To all our current and prospective clients: In light of the National Emergency, our office will still be operational from either our office or remotely depending on the status of events. Either way, we still answer all of our calls directly 24/7. The best way to get a hold of us would be through our office number (951) 686-4818 or email (kia@kialaw.com). Our day-to-day operations depend on the safety of our staff and the courts being open for business. Feel free to reach out to us to inquire about your case or discuss any new cases with Mr. Feyzjou at the number above. Stay safe and we remain hopeful that this too shall pass with everyone’s health and safety in mind.

How to defend against a temporary restraining order in Court?

Relationships are tough. One day you’re the happiest person on earth, then, suddenly, the relationship goes south and you find yourself staring at a Temporary Restraining Order that was served on you by a sheriff on behalf of your spouse, partner, friend, lover, or whoever. What should you do?  First of all, don’t try to defend against it yourself.

You’ve been served with very important documents that need a typewritten response. I have seen  false allegations of abuse for a variety of reasons, including child custody, retaliation, and other reasons. As they say, only a fool represents himself. Contact Kia Law Firm for a free consultation.

Routinely, we hear judges saying, “If it isn’t true, why did they file the case against you?”. With a good lawyer, we can use our investigators to determine what motive caused the false allegations. If you lose the hearing, you could lose custody of children, lose your job and be forced to lose your firearms, etc. Call 951-686-4818 for a free consultation.

My wife doesn’t want to press domestic violence charges in Riverside

It doesn’t matter if your wife wants to press charges or not when it comes to Domestic Violence cases in Riverside. That choice resides with the District Attorney who will make their decision based upon the information contained in the police reports from the scene of the incident. Obviously, those reports are not going to look good for anyone who has been accused of Domestic Violence. Unfortunately, the District Attorney will not talk to you or your wife. This is why it’s important to contact my office immediately.

 

As an officer of the court and, as an experienced criminal defense attorney, I have access to the District Attorney’s Office and am able to provide additional information, evidence and background that can have a bearing on the charges that are actually filed in your case. My first goal is to get charges reduced or dismissed altogether. Once the DA decides what charges (if any) are going to be filed, my next step is to prepare an aggressive defense and do everything possible to reduce not only the charges on your record, but the consequences associated with your case as well such as fines, fees, costs, programs, lawsuits, classes, anger management classes, or jail time. There is a lot I can do to help you. Call for a free consultation at (951) 686-4818.

I Was Wrongfully Convicted

In December 29th, 2014, the Indiana Court of Appeals threw out 3 felony convictions of Charlie White, who is a former Secretary of State. White was acting as a member of the Fishers Town Council. According to prosecutors, White was accepting payment and serving as a council member for a district where he did not reside. Of the six felony charges for which White was convicted, the court threw out “convictions on two voter fraud charges and one perjury charge.

What is Post-conviction Relief?

Post-conviction relief is a generalized expression, which relates to appeals of criminal convictions. This can comprise release, new trial, adjustment of sentence, and any relief that is seen as proper and just. Also, the court might make accompanying commands to the relief given, which might involve re-arraignment, retrial, custody and release on security.

The Process of Post-conviction Relief

After a conviction, there is a period of time wherein anyone convicted of a crime can appeal a decision and basically ask for a different decision. Persons who appeal for post-conviction relief may claim that:

  • The sentence or conviction violates the U.S. Constitution
  • The court didn’t have jurisdiction to enact said sentence
  • The sentence surpasses the most severe punishment allowable for the crime involved
  • There is new evidence, which makes the conviction invalid
  • The sentence has expired
  • There was any other kind of error made in the original conviction or sentencing

California Post-conviction Relief Attorney

If you feel you have been wrongfully convicted of a crime or your sentence is inappropriate, you may be entitled to post-conviction relief. Kia Law is prepared to help you and defend your rights. Call 855.662.2723 or contact us online today.

The Functions of a Trial Judge in Punishment

The Functions of A Trial Judge in Punishment

A judge performs functions to ensure that a criminal defendant receives a fair trial. However, in the event that the jury returns a verdict against the Defendant, these are the issues that the Judge will deal with:

First, a Judge has the discretion to make sentencing choices. This means that under the Determinate Sentencing Law, the judge has the power to select a high, middle or low term of imprisonment. The Judge can impose sentence, suspend the sentence, or even sentence in alternative formats like community service or county jail.

