Recent Blog Posts in 2009

If you know someone who has been arrested then most likely they will be held in one of the following Jail Facilities in California .  In order to locate this individual you will need their full name and then you can locate where they are being held by police at the Los Angeles Sheriffs Department Inmate Locator.  If the person was arrested in Los Angeles County and have not bailed out of jail within a couple of days then they are most likely at Los Angeles Twin Towers Jail  or at Pitchess Detention Center if they are a man and at Lynwood Jail  Facility if they are a woman.

Once you have located them, you will need a qualified Criminal Defense Attorney to visit them at jail.  The Attorneys at Budris & Barrios can help you!  The Attorneys at Budris & Barrios are experienced attorneys that realize that people are scared when they are arrested and that people sometimes just need someone to talk to and explain their case.  The Attorneys at Budris & Barrios will take the time to go visit you at jail and help you through this stressful situation.  The Attorneys at Budris & Barrios always offer a free consultation and are available 24 hours a day, 7 days a week. Call them now they can help!

Yes, it is true the California Prisons will reduce it’s population.  Recently in California, federal three judge panel ordered California to reduce the prison population by 40,000 over the next two years.  Also in California, the legislature has proposed a plan for the California Department of Corrections & Rehabilitation to reduce the prison population by 27,300 to save an estimated $1.2 billion to the California budget.  The plan includes a variety of methods for determining which inmates will be released.  These methods are:

-Using alternative custody methods ofr lower risk offenders, which promises a 6,300 inmate reduction in the prison population;

-Reducing the ranks of parolees by assigning risk based parole supervision and lower parole agent caseloads, expected to reduce the number of inmates by 5,300 for parole revocations;

-Commuting the sentences of select deportable criminal aliens, for a reduction in the prison population by 8,500 inmates;

-Increasing the felony thresholds for property crime and/or changing some wobblers  (crimes that can be considered either misdemeanors or felonies) to misdemeanors, for a reduction in the prison population of 5,600; and

-Increasing the use of positive behavior and rehabilitation credit programs, for a prison population reduction of 1,600.

So, what does this mean?  This means that the California prison system cannot hold the inmates that are currently behind bars.  The prison population will be reduced and certain inmates will be released over the next two years or sooner especially due to this recent court order by the federal judges in California and the huge budget crisis in California.  California simply cannot house all of the current inmates!

There are more drug-related arrests than there are arrests for serious, violent crimes such as murder, armed robbery and rape. Since marijuana was deemed illegal by our federal government in 1937, the number of arrests continues to rise especially in the wake of the war on drugs.

Also, nearly half of the people arrested for drugs are arrested for marijuana!  So even though you may think that marijuana use is not as serious a drug offense as cocaine or heroin, our justice system is arresting someone found with this drug about every 40 seconds in the United States. That’s just one of the many reasons why you need an experienced defense attorney that specializes in the defense of your marijuana drug charge.

In an effort to provide for the use of Marijuana for medical purposes the State of California has established California Medical Marijuana laws.  However, many individuals find themselves subject to criminal justice system even though they have the right to use marijuana under the California Medical Marijuana laws.  If you find yourself charged for possession, sale or transportation of marijuana and you feel that you have been wrongly accused of this crime – you need a criminal defense attorney that focuses on these type of crimes and can help you during this difficult time.

Assebly Bill 390 was introduced by Assemblyman TomAmmiano in Febraury of 2009.  This bill was created to legalize and tax marijuana in California and decriminalize the possession of marijuana by the every day person. The existing law in California provides that every person who possesses, sells, transports, or cultivates marijuana, concentrated cannabis, or derivatives of marijuana, except as authorized by law, is guilty of one or more crimes.  Assembly Bill 390 would remove marijuana and its derivatives from existing statutes, legalize the possession, sale, cultivation, and other conduct relating tomarijuana and its derivatives by persons 21 years of age and older.  

According to officials, fighting broke out at 9:15 a.m. at the West Facility Institute For Men on Central Avenue in Chino.  Numerous inmates began fighting in the Laguna Hall dormitory until prison guards took control of the situation. Prison officials say 198 men are housed in that facility. 

Officials were unclear whether the incidents were racially based, but both Hispanic and white inmates were involved in the fights.  According to prison officials, 55 inmates of the more than 200 injured were taken to hospitals.  Five inmates were transported to outside hospitals and one had sustained a puncture to the abdomen, according to reports.  Another inmates also suffered stabbing injuries.  Seven inmates sustained minor injuries.  None of the injuries are reportedly life-threatening.  According to officials, no prison staff were injured during the riot and there are no reports of property damage.

