serratelli for judge

posted by on Feb 28

No one ever said that being a bail agent was an easy business. If you are thinking about changing careers, then there are a few things you need to know about the business.

Being a bail bond agent is not for everyone. It is dealing with the public and dealing with law enforcement personnel. If you know the pitfalls and dangers, along with pertinent information, then you may discover that this job is the ideal profession you have been searching for your entire life.

The process of using a bail agent is pretty simple. You get arrested and a judge posts how much money it will take for you to leave the jail. You call a bail bond agency and the agent is notified to come to the jail to get you out. A ten percent fee of the total bond is paid and you are free to go until your court date. You will want to check in with the agent on a regular basis though.

Bail Bond agents are usually trained on the job though there are classes a person can take to become an agent. These classes are usually held locally and focus on the local laws, as well as the proper paperwork procedure for each bond written. Further classes can teach the bail bond agent to also be a bail enforcement agent, also known as a bounty hunter, in case the defendant skips out on the bond.

Skipping out on one is when the defendant does not show up to his or her court appearance. It is then forfeited until the time that the bounty hunter or bondsman can track down the individual and deliver them to the jail.

This is obviously the riskier side of the job but there are other things to consider as well, such as hours that vary. Many agents are awakened in the middle of the night and must not be far from their phone. This can make life a bit difficult when trying to plan around work hours.

There is something to keep in mind when wondering about the pay of a bail agent. It is important to keep in mind that there are no guarantees of making money in this line of work.

There are many factors such as population, reputation and advertising that play huge factors in how much business you will receive. Stan Wilson of Bail Bonds Now says, “One month it may be great money and the next there may be only a few bonds written.”

Visit Mike Selvon portal to learn more about the bail agent. Your feedback is much appreciated at our bail bond services blog where a free gift awaits you.

posted by on Feb 27

Bail bonds may not be something you ever need but should you find yourself in a jam, you are going to have to know something about how they work and how they benefit you. It could mean the difference between sitting in jail waiting on a court date and being able to be with your family or friends.

You probably do not set out with the intention of being arrested and needing the services of a bail bond agent but in this article we will cover the basics of the bail bonds world and hopefully educate you on the basics that you will need to know in case you ever find yourself in a stick situation.

What are bail bonds?

Bail bonds are the fee it takes to get out of jail. The bail bond can be paid by the defendant in full or it can be paid by a special agency that works to get people back on their feet after being arrested. The modern bail bond agency was first started back in the 1800’s by Tom and Peter P. McDonough.

They believed that a person was innocent until proven guilty and should not have to sit in jail waiting to prove their innocence. They should be free to live their lives until the court date.

What is a cash only bond?

A cash bond occurs when the judge will not allow you to be bailed out by a bond agency. This usually occurs if the judge considers you a flight risk but will still allow you out of jail.

There are some smaller bonds that must be paid such as insufficient funds on a checking account. Speeding tickets may be considered a cash bond if you have failed to pay the ticket and have had a warrant issued.

What is a bounty hunter?

A bounty hunter is someone that hunts down people that have skipped out on their bonds. Skipping out on a bond means that the person did not show up for their court date and have gone on the run to avoid being caught and returned to jail. A bounty hunter is usually required to be licensed in the state, or states, he or she practices in and they must know the laws under which they are required to operate.

Is bounty hunting really like those reality television shows?

Any real bounty hunter will tell you that their job is not nearly as exciting as the reality television shows pain it out to be. Many times they go to find the defendant and he or she is sitting at their house with some excuse as to why they did not show up at court.

There are times of excitement when the person goes on the run but those are few and far between. There is usually no “jet setting” lifestyle where they fly to some exotic place to retrieve the defendant.

If I have to post a bond myself, will I get the money back?

Once you have shown up for court on the date specified you will get your bond money back. Do not count on it being there immediately for you to pick up.

