org A MESSAGE Garden City

More information

Restoration of Civil Rights. Helping People regain their Civil Liberties

Restoration of Civil Rights. Helping People regain their Civil Liberties Restoration of Civil Rights Helping People regain their Civil Liberties Consequences of a Felony Food Stamps and social security benefits: People convicted of a felony for possession or sell of controlled

More information

RESTRAINING ORDERS IN MASSACHUSETTS Your rights whether you are a Plaintiff or a Defendant

RESTRAINING ORDERS IN MASSACHUSETTS Your rights whether you are a Plaintiff or a Defendant RESTRAINING ORDERS IN MASSACHUSETTS Your rights whether you are a Plaintiff or a Defendant Prepared by the Mental Health Legal Advisors Committee October 2012 What is a restraining order? A restraining

More information

ANSWERS TO COMMON LEGAL QUESTIONS AND RESOURCES FOR VICTIMS OF DOMESTIC VIOLENCE

ANSWERS TO COMMON LEGAL QUESTIONS AND RESOURCES FOR VICTIMS OF DOMESTIC VIOLENCE ANSWERS TO COMMON LEGAL QUESTIONS AND RESOURCES FOR VICTIMS OF DOMESTIC VIOLENCE WHAT IS DOMESTIC VIOLENCE? Domestic Violence or family violence is the abuse of power or control. It is behavior used by

More information

Title 15 CRIMINAL PROCEDURE -Chapter 23 ALABAMA CRIME VICTIMS Article 3 Crime Victims' Rights

Title 15 CRIMINAL PROCEDURE -Chapter 23 ALABAMA CRIME VICTIMS Article 3 Crime Victims' Rights Section 15-23-60 Definitions. As used in this article, the following words shall have the following meanings: (1) ACCUSED. A person who has been arrested for committing a criminal offense and who is held

More information

*****THIS FORM IS NOT A PROTECTIVE ORDER APPLICATION OR A PROTECTIVE ORDER*****

*****THIS FORM IS NOT A PROTECTIVE ORDER APPLICATION OR A PROTECTIVE ORDER***** SHAREN WILSON CRIMINAL DISTRICT ATTORNEY OF TARRANT COUNTY, TEXAS PROTECTIVE ORDER UNIT Family Law Center Phone Number 817-884-1623 200 East Weatherford Street # 3040 Fax Number 817-212-7393 Fort Worth,

More information

CERTIFICATE OF REHABILITATION & PARDON INSTRUCTION PACKET

CERTIFICATE OF REHABILITATION & PARDON INSTRUCTION PACKET SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO CERTIFICATE OF REHABILITATION & PARDON INSTRUCTION PACKET FORMS INCLUDED IN THIS PACKET General Information Certificate of Rehabilitation SDSC Form #CRM-208

More information

OFFICE OF THE DISTRICT ATTORNEY Third Judicial District Of Kansas Chadwick J. Taylor, District Attorney

OFFICE OF THE DISTRICT ATTORNEY Third Judicial District Of Kansas Chadwick J. Taylor, District Attorney OFFICE OF THE DISTRICT ATTORNEY Third Judicial District Of Kansas Chadwick J. Taylor, District Attorney Shawnee County Courthouse Fax: (785) 251-4909 200 SE 7th Street, Suite 214 Family Law Fax: (785)

More information

ARTICLE 1.1. GENERAL PROVISIONS

ARTICLE 1.1. GENERAL PROVISIONS ARTICLE 1.1. GENERAL PROVISIONS Rule 1. Parole Board 220 IAC 1.1-1-1 Parole board membership (Repealed) Sec. 1. (Repealed by Parole Board; filed Jun 15, 1987, 2:45 pm: 10 IR 2496) 220 IAC 1.1-1-2 Definitions

More information

*****THIS FORM IS NOT A PROTECTIVE ORDER APPLICATION OR A PROTECTIVE ORDER*****

*****THIS FORM IS NOT A PROTECTIVE ORDER APPLICATION OR A PROTECTIVE ORDER***** SHAREN WILSON CRIMINAL DISTRICT ATTORNEY OF TARRANT COUNTY, TEXAS PROTECTIVE ORDERS Family Law Center Phone Number 817-884-1623 200 East Weatherford Street # 3040 Fax Number 817-212-7393 Fort Worth, Texas

More information

ADULT ABUSE INFORMATION QUALIFICATIONS FOR FILING AN ADULT ABUSE ORDER OF PROTECTION:

ADULT ABUSE INFORMATION QUALIFICATIONS FOR FILING AN ADULT ABUSE ORDER OF PROTECTION: FAMILY COURT OF ST. LOUIS COUNTY, MISSOURI 105 South Central Avenue Room S16 Clayton, Missouri 63105 (314) 615-4725 ADULT ABUSE INFORMATION Missouri s Adult Abuse and Child Abuse Act provides protective

More information

ORANGE COUNTY PUBLIC DEFENDER BRIAN L. DUCKER SENIOR ASSISTANT PUBLIC DEFENDER

ORANGE COUNTY PUBLIC DEFENDER BRIAN L. DUCKER SENIOR ASSISTANT PUBLIC DEFENDER DEBORAH A. KWAST PUBLIC DEFENDER THOMAS HAVLENA CHIEF DEPUTY PUBLIC DEFENDER LAW OFFICES ORANGE COUNTY PUBLIC DEFENDER BRIAN L. DUCKER E. ROBERT GOSS 14 CIVIC CENTER PLAZA SANTA ANA, CA 92701-4029 (714)

More information

Domestic Violence Resource Guide for Mecklenburg County Including Information about Domestic Violence Protective Orders

Domestic Violence Resource Guide for Mecklenburg County Including Information about Domestic Violence Protective Orders Domestic Violence Resource Guide for Mecklenburg County Including Information about Domestic Violence Protective Orders Qualifications for a DV Protective Order (50B) 1. Must be a resident of Mecklenburg

More information

The Juvenile and Domestic Relations District Court

The Juvenile and Domestic Relations District Court The Juvenile and Domestic Relations District Court I. General Information The juvenile and domestic relations district court handles cases involving: Juveniles accused of delinquent acts, traffic infractions

More information

Tarrant County College Police Department

Tarrant County College Police Department Tarrant County College Police Department VICTIM ASSISTANCE An Assistance Program for Victims and Family Survivors of Violent Crimes Tarrant County College The Tarrant County College District Police Department

More information

ARTICLE 36: KANE COUNTY DRUG REHABILITATION COURT RULES AND PROCEDURES

ARTICLE 36: KANE COUNTY DRUG REHABILITATION COURT RULES AND PROCEDURES ARTICLE 36: KANE COUNTY DRUG REHABILITATION COURT RULES AND PROCEDURES (a) Mission: The Illinois General Assembly has recognized that there is a critical need for a criminal justice program that will reduce

More information

Adult Plea Negotiation Guidelines

Adult Plea Negotiation Guidelines From the office of the Rice County Attorney: Adult Plea Negotiation Guidelines Revision June, 2004 1. These guidelines apply to any adult felony defendant case prosecuted by this office, which is not disposed

More information

CHAPTER 3. Protection Orders in Ohio

CHAPTER 3. Protection Orders in Ohio CHAPTER 3 Protection Orders in Ohio april 2014 PROTECTION ORDERS OVERVIEW CARD TYPE OF ORDER FOR WHOM? JURISDICTION, VENUE & STANDARD OF PROOF LENGTH OF ORDER, OBJECTIONS & VIOLATION DV Civil Protection

More information

Purpose of the Victim/Witness Unit

Purpose of the Victim/Witness Unit Purpose of the Victim/Witness Unit The Victim/Witness Assistance Division of the Lake County State s Attorney s Office was formed to serve the needs of people like you. The division is meant to ensure

More information

SEALING OF RECORDS. Conviction / Acquittal / Dismissal CLARK COUNTY DISTRICT ATTORNEY S OFFICE. DAVID ROGER District Attorney

SEALING OF RECORDS. Conviction / Acquittal / Dismissal CLARK COUNTY DISTRICT ATTORNEY S OFFICE. DAVID ROGER District Attorney SEALING OF RECORDS Conviction / Acquittal / Dismissal CLARK COUNTY DISTRICT ATTORNEY S OFFICE DAVID ROGER District Attorney NOTICE: This Website contains instructions for using the Clark County District

More information

Section 1: The Eviction Process. Section 2: Eviction Answer Packet. Section 3: Eviction Answer and Counterclaim Packet

Section 1: The Eviction Process. Section 2: Eviction Answer Packet. Section 3: Eviction Answer and Counterclaim Packet Section 1: The Eviction Process Section 2: Eviction Answer Packet Section 3: Eviction Answer and Counterclaim Packet Section 4: Possession Bond Hearing Request Packet!! "#!! "$%&%"'! (!(!!!!!!") $# (!(!!((