In addition to prison personnel and fire crews, police officers from Chino and Ontario, as well as deputies from the San Bernardino Sheriffs Department, were called to the scene.  The situation was brought under control by Sunday morning.   They also reported that the guards took control using pepper spray and that no lethal force was used.  Officers have full control of the prison, which has since been put on lockdown.  A cause for the fighting is under investigation.  See live coverage at 

Riot Breaks Out at Chino State Prison – FOX 11 News – myFOXla.com

Created by: Lisa M. Budris, Esq.

The Los Angeles County Jail, known locally as “LA County Jail” is a Los Angeles County facility that houses male individuals currently detained by any police department in the Los Angeles county area.

The facility is operated by the Los Angeles County Sheriff’s department and houses over 800 individuals. The Los Angeles County Jail is primarily used as a temporary housing facility for individuals awaiting court dates in the Los Angeles Metropolis area.

All individuals housed at the Los Angeles County Jail are listed online by Last Name, and First Name. To locate a family member or friend click here and enter his or her name.

The reasons for which an indiviudal may be housed at the Los Angeles County Jail is because this person may have committed a criminal offense. To learn more about the potential offenses please see our Criminal Defense Section.

To get directions to this facility click here.

Visiting hours at the Los Angeles County Jail vary depending on the scheduling of the deputy sheriffs on duty. To find the most current visiting schedules click here.

If you would like one of our respected and experienced attorneys to visit a family member or friend who is detained at the Los Angeles County Jail click here.

The Los Angeles Immigration Court is located in Downtown Los Angeles, California. The Los Angeles Immigration Court is located at 606 S. Olive St., Los Angeles, CA 90014.  

The Los Angeles Immigration Court handles all cases that are set for removal. Removal is more commonly known as deporation. This means that if or someone you know is ordered to appear at the Los Angeles Immigration Court this person is in “deporation” proceedings. In other words the Federal Government of the United States, or the Department of Homeland Security, is trying to deport you or the person you know.

Los Angeles Immigration Court hours vary depending on the Immigration Judge. It is highly advisable to be present at the court room listed at least 30 minutes before the time stated on the notice of next hearing.

The Los Angeles Immigration Court clerk’s office is located on the 15^th floor. At the Los Angeles Immigration Court clerk’s office you can find out information regarding your next court hearing and other relevant information. The clerk’s office will not provide legal advice.

Common Questions

Do I have to Show up for my Court hearing? YES! If you fail to appear for your court hearing the Immigration Judge will order you “removed in absentia,” which means that the Immigration Judge will order that you be deported.

Do I need an Immigration Lawyer? The short answer is that NO. There is no law that requires you to have an immigration lawyer. However, it is not a good idea to represent yourself! Immigration law is very complicated and takes an experienced immigration attorney to be successful.

What if I Do Not Have an Immigration Attorney at My First Hearing? This is generally not a problem. The Immigration Judge will ask you whether you would like some time to find a lawyer. If you say that you do, the Immigration Judge will generally allow you some time to find a lawyer.

If I don’t Speak English Will Someone Help Me? The Los Angeles Immigration Court provides free translators in the language of the individual.

Why do I have to go to Los Angeles Immigration Court? If you are ordered to appear before the Los Angeles Immigration Court it is probably because you are an individual who is in the United States illegally and has been denied legalization or you are a Lawful Permanent Resident who has committed certain criminal offenses. (Click here to see what crimes are deportable offenses). To learn more about the reasons for why you have been ordered to appear in the Los Angeles Immigration Court click here.

Where is the Los Angeles Immigration Court Located? The Los Angeles Immigration Court is located right in the heart of Downtown Los Angeles. It is a very congested area with a lot of traffic. It is very important that you make sure you have plenty of time to get to the Los Angeles Immigration Court on time. For directions click here.

The Los Angeles, CA office of Budris & Barrios receives several calls on a daily basis regarding Immigration Attorney and Deportation services for the Lancaster Immigration Detention Center.

The Lancaster Immigration Center is properly named Mira Loma Detention Center. It is commonly referred to simply as the Lancaster Immigration Jail. It is run by the Los Angeles County Sheriff’s Department, but under direct control of the Department of Homeland Security.

At this center individuals are held while they wait for their immigration court dates. All the individuals being held are all in the process of deportation/removal. This means that the Department of Homeland Security is trying to remove the person from the United States and send them back to their country of birth, a process commonly referred to as “deportation.”  (Click here to find out more about deporations).

