Waivng Time

Waiving the time within which the people must begin a trial is a more important decision than most people think. In the simpler case an attorney should  read the police report before deciding to waive time or not. If the case is one which is weak in terms of evidence against the accused serious consideration should be given to pushing forward with trial before the people are able secure  evidence that will support a case that should never have been brought  to testify as to facts that are questionable at best becasue they are thinking they are doing the right thing.   I have found many times  there is pressure exerted on a witness by an employer or by a friend to testify as to things that might have looked bad to the client to save a job or help a friend. On the other hand if you have a case which depends more upon the value or worth of the accused and why he or she should be given a chance to prove they can become a worthwhile citizen, then you may well want to waive time and gather as much helpful information about the accused as you can to present to the prosecutor. If you sit in a courtroom you will see, at the arraignment stage, 19 out of every 20 attorneys appearing on a case waiving time. This office does not feel that is  in many cases the appropriate decision to make. Each case is decided on its own facts.

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Make sure you have an attorney who follows your case

The court often times imposes fines, community service and other obligations as a condition to accepting a lesser plea to a criminal charge. If you’re having difficulty with any of these requirements the biggest mistake that is made by many clients is to panic if unable to meet one or more of the court imposed obligations. If you’re in a position where you cannot pay a fine, or you have been unable to complete your community service it is extremely important to have an attorney who will be able to handle the problem before it gets out of control.  An attorney who will keep you abreast of your obligations before they become a problem is one of the most important aspects of practicing law. Make sure you hire an attorney who will discuss the court imposed obligations with you right after the agreement is made and keep you apprised of what you must do before a problem arises.  The worst thing you can do is to be afraid of the court and not address your problem before the time to act has expired.  It is very rare for a court to punish a person charged with a crime who has been unable to complete payment or other obligations on time if the person asks the court for more time before the obligations time period has expired. This office will stay on top of the time limits involved and always keeps the client informed of when the due dates are and reminds the clients they must either meet these obligations or request additional time.

The Plea Bargain

 “THE PLEA BARGAIN.  In many cases the resolution of a case involves what is know as a pea bargain. The  first  consideration  should be to determine whether there is a factual or legal basis for having the case dismissed or taken to trial. In the event the situation is one where a plea bargain should be an option for the client  there are important considerations that need to be taken into account. One consideration is whether the case has been overcharged.  What this means is the commonly confronted situation where the prosecutor has overcharged the case.  Crime that have little  basis in fact are added to the formal complaint filed with the court.  Often the prosecutor will ask the defendant to accept a dismissal of charges that should never have been brought in the first place as a part of a “deal”.  These charges added to the complaint that have little basis in fact should not be considered in the bargaining process.  The validity of these charges should be made light of during discussion of the case.  A true plea bargain involves only those charges that have some basis in fact.  The goal should be to present the case such that the defendant is a human being who has worth and a charge should be reduced so the defendant’s life is not ruined and can become a productive member of society.” – Larry Haakon CLough Criminal Defense Southern California

Serious Felonies? We care about you and your future.

Whether your mistake is a one time mistake, or lifestyle your trying to find your way out of, the issues need tobe resolved by facing them head on with proper legal representation by presenting a case to the prosecutor that will make the prosecutor stop, think, and care about you as an individual. Once that has happen you have a chance to resolve your case in a manner that will allow you to have a future. For a FREE consultation call (818) – 709 – 8388. 

Larry Clough

Practice Areas
Criminal Law
Felonies/Misdemeanors
Medical Malpractice
Education
School Focus Degree Year
Univ of Southern Calif Undergraduate Degree
San Fernando Valley College of Law Law Degree
Jurisdictions
Location Years
California Since 1979
Professional Affiliations
Position Years
Member, California State Bar 1979-Current