David Serna Attorney

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...