What is parole?

Parole, unlike probation, is not an alternative sentence but a privilege granted to some prisoners after serving a percentage of their sentence. David Serna believes 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.

David Serna believes that parole also 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.

Who are eligible for parole?

State laws can provide that some convictions make prisoners ineligible for parole. Unlike what many people believe, David Serna believes it is vital to note that someone cannot demand parole simply for good behavior during incarceration. But, many offenders may become eligible after a parole board assesses their characteristics, such as mental stability, marital status, prior criminal record, and age.

Besides personal characteristics, the parole board can also consider the nature and severity of the crime the prisoner committed, the length of the sentence served, and their degree of remorse. Also, the board can examine the prisoner’s ability to establish a permanent residence and secure gainful employment upon their release. David Serna believes that the most vital factor to consider for the eligibility is if the inmate does not pose any apparent threat to public safety and is able and willing to re-enter their community.

Does parole come with any conditions?

The U.S. Constitution’s Fourth Amendment protects citizens from unlawful seizures and searches. But, David Serna believes it is vital for parolees to remember that they are exempt from this protection. Because they are under an officer’s supervision and some limitations, authorities can search their homes at any time without a warrant. If officials find that they violated any one of the conditions of parole, the court can revoke their parole and use their belongings as evidence for additional criminal charges.

Unfortunately, David Serna discovered that only a few people know about double jeopardy and their constitutional right against it. This right essentially states that the court cannot charge an acquitted person twice for the same offense. It is essential protection for criminal defendants offered by the Fifth Amendment to the U.S. Constitution.

David Serna believes that criminal defense lawyers must discuss all aspects of their rights to their clients. One of the essential things they need to tackle is the application of their right against double jeopardy. They need to discuss what it means when prosecutors find new evidence of the defendant’s guilt after the acquittal from the first trial. The court cannot charge the defendant for the second time in this case. Double jeopardy can also occur when a judge tries to sentence a defendant who already served their punishment for a crime. Although it seems like a relatively simple concept, David Serna believes double jeopardy can be much more complicated in some cases.

Prosecutors request for a new trial if they present new compelling evidence previously unavailable at the first trial. Additionally, the court may start a new trial if the prosecution finds out about a tainted acquittal where the defense participated in intimidation of the jury or witnesses or any form of corruption at the first trial. These two circumstances usually apply to grave offenses such as aggravated rape, manslaughter, or murder.

It is why David Serna reminds other criminal defense lawyers to do their best to win the case without doing any illegal acts, which can further damage their client’s case. But, Serna also believes it is essential to remember that the right against double jeopardy applies only to criminal cases. Other parties may file civil charges against an acquitted or convicted defendant. If you need any legal assistance, David Serna is available for consultations during the COVID-19 pandemic. You can reach him via email, telephone, video conferencing, and in-person visits under strict disinfecting protocol and mask requirements.

A settlement is generally an agreement between two parties involved in a dispute. In settlements, one party decides to take no further legal action on their claim if the other agrees to pay compensation or meet their demands. Agreeing to settle your case means trying to end the dispute before the trial ends or even begins. But, David Serna wants to emphasize that settling cases do not necessarily mean that the party giving their demands is right, and the other paying party is at fault. It also does not guarantees the entire case’s end. It all depends on a party’s terms to meet or the amount to pay that the other party agrees to, as their legal counsels guide them.

Why should you consider settling your case?

Trials can be a long and costly process. People do not file a lawsuit because the courtroom experience is thrilling, but they do it because they feel that others wronged them. David Serna believes that settling a case can provide resolutions that will help both parties avoid the expense of trial and other legal costs. It can also help the defendant avoid the risk of potentially more significant losses because of the jury’s verdict. Another essential benefit David Serna thinks settling cases provide the involved parties is preventing the stress of providing witnesses and evidence and being cross-examined by skillful and aggressive lawyers.

The involved parties will settle their case after an agreement of the discussions or negotiations between the lawyers who act for each party – each working on their respective clients’ instructions.

Remember that settlements are always final. It is why David Serna emphasizes that lawyers should always discuss the full detail – terms, and compensation – of the settlement as carefully and extensively as possible. If you need legal advice, you can reach David Serna, a nationally recognized defense lawyer, via email, telephone, video conferencing, and in-person visits under strict disinfecting protocol and mask requirements.

As many of you probably know from television shows and movies, prosecutors sometimes bargain with defendants if they believe that the suspects have valuable information about other criminal activity. David Serna thinks that although it may seem rare, more people should know about immunity from prosecution, which prosecutors sometimes offer defendants in exchange for testifying against someone else. David Serna believes every defendant should know that anyone with criminal charges has a Fifth Amendment privilege against self-incrimination, which means no one can force them to reveal incriminating information about themselves. It does not only cover responses that are directly incriminating but also responses that could lead to the discovery of incriminating evidence.

A state or federal prosecutor decides who receives immunity, which they can grant for various crimes, from something as minor as theft to more severe crimes like murder. David Serna believes it is a helpful tool, when used correctly, to aid investigations and get valuable information that witnesses would not otherwise provide because of fear of prosecution.