A person detained at Mira Loma Immigration Detention center can be released on an immigration bail bond. (Click here to read more about immigration bail bonds). However, this is up to the Immigration Judge and a person held at Mira Loma may have to wait between 3 days to 2 weeks to speak with an immigration judge about his release.

If a person has an immigration deportation/removal case, and he is detained at the Immigration Court, located at the Lancaster Immigration Detention Center. His court hearings and dates will all take place at the Lancaster Immigration Detention Center. The court is located in the same general area as where visitation takes place. Immigration Court takes place everyday from 8:00 am through 4:00 pm.

A case at Lancaster Immigration Detention Center will last anywhere from 2 months to over 8 months all depending on the type of case. The majority of cases will only last about 2-4 months.

Family members may deposit money for the individual detained at Lancaster Immigration Detention Center by taking cash or money orders to the cashier’s office at Lancaster Immigration Detention Center.  

Lancaster Immigration Detention Center is located at: 45100 60th West, Lancaster, CA 93536. Click here to find directions.

If you would like to have one of our attorneys visit a family member who may be located at this facility please contact us by clicking here

In the past several months there have been several questions regarding the “Petty Offense Exception.” In response to such inquires, our Los Angeles Immigration Attorneys have asked that this information be posted so that our current clients, and our future clients have access to the information. 

The Petty Offense Exception is a special “forgiveness” under today’s modern immigration laws. It applies most often to individuals who are deemed to be inadmissible under modern immigration laws. To be inadmissible is to be classified as an individual who cannot be allowed to enter the United States for specific reasons. To be inadmissible a person must have committed a crime that involves moral turpitude (CIMT). Please see our definitions page.

However, a person who is deemed inadmissible does not need to apply for a waiver of inadmissibility if he or she only has one CIMT, and that offense falls within the Petty Offense Exception. INA § 212(a)(2)(A)(ii)(II).

Because the Petty Offense Exception is an exception to inadmissibility, the CIMT conviction will not trigger inadmissibility. See N. TOOBY, J. ROLLIN & J. FOSTER, CRIMES OF MORAL TURPITUDE § 4.5 (2d ed. 2005).

In order for this individual to qualify for the Petty Offense Exception the following three requirements must be met:

(1) the individual has committed only one crime involving moral turpitude, at any time;

(2) the crime that the individual was convicted of carries a maximum possible sentence of one year or less; and

(3) the individual was not sentenced to a term of imprisonment of more than six months.

In other words the individual can only have one Crime Involving Moral Turpitude, this crime must be a misdemeanor, and the sentence that the individual received could not have been for more than 180 days.

If this is the case, the individual will be “forgiven” and the individual cannot be deemed inadmissible for this crime!

Immigration Reform is at the forefront of all discussion among immigration attorneys. A major point of contention is what exactly will occur when President Barack Obama and his administration push forward on an immigration reform bill. Congress with have to vote for it no matter what!

This said the issue is attempting to predict what Congress will do.

First and foremost, the big-picture should be considered. The real goal for all parties involved is re-election, and new election in 2012. The Democrats want to continue their current run on Capitol Hill and the Republicans want to end that run and start one of their own.

So the underline issue is what will help either party achieve their independent goals? In order for any party to even dream of gaining presidential power both parties are going to have to deal with the powerful Latino voting block. Conventional media outlets simply do not understand the Latino vote. Current polls show that Latinos place immigration reform third on their list of important issues, behind education and health care. However, this is not to say that the Latino voter does not care about immigration reform. Polls show that the Latino voter is heavily concerned about immigration reform because supposedly the Latino voter has family, and friends that are in the United States illegally.

Now, on the surface this may not seem like such a big deal. However, the next presidential election is a little less than three years away, and by then the Latino vote is predicted to increase by a dramatic percentage. During the 2008 Presidential Campaign Obama received 66% of the Latino vote. Analysts predict that if Latino’s are favored, and satisfied by comprehensive immigration reform the Democratic party can garnish up to 75% of the Latino vote. This would mean disaster for the Republican Party.

Now does this mean that Republicans will thus vote against immigration reform to prevent the Democrats from making the Latino voter happy….NOT AT ALL! The reason is that by voting against a comprehensive immigration reform bill, the Republicans would end up upsetting the Latino voter, which will more than likely push even more Latino voters to the Democratic Party. This is a double-edged sword to say the least.

So what does this mean? This means that the odds are that an immigration reform will pass unless the Republican Party wishes to blaze new trials and proceed on a very risky platform.

However, the degree of coverage of this reform is a whole other issue.