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FAQ

  • Criminal Law

    • How Much Does a Criminal Defense Lawyer Cost in California?

      Criminal defense attorneys often charge an hourly rate instead of a flat fee for their services. Sometimes, if a case is complex, attorneys will charge an hourly rate as well, and these rates vary between different criminal defense attorneys. Since rates can depend on the skill level of the lawyer, they can vary from anywhere between $250 to $750 an hour.

    • How Can You Find a Criminal Defense Attorney?

      You can ask family or friends for recommendations, look up attorneys in your area online, or contact your local bar association. Look for reviews and testimonials of each lawyer as well to help you make the best decision.

    • What Can a Criminal Defense Lawyer Do for Their Clients?

      A criminal defense lawyer’s job is to protect their client’s constitutional rights and make sure they are treated fairly by the criminal justice system. The attorney investigates the case against their client, negotiates with prosecutors, and represents their clients in court. Criminal defense lawyers can help reduce the number of consequences for your criminal case.

    • What Should You Ask When Hiring a Criminal Defense Attorney?

      Choosing a criminal defense attorney can be a difficult task. The following are some good questions to ask a potential criminal defense lawyer for your case:

      • How long have you been practicing law?
      • What is your experience with cases like mine?
      • What are your fees and how do you charge?
      • What are the potential consequences of my case?
      • What are my chances of winning at trial?
      • What could happen if I am found guilty?
      • Can I get the charges against me dropped?
      • Can you help me understand the evidence against me?
      • Do you have any experience with witnesses in my case?
      • If I am found guilty, what kind of sentence am I looking at?
      • What are the chances I will have to go to trial?
      • If I do go to trial, what can I expect?
      • What are my rights during the criminal justice process?
    • Is law enforcement allowed to search my house or car?

      Property and privacy rights are some of the most important for American citizens. Police are only allowed to search your vehicle or home if they have a warrant if they have probable cause, or if you give explicit consent for them to do so. You are never required to consent a police search of your property, and you should never feel pressured to do so. If you believe that you were the victim of unlawful search and seizure, contact The Law Office of Jacqueline Goodman immediately to safeguard your rights.

    • Are the police required to read my rights when I'm arrested?

      No. Law enforcement officers are not legally required to "read your rights" at the time of your arrest. The Miranda warning is only required if law enforcement plans on using your statements against you in court. Additionally, the warning is only required if you are in police custody. If the police want to ask you questions that might elicit incriminating answers, they will probably read the Miranda warning just to be safe. Consult a defense attorney before speaking with law enforcement so you can be safe.

    • What happens if the police ask for a statement and I refuse? Will I be arrested for refusing to cooperate?

      You cannot be arrested or charged with a crime for exercising your right to remain silent. The Fifth Amendment allows you to remain silent and avoid giving testimony against yourself. If a police officer tries to intimidate you into waiving your rights, do not believe them and insist on speaking with a lawyer as soon as possible. Judges cannot set a high bail for not cooperating with law enforcement, but some officers try to make you think that you are required to give a statement. In reality, officers may try to scare you into making a statement so that it will be easier to obtain a conviction later.

    • What is a grand jury and how will it affect my case?

      A grand jury is a collection of individuals used to determine whether or not there is enough evidence to take a case to trial. For example: If you were arrested for a drug crime, a grand jury might be used to figure out whether or not the prosecution has a legitimate case against you. The grand jury will base its determination on witness testimony, documents, and other available evidence. At the end of the proceedings, the jury will decide whether or not the case will actually go to trial. If there is not enough evidence to conduct a trial, your case will not move forward. Grand juries are typically reserved for high-level felonies and federal crimes.

    • How does the prosecution determine the charges I will face?

      Typically, the prosecution pursues charges with enough evidence to back them up. In other words, the prosecution will look for a legally sound case. If a case contains some kind of inherent flaw, it probably isn't worth pursuing. Then, prosecuting attorneys decide whether or not there is enough evidence to pursue a conviction. If there isn't, the case will probably be dropped, or another charge will be considered. "Enough" evidence is determined by the quantity of the evidence held against you and the quality. For example, if the prosecuting attorney has a large quantity of questionable evidence, they probably still won't pursue that particular case because of its potential holes. You can only be prosecuted once per alleged offense, so prosecutors have to be careful when deciding when to act.

    • Do I really need a lawyer if I'm going to plead guilty?

      Yes. A skilled defense attorney is imperative even if you plan on taking a plea bargain. A lawyer can help you decide if the plea bargain is really your best option. Additionally, your lawyer can help you determine whether or not the prosecution has enough evidence to offer you a plea bargain for a specific offense. Without a lawyer, the prosecution might assume that you are going to plead guilty and offer you an unreasonable bargain. An attorney can help you negotiate for an agreement.

    • I'm innocent. Do I still need a criminal defense lawyer in Orange County, CA?

      Yes. It doesn't matter if you actually committed a crime; you are subject to the same fines and penalties as everyone else in the event of a conviction. A defense attorney can fight aggressively to make sure that your rights are protected, though.

      If you are facing criminal charges in California, it is important to hire a qualified criminal defense attorney to represent you. The outcome of your case could have serious consequences, and an experienced lawyer can help you navigate the criminal justice system and give you the best chance at a favorable outcome.

