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. …
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David Serna: The Right Against Double Jeopardy
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 …
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David Serna Talks About Case Settlements
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 …
David Serna: What Is Immunity In Law?
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 …
David Serna Explains the Constitutional Right to Silence
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 …
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David Serna Explains the Principle of Mens Rea
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 …
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David Serna: How To Be A Member Of NADC’s Top One Percent?
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 …
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David Serna Talks About Criminal Defense Strategies
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 …
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David Serna Explains How You Can Clear Your Criminal Record
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 …
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David Serna: How to Get Out of Jail After Your Arrest?
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 …
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