David Serna believes that prosecutors usually offer immunity to suspects of minor crimes because they think it will help them convict or catch someone involved in a significant crime. It often arises in organized crimes when the prosecution offers a subordinate immunity to testify against the leader.

Besides its definition, application, and limits, David Serna believes it is also essential for suspects to know the types of immunity that the prosecution may offer them. One is transactional immunity, which protects against any future charges based on any matter related to the testimony. Although it is also known as total immunity and is the broadest type of immunity, it does not prevent prosecution for criminal activities unrelated to something discussed in the immunized testimony. The other primary type of immunity, known as use and derivative use immunity, comes with more restrictions. David Serna believes prosecutors offer this immunity more often because it allows them to bring charges based on the same crime against the witness. However, they can only charge the witness as long as the prosecution base them entirely on independent evidence from a different source.

One of the primary criminal law principles that people should always remember is their constitutional right to silence. The right to remain silent is famous on police television shows and movies. However, like the Miranda rights, David Serna believes that not many fully understand the constitutional right that the statement represents.

Under the Fifth Amendment to the US Constitution, an individual has the protection against being compelled to give testimony that could incriminate them. However, David Serna reminds defendants and criminal lawyers that the right to remain silent does not apply at all times. In some instances, the police may use the defendant’s silence as incriminating evidence. An individual generally does not have an obligation to answer questions asked by police officers. However, there are exceptions, like when the police officer caught the person committing a crime or has reason to believe they did or will commit one.

David Serna believes it is essential for defendants always to remember that they can impose their right to remain silent even at trial. Criminal defense lawyers have to make their clients fully understand this constitutional right to help their case. The primary application of the defendant’s right to silence occurs during criminal court proceedings. The defendant has sole discretion over whether they wish to testify at trial. Prosecutors cannot compel them to stand witness at their trial and comment if the defendant decides not to do so. Whether an individual can refuse to speak and answer questions from the police has no simple answer. What you civilians need to remember is the general rule that no one is obliged to talk to officers. However, David Serna believes it is vital to note that even non-verbal communication can be incriminating in some situations. If you need any legal assistance, David Serna is available for consultations during the COVID-19 pandemic. You can reach him via email, telephone, video conferencing, and in-person visits under strict disinfecting protocol and mask requirements.

David Serna reminds lawyers that they should always consider two essential parts of a crime: the physical act and the mental intent. If actus reus is the physical element of the crime, then mens rea is the mental element. If the prosecution wants a conviction, they need to prove that there were physical action and a state of mind to commit an offense.

Mens rea is the Latin phrase that refers to “guilty mind,” meaning it is the intention to commit an offense against criminal law. It is concerned with what the defendant thought when they committed the physical act. However, David Serna wants you to keep in mind that mens rea is different from the crime’s motive. In contrast to the intent, the motive refers to the reason that the offender committed their crime.

Note that there are three categories of mens rea: general intent, specific intent, and criminal negligence or recklessness. General intent crimes require that the offender had the intention to commit the crime, and all the prosecution needs for a conviction is the intent to commit the act that constitutes the crime. David Serna believes the best way to secure a conviction is to find a way to demonstrate that the defendant intentionally made the action and was well aware of what he was doing.

Another category of mens rea, specific intent, designates a special mental element above and beyond any mental state required concerning the crime’s physical element. It describes the defendant’s state of mind where they objectively desired a specific result to follow the physical act. To establish this principle, David Serna believes the prosecution needs to prove that the defendant acted with the intent to achieve the specific goal and the intent to commit a crime.

Criminal negligence or recklessness is the last category of mens rea. It may exist when the defendant acted with a lack of care without paying any attention to the unjustifiable risk that certain circumstances exist or the result will occur. The defendant’s mental state is of such a risky degree that their failure to perceive the risks of their actions constitutes a gross deviation from the standard of care that an ordinary individual would practice. David Serna believes that if the prosecution wants a conviction, they have to demonstrate that the defendant acted negligently or recklessly.

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. David Serna believes that only the elite few who demonstrate the highest ideals of the legal profession get the privilege and honor of joining the ranks of the NADC.

How to be a member of NADC’s Top One Percent?

There is a member selection process that has four stages. In stage one, an in-house research team or a nomination identifies the candidates from across the country. Only accepted members of the NADC, fellow attorneys, and current or former clients are allowed to nominate. Second, the researchers employ a lengthy vetting process using multiple factors from information sourced from publicly available information. Third, a blue-ribbon panel studies the research team’s results and carefully determines who possess the background, achievements, and ability to serve as a model for other attorneys to emulate. Lastly, a judicial review board, led by former judges, approves the final candidates to ensure that the selected “Top One Percent” are only the ones who have a stellar reputation and outstanding performance and epitomize the ideals of the legal profession. This rigorous process is what makes David Serna feels most honored. Among all the other outstanding lawyers in the nation, the NADC selected him as part of the top attorneys.

Ever since 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. David Serna also passionately believes in the constitutional guarantees of individual freedom and liberty, reflected in his practice style. In 2015, the National Association of Distinguished Counsel selected nationally-recognized attorney 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.

