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For those small business owners who think they were ignored in the new stimulus bill (American Recovery and Reinvestment Act of 2009), think again. While the debate continues to unravel as to “who gets what and whether it is enough”, one thing is certain: more money is coming in the direction of small businesses through the U.S. Small Business Administration (SBA). Remember, this is the agency responsible for the outreach, licensing, and implementation of, you guessed it, money into the pockets of small businesses. This is done through private licensed lenders who have agreed to join the SBA program. In other words, if your local community bank has a commercial loan department, it might very well have a SBA department which makes these loans. They are called SBA loans because the Federal government will reimburse, to a certain percentage, defaulted loans, thereby giving incentive for the private banks to loan more money. Net effect–more loans will be available for small business concerns. This is a continuing article (20 in all) on the subject: Help. Is anyone out there loaning to small businesses anymore?

Before we talk about how much more money is available to the SBA under the stimulus package, let’s look at the current status of one of the popular SBA loan programs. There is a loan program out there and SBA lenders are actually making loans currently: the Community Express Loan Program. This gives unsecured small business loans between $5,000 and $50,000 with very little paperwork, answers typically in two days, interest rates presently at 7.75%, funding and two weeks, and monies wired directly to your business account. There are still lenders participating in this program, although Congress has failed to make the program permanent and still has a 10% cap on the number of loans.

Enter the Obama stimulus bill. Let us look how it affects this program and small business lending as a whole.

So should we be excited by the stimulus package? Isn’t it all too customary in a new spending bill for a government agency to receive more funds? Not at all as to the SBA. During the Bush Administration tenure, they could easily have renamed the agency the ISBA (Ignore Small Business Association). As they were making “sound bite” statements to the press of how they were helping small business, they were arrogantly trying to dismantle it, or when they were in a better mood, just cutting the budget.

The point is we have a new administration that actually likes small businesses. Remember these are additional monies over and above the SBA’s current budget . As we all know, budgets are determined in approximately March of each year (assuming Congress has the good graces to agree) to be used for the next year. The SBA has already received their budget. This is whipped cream placed on the top of that small business cake.

And we are not talking about token amounts here. Here is how the additional monies are broken down:

1. 375 million for temporary fee reductions or elimination on SBA loans and increased SBA loan guarantees, up to 90% for some loans. Translation: When a borrower gets a SBA loan they pay a SBA loan guarantee fee which goes to Washington and used as a war chest to pay banks if there has been a default. That guarantee fee, depending upon the loan, is currently between 50% and 85%. There is a possibility that some loan programs can now be increased to a whopping 90% guarantee. If a borrower no longer pays these fees, the money has to come from somewhere, and in this case it is taxpayers’ money which is subsidizing those fees.

2. 255 million for a new loan program to help small businesses meet existing debt payments. Translation. You have a loan secured by fixed assets or real estate and want to refinance it, either to lower payments or put more money in your pockets for expansion.

3. 30 million for expanding SBA’s Micro Loan Program, with $6 million to help finance new lending and 24 million for technical assistance grants to Micro lenders. . Translation: Under the Microloan program, the Federal government loans blocks of money to the Microloan lenders who then reloan it, at higher rates, to the deserving communities and small businesses and usually collateral is required.

4. 20 million for streamlining the SBA lending and oversight process with new technology. Translation: The streamlining process will make it faster and more efficient to process loans and oversight is to monitor SBA licensed lenders–make sure they are acting for the benefit of small businesses and complying with the program guidelines.

5. 15 million for expanding SBA’s surety bond guarantee program. Translation: If you are a building contractor and have to take out a performance or payment bond on a project, you need substantial assets to secure the bond. This will help getting your hands on that needed bond and be able to secure the contract.

6. 25 million for staffing as to the new programs.

7. 20 million for the Office of Inspector General. Translation: To inspect and audit the licensed SBA lenders.

Although one could make the argument this new law is “too little too late”, we have to give our current administration a chance to do good things with this fresh money. And don’t forget the mindset of the SBA lender. Although they are not as wildly quixotic as stock market speculators, their purses open and close based upon the mood of the country. We want them to be as comfortable as possible when we walk toward them for money.

Sue Malone is a small business advocate and founder of Strategies For Small Business, a company devoted to providing SBA Loans for small business owners, which loans are currently available, whether as start-ups or for the expansion needs of existing businesses. For six years she has been the nations #1 provider of SBA Community Express Loans, having funded over 25,000 businesses in all 50 states. For a free loan consultation or for more information on the programs, visit our website at: http://www.StrategiesForSmallBusiness.com Or call (925) 899-8449.

©2008 Strategies For Small Business. All rights reserved.