Second, a Judge has the power to impose a sentence for a misdemeanor and determine the punishment in the county jail for a particular amount of time, impose a fine in a fixed amount or both by fine and confinement.

Third, where the crime can be punished as a felony or misdemeanor, the judge has the power to reduce the charge pursuant to Penal Code 17(b)(4) to a misdemeanor.

Fourth, when a Defendant is charged with more than one offense, the judge determines whether the sentence shall run concurrently or consecutively.

Fifth, a Judge can grant probation and dismiss the charges after completion of the conditions of probation.

Finally, if permitted by law, a judge may change the minimum penalties and eligibility of the Defendant for parole by dismissing a charge of a prior conviction.

Client facing life in prison. Life charges dismissed.

Our client was facing life in prison for some very serious offenses involving lewd acts on a minor. Through our investigation, we determined that the client was being truthful about how he was innocent and had not committed the offenses.

Infor Charges
Count Charge Severity Description Violation Date Plea Status
PC 289(A)(1)  SEX PENTR FORN OBJ W/FORC BODILY INJ AGAINST WILL  01/30/2009  NOT GUILTY  DISMISSED 
PC 269(A)(1)  Aggravated Sexual Assault of Child  01/30/2009  NOT GUILTY  DISMISSED 
PC 288.7(A)  Sexual Intercourse or Sodomy with Child under 10  01/30/2009  NOT GUILTY  DISMISSED 
PC 288.7(A)  Sexual Intercourse or Sodomy with Child under 10  01/30/2009  NOT GUILTY  DISMISSED 
PC 288.7(A)  Sexual Intercourse or Sodomy with Child under 10  01/30/2009  NOT GUILTY  DISMISSED 
PC 288.5  ENGAGE 3/MORE ACTS W/CHILD UN  01/30/2009  NOT GUILTY  DISMISSED

One of his charges was an allegation for a violation of Penal Code 288.7, a life count.

CLICK HERE TO SEE THE SENTENCING RANGE FOR THIS CHARGE – 25 years to life

He was also charged with an allegation for a violation of Penal Code 269(a)(5), another life count.

CLICK HERE TO SEE THE 15 TO LIFE SENTENCING RANGE OF THIS CHARGE

After 14 court appearance, we were ready for trial. While the case was trailing, the District Attorney agreed to offer our client 6 years in custody in exchange for a dismissal of the most serious charges.

From a legal perspective, anyone facing life in prison must decide whether it is worth it to “roll the dice”. In this particular case, accepting a 6 year deal in light of the possibility of facing life in prison for a young adult is not a difficult decision.

Our client pled guilty because “it was in his best interest to do so”. The life charges were dismissed against him.

CLICK HERE TO SEE THE CASE SUMMARY ON THIS CASE INCLUDING THE DISMISSALS OF THE LIFE ALLEGATIONS

When Does A Police Officer Have To Read You Your Miranda Rights?

Once a week, I receive calls or meet clients who indicate to me that they spoke to an officer investigating a crime involving them, or their family, but that they felt that because the officer didnt’ read them their rights, that they can’t use the stuff they said against them in Court.

WRONG!!

WRONG!!

Most people are quite ignorant of the Miranda requirement. If there is one area of law that is the most important in our daily lives, it is the concept of Miranda.

A police officer does not have to read you your rights until you are in custodial interrogation. Both of these words are important. (1) Custody and (2) Interrogation.

Often, officers will not read rights because they will claim that the suspect was not in custody. Is this legitimate? Absolutely, the US Supreme Court allows officers to engage suspects in conversations and essentially interrogate them without being in custody as long as they are being detained for investigative purposes.

Don’t let this happen to you. If you have been accused of violating a criminal offense, speak to an attorney immediately. Or, better yet, invoke your right to remain silent and ask to speak to an attorney.

At KIA LAW FIRM, we are all about preventative legal help. The more you know, the more knowledge you have.

I will offer a free consultation with anyone who has legal questions. Knowledge is key. Knowledge is power.

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