The court system has to discharge the bond money. You may not get this until your case is settled because there is still the possibility that you could skip out on your bond.

Visit Mike Selvon portal to learn more about bail bonds. Your feedback is much appreciated at our bail bond services blog where a free gift awaits you.

posted by on Feb 26

Byron Richards from medicationresources.com has written a very interesting post entitled, “Vioxx Shocker-Merck Wrote Many Of the Published Studies.” Needless to say, he had me at hello on this one. After a few weeks of researching the cover-ups and shoddy scientific testing of dangerous drugs such as Heparin and Trasylol, this post solidified in my mind why it is so important for victims of these drugs to come forward and file suit.

Richards reports:

The lawsuits over Vioxx have forced very uncomfortable documents into public view, exposing that Big Pharma has massively corrupted the scientific database with what amounts to promo pieces written by its own employees who then pay for prestigious doctors to attach their names to the studies as if they are legitimate – hiding the fact the drug companies wrote their own studies and conclusions in the first place.

The interesting thing about this post is that Richards is not a lawyer. He is an unbiased author writing on medical wellness. Yet he clearly sees the link between Vioxx lawsuits and the exposure of documents that clearly show the corruption behind the marketing of dangerous drug products. Sadly, without the constant probing from lawyers and the courts, who knows what other incriminating studies actually exist regarding popular prescription drugs.

And while its already too late for the thousands of people that have died from dangerous drugs such as Vioxx, Trasylol and now Heparin, it”s not too late to demand better scientific research and honest marketing procedures by holding these companies accountable via the court system. Admittedly, litigation is not fun. It”s often a long and emotional process for families and attorneys alike. But it”s the only solution. As I noted in my previous post on the Trasylol recalls, Congress will not get involved unless it is in their best interest to do so. Right now it”s in their best interest to let shady testing and marketing procedures continue because the “donations” from drug companies keep them in office. So if we can”t count on Washington, we have to go right to the source and demand more from these pharmaceutical giants by filing suit and making it financially impractical to continue doing business this way.

Unfortunately, what these companies do not realize is that when safety is put first, the profits will come. Look at Volvo. Their cars are ugly, they are expensive but they are known to be safe. And because of their clear desire to protect people, they are tremendously successful. Pharmaceutical companies may have to spend a bit more at the onset of a drug launch for better testing, etc., but the profits will be huge because Americans will put their trust behind the product. So if there are any Big Pharma executives reading this post, consider a consumer friendly way of doing business before the public forces you out of the market via lawsuits and bad press.

John R.Mininno is a Trasylol lawyer in NJ and a medical malpractice lawyer in NJ and PA. For further information or a free case evaluation, click here to contact an NJ Medical Malpractice Attorney or PA Medical Malpractice Attorney

posted by on Feb 25

Artists are like everyone else in the sense that some are very successful, most are not, and a few are the stereotypical starving artist. The majority of art works go unnoticed and of little monetary value, but a few are in high demand and increase in value over time. The value of the work may not always be in good taste or appealing to everyone, but for some reason or other it is in demand and therefore valuable.

Fine art is often purchased, not only because the buyer likes it, but also because it has the potential to increase in value. Most, if not, all of us have heard of art works selling in the tens of thousands, hundreds of thousands, and even millions. That is really great for the investor, but what about the artist ?

Not every state treats its artists the same, but in California the artist has a right to royalties from the art works. There is a California statute called the California Resale Royalty Act. The statute is codified as California Civil Code section 986. The California Resale Royalty Act has been around for about 30 years and it requires that an artist be sent a royalty payment when his or her work is resold. The royalty payment is certainly not a great percentage of the sale, but does provide some degree of compensation to the artist.

More often than not the artist, the seller, and the buyer on resale of fine art work are unaware of this law, but nonetheless it is the law.