  • Drug Crimes

    • Can I be arrested for possessing a drug I didn't use?

      If you are caught in the possession of a controlled substance, you can be charged with a crime even if you have not taken the drug. However, you will not necessarily go to jail. You might be able to avoid jail by paying fines, entering treatment for drug addiction, or going through drug rehabilitation.

    • Can I be charged with drug possession for legal prescription drugs?

      Many people are surprised to learn that the answer to this question is yes. You can be charged with possession if you are caught with certain medications without a prescription. Even if you have medication such as Vicodin or codeine simply for personal use, you may still find yourself facing serious charges if they are not your own prescription.

    • What does DEJ stand for?

      DEJ stands for "Deferred Entry of Judgment." If you have been charged with a drug crime for the first time, this is a program that allows for your case to be dismissed as long as you complete a drug program and are not charged with any other crimes within a certain period of time following your original charges.

    • What is Proposition 36?

      In 2000, California passed Proposition 36 to help drug offenders who are ineligible for the DEJ program. The purpose of Proposition 36 is to provide education and treatment for drug offenders rather than putting them in jail. If you qualify for Proposition 36, you may be able to get your case dismissed by completing a drug program and pleading guilty to the original drug charges.

    • Will I be charged with possession of drug paraphernalia for having legal household items?

      Unfortunately, yes. There are certain household items that are also classified as drug paraphernalia, such as flashlights, highlighters, and pagers that are used to communicate drug trafficking efforts in some cases. You can be charged with possession of illegal paraphernalia if the prosecution can prove that the items in question were used in connection to a crime.

    • What are some of the defense strategies for a possession charge?

      At The Law Offices of Jacqueline Goodman, Attorney Goodman knows how to scrutinize your case to identify areas where the police made mistakes or acted inappropriately. For example, law enforcement officers will often ignore the California rules of search and seizure when investigating the activities of suspects. In other situations, she may be able to prove that your arrest was the result of invalid "confidential police informants" or that you were set up in a way that violated California's entrapment laws.

    • Will a drug arrest affect my immigration case?

      If you are a noncitizen and are arrested for a drug crime in California, you may face deportation, exclusion, or loss of a visa or green card status, regardless of whether or not you are convicted. You need a lawyer who understands both criminal and immigration law if you are in this situation. The right attorney can fight to keep you from being deported from the United States and can keep you from losing your opportunity to gain citizenship.

  • Anaheim Criminal Defense

    • How Much Is a Criminal Defense Attorney in Anaheim, California?

      Criminal Defense attorneys all charge differently for their services. Most charge by the hour and range between $200 and $500 per hour. This ultimately depends upon their firm’s policies, their experience, and their track record. Be sure to discuss finances with potential attorneys before you hire their services to ensure uninterrupted representation.

    • How Do You Qualify for a Public Defender in California?

      If you cannot afford an attorney of your own, the court will assign a public defender to you. This individual is usually very overworked and has a lot of cases on their plate, meaning that you are unlikely to get a good defense from a public defender. If you need a public defender, you can tell the judge during your arraignment meeting. They will assign one to you for your case.

    • Are Public Defenders Free in California?

      In California, the court may ask you to pay a $25 fee if you are using a public defender. However, you will not be denied representation if you cannot afford the fee. Essentially, a public defender is free. However, they usually have a lot of cases and cannot spend very much time on each of them, giving you poor representation.

    • Can a Lawyer Defend a Client They Know Is Guilty?

      Yes. In fact, they are required by law to defend their client to the best of their ability, whether they know the client to be guilty or innocent. This ensures that everyone has fair representation with their best interests at heart. It also ensures that you have confidentiality when speaking with your attorney, and you can tell them exactly what happened regardless of the implications.

  • Anaheim Drug Crimes

    • How do you beat a drug sale charge in California?

      California law contains rules that specify how searches and seizures should be conducted. If these regulations are broken, the case against the defendant may be dismissed. The case may be dropped if criminal means were employed to obtain evidence of drug sales, such as:

      • Fabricating warrants for a search or an arrest
      • Employing unnecessary force or entrapment
      • Planting evidence
      • Fabricating the facts of the case in the arrest report or during the trial
    • Do first-time drug offenders go to jail in California?

      The sentence length for a first-time drug offense in California differs from case to case. The length of time someone is imprisoned for drug possession in California depends on several variables, including the substance in question and whether they are accused of "simple possession" or "possession for sale." The standard sentence for first-time misdemeanor drug offenses is one year in prison and a maximum fine of $1,000.
    • What is the statute of limitations on drug charges in California?

      The statute of limitations for drug offenses in California that could result in imprisonment is 3 years. According to California Penal Code 801, a crime must be prosecuted within three years of when it was committed. If a defendant leaves the state, the statute of limitations is suspended until they return. This may give the prosecution an additional three years to file their complaint, giving them a total of six years to press charges.
    • Can you go to jail for using drugs in California?

