What is an Appeal? A criminal appeal is basically a review of the trial to determine whether it was fair. Generally, the appeal court reviews the actions of the trial judge. That means they review any rulings made either before or during trial to determine they were correct. Except in rare cases, the court does not review the jury verdict to determine whether it thinks it is correct.

What is Habeas Corpus? Habeas corpus is a legal proceeding through which you can challenge a final conviction. Habeas corpus can also used in other situations, such as to challenge the amount of bond. Sometimes it is also used in contempt cases to challenge a contempt order. However, the most common use is to attack final convictions. Generally, habeas corpus is limited to complaints involving the violation of constitutional rights, or the jurisdiction of a court to hear a case.

Habeas corpus cannot take the place of an appeal, and therefore most issues must be raised on direct appeal. There are also several reasons for doing so. The most important one is that the standard of review is more lenient on direct appeal, than on habeas corpus. Relief can be obtained on a direct appeal where there is an error that contributes to a conviction or sentence. In many cases, the burden is on the state to prove the error was harmless. In habeas corpus, the burden shifts to the defendant to establish harm. The standard is different, in that a defendant must show a substantial injury which requires more than establishing the error was harmless. Another reason is that more issues can be raised on direct appeal than on habeas. Claims involving statutory violations, evidentiary rulings and procedural rulings generally can be raised only on direct appeal.

If you have been arrested for suspicion of driving under the influence of alcohol or drugs TIME IS OF THE ESSENCE.

• Did you know that the DMV will automatically suspend your license for 120 days?
• Did you know that you CANNOT get a restricted license to drive to and from work or school for the entire 120 days? Did you know you will NOT be able to drive for a minimum of 30 days? Did you know there are NO exceptions?
• Did you know you only have 10 days from your arrest to contact DMV to either temporarily extend your driving privilege, request a hearing, or forever give up your right to fight your licence suspension?
• Did you know that if you are caught driving on a suspended license because of a DUI you will AUOTMATICALLY serve 10 days in jail for the first offense and 30 days for a second time.....NO EXCEPTIONS?

You need to immediately call Todd Melnik to protect your rights.

A criminal case will be filed against you in addition to what the DMV does to your license.

Important things to know about DUI cases if convicted:

Your insurance rates will skyrocket or your insurance may drop you.

The DMV and Court will make you attend an alcohol education program.

Your court fines will run a minimum of $1500 - $2500 depending on the county

The higher your blood alcohol level the higher the penalties - lawyers can help!

You may have to go to the morgue as a condition of probation!

You will be placed on probation from a minimum of 3 years to a maximum of 5 years.

If you violate your probation, you could go to jail, especially if you are driving on a suspended license.

A DUI stays on your record for 10 years.

A second DUI will cause you to lose your license for 18 months.

ISSUES in DUI cases:

Did the Officer have true probable cause to pull you over and initiate a traffic stop?

Were the alcohol devices working properly?

Were the alcohol devices calibrated properly?

Did you pass the field sobriety tests but "fail" the breathilyzer?

Did the officer wait the required amount of time between arrest and blowing into the Breathalyzer?

Was the blood sample taken with an alcohol swab or non-alcohol swab to clean the injection site?

Was the chain of custody preserved with the blood sample?

Why will I be charged with 2 charges?

Can I get a "wet reckless"?

Drug charges can have severe consequences, including forfeiture of property and long prison sentences. Consulting with an experienced attorney for advice on how to proceed is essential. If you are facing drug charges, a knowledgeable attorney like Todd Melnik can help you navigate through the issues involved in this complex area of law. Mr. Melnik handles all types of drug cases, including:

• Possession of all illegal and prescription drugs
• Possession for sale of illegal and prescription drugs
• Transportation of illegal drugs
• Unlawful possession of manufacturing chemicals and equipment
• Marijuana grow farms
• Medical marijuana cases and certificates
• Possession for sale, transportation and possession of Marijuana

Resolution of some cases may result in educational classes and the dismissal of all charges, including felonies.

Domestic violence is physical abuse that occurs within a family, someone you live with, or someone who you had an intimate relationship with, even if you no longer are together. A physical injury, however slight, is needed for the police to arrest you. Chances are you were arrested for a felony and your bail was set at $50,000 if you were arrested in Los Angeles County. The reason you were arrested for a felony is that the police do not want you being released immediately and then going back to the confront the accuser. Often, a temporary restraining order is served against you forbidding you to contact the accuser or to even go back to your own home where you car and clothes are. Todd Melnik can help get these restrictions lifted.

Domestic violence arrests can occur when there is even a SLIGHT injury such as a single scratch on the body of your accuser. It is too easy to get someone arrested for domestic violence and there are DRASTIC consequences to a person if they are convicted of ANYTHING related to the domestic violence.