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Mortgage Bailout Program has been announced by treasure department to help all the existing homeowners to make the home loan payments affordable. This program has specially been designed for low income group families who are facing foreclosures due to financial crisis leading to increase in monthly expenses and decrease in income. All such homeowners are eligible for this mortgage bailout program.

Here are latest updates on Obama’s Mortgage Bailout Program:

· All borrowers who have not been making the payments for their mortgage falls under the qualifying category of the bailout program. Its main features are as follows :

1. Reduction in interest rate and monthly payments.

2. Loan Term Extension. For e.g. If your current loan term is for 30 years, you can now get it converted for 40 and 50 years.

3. Reduction in the Principal Amount.

· If you have an adjustable rate mortgage which is about to get adjusted on a higher rate, then the mortgage bailout program offers this excellent plan in which the current loan would be freezed on the rate on which the loan was started.

· According to mortgage bailout program, you are eligible for the loan modification if your monthly payment is more than 38% of your gross income then the banks would do alterations to the loan and would bring it down to the ration of the income. And further government would make sure that the borrower’s payment shall not cross 31% of his gross income.

· For getting the benefits of the bailout program, you necessarily do not have to be a defaulter on your loan, but you have to be the primary owner. No second owners can apply for loan modification. shall not be too large and must fall under the current loan limits confirmed by Fannie Mae and Freddie Mac.

· The rate relief would be provided for the initial 5 years. According to mortgage bailout program, borrowers would enjoy low rates for first five years and then the rate is going to be adjusted according to the market rate of that time.

To know more about Mortgage Bailout Programs and to check if you qualify

Click Here –> Mortgage Bailout Plan

President Obama has offered $1000 incentive for home owners that opt for Loan Modification instead of Short Sale Or Foreclosure.

To know more about Latest Loan Modification Programs and to check if you qualify for Government Grants

Click Here –> Federal Grant For Homeowners

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As The Debate Continues between our elected officials, Henry Paulson of the treasury, a concerned working class, The Big 3 Auto Makers G.M Ford and Chrysler and

A “Host of Pundit’s.” All Roads inevitably lead back to the 700 Billion Dollar Bail Out.

Some would even say that the America as we have learned to understand it has been in trouble for a long time. Ouch…You Say! How can that be true when up until just a couple of months ago we had the highest DOW in history? Since the beginning of the Industrial Revolution the measure of a Country has been its manufacturing capacity and export production. Last evening it was almost laughable as our elected officials made a “Big to Do” about the C.E.O.s of G.M, Ford and Chryslers travel arrangements to the hearings to request aid for the auto industry. There Request For A Peace of that 750 BILLION DOLLAR Bail Out. Their Request A Paltry 25 Billion, a Drop In the bucket, just a couple of executive Bonuses for The Big Boy’s At Goldman or A.I.G. Hearings that should have perhaps focused on the essential root causes of the request and the potential catastrophic effects if they were allowed to fail. Effects such as the Millions of American Families Who Would Suffer and the Potential for Millions of additional Foreclosures Created as a result of A Bad Economy and Bad Political Choices.

Wall Street Not Main Street Has Once Again Become The Law Of The Land. For Thirty Years, your elected officials have been signing Sweat Heart Trade Deals with Every Asian, European, and Latin Country they could find. All While the Lobbyist’s Circled like the Vultures They Are “CHECK BOOKS IN HAND”. The Best Government Money Can Buy…YOU BET!

All while Country’s Like China and Japan Practice Predatory Trade Practices with out the Least Interest, Intervention or Assistance from Those Same Political Leaders.

Nobody’s to blame for the failure of our Auto Industry but Our Very Elected Officials.Ouch…Again! There will be those who say…but American cars aren’t as good, My Toy—, Nis—, Hon–, BM-, Mer—-, Is A Better Car! What Kind Of A Car Could G.M. Ford or Chrysler Build If There Cars Were Subsidized, Like Their Foreign Competition?

We Even Give These Foreign Competitors Additional Breaks To Ship The Parts Into This Country In Containers, And Let Them Assemble Them Here Avoiding the Same Trade Costs Our Car Industry Pays When They Ship Over Seas.. So, you might say…Well Those are Jobs Aren’t They? Sure Instead of Employing Tens of Thousands Of People In Every Industry Imaginable We Smile As They hire a couple of dozen Workers at less that union wage all while receiving HUGE TAX and Trade Incentives. And You/We/I Wonder Why Our Auto Industry Is In Trouble. But Getting Back To The Hearings, the Private Jet Deal Is Only One More Way Our Elected Officials By Pass The Root Causes And Fruits Of Their Labor!

Did These Same These Political Pundits ASK IF A.I.G. Goldman Sachs or any other of Their Sacred Cow Financial Institutions Would Give Up Their Corporate Jets! OF COURSE NOT! A Double Standard…You Bet.