      The amount of prison time necessary in these situations will ultimately depend on the substance involved. An ounce of marijuana is considered simple possession for personal use and carries a misdemeanor conviction and a fine of up to $100. However, if found in possession of a controlled substance like heroin or cocaine, felony charges of up to three years in prison are possible.
  • OC Domestic Violence Crimes

    • Can a Domestic Violence Case Be Dismissed in California?

      If you have been accused of domestic violence in California, it is possible to get the charges dismissed depending on the circumstances of your case. Here are some ways a domestic violence case can be dismissed in the state of California.

      1. Contradicting Statements

        If the victim of domestic violence tells law enforcement one story and then writes a different story in their written report, there could be grounds to drop your case.

      2. Lack of Evidence

        If there is no evidence that domestic violence occurred, such as witnesses or injuries, the charges may be dropped. This is because there is no proof beyond a reasonable doubt.

      3. Lack of Visible Injuries

        While not required, if there are no visible injuries, it may be more difficult to prove that domestic violence occurred. If no other evidence can be found against the defendant, the case is more likely to be dropped.

      4. Lack of Independent Witnesses

        If there are no witnesses to the domestic violence other than the victim and the accused, it may be more difficult to prove that domestic violence occurred — so much so that a prosecutor could drop a defendant’s charges.

      5. You Have an Alibi

        If you have an alibi for the time when the domestic violence is alleged to have occurred, this can be used as a defense and may lead to the charges being dropped.

        An attorney can look at the specific facts of your case and determine if there are any grounds to get your charges dropped. That is why it’s important to have a domestic violence defense attorney on your side if you are facing domestic violence charges.

    • Is There a Statute of Limitations on Domestic Violence in California?

      There is a five-year statute of limitations on domestic violence in California according to law SB 273. This allows victims more time to process what happened to them before coming forward about an incident. The downside is defendants can be charged up to a half-decade after the incident occurred, making details of the incident less clear.

    • How Do Domestic Violence Cases Work in California?

      Most often, the police are called when a domestic violence incident occurs, and by law, they are required to investigate the situation. They will talk to each person involved in the case to get a statement from them. An emergency protective order is often offered to the victim of domestic violence immediately. This order lasts for about a week, giving the victim time to get a long-term restraining order if they choose.

    • What Happens If I Violate a Restraining Order in California?

      A restraining order is made to protect the victim of domestic violence from further abuse. It lists what the perpetrator of domestic violence is not allowed to do. If the perpetrator violates any part of the restraining order, they may be subject to contempt of court charges, which is a misdemeanor. If they violate the restraining order more than once, it may be considered a felony.

    • What Is the Difference Between Domestic Battery and Domestic Violence?

      Domestic battery is a type of domestic violence charge that might occur when there is a dispute between intimate partners. If the situation draws the attention of the police or others, it is likely to be considered domestic battery. Battery is the use of force on another person willfully or unwilfully. The domestic battery charge falls under the more general category of domestic violence. Domestic violence is considered meditated force against another person an individual is in a domestic relationship with.

  • OC DUI Checkpoints

    • Are DUI Checkpoints Legal?

      Checkpoints are legal in the state of California, but they must be conducted in a specific and lawful way. Because of the Fourth Amendment, individuals are protected from unreasonable search and seizure. Many would argue that sobriety checkpoints should be considered unlawful under this amendment, however police officers adhere to strict guidelines as a means of not over-stepping these bounds.

    • What Is the Process During a Checkpoint?

      Police officers must carefully follow a regulated process while conducting searches at DUI checkpoints. If they do not obey these regulations, any evidence collected against an individual to indicate that they were driving drunk may not be admissible in court and the individual's case may be dismissed.

      There are eight required steps officers must adhere to in order to lawfully conduct a checkpoint stop:

      1. Warning lights must be clearly visible
      2. Any decision making must be done at a supervisory level
      3. The safety of the public and officers must be put first
      4. The location of the checkpoint is determined by policy-making officials
      5. Drivers should not be detained longer than necessary
      6. Vehicles must be stopped by a neutral predetermined strategy, such as stopping every fourth car
      7. Publicly advertise the checkpoint in advanced
      8. The length of the checkpoint must be limited, enough to be effective but not intrusive
    • I Was Arrested at a DUI Checkpoint, Now What?

      Now you need an experienced DUI lawyer in Orange County to represent you. The penalties for a DUI conviction can be severe and include fines, suspensions on your license, and even jail time. A DUI can also impact your career if you are a licensed professional, such as a lawyer, nurse, or a doctor. Retaining the legal guidance of a dedicated and proven attorney can help you protect your rights and your freedom.

    • Who Was in Charge of the DUI Checkpoint at Which You Were Arrested?

      Both supervising officers and field officers can be found working at DUI checkpoints; however, only a supervising officer is legally permitted to make determinations concerning how and when a checkpoint will be operated, and under what criteria it will be permitted to stop a vehicle. Typically, the decision about where to operate a DUI checkpoint will be based upon what areas are shown to have the highest concentration level of accidents related to driving under the influence.

    • Where Was the Checkpoint Located?

      As we mentioned earlier, DUI sobriety checkpoints must be located in a reasonable area, i.e. an area that hast presented itself as one that is prone to DUI arrests and / or accidents. In addition to the reasonable qualities associated with DUI checkpoints are the safety considerations that were made (or not made) in relation to the checkpoint's location. For example, if it can be proven that a driver's safety was not properly considered when establishing the location of a DUI checkpoint, its location can be called into question.

