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Lawyer David Serna Explains What Parole Is

Defense lawyer David Serna believes parole is a privilege granted to some prisoners after serving a percentage of their sentence. It is conditional freedom for an inmate that allows them to serve the rest of their sentence in their community, under specific conditions and an official’s supervision. Lawyer David Serna also believes that parole helps offenders move back into their communities and readjust to life outside the correctional center.   But, it is essential to note that parole is not a right. Customary laws do not guarantee parole, although some criminal statutes carry a right to an eventual parole hearing. In addition, state laws can provide that some convictions make prisoners ineligible for parole. Unlike what many people believe, defense lawyer David Serna believes it is vital to note that someone cannot demand parole simply for good behavior during incarceration.   Many offenders may become eligible after a parole board assesses their characteristics, suc...
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Lawyer David Serna Shares What The Burden Of Proof Is

What is the Burden of Proof? There is always an initial presumption in a legal dispute that one party is correct. In contrast, the other party carries the burden of providing relevant and substantial evidence to establish the truth. Lawyer David Serna reminds fellow lawyers that the prosecution must provide compelling evidence to prove the defendant’s guilt beyond a reasonable doubt. Lawyer David Serna also believes that lawyers should never forget that the defendant does not carry the burden of proving their innocence. But it is in their best interest to give an honest alibi or any other evidence to help their case.   The Two Concepts of the Burden of Proof   The Burden of Production The burden of production describes one party’s obligation to provide substantial evidence to support a particular fact. Lawyer David Serna reminds fellow lawyers that determining the satisfaction of the burden of production is not an issue of fact for the jury but an issue of law. Law...
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Lawyer David Serna Talks About Responsible Marijuana Use

  The National Organization for the Reform of Marijuana Laws or NORML supports the legalization of a controlled marijuana marketplace where reliable sources can legally provide safe and affordable cannabis to consumers. In other states in the U.S., where marijuana legalization is not yet attainable, NORML also advocates for the removal of all criminal consequences for the private possession and responsible adult use of marijuana.   Lawyer David Serna, as a member of the organization since 1985, advocates for the legalization of responsible marijuana use. He believes that responsible usage guarantees assurance that consumers have access to high-quality cannabis that is safe and affordable.   Unfortunately, not all American citizens fully understand what responsible use means. Please continue reading, as lawyer David Serna discusses responsible adult use of cannabis and some associated regulations.   Lawyer David Serna, like NORML, also advocates for establ...
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Lawyer David Serna Talks About Plea Bargains

Criminal defense lawyer David Serna believes that due to an overburdened criminal justice system, the traditional image of a criminal trial now became all but obsolete in the American legal system, and the majority of criminal convictions now result from plea bargains. Their prevalence has now risen as a matter of necessity for many prosecutors and judges.   But what are plea bargains? They are an agreement between the defense and their prosecutor, in which the defendant pleads guilty or no contest (nolo contendere) in exchange for concessions by the prosecutor.   Whatever agreement the defense and prosecution may reach, lawyer David Serna believes it is crucial for defense attorneys to thoroughly examine it and ensure the benefit their client will get. They might involve a recommendation for a lenient sentence, a reduction in the charge level, or the number of charges if the defendant faces multiple charges.   Nationally recognized criminal defense lawyer Dav...
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Lawyer David Serna: What is the Constitutional Right to Remain Silent?

Although the statement “ right to remain silent ” is famous on police television shows and movies, lawyer David Serna believes that not many fully understand their right that the saying represents. He also believes that as one of the constitutional rights, people need to know and completely understand what this right means to them, especially when the state accuses them of a crime.   What is the constitutional right to remain silent? An individual, under the Fifth Amendment to the US Constitution, has guaranteed protection against being compelled by law enforcement officers to give testimony that could incriminate them. However, criminal defense lawyer David Serna reminds the defense that the right to remain silent does not apply at all times.   Are there exceptions to this rule? There is no simple answer to whether an individual should talk to the police and answer their questions. But lawyer David Serna suggests that civilians should always remember the general r...
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Lawyer David Serna Tackles Criminal Law’s Five Objectives

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Many people may be wondering why people commit crimes despite knowing that there are existing criminal laws that can provide punishment. Some people may even wonder what criminal law’s objective is if there is always someone violating others’ rights. Essentially, there are five criminal law objectives, and lawyer David Serna shares an overview of all of them in this post. He believes that understanding these things well helps develop better defense lawyers like him.   One of the most popular purposes of criminal law is retribution. It refers to the judgment of sentencing of the court, delivering punishment for an offense. A trial determines the penalty, which usually takes away certain liberties and rights of the offender. Lawyer David Serna believes that it is the most widely seen goal of criminal law. Criminals inflicted harm upon others, and consequently, the law will punish them and balance the scales once again.   Deterrence is another primary objective of crimina...
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Lawyer David Serna Shares Being A Member of NADC’s Top One Percent

  In 2015, the National Association of Distinguished Counsel selected nationally-recognized lawyer David Serna as a Nation’s Top One Percent member. This list represents the top one percent of attorneys in the whole United States, which is why it is one of the most coveted honors. Ever since criminal defense lawyer David Serna first started practicing criminal law in 1977, he received many sought-after honors and the esteem of his fellow defense lawyers and judges before whom he has appeared. He also held positions of distinction. Lawyer David Serna also passionately believes in the constitutional guarantees of individual freedom and liberty, which is reflected in his practice style.   What is the NADC? The National Association of Distinguished Counsel is committed to promoting the highest legal excellence standards in the United States of America. It aims to recognize attorneys who raise the Bar’s standards and provide a benchmark for their fellows to emulate. Only the ...
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