Any Body Wonder Why People Like Henry Paulson Care So Much About Wall Street and The Value Of The DOW and SO LITTLE ABOUT OUR MANUFACTURING BASE! Could It Have Anything To Do With The Hundreds of Millions In Stock He Received When He Left Goldman Sachs To Become Your Secretary Of The Treasury.

I’ve Said It Before And I’ll Say It Again!

Who’s looking out for us? Isn’t The Answer Obvious… NOBODY! Its Become Everyman/Women For Themselves. Wall Street Not Main Street, Politicians Who’s Income In No Way Justifies Their Life Style, And A Government, Treasury and Federal Reserve System All Apparently Working For The Private Sector.

And Nobody Seems To Care About The Last Vestiges Of The U.S. Auto Industry. That Once Great Proud Symbol of free enterprise and the American Way. Now, Many Of The Same Elected Officials Who Gave Wall Street a Blank Check, supported the outsourcing of American Jobs, Massive Trade Deficits through the Wholesale Dismantling of American’s Once Proud Manufacturing Base, Ignored, No Laughed at the loss of job’s (AMERICAN JOB’S) that would Occur If These Company’s failed. GREAT | JUST GREAT | Our Government Worries about the International Financial Impact Of The Financial Meltdown But Kicks Americans Job’s | Futures | Retirements To The Ground. American Job’s Should Once Again Mean…MADE IN AMERICA!

And a Bail Out Of The BIG THREE! Just Take It Out Of The Year End Bonuses Of The Financial Institution’s that received the 750 Billion! The COE’S Of G.M Ford And Chrysler Agreed To Work For Free! CAN THAT BE SAID ABOUT THE CEO’S OF GOLDMAN SACHS OR A.I.G.

I THINK NOT.

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Criminal defense advice is counseling given by criminal defense lawyers or attorneys that help resolve legal issues. Criminal defense advisors are experts in criminal law who will be able to provide thorough and competent legal representation to the accused. They provide services to the accused in every stage, from arrest to trial and to appeal. Criminal defense advisors will also be able to explain weak points to the prosecutor concerning the case after studying it thoroughly and reviewing the facts. They will also provide information on the probability of success and the requirements needed to fight the case. They will be able to provide all the information on criminal justice procedure in each and every stage of the case. They will also be able to explain in detail the rights and possible legal consequences of different criminal behavior. The criminal defense lawyer will teach what the accused can do in certain cases.

Criminal defense advice can be about DUI, DWI, assault, disorderly conduct, kidnapping, domestic violence, embezzlement, felonies, hit and run, murder, parole violations, bench warrants or arrest warrants, bail hearings, administrative hearings, summonses, and more.

There are a lot of legal organizations that provide criminal defense advice throughout the country. Criminal defense advice can also be received on the Internet. Some not-for-profit legal organizations and bar associations offer free criminal defense advice. They will be able to find the best possible solution depending upon the client?s problem. However, before approaching an attorney for legal assistance, it is advisable to do research on the chosen criminal defense lawyer?s certification, specialization, state bar records, credentials, ratings, years of experience, and verdicts and settlements. The Internet would be the best source to search for a qualified and experienced criminal defense lawyer. Attorney Search Network will help one find criminal defense lawyers and attorneys in any locality.

Criminal Defense provides detailed information on Criminal Defense, Criminal Defense Attorneys, White Collar Criminal Defense, Criminal Defense Law and more. Criminal Defense is affiliated with San Diego Dui Laws.

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A bail bondsman is a person who provides various services to those who find themselves in trouble with the law by ensuring payment of the offender’s bond. The court will, at times, release the accused from jail only if the offender can afford the security amount that is set by the law. In some cases the suspect cannot make the surety amount so his family communicates with the bondsman, seeking help to make the payment. In some cases these agents will pay the sum due on behalf of the client. When this is done, the family will pay a premium on the payable amount or sign over a lien on personal property.

An agent has a specific duty to guarantee the full payment of the bond, should the suspect fail to make an appearance. Because he could lose a substantial amount of money if the accused makes a no show in court, the bondsman often requires the offender’s family to pay at least 10% of the total payable. In addition, a lien must also be signed over on the family’s personal belongings or property such as a house, land or other assets. Also, there may be a service fee of several hundred dollars.

For example, if the bail is set at $10,000, the defendant pays the agent $1,000 (10% of the total amount). And if the perpetrator appears on the scheduled date, the agent does not pay anything.

The bondsman states the client’s background and criminal record to decide if that person is at risk of not showing for court dates. He finishes the paper work and keeps a record in his or her files. He works in a timely manner in order to get the defendant out of jail. Once the defendant is released, he or she is free to leave; however, the defendant must agree to return on the appointed date.

