Hayden Gifford Smith
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Claimed ProfileQ&A
Practice Areas
- Appeals & Appellate
- Civil Appeals, Federal Appeals
- Business Law
- Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
- Criminal Law
- Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes
- DUI & DWI
- Juvenile Law
Education
- University of San Diego School of Law
- J.D. (2004) | Law
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- 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
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- 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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Websites & Blogs
- Website
- Website
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 iQualify.com that actually finances qualified borrrowers and their relatives in criminal cases. The qualfications are much lower than for a car loan.
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