    • Was the DUI Checkpoint Publicly Advertised?

      Prior to the date on which they occur, DUI roadblocks that serve as sobriety checkpoints must be advertised in public areas in which they can be seen by drivers in the area. Notices can appear on local law enforcement websites, on local news channels, and in local newspapers. In addition, signs warning of the checkpoint need to be made visible to drivers; these can include flashing lights, the presence of uniformed law enforcement officers, warning signs, prominent lighting, and even marked police cars.

    • If I See a Checkpoint Ahead, Can I Turn Around and Drive Away?

      If you are driving down the street and you see the lights of a sobriety checkpoint ahead, you are not legally required to drive through it. You can turn down a perpendicular street or do a U-turn to go in the opposite direction. However, you are still required to obey the laws of traffic. You are not allowed to do an illegal U-turn or drive on the opposite side of the street as a means of avoiding the checkpoint.

    • Are Drug Swabs Legal at a DUI Checkpoint?

      Using drug swabs is still new to DUI checkpoint stops. As of now the use has not been banned, but may be in the future if it is deemed to be intrusive or unlawful.

    • What Are My Constitutional Rights?

      Your rights during a checkpoint are similar to your rights when dealing with law enforcement at any moment. An officer is not lawfully able to search your vehicle without a reason to believe you are intoxicated or without your permission. If an officer beings to question you, you are not required to answer or admit any guilt.

      Within your rights, you have the right to:

      • Remain silent
      • Deny the request to search your vehicle
      • Refuse a Preliminary Alcohol Screening test
      • Refuse sobriety field tests
      • Leave the checkpoint if you do not wish to be detained

      Understanding and knowing your rights is imperative to ensuring that you are not unlawfully searched or taken advantage of. Know your rights and protect your future.

      If you were stopped at a DUI checkpoint and arrested, we urge you to contact our office today. Many defenses exist that can be used to represent your case in court, and often, to have your charges reduced are dropped altogether.

  • OC Criminal Defense

    • How Much Is a DUI in Orange County?

      A DUI conviction in Orange County carries a fine of $390 to $1,000, but this does not represent the total cost of a DUI. Other expenses include court fees, penalty assessments, fees for attending DUI education programs, driver’s license reinstatement fees, IID installation fees, fees for towing and impounding the vehicle, bail, and attorney’s fees. Additionally, car insurance rates typically double after a DUI and remain high for approximately three years. In total, a DUI conviction can cost $11,000 to $16,000.

    • Is Jail Time Mandatory for a DUI?

      All DUI charges in California carry the possibility of jail time, but judges often impose probation or other alternative sentencing penalties for first or second offenses. However, the potential for jail time increases for every conviction within a 10-year period, and third or subsequent DUI convictions nearly always involve minimum jail sentences. A jail or prison sentence becomes more likely in the presence of any aggravating factors listed above.

    • Do I Need a Lawyer for DUI in California?

      It is not required to hire a lawyer if you are charged with a DUI, but securing representation from an experienced criminal defense attorney is your best chance at achieving a favorable outcome in your case. An Orange County DUI lawyer can:

      • Explain your exact charges, how the law applies to your case, and the penalties you face
      • Advise you on the best course of action for your defense
      • Thoroughly investigate the facts of your alleged offense
      • Represent you at the DMV hearing to protect your driving privileges
      • Help you apply for a restricted license
      • Monitor the procedures of police officers and prosecutors to protect your rights
      • Challenge the prosecution’s evidence against you to have your case dismissed
      • Uncover exculpatory evidence to prove your innocence or mitigating evidence to minimize the penalties of a conviction
      • Negotiate with prosecutors to secure a plea deal for reduced charges
      • Explore alternative sentencing options to avoid jail or prison time
    • Can I Have a DUI Charge Dismissed in California?

      You may have legal grounds to file for a “motion to dismiss” with the court, which is a formal request made to a judge to consider setting aside the case rather than pursuing a conviction. This strategy can be implemented if your rights were violated at any point during their arrest or the preliminary hearing or if the arresting officers did not have probable cause to arrest you in the first place. However, if you face several charges, having a DUI dismissed does not prevent prosecutors from proceeding with the other charges.

    • What is the purpose of an administrative hearing, and can it help me?

      If you have received notice that your driver's license may be suspended or revoked, you should request an administrative hearing to fight for your driving privilege. A DMV hearing is your chance to prove that the suspension or revocation of your driver's license is not justified given your circumstances. It is wise to have the help of a skilled attorney by your side at the administrative hearing.

    • Is there any way I can get to and from work if my driver's license is suspended?

      If your driver's license is suspended by the DMV for a period of time, you have the option of applying for a restricted license that allows you to drive to and from work. This type of restricted license will not be addressed at the DMV hearing. You must apply for a restricted driver's license at a DMV field office.

    • How long can my driver's license be suspended if I took the chemical test?