If you need any legal advice, you can reach David Serna, a nationally-recognized criminal defense lawyer, via email, telephone, video conferencing, or in-person visits under strict disinfecting protocol and mask requirements.

Stakes are high for people who face criminal charges. Their liberty, along with their profession and standing in the community, is at stake. David Serna believes that it is the criminal defense lawyer’s role to evaluate every possible circumstance involving the case and find any critical mistakes that the law enforcement made. Doing so can significantly help improve the defendant’s chance at a successful defense.

A defense lawyer can develop an effective criminal defense strategy to find out more about what the prosecutor plans to do. David Serna believes that the best criminal defense strategies come if the defendant and their defense attorney present a story based on facts and the truth that shows the defendant in the best light possible. It could lead to a plea bargain, conviction on fewer charges, or even finding of not guilty. Some defense strategies you can use include:

Lack of probable cause or suspicion

David Serna believes that it is one of the simplest but effective defense strategies to use in the courtroom, especially if the defense base it on facts. Criminal defense lawyers can effectively argue that the arresting officer did not have the probable cause or necessary and reasonable suspicion to justify the detention. The attorney can state that the police officer had a predisposition toward the defendant and had no other indications that they committed the crime.

A strong cross-examination of the officer

The defense attorney can also explore every aspect of the arresting officer’s circumstances, record, and training to build a strong cross-examination. The lawyer can also attack the officer’s memory of the events, especially if a poorly-written police report is the only thing that supports it.

Introduction of witnesses

Besides building-up a strong cross-examination, David Serna believes that introducing relevant witnesses is essential for criminal defense strategies. The defense has the constitutional right to call witnesses who may support their case. These witnesses play a significant role in clarifying what transpired by stating, under oath, everything they know about the event.

If you need legal advice, you can reach David Serna, a nationally-recognized defense lawyer, via email, telephone, video conferencing, and in-person visits under strict disinfecting protocol and mask requirements.

David Serna believes that having a criminal record can significantly limit an individual’s access to education, employment, housing, public assistance, and civic engagement. Even when arrests do not result in a conviction, the socioeconomic barriers associated with criminal records can also significantly affect a child’s long-term socioeconomic well-being. Criminal records list people’s arrests and convictions that the criminal justice system maintains. These records will include even minor convictions from many years ago and arrests that did not result in convictions.

Only a judge or court can either expunge or seal certain criminal records in the United States of America. Expungement removes arrest and convictions from a person’s criminal record entirely as if nothing happened. Not even a court or prosecutor can view a person’s expunged record. On the other hand, sealing will remove a person’s criminal record from public view. However, authorities can still access it through a court order. If you want to expunge or seal your criminal record, you will need to file a petition, appear in court, and serve a waiting period without reoffending. However, these processes can be costly because of the legal and administrative fees. David Serna believes this is what dissuades many eligible individuals from expunging or sealing their criminal records. Many people also do not know that they have these options to remedy their records.

Different states and local jurisdictions across the United States of America started to make more criminal records eligible for expungement and sealing, including criminal records that result from drug offenses and victimhood of human trafficking. David Serna is also thrilled that an increasing number of states across the country are implementing “clean slate” laws to automate sealing and expungement procedures. Attorney Serna believes it is a huge step to recognize the many barriers preventing eligible individuals from clearing their criminal records when required to file a petition.

If you need any legal assistance, David Serna is available for consultations during the COVID-19 pandemic. You can reach him via email, telephone, video conferencing, and in-person visits under strict disinfecting protocol and masks requirements.

It is incredibly stressful to get arrested not only for the suspected individual but also for his or her family and friends. After you are taken to jail, getting out is the first thing to prioritize. It does not matter what promises or threats the officers make; David Serna believes you should always exercise fundamental rights, in every situation. Immediately ask the authorities if you can contact someone to arrange for your bail.

One way to get out of jail is to post bail. Usually, cash or a piece of property pledged to the court serves as a promise that the defendant will return to court when demanded to do so. David Serna believes that the defendant must appear in court when asked to do so to get the bail money or property back and avoid receiving additional charges and issuance of a warrant of arrest.

Sometimes, and in most minor crimes, the bail amount is automatically set, and the defendant only needs to wait for the processing of the documents. However, most of the time, the court requires the defendant to see a judge before the bail amount is fixed. David Serna believes that the individual should be at his best behavior and immediately contact his or her lawyer to avoid receiving more charges and know what to do next. Rarely, the court may release the defendant without the need to pledge money or property that guarantees their return. In this case called own recognizance or O.R., the court deems the individual relatively trustworthy and low-flight risk. Usually, one must sign necessary documents to be released O.R., pledging to show up at court when demanded. David Serna believes that throughout this entire process, the defendant must contact an attorney as soon as possible, to help and guide them with the rest of the legal proceedings while negotiating the best possible plea for the case. If you need any legal assistance, he is available for consultations during COVID. Either by email, telephone, video conferencing, and in-person visits under strict disinfecting protocol and masks requirements.