There are several types:

* Surety bond-an agent guarantees that they will pay if the accused doesn’t show up in court.

* Cash bail-this is when the perpetrator must post bail in cash and not in assets.

* Property-this is when a lien on a property is made to ensure the payment.

* Release on Personal Recognizance-the accused is released without any financial motive to secure their return.

* Unsecured Personal-there is a cash penalty if the offender fails to appear.

* Secured Personal-this is where the suspect is allowed to post his or her own bond directly to the court.

* Pre-Trial Release- an officer of the pretrial release unit agrees to take the defendant’s case and the accused is released after meeting specific requirements for participation in the program.

An excellent bail bondsman bonds you or your loved ones out of jail guiding you through appropriate procedures that are on the right side of the law. To know more, visit http://www.donmckaybail.com

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When you sit down and really look at your personal financial situation and see that credit card debt is a major issue then it is past the time to take action. Your credit card balances are rising while your personal income is decreasing and this is one of the major reasons why people get in over their heads with a mountain of debt and need to seek out a debt consolidation service to help dig themselves out of a hole.

Treadmill-like Situation

The way people stay in this treadmill-like situation for paying only minimum balances is that they only pay the necessary minimum amounts each and every month. This is not a method for paying down the principle only to pay the interest that accrues each and every month and sometimes not even impacting the principal. That’s ridiculous and any payment that you send in should at the very least reflect 50% against the principle of that debt.

High-Interest Rates Very Risky

Do you see how interest rates are very important when it comes to signing-up for credit cards and how they can get you in trouble if they are too high? We cannot count how many times individuals have come to our offices and sat and cried in that brown leather chair. They did not realize that an inflated interest rate would cause so much damage and could change everything with only a few extra points on only a few credit cards.

Money Motivated Credit Card Firms

This does happen and this happens many times as the credit card companies are concerned only with the amount of money that credit revolving charge account can make further down through interest. The principle does not really matter as that is going to be a relatively stable entity and although an important sum of money something that will serve as a launching board for the rest of the interest and fees and penalties for being late.

Out of Hand

Other than high interest rates and minimum payments for credit card accounts there are other reasons that credit card debt has gotten out of hand. There is a situation where individuals have more credit cards then they possibly could have ever needed. This is usually the outcome and side byproduct of maxing out one card and obtaining another. This leads many times to the scenario called; Robin Peter to Pay Paul Syndrome.

PayPal Safe

It happens all the time and it will probably happen to this financial writer if given the opportunity and the option for such a risky backwards personal bail out. Fortunately things have settled down over here on this side of the world when it comes to personal financial debt and the only credit card debts in this wallet are PayPal business debt and a library card.

Rachel Frost is the content coordinator for leading finance related websites that offer debt consolidation advice and guidance. Find out what to look for in a credit card debt service today to help you improve your finances and the quality of your life.

Hopefully this debt article will help you in your search for answers to your financial problems. There are a lot of things to consider before you finally choose the right debt solution to meet your needs. Be very careful in choosing the right debt counseling service. Debt counseling will not wipe out your debts instantly but it will assist you in re-establishing your financial reputation. Do not trust companies that advertise Credit Repair instead of Counseling and promises instant deletion of your debts.

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If you are ever stuck with a criminal problem, you will need a very good legal representative to bail you out of your problem. This is not the time to make compromises. You need the best of the criminal lawyers to represent you. So, how do you go about finding them? Here’s a bunch of things you need to consider.

The Qualification of the Lawyer

The qualification is important for two reasons-you need to ensure that the lawyer knows the law thoroughly well so that they can see how they can save you from the situation and you need to ensure that the lawyer is qualified to practice in the area where the proceedings are being conducted. At the very least, you have to see whether the criminal lawyer you are hiring has passed the bar examination.

The Expertise of the Lawyer

Criminal law is a very delicate area. Mere qualification is not enough. You have to see that the lawyer has the right kind of expertise. Check since how many years the lawyer has been practicing. Also, you need to check whether the lawyer has special expertise in the field you need your legal representation. A lawyer that has good experience in helping people out of drunk driving cases won’t always be a good choice for representing someone accused of manslaughter, for instance. Hence, you need to see if the lawyer has worked in the specific area you require.

The Success Rate of the Lawyer

Make sure to check upon how successful the lawyer has been. It is necessary that they have successfully helped their previous clients. Now, the success rate won’t be perfect in most cases, but it should at least be reassuring for you to hire this counsel.

Your Compatibility with Them

One more important point in hiring criminal lawyers is that you need to check whether you will be compatible with them. You have to like your lawyer. You have to find your lawyer trustworthy and reliable. This is because you are going to entrust them with some highly personal information and you need to feel comfortable about doing that. Most importantly, you have to see whether the lawyer stays attentive while you speak. Do they pay attention to details? These are things you need to look at.