Whenever a sale is made through an auction house, gallery, dealer, broker, or similar agent, the agent is required to withhold proceeds and forward them to the artist. The agent is required to withhold five percent of the sale and forward it to the artist. If the agent cannot find the artist then the agent is required to forward the five percent to the California Arts Council. The California Arts Council will then attempt to find the artist and forward his proceeds. If after seven years the California Arts Council is unsuccessful, it will then deposit the money in the California Art in Public Building Fund.

Not all art is covered under the California Resale Royalty Act. Only fine art qualifies under the statute and fine art for purposes of the Royalty Act includes original painting, original sculpture, original drawings, and original works of art in glass. Nothing else is specified, and probably not covered.

The California Resale Royalty Act has additional requirements, the artist has to live in California or the sale has to take place in California. The art piece also has to go up in value. If the art work doe not go up in value the artist does not share in any resale of the work. The statute only covers art works that sell for at least $1,000. The Royalty Act also requires the artist live in California for at least two years or be a United States Citizen.

What happens if the artist passed away ? What if there was a sale and the artist did not get his royalty ?

For a North San Diego County lawyer visit the author’s website.
Arnold Hernandez, lawyer,overtime, personal injury, truck accident, car accident, dog bite, and wrongful death, Escondido, San Marcos, Vista, Oceanside, Carlsbad, Encinitas

posted by on Feb 24

Many things in life need to be decided in advance, but none more so than durable power of attorney. Why is this legal document so important? Because in it you indicate who will handle your finances and make decisions for you while you are of sound mind and body, or should you become mentally or physically incapacitated. This trusted individual is known as your agent.

Once you have decided to arrange for a durable power of attorney, how do you choose your agent? Since this individual will be stepping into your shoes to undertake as many or as few of your financial and property matters as you decide, you must choose someone whom you trust absolutely, who has the ability to manage money, and is at least 18 years of age.

Moreover, you must set up a durable power of attorney while you still have the mental capacity to sign a legal document and to make decisions for yourself. Once you can no longer do this, it is too late to give anyone else the authority to do so. Your wishes regarding bank accounts, financial transactions or real estate dealings could be largely ignored or unknown.

Normally people choose a trusted family member, spouse, friend or legal advisor for their agent. What is crucial to note here is that if you would like your spouse to manage your affairs in circumstances foreseen and unforeseen, you must arrange in advance for him or her to have a durable power of attorney. Lingering in the mind of the public is the misperception that your spouse can automatically sign documents for you if you are mentally or physically incapacitated, but this is not the case.

One of the great benefits of the durable power of attorney instrument is its flexibility and convenience. When your durable power of attorney takes effect and the powers that you grant your agent can be as broad or as narrow as you choose.

For example, you can be completely competent to manage all your affairs, but choose to give your agent power immediately because you would like him or her to act on your behalf if you are on vacation, out of the country, or sick. For a couple who moves to Florida to retire, it is much more convenient to have their New Jersey-based son, who is their agent, sell their New Jersey home.

By the same token, you can grant your agent power that becomes effective only in the future, whether you remain competent to handle your own affairs, or not. In either case, the powers that you grant your agent are completely up to you and can encompass as many or as few tasks as you designate.

Some of the powers that you can give your agent include the authority to sign checks, make deposits, pay bills, file tax returns, make health decisions (the subject of another article), sell property, or invest money.

You can also empower your agent to hire individuals to manage your business and personal matters, whether it is as simple as lawn mowing or as complex as investment advising. The only restriction is that your agent cannot write and sign a will for you, and his or her powers become void upon your death. Whatever powers you designate, you can also revoke at any time.

How is a durable power of attorney different from a power of attorney that is not durable, and why is appointing a durable power of attorney so much more important to your future? If you were to grant a non-durable power of attorney to your agent, it would only become effective only upon your showing signs of mental incapacitation.This means that if you are physically incapacitated, your agent does not have the authority to act upon your behalf.

As the following example shows, a non-durable power of attorney is not at all flexible.
When an elderly widower was hospitalized and physically incapacitated for several weeks, he was unable to rollover a CD and pay the premium on his life insurance policy in time.

