The Mines Law Firm

How Newly Discovered Medical Evidence Can Impact Felony Murder Convictions in California

crime scene in California

In California, newly discovered medical evidence can play a pivotal role in challenging felony murder convictions, particularly when it undermines the prosecution’s theory of causation. Whether through ineffective assistance of counsel (IAC) claims or asserting actual innocence, such evidence can serve as a basis for post-conviction relief. Legislative developments like SB 467 and evolving case […]

How to Serve Someone Out of State in a California Family Law Case

family law case in California

When initiating a family law case in California, such as divorce, child custody, or support, serving the other party with a summons and petition is a crucial first step. If the other party lives outside California, the process requires extra steps to comply with both California law and the laws of the state where the […]

How to Prepare for a Personal Injury Deposition

Prepare for a Personal Injury Deposition

Preparing for a personal injury deposition is essential to ensure you present accurate, consistent, and credible testimony. This process can seem intimidating, but following these steps with guidance from your attorney will help you feel confident. 1. Understand the Purpose of the Deposition A deposition allows the opposing attorney to: Your goal is to provide […]

What to Say and What Not to Say in a Personal Injury Deposition

What to Say and What Not to Say in a Personal Injury Deposition

A deposition is a critical part of your personal injury case, and your testimony can greatly impact the outcome. Knowing what to say—and what to avoid—can help protect your claim. What to Say in a Deposition 1. Answer Truthfully: Always be honest. Depositions are taken under oath, and lying can damage your credibility and your […]

What Is a Personal Injury Deposition?

personal injury deposition

A personal injury deposition is a formal process where attorneys from both sides of a case gather sworn testimony from a party or witness before trial. It is part of the discovery process in civil lawsuits, including personal injury claims. The deposition is conducted outside of court, typically in an attorney’s office or conference room, with a court reporter […]

What to Do When You’ve Been Served with an Ex Parte Application in California

What to Do When You’ve Been Served with an Ex Parte Application in California

In California family law, being served with an ex parte application can feel overwhelming. These applications are typically filed when the other party is seeking urgent relief from the court, often without the usual timeframes for hearings. Here is a step-by-step guide to understanding your options and responding effectively. Step 1: Understand What an Ex […]

What to Do if You Feel Unsafe With Your Cellmate in California Prisons

Feel Unsafe With Your Cellmate in California Prisons

Feeling unsafe with your cellmate can be terrifying, especially if the prison refuses to allow you to change cellmates. If you’re in this situation but don’t want to go to the Sensitive Needs Yard (SNY), here are steps you can take to protect yourself and advocate for your safety. Understand the Situation California prisons often […]

Should You File a Police Report When Seeking a Domestic Violence Restraining Order?

File a Police Report for Domestic Violence Restraining Order

If you’re filing for a Domestic Violence Restraining Order (DVRO) in California, you might wonder if you should also file a police report about the same incident. This decision can have important consequences, especially if children are involved. Let’s break it down so you can make an informed choice. What Is a DVRO? A Domestic […]

Challenge Sentence Enhancements: People v. Gallardo Decision

Gallardo Decision

What Happened in People v. Gallardo? In People v. Gallardo, the court reviewed the case of a woman whose sentence was enhanced because a judge decided, on their own, that she used a weapon in a past case. She had a prior conviction for assault, but a jury never decided whether she used a weapon in that […]

Hiring a Paralegal Instead of an Attorney: Risks, Ethics, and What You Should Know

Hiring a Paralegal Instead of an Attorney

When faced with legal challenges, some individuals consider hiring a paralegal instead of an attorney due to financial constraints. While paralegals are knowledgeable and skilled in legal procedures, hiring one directly—especially from platforms like Craigslist or through informal referrals—can lead to significant ethical and legal risks. Understanding these risks and knowing how to proceed cautiously […]