The Lawyer’s Plan of Action

Every lawyer has a different plan of action, also known as a strategy, in approaching cases. You could ask them during your initial meetings how they plan to approach your case. You must go ahead with them only when you are comfortable with the ways they are going to implement to save you from the clutches of the law.

The Costs of the Lawyer

Legal representation can be a very costly affair and definitely the costs are something that you should give serious consideration to. Lawyers might charge you by the hour, or by the minute when you speak with them over the phone or even a lump sum charge with other sundry expenses paid. You have to talk about their pricing right at the start, keeping no ambiguities whatsoever. You don’t want their charges to snowball into such a high figure that it creates a further problem for you.

Kelly Hunter owns and operates http://www.online-criminaljusticedegree.com and also writes about Criminal Justice Degree Online.

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David could not believe that he was finding he had the skills to deal with his fairly new job as a NJ bail bondsman. Before applying for this job and receiving the required training he did not even know exactly how NJ bail bonds were issued but he found that he was a pretty quick learner and he appreciated once again being able to pay his bills on time. He also found it gratifying to be the bridge between the relative of the imprisoned person and the court system when they were trying to get their loved one out of jail. He found that his patience and reasoning skills were useful in explaining exactly how his special services could be utilized and the consequences that would occur if the agreement between the court and the prisoner were broken. These consequences would have an effect on the relative even more so than their loved one in jail so he was careful to explain what they may lose financially if the terms of the agreement were not kept by the prisoner needing his services. Skills that David possessed that made him suitable for this job were:

• Good verbal skills: When a person is emotionally upset due to the stress of a loved one or even a good friend being held in jail, it is very important that they understand what they are signing. Good verbal skills and honest communication are vital to their understanding of the legal processes and the chances they are taking to free someone from jail under their signature on the dotted line.

• Patience: People have many questions when they are having trouble understanding the process of how the process works for freeing someone from jail. It is especially important to answer each question completely in order that they have full knowledge of the risk to their finances and possibly their car or home if it is put up for collateral in order to secure freedom for someone they know and love.

• Empathy: Imagine talking to a father or mother whose child had committed a serious crime or a husband or wife who had just found out that their spouse was capable of committing a very bad act? These kinds of situations call for a sympathetic ear and as much kindness as a person can muster.

• Confidence: This comes in handy when dealings are conducted with the court in order to set limits on the amount of money needed to set someone free. There is a certain amount of bargaining that goes on when coming to an agreement between the person utilizing the needed services and the courts.

• Follow through: Any time a job consists of first meeting with a client, then meeting with an outside party (in this case the court) and then getting the necessary paperwork signed and processed, it is important that a person complete several steps along the way. In the event that any one of these steps is improperly completed a delay may be experienced and it can cause a hardship on an entire family.

Connor R. Sullivan has a son in law school who works closely with a NJ bail bonds firm as part of his training. His son learned a lot during his training as a NJ bail bondsman.

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To avoid a license suspension, drivers should always be aware of their driving record and how many points they have accumulated. When a person accumulates a certain number of points on their license, it can be suspended or revoked. The length of suspension varies according to the specific situation and the severity of the offense.

If a driver is caught driving with a suspended license, the penalties can be severe. Penalties can include large monetary fines, impounding of the vehicle, probation, or even jail time. In most cases, the defendant would benefit from hiring an attorney. Lawyers who specialize in traffic law have the knowledge and experience necessary to help the unfortunate driver fight their license suspension.

To reinstate a driver’s license, the process can be very complicated. To avoid frustration or costly mistakes with the legal system, drivers facing license issues should hire an attorney. A legal professional knows the court system and all of the various steps needed to reinstate a license. The average defendant will need guidance from an attorney to prepare the necessary evidence. Many people depend on their car as their primary form of transportation and should not take a license suspension lightly.

Your driving record will follow you across state lines. This means that even if you receive a traffic violation in one state that carries points, your records will still be accessible and these points can be transferred. This is especially true in the New York Tri-State area. It can be difficult to obtain affordable insurance if you have too many points on your license, or if you have had your license revoked or suspended. It would be in your best interest to fight any tickets that you have received.

If you are dependent on your car for employment and you lose your license, you should definitely consider hiring a professional to help you to keep your license. Often a traffic violation is mistakenly or unfairly issued and you should strongly consider fighting the ticket in this situation.

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The Anatomy of a Criminal Case and ARREST.

The person suspected of committing a criminal act is arrested.

If the target person is not immediately arrested, that doesn’t mean that he or she won’t be. It means that the police are continuing to investigate the incident and are trying to obtain sufficient evidence to arrest the target person.

