David Serna Attorney

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...