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...

 Although it may not seem like it, relatively few disputes reach trials. It is because of case settlements, which can bring significant benefits to the involved parties. But in some cases, involved parties feel dismayed when their legal counsel encourages them to settle instead of going through all legal procedures. Some people wonder if their lawyers are not aggressive enough to win the case or if they lost faith in the entire case. A legal counsel cannot, in any case, suggest a tie. David Serna believes that a settlement does not necessarily mean that anyone was right or wrong, nor does it have to settle the entire case. Nationally-recognized criminal defense attorney David Serna believes that it is essential to discuss settlements and the lawyer’s role in it.   Lawyers should adequately guide their clients to prevent them from having misapprehensions, which can have disastrous effects. Attorney David Serna believes that lawyers should explore reasonable settlement terms...

Before knowing what you need to do and avoid when you get arrested, Attorney David Serna believes it is vital that you know what will get you in trouble and get you arrested. Just like in other states, police officers may charge you: ●      if a police officer is present, and someone accuses you of committing a crime; ●      if someone accuses you of committing a crime that falls under the exception of warrantless arrests, such as battery; ●      if in pursuant of a warrant, a judge summons you to court   After getting arrested, Attorney David Serna believes it is best if you concentrate on protecting your rights. Explain to the law enforcement officers that you will not provide any information until you have spoken to an attorney.   Attorney David Serna believes that one of the most vital things you need to remember is that you do not speak to law enforcement officers without talking to your attorney. I...

  What are Miranda rights? More accurately known as Miranda warning, Miranda rights were made as a part of the common vernacular after the U.S. Supreme Court of Miranda vs. Arizona. In this case, the Supreme Court decided that all suspects must be immediately advised of their rights. Attorney David Serna believes that this is crucial for suspected individuals since every action or word they say may significantly affect their legal proceedings. Attorney David Serna also reminds individuals that the location of interrogation does not matter. Whether it occurred in jail, the streets, at the scene of the crime, or even in a car, the police must read the Miranda rights to the person if they want to use the person's responses as evidence. However, if the person is not in police custody as he or she makes admissions, then the information can be used against the person later on legal proceedings. “You have the right to remain silent. Anything you say can and will be used against you in a...

For David Serna, an attorney must also abide by the idea of “making an impression.” One’s appearance and conduct at court may have a tremendous impact on how the case is handled. This not only applies to the counsels present but also for witnesses, defendants, and other participants at court. It’s vital to dress and behave appropriately for one’s court appearance. There are several things to consider when making your court appearance. Consider the judge You will be facing a judge at the court, and for David Serna, an attorney must review how they or the defendant must appear before the judge. Everything from the clothes, the hair, to the demeanor will be taken into account, especially when the character is part of the consideration. In whatever way you would like the judge to perceive you, you must present yourself in the manner that befits it. Always ask for permission As far as anyone is concerned, the judge is the most crucial figure in the entire courtroom. Before you can app...

Getting a lawyer is important when you have been charged with a felony. However, before getting one, it would also be wise to read about the justice system and learn more about the basic rules of criminal procedure. David Serna, an attorney with more than 40 years of experience in litigation, helps his readers understand the technicalities of court procedure. Today, he will discuss the initial stages of the process. In criminal procedure, it is not the police officer who files a charge or complaint against an erring individual. Rather, it is the prosecutor, a lawyer who represents the state. The role of the peace officer is limited to making a detailed report of the facts and circumstances leading to the arrest. The arresting report typically contains the acts constituting a crime, the time and location of the arrest, and the names of witnesses, if there be any. In some instances, a peace officer can recommend that more than one crime be charged. After the report is submi...

David Serna, an attorney-at-law, discusses various matters and issues on litigation, prosecution, and defense. Most of his readers consist of both newly-minted and experienced lawyers. Today, he discusses the importance of leaving an impact on the jury. Jurors will not remember what they do not understand. The narrative of the case and the evidence supporting such narrative must be clear to them. Ideally, the narrative must be detailed but, at the same time, concise. David Serna tells attorneys that the advantage of being concise and detailed with the facts desired to be established is that the theory of the case becomes easier for the jury to recall during the deliberations. Each piece of evidence must have a purpose. The job of the lawyer is to establish the usefulness of the evidence. For instance, there are cases where drug, blood, or field sobriety tests give weight to the theory of the case. In effect, the version of the narrative becomes more convincing to the jury. ...

Lawyers should stay ahead of their opponents and should be able to anticipate, among others, possible defenses, possible defense witnesses, the attitude of the defense counsel, and the behavior of the judge. Today, David Serna, an attorney with invaluable experience and unmatched skill, advises on what to expect during trial. 1.        Defenses of the opponent In criminal cases, there are only a few valid and legitimate defenses that may be raised by the defendant. Some of the most usual defenses are the following: -           The identity of the defendant (more commonly known as the “Some Other Dude Did It” defense or SODDI, in short) -           Innocence, such as self-defense, insanity, or necessity -           Lack of evidence -           The witness or evide...

There are many ways to convince the jury that the testimony of a witness is unreliable or that the witness himself is not credible. Before impeaching a witness, the lawyer must first be knowledgeable about the State-specific rules of evidence as these rules vary widely. Some rules that apply in one state are not applicable to another. Once familiar with the rules, the next step is to find ways to undermine the evidence of the opponent validly. Today, David Serna, attorney-at-law, shares two common grounds used in impeaching a witness. 1.        Federal Rule of Evidence 602: Lack of Personal Knowledge As a rule, anyone is competent to testify. However, a fact witness cannot testify on matters he or she has no personal knowledge of. Only opinion or expert witnesses can testify insofar as their opinions matter. A witness lacks personal knowledge when he or she was not present during the commission of the crime and has no way of knowing for sure h...

Going to trial is a whole new level of experience for freshly minted lawyers. It’s not something lawyers learn just by reading textbooks or watching films showing lawyers conducting direct and cross-examination. There is no other way to learn this but by doing—and making mistakes. If you think that you do not have the talent for litigation, you should know that some of the best trial lawyers took time to develop the skills required in litigation. In this short article, David Serna, attorney and well-known lecturer, shares the most common mistakes young lawyers make during direct examination. 1.        Relying too much on cross-examination and taking the direct examination for granted Many young lawyers depend on ways to weaken the defenses raised during the cross-examination. They forget to establish a sturdy foundation during direct examination. A story that has a strong foundation is memorable to the court. What will matter by deliberations is...