What is going on in the OC?

Opinions in blog posts are the sole opinions of the author and do not reflect the views or opinions of 1.800.NoCuffs and The Kavinoky Law Firm.

Orange County Seal

New Questions about Justice in the Orange County Courts May Impact You.

By Robin Sax

There is bad news for Orange County Defendants. If you had a case in Orange County, you’re at risk of errors, omissions, and/or fabrications on your record.

There is even worse news for Orange County Defendants, too. Your court records may be in jeopardy. It is possible your records received inaccurate documentation.

There is good news for Orange County Defendants. The top criminal defense lawyers in Los Angeles at The Kavinoky Law Firm have a plan. We are ready to help you correct history.

Orange County Court System

Orange County Courts-300x113The Orange County court system, as a whole, is currently under fire. For the last few weeks, newspapers and journalists alike are salivating at the opportunity to dig up even more dirt. The newest revelation reported by The Los Angeles Times is called; “Probe Underway Into Possible Tampering in Orange County Superior Court.” This report states Judge Thomas Borris ordered defendants and defense attorneys into court. His goal?

To get to the bottom of what appears to be blatant lies and factual errors in court records.

Grievous Errors on Court Records

Honestly, there is a wide variety of errors and/or blatant lies.

Some records show that the attorney of record listed in the court file is not really the attorney of record. Still others note that a jail sentence is complete when, in fact, there was no penalty jail time at all. Additionally, gross misstatements about what true occurrences in a criminal case.

What does this mean? It means that your past may be recorded incorrectly. Which in turn, could wreak havoc on your future.

This isn’t the first time that Orange County’s legal blemishes have made headlines. Just a couple of weeks ago, an Orange County Court saw a judge take a stand when ordering disqualification of the entire Orange County District Attorney’s Office in a high profile capital murder case (read: 250 prosecutors NOT allowed to prosecute their own case). In a breath of fresh air decision, the court found that there was the shady and unconstitutional practice by the Sheriff’s Department (through coordination with the DA’s office) using jailhouse informants to elicit confessions from other defendants.

Who is to Blame?

It is unclear who is responsible for these inaccurate (or false) entries. Even so, perhaps a more important query is the question of “why?”

While the Judge Borris is trying to gleam these answers, defense attorneys must ask “how does this affect our clients?” Of course, those that have court case histories wonder “How does this impact me?” The answer is huge. It could affect everything about your record going forward.

The Orange County court system relies on prior convictions. In addition, it relies on court records each and every day to paint a picture. Court records make rap sheets, provide critical records to the DMV, the Department of Corrections, and inform prosecutors of how to charge a new case. For example, in a Driving Under the Influence Case, whether someone has suffered a prior DUI will effect their driver’s license, jail sentence, and DA’s perspective of a case.

Priors effect not only the perception of a defendant in general but also provide for mandatory increases in other offenses. For example, petty theft, domestic violence, stalking, violations of restraining orders have specific requirements for subsequent effects. If someone’s record reflects completed jail time (when it isn’t), they could be looking at more time! Consequently, we typically see the DA wanting to increase the punishment to teach a lesson to the offender.

As a result, in order to address the issues of accuracy, The Kavinoky Law Firm created a system. This new system ensures our client’s records are accurate and corrects them if need be. If you would like the peace of mind to know that your case is correct and your record reflects what really occurred, call us. 1.800.NO.CUFFS.

 

Robin Sax
Robin Sax