      California DUI laws require you to submit to a chemical test to determine the amount of alcohol or drugs in your blood, and these tests include blood, breath and urine tests. If your blood alcohol content (BAC) shows up as .08% or higher and you are unsuccessful in fighting your DUI, your driver's license will be suspended for a minimum of four months. A second or subsequent DUI conviction within a 10-year time period will result in a one-year driver's license suspension.

      If you have been arrested for an underage DUI because your preliminary alcohol screening (PAS) test or chemical test revealed that your BAC was .01% or higher, you will lose your license for a year.

    • Do I have to tell my car insurance company about my DUI?

      If you have received a DUI conviction, there are two different ways that your car insurance carrier can find out about your DUI. The first way happens when your insurance runs a check on your DMV record, which generally happens when your policy is up for renewal or when you apply for new coverage. Any DUI convictions that are within the last 10 years will be visible.

      Secondly, your car insurance carrier can find out about your DUI when the California Department of Motor Vehicles requires you to obtain an SR-22, which is a certificate of insurance that signifies that you meet the state's minimum requirements for auto insurance liability coverage.

  • OC Internet Crime Laws

    • What Is the Policy in California on Cybercrime?

      In 2011, the Attorney General of California established a special “eCrime Unit” designed to investigate and prosecute cybercrime. State law prohibits all forms of cybercrime, including internet fraud, phishing, identity theft, credit card fraud, unlawful computer access, and using a computer to commit or solicit other crimes. Many of these crimes are also considered federal crimes, and federal prosecutors often have jurisdiction over cases involving extensive fraud or large-scale criminal operations.

    • How Does California Define Misdemeanor Cybercrimes?

      Most cybercrimes are “wobblers,” meaning they can be charged as either a misdemeanor or a felony. Prosecutors determine how to charge a crime based on several factors, including the extent of the fraud (i.e., whether the defendant used the unlawful information or only possessed it with fraudulent intent), the criminal history of the defendant, the specific victims involved in the crime, and whether the defendant acted with malice or oppression. A criminal conviction can result in substantial fines, a county jail or state prison sentence, forfeiture of equipment used to commit the crime, and restitution to victims.

    • Can You Go to Jail for Cybercrime?

      A conviction for internet fraud/phishing under the state’s identity theft laws can result in imprisonment for one year, 16 months, two years, or three years. The penalties for credit card fraud depend on whether the offense is charged as grand theft or petty theft.

    • Is Cybercrime a Federal Crime?

      Yes, federal law prohibits possessing, using, or transferring another person’s identifying information with the intent to commit a state felony or federal crime or in connection with such a crime.

  • White Collar Crimes

    • How many years can you get for a white collar crime?
      There is a wide range of penalties for white collar crimes. They depend on the amount of money involved or whether the crime is considered a felony or a misdemeanor. For example, extortion is a felony, and the maximum punishment is four years. Fraud over $950 is charged as either a misdemeanor or a felony. A felony results in a maximum incarceration of five years and a maximum fine of $50,000 or twice the amount of the fraud.
    • Why is it called a white collar crime?

      White collar crimes are generally associated with white collar workers, corporate leaders, businesses, or business owners. These people or agencies take advantage of their position to commit these financial crimes.

  • Anaheim DUI Crimes

    • Is a DUI a felony in Anaheim, CA?
      Most DUI charges are filed as misdemeanors, but there are circumstances where a DUI will be charged as a felony. The severity of a DUI charge will be determined by several key factors. If any injuries occur as the result of someone driving under the influence, then the driver may face a felony DUI charge. A driver’s charges can also be upgraded to a felony if they have three prior DUI charges in the past ten years or any other felony DUI charges on their record.
    • What is a DUI?
      A DUI charge means that an individual was caught operating a vehicle while under the influence of any substance that impairs their judgment. Most drivers are familiar with DUI charges related to driving while drunk. However, it is also possible to be charged with a DUI for driving under the influence of drugs. California does not differentiate between illegal, over-the-counter, and prescription drugs when determining a drug DUI. If an officer believes you are under the influence of a drug, regardless of its legality, you may face a DUI charge.
    • What is the full meaning of DUI?
      DUI stands for "driving under the influence." In some instances, it may also be seen as DWI, which stands for "driving while intoxicated." These refer to any traffic violation when an individual has consumed any substance that hinders their judgment. A DUI is most commonly associated with a person who has consumed alcohol and chosen to drive. It is becoming more common, however, for DUI charges to involve individuals who are under the influence of a drug, either legal or illegal.
    • What is the penalty for DUI?
      The penalties associated with DUI charges vary depending on the severity of the incident. The most common penalties are fines and jail time. If you are convicted of a DUI and your blood alcohol content was excessively high, you will face harsher penalties. The fines in those cases are between $400 and $1,000, and you will also likely lose your license for up to six months. If another person is injured or killed as the result of your DUI, then you could also face lawsuits connected with those events.
  • Anaheim Sex Crimes

