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Hayden Gifford Smith

Hayden Gifford Smith

  • Appeals & Appellate, Business Law, Criminal Law...
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Practice Areas
  • Appeals & Appellate
  • Business Law
  • Criminal Law
  • DUI & DWI
  • Juvenile Law
  • Free Consultation
  • Credit Cards Accepted
    All major credit cards.
  • Rates, Retainers and Additional Information
    Most of my cases are criminal defense, and fees are flat and pre-paid. But every situation is different. Provided that there is assurance of good faith I'm open to ideas from clients.
University of San Diego School of Law
J.D. (2004) | Law
Top student, not super-interested in corporations or income tax - or UCC sales. USD has to be one of the most desirable, ridiculously attractive, campuses on earth.
Honors: Member, SAN DIEGO LAW REVIEW Recipient of Dean's Merit Scholarship for TOP CLASS RANKING
Activities: Studying and surfing. More studying. Worked at the library about 30 hours a week, and read about half the books worth reading during my tenure. Everything from Grant Gilmore's "Death of Contract" to "Woe unto you, Lawyers" by another Yale guy, to all of Richard Posner's bracing commentary (comprising over 20 volumes). And, of course, Dressler: "Understanding Criminal Law." still gold.
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University of California - Los Angeles
B.A. (2001) | Philosophy
Loved college! Book for the brain, and....other things....
Honors: Rookie of the Year, UCLA Men's Rugby;
Activities: Theta Xi Fraternity, UCLA Men's Intercollegiate Rugby Team,
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Legal Answers
16 Questions Answered

Q. I had a criminal case that got dismissed. On a 704 unfit to proceed. On the day of my arrest a xxxii amount of money w
A: So here’s the scoop. They have to give you notice when they intend to steal your money by judicial process (called forfeiture but undeserving of a long name). When they do, or if they do, you have 30 days to respond appropriately. Otherwise they win by default. It seems to me these days there is a preference for sitting on seized cask rather than initiating a legal proceeding they might lose. So, the first decision is how long to wait before accepting you’ll have to sue them. Few county DAs are adept in forfeiture law while US attorneys are formidable. Plus federal forfeiture laws are harsher. Does that begin to help?
Q. My bro received an illegal enhancement on his plea bargain. 667(a)(1). What is the outcome of this situition?
A: If the sentence is illegal, then the whole thing gets undone. And redone. It's risky, and not likely to change the total sentence since you can combine terms for crimes and various enhancements to get to any number.
Q. Is there any criminal lawyers who are willing to work off a payment plan?
A: Thank you my colleagues. I just heard of a company called that actually finances qualified borrrowers and their relatives in criminal cases. The qualfications are much lower than for a car loan.
Q. I have a felony for penal code 597 a and i was wondering if i can own a pet if i served my sentencel
A: Unless the court has ordered otherwise, yes. But you need to check with your probation officer (or hire an attorney, ideally) before risking running afowl of the consequences of this conviction.
Q. First time committing a felony (welfare fraud) took a total of 38,000 dollars. Started paying back money in April.
A: You'll likely be ok as long as you keep paying the restitution. A word of advice: in lean months when the temptation is high to spend the $100 somewhere else (or you don't have it) write in to the office ahead of time. Try to keep missed payments down to a dull roar. You'll be paying the restitution off for the rest of your life at that rate. Pay steadily for a couple of years and think about asking the judge for clemency. It's a long shot. 38K is an eyebrow-raising amount, so don't count on anything. One day at a time. Best of luck! (Judges can't officially excuse restitution, but if and when probation ends the obligation will become a civil judgment, which CAN be vacated in equity.)
Q. After a california court violates my 14th amendment rights can they dismiss the charge and charge me a second time.
A: You're going to have to hire a lawyer. Rights are not self-enforcing. If your appointed lawyer is doing as bad a job as you perceive, perhaps the judge would consider letting you all go your separate ways. No answer here - were it possible to address your complaint coherently - is going to affect the outcome of the proceeding. It may be put in the record to preserve the issue for appeal, or argued by seasoned counsel...
Q. Will a criminal case be affected if the arresting officer reported possession of 900 pills instead of 1?
A: 1 pill is evidence of possession. 900 pills is likely to be charged as possession with the intent to sell AND - my fave - transportation, if there is anything propelled or sporting axles in sight. Skateboards included. A possession charge can often be resolved with DEJ and a conviction avoided. Usually, a misdemeanor, though even felony possession is divertable. Possession for sale, in contrast, disqualifies the possessor from those programs. At worst, prison for 3 or more years.
Q. I rentwd a car through enterprise and failed to return it they filed a stolen vehicle report and my husband got caught
A: It isn't good. It isn't hopeless. They usually don't file on late returns for weeks.,,
Q. 35000 bail is it worth the hassle to bail him out,? what kind of time is he looking at doing?
A: This question comes up a lot but attorneys rarely get asked or are willing to weigh in. A client out of custody can clear out time to defend the case. And I hesitate to say anything about defending sometimes being of questionable value. Here's what I can offer: he's probably going to do 90 days on the probation violation. Wild guess. I don't know where you're writing from. All law IS local. Spending $3000 will delay the period of incarceration. If that is of value, then by all means. Otherwise, it seems pointless. Even if you were made of money and $3000 was just chump change, so set the money concern to one side: what are you getting from it? If I were him I would say "You're getting me a chance to fight my case, a much better one that I had in custody." But probation violations are easy to prove, and would you want him to beat the rap?
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