How do I Request a Continuance in San Diego Superior Court?
The legal definition of a continuance is the postponement of a date of a trial, hearing or other court appearance.
In the Superior Court of California, San Diego County, a continuance may be requested when a party needs additional time to appear on a matter or comply with a court order. The prosecution, the defense or the judge may continue a hearing. A defendant may request a continuance in order to comply with certain terms of probation ordered by the court, such as completion of a class or payment of a fine.
How to request to continue a case prior to arraignment
A request may be made at the court clerk’s office, by mail or over the phone. Clerks have the authority to process a one-time thirty-day continuance on minor offense cases only. A continuance will not be processed by the clerk if a warrant or license hold has been issued or a civil assessment imposed.
How to continue or reassign certain probation conditions, i.e. public service work, volunteer work, classes
Clerks also have the authority to issue a one-time thirty-day continuance, reassignment or extension at the public counter or by mail. If the case involves a class which cannot be scheduled and completed within 30 days, a longer time frame may be given.
All second and subsequent requests or any requests for more than 30 days must be referred to the judicial officer for decision.
Can I request time to pay a deferred fine, restitution fine or conversions to fine?
For a first request for more time to pay a deferred fine at the counter, you must complete the identification portion of a financial declaration. The clerk will then defer the balance of the fine for 30 days. You must make a $30 payment unless that is more than the balance of the fine.
Are there Continuances on adjudicated (settled) cases?
All requests for continuances on adjudicated cases shall be referred to court.
In Summary: How Continuances are administered in the San Diego Superior Court:
- Prior Arraignment: Felony and Misdemeanors must be made by court appearance. Only Infractions can be done by the business office clerk.
- First time continuance or reassignment to specified probation conditions (Not in lieu of fine or custody) can be done in the office or in court.
- Second and subsequent requests or request for more than 30 days must always be requested in court.
If you have any questions or concerns about requesting a continuance call the Law Office of Peter S. Cameron at 877-603-8473 for more information. Initial consultations are always free and we are here to assist you with any legal matter.
This information is for educational purposes only and does not create an attorney-client relationship.
How do I Appeal a Felony Case in the California Superior Courts?
To appeal a case is to request a higher court to review a decision made by a lower court. An appeal is not a new trial or rehearing. You will not be permitted to introduce new evidence. The higher court (known as the appellate court) can only determine if the lower court (or trial court) made a legal error in giving its decision.
If you wish to appeal a felony matter in the California Superior Court the Court of Appeals will review the decision made by the trial court and determine if a legal error was made.
The California Courts of Appeal are divided into six appellate districts, based on geography. Some of the appellate districts are further divided into Divisions. Locations can be found at http://www.sdcourt.ca.gov
Steps in Appeal Process
The steps in the Appeal Process are briefly summarized below:
- California Superior Court makes a decision.
- Losing party files notice of appeal with Superior Court.
- Superior Court clerk notifies other parties and Court of Appeal.
- Superior Court submits the record to Court of Appeal
- Both appellant and respondent submit written briefs presenting their legal arguments
- Case is placed on calendar and assigned to a panel of three Court of Appeal justices.
- Panel of justices reviews Superior Court record, written briefs, and applicable law and precedent
- Oral argument is heard, unless waived by litigants.
- Concurrence of two of the three justices is necessary to form a majority
- Opinion is written and filed.
- Losing party may ask Court of Appeal to rehear case by filing a Petition for Rehearing
- Petition for Review - The losing party may file a petition to review with the California Supreme Court, which grants review in 4 to 5 percent of cases each year.
The Appeal Process is lengthy and confusing. Please call our office today at 888-330-4588 for legal counsel and support. Your best defense is our expert legal help. We are here to protect your legal rights. You can also fill out the secure mailing form and we will respond without delay.
This article is for educational purposes only. It does not create an attorney-client relationship.
Sexual Abuse in San Diego and California Educational Institutions
What can be done when our trusted educational institutions are found to be covering up eye witness reports of sexual abuse within their domain? How can there be meaningful accountability when it has been found that no one responded to the voices of the children feeling threatened and hurt by the adults employed to be their mentor, teacher or coach? These types of questions are in the forefront as we watch the unveiling of the Penn State Sex Abuse Scandal and the additional recent shock that unfolded at Syracuse University, where another assistant coach also stands accused of sexual abuse of ball boys.W
Jerry Sandusky was charged on Nov. 5, 2011 with abusing eight boys. His indictment came from the 23 page grand jury report that The Pennsylvania Attorney General’s office has now made public. http://www.attorneygeneral.gov/uploadedFiles/Press/Sandusky-Grand-Jury-Presentment.pdf This report is an alarming account of the sex crimes that Sandusky is accused of committing. It details the sequence of events that led to charges of perjury and failure to report suspected child abuse.
Now additional victims (not of the original eight detailed in the grand jury report) have come forward. Victim #9 stated “The people at Penn State and Second Mile didn’t do the things they should have to protect me and the other kids. I am hurting and have been for a long time because of what happened but feel now even more tormented that I have learned of so many other kids [who] were abused after me. I want other people who have been hurt to know they can come forward and get help and help protect others in the future.”
What must be Proved
There are many difficulties to overcome to convince a jury of guilt in a child sex abuse case, especially if the case hinges only on the victim’s testimony. While every case of abuse is unique in the details, there are similar behaviors of the accused. Like the Sandusky case, multiple victims are not unusual. Typical predatory behavior often includes manipulating child victims with promises, gifts and threats. The abuser become the child’s best friend or Uncle-like figure and lures the child into a deceptive relationship. This is referred to as “grooming the victim” and often happens in a friendly atmosphere of false trust. The testimonies of many victims with similar stories are often successfully used in court. The uncovering of written filed complaints to various departments in the institution is another strategy to prove that there was an obvious plan to keep the complaints covered up. But if there is only a small amount of definite and objective evidence, these cases can be difficult to prove. In the Sandusky case, this may not be too challenging.