RELEASE.

After arrest, the police can release a person O.R., on their own recognizance, in which case bail does not have to be posted, or they can release him or her after the bail amount set is posted.

BAIL AMOUNT.

There is a bail schedule setting bail amounts for each offense. For example, a felony domestic violence bail is $50,000. A misdemeanor DUI bail amount is $5,000. When setting bail, the judge must assume that all of the allegations against the person in custody are true. However, bail amounts must be constitutionally reasonable.

ARGUING FOR AN O.R. RELEASE.

In urging the court to release our client O.R., we argue that our clients have strong ties to the community, that they have hired us to assist them through the process, that they are not a flight risk and will appear at each and every court appearance set. If the judge does release our client O.R., the judge can attach terms and conditions of that release.

THE POLICE WRITE A REPORT.

After a triggering event, the police agency writes a report regarding the incident.

ATTEMPT TO PREVENT.

In the event that the target person is not immediately arrested, we can be hired at this point while the investigation is ongoing to try to attempt to prevent a criminal filing against him or her in criminal court. We do this by trying to obtain sworn declarations of people having knowledge of things which tend to exonerate our client or mitigate the situation in some way and by submitting any and all other evidence of mitigation, for example, attendance at meetings and programs and efforts taken after the event to right things and character reference letters.

THE POLICE SUBMIT THEIR REPORTS TO THE PROSECUTOR.

After the investigation into the situation is complete to their satisfaction, the police agency submits their findings to the prosecutor who is in charge of deciding whether or not to file the case against our client in criminal court. The prosecutor reviews all materials relevant to the event and makes a decision as to whether or not they feel that they can prove a criminal count or counts against our client. The prosecutor must keep in mind here the standard that applies to all criminal cases: CAN THEY PROVE OUR CLIENT GUILTY BEYOND A REASONABLE DOUBT? They also need to remember that a unanimous jury is required to convict our client: twelve members of the community selected by process of elimination through peremptory challenges by both the prosecutor and the defense must all find guilt beyond a reasonable doubt. EVEN ONE JUROR WHO DOES NOT FIND THAT THE REASONABLE DOUBT STANDARD HAS BEEN MET MEANS THAT OUR CLIENT IS NOT GUILTY and a hung jury is declared.

INFORMAL PROSECUTOR OFFICE HEARING.

There are cases where we are able to convince the prosecutor to hold an informal hearing in their offices instead of filing a criminal case against our client in criminal court. Typically in these hearings the complaining witness, our client and we are present with the prosecutor. After an informal discussion of the event, our client is most often released with no penalty.

ARRAIGNMENT.

This is the first court appearance in all criminal cases. The discovery, or the documents in the prosecutor’s possession that relate to the case is turned over to us at this proceeding. A “NOT GUILTY” plea is entered at arraignment except in extremely rare situations. 2

MISDEMEANORS.

Misdemeanors are “low grade” offenses, petty theft, DUI, driving on a suspended license and possession of less than an ounce of marijuana are examples. You can do county jail time for all misdemeanor offenses, ranging from ninety days to one year in the county jail. WE CAN APPEAR FOR YOU IN MISDEMEANORS pursuant to Penal Code section 977(a): YOU NEED NOT APPEAR IN COURT.3 However, we will let you know if we think that your appearance will be helpful in some way.

PRETRIAL CONFERENCE.

The pretrial conference is set about a month after arraignment. At a pretrial conference, we conference, or discuss, the case with the prosecutor. We speak to the prosecutor about the weaknesses in the prosecutor’s case to amplify the reasonable doubt standard that applies to all of our clients. We speak to them about factors in mitigation, for example, a history of drug use, alcohol abuse, mental health issues, tough family situations, marital discord. We talk to the prosecutor about things that our client may have done after the triggering event to rehabilitate him or herself, like attendance at a drug and alcohol rehabilitation center, AA, NA, CA and MA meetings, payment for any damages caused and the like. We give the prosecutor character reference letters written by family, friends, employers, employees and others with personal knowledge of our client and his or her life situation and character traits. There may be several pretrial conferences set throughout a misdemeanor case.

DISCOVERY.

After a review of the initial documentation that the prosecutor provides to us at your arraignment, we may find that there are holes in their case that we need more information on. It is the prosecutor’s duty to provide any and all information that can help our client. To this end, we write the prosecutor a letter under Penal Code section 1054. This is an informal letter requesting additional items of information that we require to defend you throughout the case. For example, if the police report says, “ambulance number 53 responded to the scene (ambulance incident report number 2008-99-66432),” our request to this would be that the prosecutor provide us “any and all reports, notations and recordings in any form, with regard to ambulance number 53′s incident report number 2008-99-66432.”