Because he had previously arranged for his daughter to have a non-durable power of attorney only, she could not carry out either of these tasks for him. She was neither able to take advantage of a new CD offer with a better rate, nor was she able to prevent the life insurance policy from lapsing. Had the father arranged for his daughter to have a durable power of attorney, she would have been able to act on his behalf in both of these matters.

Finally, a durable power of attorney is much more affordable than the alternative: setting up a guardianship. If you have already planned for a comprehensive, durable power of attorney, and you become mentally incapacitated, the need for a guardianship is obviated. Establishing up a guardianship can take months of court time and medical testimony, as well as costing thousands of dollars.

Ultimately, it is up to you and your lawyer to decide how to best ensure that your affairs, whether in the present or the future, are managed according to your wishes. A well planned durable power of attorney can do just that.

Nicholas Giuditta is a trust and estates lawyer in Cranford, NJ. He prepares estate plans for high net worth individuals that protect their loved ones and preserve their assets. Find out how your family can benefit by visiting http://www.giudittalaw.com.

posted by on Feb 23

In California all dog owners are liable for their dogs actions that cause injury. The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place, or in a private place. The victim has to have a right to be in the private place. It could be by implied invitation or expressed invitation. The owner of the dog is liable even if the dog bites on the owner’s property. It does not matter if the owner new or should have known the dog was vicious or not. A person is considered to be lawfully upon the private property when he is on the property in the performance of any duty imposed upon him by the laws of the State of California or by the laws or postal regulations of the United States, and also when the person on the private property on invitation from the property owner, the invitation could be expressed or implied.

Someone breaking into a private home and bitten by a dog would not have a cause of action under strict liability. If your dog rushes out and bites someone knocking on your door or if your dog bites someone that is there for the purpose of converting you to their religion or perhaps someone that is trying to sell you a subscription to a nonexistent magazine, then they would have a cause of action, because of implied invitation. If you happen to have a fence that is locked or just closed and with a sign advising that no one is invited implied or expressly then you are unlikely to be liable, but exceptions to this rule also apply, such as when you put a playground that children can see and is very inviting to children.

Under the California law if you are bitten in a place where you have a right to be, you automatically win on liability, and it is only a matter of proving damages. If you are bitten after ignoring a sign that says no invitation is made to enter my property expressly or impliedly then a different standard applies. The standard is one of negligence, was the owner’s conduct reasonable. Training an attack dog to attack any human being upon entering the property is probably not reasonable, even if the dog is supposed to be a guard dog. There is also the mail man exception, the mail man has to drop off the owner’s mail and if bitten would have a lawsuit against the dog owner, regardless of whether there is a sign or not, these exceptions are probably the same throughout the country.

The best way to avoid liability if you own a dog might be to put up a sign that says, one that says there is no implied invitation to this property, keep out, all others in consideration for entering this property you assume the risk of getting bitten by a dog or something similar. It would not eliminate the risk of liability for a dog biting a human being, especially if it is at night and there is no light on the sign, but otherwise if the sign can be read, it would help minimize or eliminate the risk of liability. The more reasonable the owners conduct the smaller the risk. If you order a dog to attack and the dog happens to be particularly aggressive and it kills. The dog may be considered a weapon, not much different than shooting a gun. It all comes to reasonableness on the part of the owner.

Unlike most car accidents a dog bite or dog attack is a special kind of personal injury claim for insurance companies. It is a type of claim that is not evaluated by a computer. The types of damages that are pursued are often for pain, suffering, emotional distress, disfigurement, loss or earnings, reasonable and necessary medical expenses, and future medical treatment. If the dog attack while the victim was doing something illegal, it is unlikely that a lawsuit can be maintained, but if not then these damages can be pursued.