Often times, domestic violence accusations are made because of pending divorce, child support or child visitation litigation. One spouse may try to use a false accusation to gain an advantage in one of these proceedings. If this is the case, you must aggressively fight these charges with a lawyer. A conviction could jeopardize your divorce, child custody proceeding or visitation rights. Attorney Mr. Melnik will help you uncover false accusations or help you deal with real accusations to minimize the consequences of an arrest. With so much on the line, you need to call an experienced attorney in criminal defense. Mr. Melnik can help.

A theft crime is the taking of property without consent. Depending on the amount of the theft, you can be charged with misdemeanor petty theft if the value is below $400, or a felony if the value is above $400. Sometimes, if you hire an attorney quickly after your arrest or citation for petty theft from a retail store, you can have the charge reduced to an infraction. An attorney can also help you negotiate any civil penalties you must pay a retail store in addition to assisting you with the criminal case in court.

Most thefts over $400 in value are going to filed as a felony. The higher the value of the theft, the more potential punishment you could receive. Thefts over $65,000, $200,000 or $1.3 million dollars can increase any prison term by a year at each threshold. However, Todd Melnik has successfully defended many persons who either never went to prison, or who received probationary sentences, even for large thefts.

Be awarethat if you have a prior theft conviction and you are charged again with another theft, you can face felony charges no matter how small the value of the item taken without consent. This is called a petty theft with a prior charge and will be filed as a felony.

Violent crimes are almost always charged as a felony. If a person uses a weapon while committing a violent crime, the penalties increase. As an example, the 10-20-Life law will be used to enhance a sentence that may normally only carry a 2 year charge. The mere possession or display of a gun while in the commission of a crime can add 10 years to a sentence. If the gun is actually used, whether fired or used to hit someone, the penalty for the crime can be increased by 20 years. If you discharge a firearm and injure someone, however slightly, the penalty may be increased to life in prison.

Causing great bodily injury to someone in the commission of a crime potentially adds three years to the sentence. Using a knife in the commission of a crime adds one year to any sentence.

It is very important when someone is arrested for a violent crime, or any crime for that matter, that an attorney is hired immediately, so that any witnesses to the event can be located and any evidence preserved. Self defense is a usually an absolute defense to assault, or even murder. Time is of the essence where witnesses may have seen a crime. An good attorney will get started immediately on any investigation and start the process, usually by the next day.

Most violent crimes are strikes for purposes of the 3 Strikes law and will increase your time in custody and for any future criminal charge. It is essential that a person be represented by a hard fighting and knowledgeable attorney.

If you are accused of a sex crime, you need the best lawyer you can get. Getting convicted of a sex crime will have a huge impact on your life. For almost any sex crime that is not a misdemeanor, you will have to register as a sex offender in California, or if you move, in any other State. That information will be made public, and you will be seen on the Megan's Law web site. This could affect your ability to keep a job, land a job, affect where you can live and affect your relationship status now, or in the future. The penalties for being a sex offender are now severe and onerous.

Child molestation, forcible rape, forced oral copulation, sodomy, date rape, statutory rape, lewd and lascivious behavior, indecent exposure, prostitution and possession of child pornography are the most common charges. The odds are stacked against a person who is accused of a sex crime. Police and prosecutors almost always believe the complaining witness and a person will be left to defend themselves.

Bail will almost always be set very high in these cases making it very difficult to get out of jail. A good lawyer can help in a time of need. Mr. Melnik has handled all of these types of cases in his 21 year career.

The penalties for a sex offense conviction can be serious and life-changing, but many defenses are available. Contacting an attorney as soon as possible allows the evidence to be evaluated and witnesses to be questioned soon after the event, providing the best opportunity for a successful defense. Todd Melnik has the experience and skill to begin preparing your defense as soon as you retain him.

Twenty U.S. States have a special status for sex offenders screened as sexually violent predators, which allows these offenders to be held in prison after their sentences are completed if they are considered to be a risk to the public. California rigorously screens every person 6 months shy of their release from prison regardless of whether they were sent to prison for a sex offense. If a potential parolee has at least one sex offense in their prior history, they are screened for the SVP program which could cause the person to be committed to spend the rest of their life in a mental hospital.

Between two and four psychologists are sent to the prison to interview each potential parolee. Their job is to determine if the potential parolee has a special sexual disorder, that has a very vague definition. Basically, if a person has more than two sexual victims over a six month period, or if they have one child victim that was abused over a six month period, they will qualify for the mental disorder portion of the SVP statute. The psychologists then determine if the person is at risk to do it again during the person's lifetime. If the psychologists employed by the State agree that a parolee meets the statute's criteria, SVP proceedings are instituted, usually in the California county of the persons last prison conviction.

If you are a sex offender in prison, do not think you can manipulate or impress the state psychologists to talk your way out of the program. These people are highly trained and will be able to get concessions from you that will qualify you for commitment much easier than if you refuse to meet with them. Refusing to meet with the state evaluators will not make it more likely that you would receive a referral for commitment.