    • How Do You Win a Sex Crime Case?
      Defendants or suspects can use many strategies to disprove a sexual assault accusation. A criminal defense attorney should be hired, one should avoid speaking to police without an attorney present, and one should avoid communicating with anyone connected to the matter at all. Sticking to these strategies from the beginning of an investigation can help those accused of sex crimes avoid indictment.
    • How Are Sex Crimes Investigated?
      When a sex crime occurs, police investigations frequently start with an accusation from the accused victim. Law enforcement will launch an examination as soon as this happens. Interviews with the alleged victim, the defendant, and witnesses are part of an investigation into an alleged sexual offense. To ascertain whether there is any forensic proof, a medical exam of the accused victim would typically be carried out as well.
    • What is the Punishment for Sex Offenders in California?
      Depending on the offense, the prison time for sex crimes can range from probation to life in prison. The nature of the crime, as well as the defendant’s previous felony record, will be used to determine sentencing for each sex act. For example, California’s Three Strikes Law makes those previously convicted of "violent crimes" face harsher sentencing for their third conviction, meaning that sentencing in these particular cases would be more severe.
    • Are Sex Crimes Serious?
      Depending on each case's relevant legislation and the specifics of the crime, sex offenses may be classified as misdemeanors or felonies. Keep in mind that the state views all sex crimes as serious felonies deserving of inquiry and/or legal action. This means that any allegation will be investigated, regardless of its truth.
  • Brea Criminal Defense

    • At What Point Should You Ask for a Brea Criminal Lawyer?

      If you are accused of a criminal act, then you should immediately get in contact with a Brea criminal defense lawyer. Representing yourself in court is never a great option. The court will not go easy on you, and your side of the story may never get expressed. A criminal defense lawyer will understand how the trial will run and be able to anticipate what the prosecution will use against you.

    • Should You Tell Your Brea Criminal Attorney Everything?

      Confiding in your defense attorney about the entirety of your case can actually help them craft a solid defense strategy that will work for your case. Your attorney is legally bound not to disclose anything that you tell them in private. Therefore, even guilty persons still have the opportunity of reducing their charges or having their case acquitted with the help of an experienced lawyer. Unless you have a law degree, it is extremely difficult to predict what will happen in court. An attorney will be prepared for the unexpected.

    • Who Qualifies for a Public Defender in Brea, California?

      If you are unable to afford the cost of hiring a public defense attorney in California, you may be eligible to apply for a public defense attorney. Since there are only so many public defense attorneys available, the process of acquiring one is not always simple. You will need to prove that you are financially incapable of hiring a private attorney. You will also need to pay a fee of $25 to complete this selection process. After proving your financial need, the superior court judge will assign a public defense attorney to your case to represent you in court.

    • Are Public Defenders Free in Brea, CA?

      Public defenders are free for low-income individuals if they have proved that they are unable to afford a private attorney. That being said, there is a limited number of public defenders, so there is no guarantee that the court will assign one to represent you. To apply for a public defender, you must pay the court a $25 reservation fee.

  • Brea DUI Crimes

    • Do I Need a DUI Attorney?
      Though it is legally possible to defend yourself in a DUI case, it is not typically recommended. Court processes are not simple, so the skills of a Brea DUI attorney will be invaluable throughout your case. The penalties for a DUI conviction are severe, so it is important to reduce or avoid as many charges as possible.
    • How Much Does a DUI Charge Cost?
      The total cost of a DUI will be significant, even for a first-time offense. Court fines can reach $1,000, but there will also be fees associated with towing and impounding your vehicle, the ignition interlock device, driver’s license reinstatement, and DUI school. A DUI conviction can cost upwards of $15,000.
    • What Do DUI Lawyers Do?
      A DUI lawyer will be an invaluable resource through your DUI case. They will advise you of the most favorable outcome to your case, then work to attain it by collecting evidence and communicating with the court and prosecutor on your behalf. A skilled DUI attorney may be able to get your charges reduced or even dismissed.
    • What is the Difference Between DWI and DUI?
      DUI means driving under the influence, and DWI stands for driving while intoxicated. Though many states use these terms separately to describe the substance the vehicle driver was using, California only uses the term DUI. The DUI charge covers any situation where a person was driving impaired/ under the influence.
  • Fullerton Criminal Defense

    • What Do Fullerton Criminal Defense Lawyers Do?

      Defense attorneys are in charge of maintaining your innocence in court. We do this by infusing the prosecution’s argument with reasonable doubt. Remember, the jury can only convict you if they believe you are guilty beyond a reasonable doubt. The defense’s job is to provide an alternative perspective that will hopefully cause the jury to doubt that you are guilty. We do this through evidence and witness testimony.

    • Do I Need to Hire a Fullerton Criminal Defense Attorney If I Plan on Pleading Guilty?

      Yes. Though you may plead guilty, you can still strike a deal with the prosecution if you have an attorney on your side. This is one of the advantages of pleading guilty. Your criminal defense attorney will negotiate a sentence with the prosecution in the hopes of minimizing the punishment. If you do not have a criminal defense attorney, the prosecution is unlikely to give you any sort of deal, and you will likely face the maximum punishment.

    • What Crimes Are Considered Domestic Violence?

      Domestic violence occurs in many ways, but all offenses fall under four distinct categories. These include:

      • Physical abuse. This encompasses actions such as hitting, punching, kicking, and slapping.
      • Emotional abuse. Offenses like threats, lying, and intentionally frightening fall into this domestic violence category.
      • Psychological abuse. This category includes name calling, public embarrassment, gaslighting, and manipulation.
      • Financial abuse. These crimes include withholding shared money and controlling all spending.