More information

Mark Reed Arrest Record Summary As of 3/28/12

Mark Reed Arrest Record Summary As of 3/28/12 Mark Reed Arrest Record Summary As of 3/28/12 MARK REED ARRESTED, CONVICTED, ON PROBATION FOR POSSESSION OF A CONCEALED DANGEROUS WEAPON Currently represented by a Bar Panel attorney for indigent defendants

More information

OBJECTIVES CRIMINAL PROCESS- PROSECUTING ATTORNEY S OFFICE NAVIGATING THE CRIMINAL AND CIVIL PROCESS IN CHILD ABUSE AND NEGLECT CASES

OBJECTIVES CRIMINAL PROCESS- PROSECUTING ATTORNEY S OFFICE NAVIGATING THE CRIMINAL AND CIVIL PROCESS IN CHILD ABUSE AND NEGLECT CASES NAVIGATING THE CRIMINAL AND CIVIL PROCESS IN CHILD ABUSE AND NEGLECT CASES LORI FLUEGEL ASSISTANT PROSECUTING ATTORNEY JACKSON COUNTY OBJECTIVES UNDERSTANDING OF THE CRIMINAL AND CIVIL PROCESS OF CHILD

More information

WEST VIRGINIA LEGISLATURE. Senate Bill 411

WEST VIRGINIA LEGISLATURE. Senate Bill 411 WEST VIRGINIA LEGISLATURE 2016 REGULAR SESSION Introduced Senate Bill 411 BY SENATORS WALTERS, LAIRD, KESSLER, MILLER, FACEMIRE, ROMANO AND GAUNCH [Introduced January 27, 2016; Referred to the Committee

More information

HOW TO ANSWER YOUR EVICTION CASE THIS HANDOUT WAS PREPARED BY LEGAL SERVICES OF GREATER MIAMI, INC.

HOW TO ANSWER YOUR EVICTION CASE THIS HANDOUT WAS PREPARED BY LEGAL SERVICES OF GREATER MIAMI, INC. HOW TO ANSWER YOUR EVICTION CASE THIS HANDOUT WAS PREPARED BY LEGAL SERVICES OF GREATER MIAMI, INC. I. INTRODUCTION You are being evicted. You use the word and you hear others use it, but what does it

More information

EARLY CARE & EDUCATION LAW UNIT WHAT YOU NEED TO KNOW ABOUT SMALL CLAIMS COURT

EARLY CARE & EDUCATION LAW UNIT WHAT YOU NEED TO KNOW ABOUT SMALL CLAIMS COURT EARLY CARE & EDUCATION LAW UNIT Publication Date: November 2013 WHAT YOU NEED TO KNOW ABOUT SMALL CLAIMS COURT In the operation of your child care business you may encounter problems which force you to

More information

KANE COUNTY DRUG REHABILITATION COURT COURT RULES AND PROCEDURES

KANE COUNTY DRUG REHABILITATION COURT COURT RULES AND PROCEDURES KANE COUNTY DRUG REHABILITATION COURT COURT RULES AND PROCEDURES I. MISSION The Illinois General Assembly has recognized that there is a critical need for a criminal justice program that will reduce the

More information

SMALL CLAIMS RULES. (d) Record of Proceedings. A record shall be made of all small claims court proceedings.

SMALL CLAIMS RULES. (d) Record of Proceedings. A record shall be made of all small claims court proceedings. SMALL CLAIMS RULES Rule 501. Scope and Purpose (a) How Known and Cited. These rules for the small claims division for the county court are additions to C.R.C.P. and shall be known and cited as the Colorado

More information

DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS

DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS This pamphlet has been provided to help you better understand the federal

More information

Your Criminal Justice System

Your Criminal Justice System Your Criminal Justice System Helpful Information for the Victims and Witnesses of Crime Provided by Kansas Attorney General Derek Schmidt Victims Services Division 120 SW 10th Ave, 2nd Floor Topeka, KS

More information

MODEL CRIMINAL DEFENSE MENTORING PROGRAM Utah State Bar New Lawyer Training Program

MODEL CRIMINAL DEFENSE MENTORING PROGRAM Utah State Bar New Lawyer Training Program MODEL CRIMINAL DEFENSE MENTORING PROGRAM Utah State Bar New Lawyer Training Program The following is submitted as a Model Mentoring Plan for the criminal defense practice field. It was prepared by an experienced

More information

Sealing Your Juvenile Records

Sealing Your Juvenile Records Sealing Your Juvenile Records What are my Juvenile Records? The documents and Court Orders in your juvenile court file which relate to your case. Some juvenile records might also be kept by the Probation

More information

SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE 700 Civic Center Drive West P.O. Box 22024 Santa Ana, CA 92702-2024 (877) 872-2122 www.occourts.

SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE 700 Civic Center Drive West P.O. Box 22024 Santa Ana, CA 92702-2024 (877) 872-2122 www.occourts. SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE CERTIFICATE OF REHABILITATION AND PARDON Forms and Penal Code 4852.01, and 4852.06 Instruction Sheet Notice of Filing of Proof of Service Certificate of Rehabilitation

More information

Understanding Nebraska's Protection Orders

Understanding Nebraska's Protection Orders Understanding Nebraska's Protection Orders A guide for victims, law enforcement and service providers. What is a Protection Order? A protection order is a special type of order issued by a Judge which

More information

Self-Help Guide for a Prosecutorial Discretion Request

Self-Help Guide for a Prosecutorial Discretion Request Self-Help Guide for a Prosecutorial Discretion Request In June 2011, Immigration and Customs Enforcement ( ICE ) announced it would not use its resources to deport people it considers low priority and

More information

DeKalb County Drug Court: C.L.E.A.N. Program (Choosing Life and Ending Abuse Now)

DeKalb County Drug Court: C.L.E.A.N. Program (Choosing Life and Ending Abuse Now) DeKalb County Drug Court: C.L.E.A.N. Program (Choosing Life and Ending Abuse Now) MISSION STATEMENT The mission of the DeKalb County Drug Court:.C.L.E.A.N. Program (Choosing Life and Ending Abuse Now)

More information

DOMESTIC VIOLENCE PENALTIES UNDER COLORADO LAW Fact/Discussion Sheet

DOMESTIC VIOLENCE PENALTIES UNDER COLORADO LAW Fact/Discussion Sheet DOMESTIC VIOLENCE PENALTIES UNDER COLORADO LAW Fact/Discussion Sheet If you are convicted of a domestic violence charge, the penalties can be onerous. The following penalties assume a misdemeanor conviction.

More information

UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson

UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson What is the Criminal Justice System? The criminal justice system is the system we have in the United States for addressing situations where it is believed

More information

A Victim s Guide to Understanding the Criminal Justice System

A Victim s Guide to Understanding the Criminal Justice System A Victim s Guide to Understanding the Criminal Justice System The Bartholomew County Prosecutor s Office Victim Assistance Program Prosecutor: William Nash 234 Washington Street Columbus, IN 47201 Telephone:

More information

Protective Orders in Virginia A Guide for Victims

Protective Orders in Virginia A Guide for Victims Protective Orders in Virginia A Guide for Victims Virginia Department of Criminal Justice Services www.dcjs.virginia.gov This brochure is intended to provide summary information regarding family abuse

More information

Domestic Violence and Protective Orders

Domestic Violence and Protective Orders Domestic Violence and Protective Orders Domestic violence (also called family violence) is a pattern of behavior and a method of control which results in physical injury or places one in reasonable apprehension

More information

SUPERIOR COURT OF CALIFORNIA County of Sacramento 720 9 th Street Sacramento, CA 95814 (916) 874-5522 Website www.saccourt.ca.gov

SUPERIOR COURT OF CALIFORNIA County of Sacramento 720 9 th Street Sacramento, CA 95814 (916) 874-5522 Website www.saccourt.ca.gov SUPERIOR COURT OF CALIFORNIA County of Sacramento 720 9 th Street Sacramento, CA 95814 (916) 874-5522 Website www.saccourt.ca.gov Program Information and Materials The attached materials describe the Program

More information

Chapter 153. Violations and Fines 2013 EDITION. Related Laws Page 571 (2013 Edition)

Chapter 153. Violations and Fines 2013 EDITION. Related Laws Page 571 (2013 Edition) Chapter 153 2013 EDITION Violations and Fines VIOLATIONS (Generally) 153.005 Definitions 153.008 Violations described 153.012 Violation categories 153.015 Unclassified and specific fine violations 153.018

More information

APPEARANCE, PLEA AND WAIVER

APPEARANCE, PLEA AND WAIVER Guide to Municipal Court What Types of Cases Are Heard in Municipal Court? Cases heard in municipal court are divided into four general categories: Violations of motor vehicle and traffic laws Violations