Mr. Melnik has ben representing SVP's and potential SVP's since the program was enforced in 1999. Mr. Melnik has obtained the release of more potential SVP's than any other lawyer in California in trial. At one point, Mr. Melnik obtained the release of 9 consecutive clients. Many lawyers around the country NEVER even win one case.

These are extraordinarily complex cases. Mr. Melnik represents detained parolees and those already committed SVP's all over the California, from San Diego to Yuba. Most of these cases are long cases, taking 4-7 weeks in trial before a jury can render a verdict. Many experts are called to testify and a person's entire life history is exposed and put on trial.

A SVP case originates in the county of a person's last conviction and a prosecutor from the District Attorney's office will file the Petition wherein a jury will decide if a person should stay in a mental hospital for the rest of their life.

If you are committed as an SVP, it is basically a point of no return, and the likelihood of release by going through the State sponsored treatment program that will take a minimum of 10 years, is very slim. Even if you are released after 10 years of treatment, you are still only conditionally released and the community to which you are released will chase you out of each residence and picket and protest your presence as a sexually violent predator until you are basically locked up again.

The best chance of beating a SVP petition is to not interview with the psychologists while in prison pending your release and to hire Todd Melnik as your attorney.

It is extraordinarily important to contact Mr. Melnik as soon as posible if you believe that your are going to be detained under the SVP law. Dont wait

A juvenile crime is any criminal act that is committed by a minor (person below the legal age of 18). All too often, juveniles and their parents assume that because the crime was committed by a minor, the minor will not be subject to harsh legal penalties if convicted. This belief is far from the truth. In California, all juvenile crimes are taken very seriously by law enforcement and are vigorously prosecuted. Additionally, if the juvenile is close to the legal age of 18, or has committed a felony offense, he/she may be charged as an adult, even at age 15 if its a serious or violent offense.

Were you a party to a fatal car accident? Perhaps now you face charges of drunk driving, DUI manslaughter, vehicular homicide, careless or reckless driving, hit and run (fleeing and eluding law enforcement after a crash), or other vehicle-related charges. Fatal traffic accidents always lead to an investigation.

According to California law, a three strikes crime is a very serious, violent felony. A “strike” is equivalent to one violent felony conviction. If a person has one strike, and is convicted of a second major felony, his/her prison sentence will be doubled. If the person has two strikes on his/her criminal record, and he/she is convicted of a third serious felony, he/she will be sentenced with life imprisonment. When it comes to three strikes crimes, California law enforcement, prosecutors, and judges have zero tolerance.

When someone who is mentally ill does not wish to seek treatment, or someone wishes to terminate treatment against medical advice, they may find themselves in court, going through a process designed to provide treatment pursuant to a court order. The Court may order that the person be committed to a suitable treatment facility.

An expungement is the process of having a conviction reduced from a felony to a misdemeanor and then your guilty or no contest plea is then withdrawn to the charges. The conviction is then removed from public records. All misdemeanors can be expunged upon proper application to the court. Not all felonies can be expunged, however.

A person may apply to have his/her arrest or conviction expunged if he/she meets certain legal criteria. Before a person can have his/her arrest or conviction expunged, he/she must have met all the conditions of probation, such as payment of restitution, completing community service or finishing court ordered educational classes, and not be on probation for any other case or have a pending criminal case. If all of these requirements are met, the person may file a petition for expungement. A misdemeanor expungement must be granted. A felony expungement will be granted at the judge's discretion. An attorney such as Mr. Melnik, who is skilled in this area, can increase your odds by preparing your case before your appearance at the hearing, to increase your chances of success.

Keep in mind that if you had a suspended sentence, where at your original sentencing the judge ordered a state prison sentence, but suspended it to delay that sentence, you are NOT eligible for an expungement. If you went to prison on a case, you are also not eligible for an expungement. In those two types of situations, you would need the equivalent of a pardon from the governor called a Certificate of Rehabilitation. This section of the Penal Code does not allow you to expunge certain serious sex offenses. Only the Governor can pardon you if there are extraordinary circumstances surrounding your conviction and life to obtain relief from a sex offense conviction.

Even though you are granted an expungement by the court for a conviction, there are three circumstances where you must still disclose your conviction on an application. If you apply for licensing by any state agency, such as a real estate license or nursing license, you must disclose the expunged conviction. Likewise, you must disclose a conviction if you apply for a job with the California State Lottery or apply for public office.

Any conviction that is expunged is only expunged for purposes of the public knowledge and for your sense of well being. If you are arrested on another case, the expunged conviction can still be used against you in a new prosecution. For example, if you had a felony burglary case expunged and were later arrested in possession of a firearm, you could still be charged with felon in possession of a firearm instead of a misdemeanor gun possession. Another example is a petty theft. If you are arrested for a new petty theft case after your old one was expunged, you can still be charged with the felony charge of Petty Theft with a Prior.

If you are interested in expunging your criminal record, do not hesitate to contact Mr. Melnik and speak to Mr. Melnik directly to discuss what your options are.

UNDER CONSTRUCTION