David Serna Attorney

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...