      Many domestic violence cases are considered wobblers.

    • Is There a Difference Between a Felony and a Misdemeanor Charge?

      Felony charges are more serious and include strict consequences, while misdemeanors are considered less serious. Felonies can keep a person from getting a job, finding housing, and voting. Though misdemeanor offenses have consequences, they are often not as severe and may be eligible for expungement after a certain amount of time.

      Misdemeanor offenders are incarcerated in county jail, while felony offenders face time in state prison. The latter is much stricter and may take you away from your hometown.

    • What Can I Expect From My Fullerton, CA Criminal Defense Attorney?

      You can expect your criminal defense attorney to be your primary advocate. Our job is to make sure the court hears your perspective. You can expect your attorney to be nonjudgmental, to listen to your story, and to be clear and honest with you. If you do not feel you can trust your attorney or if they fail to listen to you properly, you should keep looking. These cases are serious, and you need proper legal representation.

  • Huntington Beach Criminal Defense

    • How Do You Choose A Good Criminal Defense Attorney in Huntington Beach, CA?

      It’s important to find a Huntington Beach criminal defense attorney you feel you can trust. You also want your attorney to be compassionate and ready to fight for you and your best interests. Talking to friends and family can help you get a good attorney, and you can also search online or through the local bar association. Find a defense lawyer with relevant experience to your specific situation, and check previous client testimonials to see the impact an attorney has had.

    • How Much Does a Criminal Defense Lawyer Cost in Huntington Beach, CA?

      In California, criminal defense attorneys often charge anywhere from $200 to $750 an hour. These rates are affected by the skill level of the lawyer, their experience, and the complexity of the case.

    • Is a Criminal Lawyer the Same as a Criminal Defense Lawyer?

      These phrases usually refer to the same job — an attorney who builds a criminal defense case to defend a person or entity.

    • What Questions Should I Ask Before I Hire a Huntington Beach Criminal Defense Lawyer?

      You must be confident in the skill and understanding of your Huntington Beach criminal lawyer. A lot hinges on the outcome of criminal charges, and you want to be sure your attorney has the necessary expertise to handle it. Some examples of questions that are helpful include:

      • How experienced are you with similar cases to mine?
      • What is your experience in trials?
      • How many years have you practiced law?
      • What do you anticipate my case’s outcome will be?
      • Can you explain the evidence?
      • How likely am I to win a trial if it comes to that?
      • Could the charges be dropped?
      • What type of sentence would I be looking at?
      • How likely is it that my case goes to trial?
      • What should I expect from a trial?
      • What rights do I have in this procedure?
  • Huntington Beach Drug Crimes

    • How Long Do Misdemeanors Stay on Your Record?
      In California, misdemeanors stay on your record for life. There is no expiration date or automatic erasure date for these crimes. The only way that you can have a misdemeanor removed from your record is if you petition to have it expunged and the court accepts it. However, drug-related crimes are very serious in the eyes of the law, and expungement is not as easy as it might be for other offenses. You will need an attorney to help you.
    • Can a Drug Felony Be Expunged?

      Yes, it is possible to have a drug felony expunged in California. However, felony expungement is a long and complicated process. You can only have a felony expunged after it has first been reduced to a misdemeanor. If your felony offense was a “wobbler” charge, or a crime that is sometimes charged as a felony and sometimes charged as a misdemeanor, the court will often comply with your request. In all situations, you need an attorney to help.

    • How Do I Expunge My Record?
      If you have a felony charge, you will need to have it reduced to a misdemeanor before it can be expunged. If you have a misdemeanor charge on your record, you can hire an attorney to begin the process. Every process is different, so it is crucial to have an attorney help you with your case. In some cases, expungement may not be possible, or there may be a waiting period to start the process.
    • How Long Do Police Have to File Drug Charges?
      For misdemeanor drug offenses, the police usually have one year to file the charges. The police have three years to file felony drug charges. If the waiting period has elapsed before the prosecution begins the process of charging you, the case must be dropped. After that, you do not have to face the legal process.
  • Huntington Beach DUI Crimes

    • Do I Have to Comply With the Police Chemical Test?
      California Vehicle Code 23612 states that a person has given implied consent to a chemical test if they drive under the influence of alcohol and/or drugs. Technically, you can refuse to take a breath or urine test; however, it will result in additional fines and mandatory imprisonment if you are found guilty of driving under the influence. Refusing a breath, urine, or blood test will also result in more administrative penalties concerning your driver’s license suspension.
    • Can You Get a Public Defender for a Drunk Driving in California?
      There are three options for representation in a DUI case: doing it yourself, accepting an appointed public defender, or hiring an attorney. A public defender is a licensed attorney appointed by the court to offer legal representation to someone who cannot afford to hire or who does not wish to hire an attorney. This is the best option for someone who is unable to afford the costs of hiring their own attorney, as you do not need to attempt to defend yourself and make harmful mistakes. However, public defenders must carry heavy workloads, so they may not have sufficient time to pay close attention to any one client.
    • Is a DUI Arrest a Felony?
      A DUI is typically a misdemeanor charge, but certain circumstances can increase the charge to a felony. Before sentencing a defendant in a DUI case, the court will consider any previous DUI convictions the defendant has had within the past 10 years. Three prior DUIs in this period will escalate the charge to a felony. Other factors that may increase the charge to a felony level are a BAC of 0.15% or higher, reckless driving, causing an accident that injures others, and resisting arrest.
    • What is the Cost to Hire a DUI Lawyer?
      Lawyers typically charge their clients on an hourly basis. An average hourly cost for California DUI lawyers is between $400 and $800. This fee depends on factors such as the firm’s experience and the severity of your case. Prior DUI or other drug/alcohol-related convictions will make your case more complex and costly, as will being under 21.
  • Huntington Beach Sex Crimes

