David Serna Attorney

Like parole, probation is a period of supervision ordered by the court instead of serving time in prison. Attorney David Serna believes it is an offender’s privilege if the judge rehabilitates them and guides them back into society. But, they no longer have the same level of freedom as an ordinary citizen. Although probation orders release offenders back into their community, various conditions restrict their behavior to avoid imprisonment. If they violate any one of those restrictions, the court may modify or even revoke the probation. While the judges set these conditions, criminal defense attorney David Serna believes offenders should understand and remember that probation officers enforce them. They require random and scheduled check-ins to make sure that the person under probation is behaving well.   Does probation come with conditions? What are they? Although judges have discretion in setting a probation’s conditions, they should still be reasonable. It means that they ...

Attorney David Serna believes that every lawyer must remember that the state should only punish offenders for the guilty acts they actually commit. Both elements: actus reus and mens rea must be present before a judge can impose appropriate punishment. It is why lawyers should always go back to the basics.   Actus reus, sometimes called the crime’s external element, is the Latin term for “guilty act.” Attorney David Serna believes that lawyers must always consider two parts of a crime: mental and physical intent. You can define actus reus as a criminal act resulting from an offender’s voluntary bodily movement. It describes the physical activity that causes damage to a person’s property or harm to another person.   Attorney David Serna reminds his fellow lawyers that anything from the destruction of public property to murder or physical assault will qualify as an actus reus. Actus reus can produce criminal liability when proven beyond a reasonable doubt in combination ...

  Attorney David Serna believes that even if someone is legally innocent, having a criminal record can bring barriers to an individual. 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.   Having a criminal record can significantly limit an individual’s access to certain privileges in the country. These privileges may include education, employment, housing, public assistance, and civic engagement. Attorney David Serna believes that 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.   How to Clear Criminal Records? 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...

Attorney 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.   What is immunity? Many of you probably know that prosecutors sometimes bargain with defendants if they believe that the suspects have valuable information about other criminal activity. Attorney 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.   Who grants immunity? State or federal prosecutors decide who receives immunity, which they can grant for various crimes. Attorney David Serna believes it is a helpful tool, when used correctly, ...

Nationally-recognized criminal attorney David Serna believes that it is essential for law enforcement officials to go back to the basics - the four fundamental criminal law principles. Doing so will help them treat everyone fairly and respectfully. One of these principles is the burden of proof , an important reminder for the prosecutors.   What is the principle of the burden of proof? The burden of proof is a legal duty that encompasses two connected but separate ideas that apply to establish the truth behind the trial’s facts. In a legal dispute, law enforcement always initially presumes that one party is correct while the other carries the burden of establishing the truth of facts by providing evidence.   Under the principle of burden of proof, Attorney David Serna reminds lawyers that whoever is prosecuting the accused should provide evidence persuasive enough to prove their guilt beyond a reasonable doubt. Attorney David Serna also believes that lawyers should ...

Did you know that people violate criminal laws every second? But many may wonder why people commit these offenses despite the knowledge of existing criminal laws that can provide punishment. Attorney David Serna believes that some people may even wonder if there is an objective of having criminal law if there is always someone violating other people’s rights.   Attorney David Serna believes that one of the essential definitions of criminal law is its aim to determine, acknowledge, and punish and educate the general public and offenders about their action’s consequences. Essentially, there are five criminal law objectives, and Serna believes that understanding these things well helps develop better, if not the best, lawyers.   Retribution 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. Attorney David Serna belie...

  Ever since Attorney 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 holds positions of distinction and passionately believes in the constitutional guarantees of individual freedom and liberty, which is reflected in his style of practice. In 2015, the National Association of Distinguished Counsel selected 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.   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 elite few who demonstrate the highest ideals of the legal profession get...