California law states that a person cannot bring a lawsuit when a bite occurs if the dog is a military dog or police dog and the person bitten was annoying, harassing, or provoking the dog and the dog was defending itself. Also, a person cannot bring a lawsuit against a dogs used by the police or military, if the military dog or police dog was assisting an employee of the agency in apprehension or holding of a suspect where the employee has reasonable suspicion of the suspect’s involvement in criminal activity. There is no real clear line as to what reasonable suspicion means. No lawsuits are permitted when the military or dog is assisting an employee of the agency in investigation of a crime or possible crime, in the execution of a warrant, and in the defense of a peace officer or another person.

Exceptions apply to military and police dogs as well. If the person bitten by a military or police dog is not a party to, nor a participant in, nor suspected to be a party to or a participant in, the act or acts that prompted the use of the dog in the military or police work, then the person is allowed to bring a lawsuit. When passing by a police dog caution is advised, because it is not unusual for passer-bys or bystanders to get bitten by a poorly trained dogs.

The police and military exception also has special requirements, for the police and military dog exception to apply the agency must also have adopted a written policy on the necessary and appropriate use of a dog for the type of work the dog is to do.

Once the dog bites, the law imposes additional duties, if a dog bites a human being, the owner of the dog is required to take steps to remove the danger of a bite from the same dog on another person.

Once the dog bites twice, any person, the DA, or city attorney can bring an action in court to determine if the confinement and treatment of the dog is sufficient to keep it out of danger to other persons. The court has the power, after hearing, to order that remove the dog from where it is confined, or even to destroy it if necessary.

A different standard applies when the dog has been trained to fight. If the dog has been trained to fight then only one bite is required for any person, the district attorney, or city attorney to bring an action in court to determine if the dog’s confinement is sufficient to keep the dog from biting another human being. Once again after hearing the court has the power to prevent the reoccurence of a bite, by removal of the dog from the area or destruction if necessary.

Unlike some states, in California there are no free bites. If the dog bites a human being, there is liability for personal injury, unless there some sort of exception such as a police dog or military dog exception.

For a North San Diego County Attorney visit the authors website.
Attorney Arnold Hernandez. Lawyer, overtime,personal injury, car accident, dog bite, and wrongful death, Escondido, San Marcos, Vista, Oceanside, Carlsbad, Encinitas

posted by on Feb 22

Fingerprinting isn’t just for criminal identification anymore. Depending on where you live, state laws may require you to submit fingerprints for a background check before you can even volunteer in the community. Since fingerprinting can be a tricky and highly sensitive process, it is important to get your prints recorded with the help of a professional. After all, you wouldn’t want to smudge your own prints and increase the risk of being mistaken for someone else.

Another reason to get professionals to make your prints is that the procedure can be expensive. The price can vary anywhere from twelve dollars to almost sixty dollars. And, if you have to get more than one fingerprinting done every year, the expenses can really add up.

There are several places to go for professional San Diego fingerprinting, but the quality prints that you are paying for should be consistent in several ways. For example, fingerprints are usually recorded with black ink on a white card that has been divided into three rows. The first two rows are both filled with rolled prints from each of your ten fingers. Rolled prints are created one finger at a time by rolling each ink-covered digit gently from left to right in the allotted space on the card.

On the bottom row, several of your fingers are placed on the card simultaneously (titled inward at a forty-five degree angle) to create “flat” or “slapped prints.” Because these prints are made without rolling your fingers, less of the surface area is recorded which means that these prints will look smaller than the rolled images above them. The thumbs will have to be recorded separately from the other fingers simply because of the way that your hand is shaped but they will not be rolled either.

One of the most important things to keep in mind while fingerprinting takes place is the amount of ink on your hands because too much or too little ink will make details hard to distinguish. The ink must also be applied evenly to avoid dark or light spots.

One fun thing to look for, after your fingerprints have been made, is the type of pattern on your skin. There are three main classifications: arches, loops and whorls. Arches look like hills, loops usually consist of lines that enter and exit from the same side of the print and whorls are usually circular patterns.