More information

Youth and the Law. Presented by The Crime Prevention Unit

Youth and the Law. Presented by The Crime Prevention Unit Youth and the Law Presented by The Crime Prevention Unit Objectives Explaining the juvenile justice system and the differences between it and the adult system. Discussing juveniles rights and responsibilities

More information

PROTECTIVE ORDER UNIT QUESTIONNAIRE FANNIN COUNTY CRIMINAL DISTRICT ATTORNEY S OFFICE

PROTECTIVE ORDER UNIT QUESTIONNAIRE FANNIN COUNTY CRIMINAL DISTRICT ATTORNEY S OFFICE PROTECTIVE ORDER UNIT QUESTIONNAIRE FANNIN COUNTY CRIMINAL DISTRICT ATTORNEY S OFFICE HOW TO USE THE QUESTIONNAIRE USE BLACK INK ONLY blue ink and other colors of ink are difficult to read, especially

More information

SUPERIOR COURT OF CALIFORNIA COUNTY OF RIVERSIDE

SUPERIOR COURT OF CALIFORNIA COUNTY OF RIVERSIDE SUPERIOR COURT OF CALIFORNIA COUNTY OF RIVERSIDE Felony and Misdemeanor Bail Schedule Approved by the Judges of the Riverside County Superior Court December 27, 2012 Effective Date: January 2, 2013 SUPERIOR

More information

Responsibilities. Arnold Schwarzenegger. Governor, State of California. Helping California Crime Victims Since 1965

Responsibilities. Arnold Schwarzenegger. Governor, State of California. Helping California Crime Victims Since 1965 Your Restitution Responsibilities a Brochure for Adult and Juvenile Offenders Arnold Schwarzenegger Governor, State of California Helping California Crime Victims Since 1965 800.777.9229 www.victimcompensation.ca.gov

More information

PERSONAL INJURY COURTS (DEPTS. 91, 92, 93 AND 97) FREQUENTLY ASKED QUESTIONS

PERSONAL INJURY COURTS (DEPTS. 91, 92, 93 AND 97) FREQUENTLY ASKED QUESTIONS PERSONAL INJURY COURTS (DEPTS. 91, 92, 93 AND 97) FREQUENTLY ASKED QUESTIONS TO UNDERSTAND PROCEDURES IN THE PERSONAL INJURY (PI) COURTS, PLEASE CAREFULLY REVIEW THE LOS ANGELES SUPERIOR COURT S (LASC

More information

Michael Gayoso, Jr. Office of the County Attorney TH

Michael Gayoso, Jr. Office of the County Attorney TH Michael Gayoso, Jr. Office of the County Attorney TH 11 Judicial District/Crawford County, Kansas DIVERSION PROGRAM -- DRIVING UNDER THE INFLUENCE Pursuant to K.S.A. 22-2906 et seq. the Crawford County

More information

ANNUAL REPORT ALLEGAN COUNTY PROSECUTING ATTORNEY

ANNUAL REPORT ALLEGAN COUNTY PROSECUTING ATTORNEY ALLEGAN COUNTY PROSECUTING ATTORNEY FREDERICK ANDERSON Allegan County Building 113 Chestnut Street Allegan, Michigan 49010 Telephone: (269) 673-0280 Fax: (269) 673-0599 E-mail: prosecutor@allegancounty.org

More information

Understanding the Criminal Bars to the Deferred Action Policy for Childhood Arrivals

Understanding the Criminal Bars to the Deferred Action Policy for Childhood Arrivals Understanding the Criminal Bars to the Deferred Action Policy for Childhood Arrivals 1. What are the criminal bars for deferred action? In addition to a number of other requirements, to qualify for deferred

More information

Getting a Trial Date in Cowlitz County

Getting a Trial Date in Cowlitz County 9950EN 6/2015 Getting a Trial Date in Cowlitz County Is this publication for me? Yes, if You have a civil case in Cowlitz County Superior Court AND The respondent/defendant in the case has filed a response

More information

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA CRIMINAL JUSTICE ACT PLAN

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA CRIMINAL JUSTICE ACT PLAN UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA CRIMINAL JUSTICE ACT PLAN I. AUTHORITY Under the Criminal Justice Act of 1964, as amended, (CJA), 18 U.S.C. 3006A and the Guidelines for Administering

More information