There are also times when we seek information without the prosecutor’s assistance directly through the agency that we believe holds the documentation that we seek: for example, subpoenas to a casino for video surveillance tapes or to a hospital for medical records.

THE PROSECUTOR’S OFFER.

The offer is an offer to settle the case short of going to trial. The offer is to plead guilty or no contest to a particular charge with particularized and statutory terms and conditions of probation.

OUR COUNTER OFFER.

Perhaps right after the prosecutor’s offer or, more likely, on a future pretrial conference court date, we make a counter offer if appropriate. For example, in a DUI case where the breath test results are .09, .10, and the prosecutor’s offer is to plead no contest to a standard DUI, we may make a counter offer for a no contest plea to a reduction to a DUI charge, a “wet reckless” for example, or even a dry reckless or two traffic tickets. If the prosecutor wants a plea to a petty theft, we may propose a counter offer for a disturbing the peace or a trespass charge.

HIGHER UPS.

If the prosecutor in court is unreasonably inflexible and we feel it appropriate, we will schedule an in person or a telephone meeting with a higher up prosecutor to get a second opinion and to try to get the higher up to authorize a plea agreement consistent with our counter offer.

YOUR DECISION.

At the “end of the road,” when we have gone absolutely as far as we can to achieve the best possible proposed resolution, the discovery process is complete and the prosecutor has extended its best offer, you have a decision to make. WILL YOU RESOLVE THE CASE SHORT OF TRIAL THROUGH A PLEA BARGAIN OR WILL YOU GO TO TRIAL? We will guide you throughout this process and be very straight and honest with you in terms of the likelihood of success at trial and our opinion as to the best course of action based upon all of the facts and circumstances at hand.

FELONIES.

Felonies are “high grade” offenses. Examples are robbery, burglary, murder, rape and weapons charges. YOU MUST APPEAR IN COURT WITH US IF YOU ARE CHARGED WITH A FELONY.4 You can do state prison time for all felonies. Statutorily, or by law, each felony holds three possible state prison terms, low, mid and high term. For example, in a voluntary manslaughter case, the possible state prison terms are 3, 6 and 11 years. In a first degree burglary case, the possible state prison terms are 2, 4 and 6 years.

ENHANCEMENTS:

These are further allegations by the prosecutor that serve to increase the period of custody time above and beyond the statutory low, mid and high terms. Examples of enhancements are membership and acting in furtherance of a criminal street gang, having a prior prison term and causing great bodily injury.

The first appearance after arraignment in a felony case is called different things:

EARLY DISPOSITION CONFERENCE/ PRE-PRELIMINARY HEARING.

This appearance is similar to the misdemeanor pretrial conference. We speak to the prosecutor about the weaknesses in the prosecutor’s case, to amplify the reasonable doubt standard that applies to all of our clients. We speak to them about factors in mitigation, for example, a history of drug use, alcohol abuse, mental health issues, tough family situations, marital discord. We talk to the prosecutor about things that our client may have done after the triggering event, like attendance at a drug and alcohol rehabilitation center, AA, NA, CA and MA meetings, payment for any damages caused and the like. We give the prosecutor character reference letters written by family, friends, employers, employees and others with personal knowledge of our client. There may be several early disposition conferences or pre-preliminary hearing appearances set throughout the case.

THE PROBATION REPORT.

In felony cases, our client, usually accompanied by us, attends a probationary interview with a state probation officer. This interview includes the probation officer taking an in-depth factual inquiry which goes to the question of whether or not our client is suitable for probationary supervision. This is clearly the goal in felony cases. Most often, our client does not discuss the facts of the case with the probation officer. When we go to court after our probation interview and pick up the actual written probation report, we want to see that the probation officer whom we met with RECOMMENDS PROBATION and not state prison.

THE PROSECUTOR’S OFFER.

The prosecutor makes an offer to settle the case. This is typically the best offer that is extended by the prosecutor in a felony case before preliminary hearing (discussed below).

OUR COUNTER OFFER.

Many times in felony cases, our counter offer will include a request to reduce the charge from a felony to a misdemeanor. If the prosecutor is set on a prison offer, we may make a counter offer for a ninety day diagnostic study so that we can have another opportunity at a probation recommendation.

HIGHER UPS.

Again, if we feel it necessary and appropriate, we meet with a higher up prosecutor to see if we can get a better offer extended.

PRELIMINARY HEARING.

In situations where circumstances prevent resolving the matter early, we proceed to preliminary hearing. Preliminary hearing is a long proceeding wherein the prosecutor calls witnesses to testify in court about the event. AT THIS PROCEEDING, THE ACTUAL COMPLAINING WITNESSES DO NOT NEED TO APPEAR TO TESTIFY. Under Proposition 115, the prosecutor only needs to call the police officers who investigated the event to testify. However, at the actual trial, the complaining witnesses themselves need to come into court and testify.