If you are looking for professional San Diego fingerprinting services, go to A Official Passport Photo (http://www.aofficialpassport.com/san-diego-location.html). Passports may be their specialty, but this company can also meet your fingerprinting needs. The author, Art Gib, is a freelance writer.

posted by on Feb 21

The term ‘paralegal’ began to emerge around the late sixties. At that time, the public demand for legal solutions was growing rapidly. As such, law firms were experiencing a tremendous increase in their workloads, and they were seeking the aid of people who could do administrative tasks for them. Such people were given the designation of paralegals.

What is a Paralegal?

A paralegal is a person who does administrative work for a lawyer, and he is under the direct supervision of the lawyer. This person must be academically qualified, and he must have the necessary training and work experience to assist a lawyer in the provision of legal services. It is also required that a paralegal has an extensive knowledge of the legal system.

Duties and Responsibilities of a Paralegal

The duties and responsibilities of a paralegal are somewhat similar to the tasks of a lawyer. However, a paralegal does not practice law, and he is strictly prohibited to do so. Ordinarily, a paralegal works together with a lawyer to make preparations for court cases. While making preparations, a paralegal may reveal all the facts that are gathered to support the case, and perform research to draw attention to certain laws and court decisions that pertain to the nature of the case. A paralegal may be working for a lawyer, in a government agency, in a law office or in any other organization that has the authority to carry out legal work.

Differences Between a Paralegal and a Lawyer

Unlike a lawyer, a paralegal is not allowed to give any legal advice nor can he represent a certain client in court. Also, he cannot appoint legal fees or accept a case. While a paralegal can author and sign a legal correspondence, it should be clearly stated that the correspondence does not include any independent legal judgment or advice. In contrast, a lawyer who is considered the legal representative of a client has the sole right to handle and represent a certain client in court. A lawyer takes charge of a paralegal, and he is accountable to the client for the excellence of the legal services and advice delivered.

What does a paralegal do to assist a lawyer?

A paralegal’s work is actually part of an attorney’s work. He helps in locating and conducting interviews with witnesses or clients. A paralegal is allowed to conduct interviews with clients and uphold contact with them for as long as they are informed of the paralegal’s functions and that the work is under the supervision of the attorney. He can also conduct investigations and research, as well as draft legal documents, write letters, and sum up affidavits and testimonies. Another responsibility of a paralegal is to prepare details or information for the supervising lawyer to facilitate decision making on how a certain case should be litigated. He can also be present at real estate closings, executions of wills, affidavits, court or administrative hearings and trials in the company of the attorney.

In summary, a paralegal is a person who assists and provides support for a lawyer in the delivery of legal services. A paralegal does not have the authority to grant any legal advice to clients who are in need of legal services. Legal advice and services are only acceptable if they are specified by a lawyer. All states in the United States of America require lawyers to have a license, and there are laws that will inflict penalties for the unauthorized and illegal practice of law. Therefore, a paralegal cannot handle cases like lawyers, simply because they are not authorized by the law to do so.

Toronto, Ontario law firm specializing in motor vehicle and slip & fall settlements, personal injury trials, and paraplegic and brain injuries. Our experienced team of personal injury lawyers is committed to winning you the maximum settlement or award for the injury you have suffered.

posted by on Feb 20

FedEx has been under the a few strains lately. Not only have they been pressured from unions and employment lawyers who question their tactics on how they separate the private business franchise model with the compensation they provide, but also several discrimination suits that are individual and class-action. Currently a major case launched by a Houston employment lawyer and their client, Derosher Price, has ended with a nearly 3 million dollar ruling for the plaintiff.

According to the testimony, price was passed over a promotion for his security job in 1999. Back then, Price attempted to sue FedEx on discrimination charges but the case was later dismissed and lost when he tried to appeal in 2002. Price sued them over race discrimination and believed that the promotion was passed over because his superiors harbored negative racial feelings against him.

