COURT UPHOLDS RIGHT TO WAIVER OF DEPORTATION FOR UNDOCUMENTED IMMIGRANT

Martin Mendoza Leiba (“Mendoza”) entered the country without documents from El Salvador. He got married in 1994. He and his wife have five children. In 1996 his status was adjusted to that of a lawful permanent resident and in 2001 his wife became a citizen. In 2008 he was convicted of receiving stolen property and he was given a suspended sentence. Homeland Security filed removal papers claiming that an alien who, “any time after admission,” was convicted of an aggravated […] Read more »

NINTH CIRCUIT REVERSES ACCESS DEVICE FRAUD CONVICTION

Leslie N. Onyesoh was arrested when postal agents found “stolen mail, credit cards, and a spreadsheet containing 500 expired credit card numbers” in his house. He was convicted of possession of stolen mail and access device fraud, including the knowing possession of ‘fifteen or more . . . unauthorized access devices’ with the intent to defraud.” “An unauthorized access device is defined as ‘any access device that is lost, stolen, expired, revoked, canceled, or obtained with intent to defraud. . […] Read more »

SUPREME COURT TO HERE EYEWITNESS IDENTIFICATION CASE

The Supreme Court has granted certiorari in Perry v. New Hampshire. It is black letter law that a judge must review the circumstances surrounding an out of court identification of a suspect and the subsequent in court identification when the identification is made under suggestive circumstances orchestrated by the police to detrmine reliability. The question in Perry is whether the judge has a similar duty when the suggestive circumstances are cause by civilians. According to the New York Times it […] Read more »

ANTIOCH CALIFORNIA POLICE OFFICERS LEAD CRIME WAVE

Former Antioch, California police officers Norman Wielsch, most recently head of the Central Contra Costa Narcotics Enforcement Team (CNET), and Christopher Butler, who now has a private detective agency along with San Ramon police officer, Louis Lombardi, were charged with stealing drugs from the CNET safe and selling them to Butler’s clients and to confidential informants. Lombardi was a member of CNET at the time of the thefts. Then Butler, and former Danville Officer Stephen Tanabe, were charged with setting […] Read more »

THE WOES OF A NON-CITIZEN

One of the hardest things for a criminal defense attorney to do is to deal with with non-citizen clients. Often they face deportation, exclusion, or denial of citizenship in addition to the normal punishment for a conviction. In the years I’ve been practicing I have represented numerous clients that immigrated to this country as young children with their families but have never become citizens. Many of them don’t even speak their “native” language. Many do not have any close family […] Read more »

WHO CAN YOU TRUST NOW?

Two priests stole over $8,000,000 from the collection plate and bequests at the Saint Vincent Ferrer Catholic Church in Delray Beach, Florida. Much of the money stolen was beyond the statute of limitations. However both priests who were from Ireland were convicted and sent to prison. John Skehan, 81 received 18 months in prison and seven yearrs probation after pleading guilty to stealing over $100,000. Francis Guinan, 66 was sentenced to four years in prison after being found guilty at […] Read more »