How and Why an Attorney can Help in a Child Sexual Abuse Case
Any sexual abuse case is highly emotional. If you or a loved one has experienced any sexual abuse in the past you need the help of an experienced and compassionate lawyer. The scars from the abuse never go away and the victims are often left feeling powerless. You will need expert legal counsel and representation in court to guide and move your case forward in your behalf. Call our office today at 619-819-5021 for a free, confidential consultation. Or just fill out the secure mailing form to the right and we will respond quickly to your inquiry
This article is for educational and marketing purposes only and does not in any way create an attorney-client relationship.
What are Defenses to Fraud Charges in San Diego County Courts?
CALIFORNIA PENAL CODE SECTION 470-483.5 defines various forms of fraud. Generally, it can be characterized as:
- Intentional misrepresentation
- Negligent misrepresentation
- Concealment
- False promise
If you have been sued for any kind of fraud, you do have legal rights. With experienced legal defense, you can work towards the goal of a dismissal or a favorable or reduced settlement. If you are being accused of fraud but no charges have yet been filed, contact a lawyer immediately. The “pre-file” is only a brief period of time but it is always better to settle out of court than risk harsh sentencing. However, if the case does go to court there are defenses that will work to reduce or dismiss a fraud charge against you.
Lack of Intent
The most crucial element to prove fraud is the intent to defraud. Your criminal defense attorney will need to prove to the court that you had no intent to defraud. For example, if you signed your spouse’s name to a check without consent, but the money was spent for family expenses, it could be upheld in court that you had no intent to defraud.
Forged Document Lacks Capacity to Defraud
If an alleged document did not deny anyone of a legal right it is not a crime of fraud. There can be no guilty verdict if the document is invalid, altered, or falsified. The document must have legal significance and there must be intent to default another of money, property or legal rights. For example, if you write a letter that criticizes someone‘s business and you sign it with a someone else’s name, it is not a crime of forgery. The letter itself does not deprive anyone of money, property or legal rights.
If you have been accused of fraud, you will need expert legal defense to protect you from any harsh sentencing. Fraud convictions can include steep fines and imprisonment. Please call our office today at 619-819-5021 or fill out the form above for a free, no-obligation consultation.
This information is provided for educational and marketing purposes only and does not in any way create an attorney-client relationship.
How to Respond to a Restraining Order in San Diego
In California, you can be charged with different types of restraining orders and some may have severe penalties
1. An Emergency Protective Order (EPO) is issued by the police, most often for calls made by individuals involved in domestic disputes. They are short term only.
2. A Criminal Protective Order is issued through the District Attorneys office. This is also known as a “NO Contact” Order. This order is for domestic criminal cases where there is proven violence.
3. Domestic Violence or Temporary Restraining Order (TRO) is a civil restraining order. It can be short term or last several years.
4. Civil Harassment Restraining Order is also a civil order stopping harassment from a neighbor, co-worker or room-mate. It could also include Elder or Dependent Adult abuse.
If you have been served with a restraining order you do have several legal rights.
- You have the right to be given official notice of the restraining order and it is usually delivered personally.
- You have the right to respond to the allegations made by the accuser.
- You have the right to a court hearing before a judge regarding the restraining order.
Trying to clear your name of any abuse or harassment can be a challenge. There are situations were you may be innocent and you will need experienced legal defense to prove so. If you did not have any knowledge of the restraining order or the contact you had with the accuser was accidental or incidental, this may help in clearing your charges. After you have been charged, you can help your case by avoiding any disputes with the person accusing you. Also document everything! For example, keep a paper trail of any e-mails that are threatening you, because allegations of threats could be very important for your case. Of course, having witnesses to testify on your behalf will be most useful in proving you that are not guilty.
Restraining orders have potential criminal implications, so it is important to have an attorney to represent you. Public defenders are not available for these types of cases. Mr. Peter S. Cameron is an experienced criminal defense attorney in San Diego. Your initial consultation is always free and confidential. Please fill out the secure mail form to the right or call our office today at 619-819-5021.
This article is for educational purposes only and does not in any way constitute legal advice. It also does not establish an attorney-client relationship.
Driving on a Suspended License Arrests in San Diego – the Law and What Must be Proved?
When you are aware and KNOW and have been notified by the DMV that your driver’s license has been suspended or revoked, you cannot drive without the possibility of being charged with a misdemeanor crime. If you are caught driving with a suspended license, you will be fined by the court and you may be sent to jail. Fines can be up to $1000 and jail time could be six months or more. It is important to realize that driving with a suspended driver’s license is a crime and that it will be on your record.
If you were wrongfully charged, you will need experienced legal defense to prove your case in court. A strong defense will need evidence, such as you were not the one driving the vehicle or that you were never notified of your suspension. Perhaps you moved and your address change was not filed correctly. If the suspension was sent via US Mail it could have gotten lost or never delivered. Proving that you were unaware of the suspension is crucial and your best defense. Other mitigating circumstances such as driving a vehicle for your employer on your employer’s property may also be considered in your defense.
If you have addition questions about California’s driving laws or need to discuss your case with expert legal counsel please fill out the form to the right or contact our office directly at 619-819-5021. Consultations are always free and confidential.
This article is for educational purposes only and does not in any way constitute legal advice. It also does not establish an attorney-client relationship.