Megan’s Law

Domestic Violence

What is a low-level felony?

When doing your grocery shopping, the child safety seat atop of the shopping cart may look convenient when not occupied by a child, may appear to be a convenient place to put one’s purse or handbag. However, we see these purses and handbags are left open, unzipped, unsecured….exposing the owner’s wallet, keys, cell phone and more (money!) The combination of easy access and distracted shoppers creates the perfect storm for thieves. You walk over to pick up a loaf of bread to see if it is seven grain and start picking up multiple loafs. You get even more distracted when you ask a store clerk where you can find other types of bread that match the diet you happen to be on, during which the crime has been committed. Your purse, wallet and/or cellphone has been taken. Ideally, bags/purses should be worn using shoulder or cross-body straps. Whether or not you are carrying your bag or storing it in a shopping cart, please consider keeping it closed…zipped.. buttoned, etc. Open purses are a bright and shiny invitation for thieves. Have a friend or family watch your purse or put it on your shoulder (the shoulder closest to where your frame of vision is.)

“IF A WOMAN GETS ANGRY FOR ANY REASON, SHE CAN SIMPLY ACCUSE A MAN AND MEN ARE JUST ASSUMED GUILTY IN OUR SOCIETY.” DR. HELEN SMITH AUTHOR OF MEN ON STRIKE

If you are involved in a hit and run you need to contact the Law Offices of Victoria Clemans BEFORE CHARGES ARE FILED! Once the wheels are in motion and the evidence piles up against you it is very hard to rectify this crime with PTSD, Panic attacks, or whatever else you think will work for your defense. The Law offices of Victoria Clemans have had great success with what is called a “pre-file” and we know what we’re doing. Without giving away insider trade secrets, you need to know that to avoid being charged with this crime, you need us to save your job, your driver’s license, and possible prison time. Contact now for a free consultation.

I am seeing more and more cases of failing to register under “CSAR” California Sex and Arson Registration. What this means, is if you have been convicted of a sex offense or an arson offense, there is a LIFETIME REQUIREMENT that you report to the Sheriff or LAPD EVERY YEAR within five days of your birthday that your address is current. There is a section of 290.013 that has been codified that defines “domicile”. A “domicile” can be any place that you stay on a regular basis. For example your girlfriend’s house! You must keep your address updated even if you are transient. Then it is every 30 days, not once a year within 5 days of your birthday. You could be facing 4 years in state prison, plus priors. For more case law information on this or to privately discuss your matter contact the Law Offices of Victoria Clemans.

The Law Offices of Victoria Clemans now has access to information such as immigration consequences, California driver’s license, Section 8 housing eligibility, California disability, California unemployment, and more. For example, say you’re charged with a 245 in a vehicle. Not only is it a moving violation in addition to the 245, but you lose your California driver’s license FOR LIFE. This is just one example of the many areas that we can tap into to keep you informed of what pleading to a charge really means, and why you shouldn’t do that. We work hard to make sure that you don’t lose rights and privileges or have immigration consequences. You no longer have to call an immigration lawyer, we have those answers. Contact today for a free consultation!

Volunteer WorkI WAS IN COURT THIS MORNING WAITING FOR MY PRE-LIM. A LAWYER “ANNOUNCED” TO THE COURT THAT HE HAD THREE OTHER PLACES TO BE. THE COURT ASKED HIM IF HE WANTED TO INTERVIEW HIS CLIENT ON THE 14TH FLOOR AT CCB WHERE YOU HAVE ATTORNEY CLIENT PRIVILEGE. HE STATED “NO, I’LL INTERVIEW HIM OUT HERE” (IN OPEN COURT). I LEANED OVER AND SAID “ISN’T IT HARD TO BE EFFECTIVE WITH SO MANY PLACES TO BE IN ONE DAY?” HE EVADED MY QUESTION THEN DISAPPEARED INTO THE BACK INSTEAD OF GOING TO THE 14TH FLOOR FOR A PROFESSIONAL INTERVIEW IN PRIVATE.  I WAS FLABBERGASTED WHEN THE LAWYER CAME OUT WITH HIS CLIENT AND PLEAD HIM TO 28 YEARS WITH ALL KINDS OF CONDITIONS FOR A 288.5 INCLUDING SEX REGISTRATION, DNA, AIDS TESTS, ETC. HE WAS RELATIVELY YOUNG AND WAS SAYING GOODBYE TO LIFE AS HE KNEW IT. IT WAS THEN THAT I UNDERSTOOD THE LAWYER’S HASTE, HIS “BIGSHOT” STYLE, AND HIS “I’M SO IMPORTANT” ATTITUDE! HE PLEAD THIS MAN OUT WITHOUT BLINKING AN EYE. THE LAW OFFICES OF VICTORIA CLEMANS KNOWS THE SERIOUSNESS OF THIS CHARGE. WE WON’T PLEAD YOU OUT ON THE FIRST OFFER, OR AT ALL~ I COULDN’T EVEN LOOK AT THE LAWYER AS HE STRUTTED OUT OF THE COURTROOM. THE CLIENT WOULD HAVE BEEN BETTER OFF WITH A PUBLIC DEFENDER. HONESTLY, I’M SURE HE PAID OVER $10,000. THE CLIENT’S LIFE WILL BE NEARLY OVER WHEN HE PAROLES. THIS WAS NO APRIL FOOLS. APRIL 2, 2014.

A grand jury is comprised of between 16 and 23 members. It has its roots in the 5th amendment of the US constitution. In a criminal case, at least 12 members must unanimously agree on the decision at hand. The grand jury not only decides whether or not a crime was committed, but it is also an investigative tool, that the prosecutor can use to ask questions. The person of interest is not allowed to have an attorney at a grand jury proceeding, so you can imagine why a prosecutor would find this as a surefire way to investigate a pending charge or whether or not to charge a person! Who Makes Up a Grand Jury? Grand jury pools are comprised of U.S. citizens over the age of 18 living in the federal district court’s geographic jurisdiction. It is the court clerk’s duty to verify said members of the pool through proper identification such as driver’s licenses and is registered to vote. Jurors in the pool will be screened through a questionnaire. To be chosen, one must be proficient in English, have no mental and physical condition, not be currently subject to felony charges that exceed one year, and never have been convicted of same. The members are then randomly chosen/selected. What Does the Grand Jury Decide? In felony cases, there must be probable cause that a crime has been committed. Probable cause means: there must be some evidence of each element of the offense. What Kind of Cases Does the Grand Jury Hear? Grand juries are generally used in murder cases but can be used for white-collar crimes, such as fraud. Rather than presenting evidence to the judge through a preliminary hearing, most prosecutors use the grand jury because it is quicker than a preliminary hearing and the defendant has no right to counsel. As previously mentioned, prosecutors may not have all of the evidence they need to make a good case. In these instances, the grand jury is a good investigative tool. The ability to subpoena documents attaches once the jury is sworn and impaneled. Subpoena power means the prosecutor can compel witnesses to turn over documents and to testify. If there is sufficient evidence of a crime, the same grand jury has the power to indict the person they believe has committed the crime. Keep in mind that the prosecutor has an advantage because he does not know the evidence being considered, does not have a right to be present, and cannot question the evidence early in the criminal proceeding. A former chief judge of the new york court of appeals once stated: “a prosecutor could get a grand jury to indict a ham sandwich.” That line became famous and you can see from the irony that the prosecutor’s job in a grand jury proceeding is made much easier than a preliminary hearing or other investigative tools.