However, despite the lawsuit, the company started reprimanding price for his work performance, according to him in his following court case — part of his disposition in the next suit. Some of what the reprimanding was the way he was gathering information about his performance asking his fellow work peers about their account of his job performance. He was trying to leverage a rebut in light of the initial reprimands he received.

Price, who had worked there at FedEx from 1984, got his third final warning in 2005 and was fired. FedEx says this was the third warning in 12 months. Price hired a Houston employment lawyer and took FedEx to court again (in Houston) and won by jury’s decision.

Others that Burden FedEx

The Price case was not an anomalous occasion; there were a string of complaints. In fact FedEx just settled on a case that possibly ranked in among the top 10 discrimination cases in the U.S. in regards to fees and settlements. FedEx’s Express unit was the target of a class action lawsuit which included multiple complaints of their human resources department allegedly fostering a hostile environment for people of color by allowing racial bias go unchecked.

Now after the settlement was handed down, they also were advised to change a part of their hiring and screening process. The “Basic Skills” test they provide for every employee as a prerequisite to be promoted to positions of higher power and responsibility was found to be ineffective. Yet the test was showing a skew in numbers — 86 percent of white employees passed while 47 percent black and 62 percent Latino showed passing scores.

FedEx said it would make its performance evaluation “less discretionary” in addition to scraping their screening test.

Rosenburg & Sprovach (http://www.rosenberglaw.com) is Gregg Rosenberg and Ellen Sprovach, each a prominent Houston employment lawyer. They’ve tackled a variety of employment claims, everything from race discrimination to workers comp. The author, Art Gib, is a freelance writer.

posted by on Feb 19

When it comes to court time, the prosecution (police or sheriff’s department) will often use evidence from their key witness in the crime lab. The expert that provides evidence of toxicology is the crime lab’s blood-alcohol expert. These key witnesses, often called forensic toxicologists, will often go to the stand and describe what amount of alcohol was found in the blood, what is done to find this level while describing the steps in laymen’s terms. They are probably the singe most important witness, because they back up the evidence of blood alcohol levels — something that a breathalyzer may not do 100 percent of the time.

The honesty of all those in the chain of evidence gathering at the police department is important to the case at hand, but recently a San Diego DUI lawyer found the toxicologist’s testimony odd since most of his account seem to come from a paper he was referring to during questioning.

Afterwards, San Diego attorney Cole Casey approached the toxicologist and asked him what he was reading during the testimony. To his surprise the witness showed him the paper he was referencing and found it to be a strict instruction list on how to answer. The instructions explained to the witness on what to say verbatim, not what their experience was or anything that they knew unique to the case.

If fact some of the questions where basically saying to play dumb and state that “it’s impossible to remember each blood draw.” This was the prosecutions method of putting away DUI cases without a matter of a doubt simply to make their toxicologist follow along a set of guidelines on what to do rather than what they know happened during testing — a true conflict and a pretty blatant case of dishonesty.

Another ‘Expert Witness’ Gone Wrong

Another toxicologist was found, not to have been giving testimony with scripted lines, but scripting a false resume instead. During an employee record audit at the San Diego Sheriff Department’s Crime lab, it was found that an often used key witness, Raymond Cole, had falsified his resume. It was found that Cole’s resume states that instead of graduating from Berkeley in pre-med, he had actually graduated with a bachelor’s in political science.

Unfortunately Cole had nearly 30 years working in the crime lab with many cases where he was used at the witness stand. Notices of the allegedly perjured testimony went out to the San Diego DUI lawyers that used him.

1.800.DUI.LAWS (http://www.1800duilaws.com/cities/San-Diego-California-dui-lawyers.html) can help you locate a San Diego DUI lawyer who can give you a free initial consultation. They also list many other DUI attorneys throughout California and the U.S. The author, Art Gib, is a freelance writer.