THE JUDGE’S DECISION.

At the end of the preliminary hearing, the judge makes a determination as to whether or not there is enough evidence to hold our client to answer to any or all of the charges against him or her. The standard of proof at a preliminary hearing is not beyond a reasonable doubt. The prosecutor must show instead that there is a STRONG SUSPICION that our client is the person who committed a crime or crimes. We fight at every twist and turn during preliminary hearing. If the judge does not believe that the strong suspicion standard is met, the matter will be DISMISSED. If the case is dismissed, the prosecutor has the option to re-file the case against you or to drop the case entirely.

MOTION TO REDUCE.

During argument after preliminary hearing, if appropriate, we can make a motion under Penal Code section 17(b) to reduce the charge or charges from felonies to misdemeanors.

ARRAIGNMENT.

If the judge finds that a strong suspicion does exist and our client is held to answer after preliminary hearing, he or she will set the matter for another arraignment. Again, we typically plead “NOT GUILTY” at this appearance.

PRETRIAL CONFERENCE.

Then the matter proceeds to pretrial conference. The same applies here that has been discussed above and again, there may be several pretrial conferences before trial.

YOUR DECISION.

At the “end of the road,” when we have gone absolutely as far as we can in your defense, the discovery process is complete and the prosecutor has extended its best offer, you have a decision to make. WILL YOU RESOLVE THE CASE SHORT OF TRIAL THROUGH A PLEA BARGAIN OR WILL YOU GO TO TRIAL? We will guide you throughout this process and be very straight and honest with you in terms of the likelihood of success at trial and our opinion as to the best course of action based upon all of the facts and circumstances at hand.

TRIAL.

There are two types of trial, a court trial and a jury trial. YOU HAVE THE CONSTITUTIONAL RIGHT TO GO TO TRIAL. This is true in both misdemeanor and felony cases. A court trial is a trial where the only decision maker is the judge: the judge listens to all of the evidence and decides if there is proof to show your guilt beyond a reasonable doubt. A jury trial is where twelve members of the community are selected to listen to all of the evidence and to decide guilt or innocence.

NOT GUILTY.

This is obviously what we want to hear the clerk of the court pronounce when reading the verdict forms at the end of trial. The case is then DISMISSED and our client is DISCHARGED.

GUILTY/SENTENCING.

After this pronouncement, either our client is sentenced immediately or a date is set in the future for sentencing. If there is no legal cause why judgment should not be pronounced, the judge imposes sentence, either probation with terms and conditions or state prison.

APPEAL.

This is a plea to a higher court, the Court of Appeal, to overturn the conviction and/or sentence of the lower court, the trial court. An appeal is a lengthy, labor-intensive process and we can be hired separately for the handling of an appeal.

NOTES.

1 We cannot and will not guarantee any particular result in a criminal case. The following outline is for informational purposes so that you understand the generalities of the structures and proceedings that we see every day in our practice of criminal defense law.

2 An example of such a rare case: our client is only charged with a first offense DUI when we know that he or she actually has three prior DUIs within the relevant ten year time period.

3 There are certain exceptions to this: for example, for an arraignment on a domestic violence case, our client must appear with us. And there are times when the judge orders that you are present for some hearings.

4 There is a document called a WAIVER OF PERSONAL APPEARANCE under Penal Code section 977B which is applicable in felony cases and we can in certain circumstances ask the judge to allow us to appear in court for you. This waiver has limitations, though, and even if the judge allows the waiver, you must appear for your arraignment and all other significant court appearances like the preliminary hearing, the taking of a plea and other proceedings during which someone testifies under oath.

LET US PROTECT YOUR RIGHTS!

Sharon Beth Morris graduated from Pepperdine University School of Law after receiving her undergraduate degree from the University of California at Santa Barbara. In addition to handling many of the firm’s cases, she also handles the firms DUI and DMV matters. Ms. Morris is a member of the Board of Directors of the Tobie Lee Foundation.

Contact Information:

Telephone: (818) 990-5551
Facsimile: (818) 990-5531
Pager: (818) 218-9463
Email: alison@triessl-morris.com
Mailing Address: 15300 Ventura Boulevard
Suite 300
Sherman Oaks, California 91403

Ms. Morris also enjoys a solid reputation. She works tirelessly on her cases and turns over stones to try to find the details which are significant in highlighting the strengths of the defense case and also the weaknesses in the prosecutions case.

Sharon Morris is the 2009 First Vice President for the Criminal Courts Bar Association.

Contact Information:

http://www.triessl-morris.com/default.htm

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