    • What is the Process for Investigating a Sex Crime?
      As with any other crime, the exact process of investigation for a sex crime will depend on the nature of the crime, the circumstances, and the available evidence. Investigating a sex crime can involve scientific tools such as DNA tests and rape kits or more traditional investigatory tools such as witness interviews and physical evidence. If you are being asked to give information as part of a sex crime investigation, it may be in your best interests to solicit the services of a quality criminal defense lawyer before doing so.
    • Are There Prosecutors That Specialize in Sex Crimes?
      There are prosecuting attorneys that specialize in sex crime cases. In some larger markets, this will be a highly specialized position. In other courts, such as those in more rural or less populous areas, the prosecutor's office may only have one or two people who handle all types of cases. The particular court in which your case is tried can have a significant impact on your legal strategy.
    • What is Considered a Sex Crime in California?
      There is a long list of offenses that could meet the definition of sex crimes at the state or federal level, so it would be impossible to list every scenario exhaustively here. In California, a sex crime is very broadly defined as “any misdemeanor or felony of a sexual nature.” This means nearly any crime might conceivably be prosecuted as a sex crime if the perpetrator is harassing, vulgar, or violent in an explicitly sexual manner during the course of committing the crime. Because of this, judges have some leeway in subjectively determining the "sexuality" of any offense from case to case.
    • What Are Sex Crimes?

      Determining sex crimes is not totally subjective, nor is it left entirely up to the whims of judges. The California penal code is robust and sophisticated. While the definition of "sex crimes" itself is left rather open-ended, the Penal Code includes extremely specific legal definitions for many terms that come up regularly in the course of sex crimes cases, including:

      • Incest
      • Rape (and more specific charges such as statutory rape)
      • Consent (as specifically related to sexual activity)
      • Fondling
      • Stalking
      • Bigamy
      • Oral Copulation
      • “Crimes Against Nature”

      These definitions tend to be extremely specific and legally actionable to create solid guidelines for judges and court officials working on sex crime cases. For example, the section on "Bigamy, Incest, and the Crime against Nature" alone (as found in California Penal Code Chapter 1, Section 289) is nearly two full typed pages of bullet points. The exhaustive penal code spells out both the criteria for prosecuting such charges and the sentences associated with them.

  • LA Criminal Defense

    • What Does a Criminal Defense Lawyer Do?

      The job of a criminal defense attorney is to provide legal representation for those who face criminal charges. To do this, they are tasked with investigating the facts of a case and building a defense that can help their client. During the judicial process, they counsel their clients on the ideal course of action at different times and are authorized to speak on behalf of their clients.

    • How Do I Know If I Need a Criminal Defense Attorney?
      If you find yourself charged with a crime, whether it is a misdemeanor or a felony, you should consider seeking the help of an attorney. Not only do they serve as counsel to you and provide a defense in your case, but they can negotiate with the prosecution for a reduction or dismissal of your charges depending on the evidence and circumstances surrounding your case.
    • What Makes a Good Criminal Lawyer?

      There are many great criminal defense attorneys in the Los Angeles area, but you should look for an attorney who is experienced, qualified, recommended, honest, a great communicator, and persistent. They should also have integrity. These qualities can help to boost your confidence that your attorney is taking the needs of your case into your account and that they understand you are who is ultimately impacted by the outcome of your case.

    • What Are the Three Major Categories of Defense Attorneys?

      The three major categories of defense attorneys include assigned counsel, contract systems, and public defenders. An assigned counsel is privately assigned to defend a client. A contract attorney agrees to take on the case of a client who seeks out their services. A public defender is assigned to the defendant by the court system.

    • How Much Does a Criminal Defense Attorney Cost in California?
      The cost for an attorney in California is going to depend mostly on the circumstances of your case. The types of charges you face could entail more or less work for an attorney, and that can impact the overall costs you could incur. The average cost varies from one attorney to the next, so you should inquire about costs during your initial conversation.
  • LA Criminal Case Types

    • Violent Crimes

      Charges that are considered violent crimes range from assault to armed robbery to homicide. These types of crimes are often met with the harshest penalties that could result in a number of heavy fines or extensive prison sentences if you are convicted.

    • Drug Offenses
      While California has become less strict on many of its drug charges, there are still a number of criminal offenses you could face, both at the state and federal levels.
    • White-Collar Crimes
      Many white-collar crimes involve fraud or deception and leave the greatest impact on the victims. In these types of cases, there are often businesses or corporations involved, so charges could extend beyond just one person. When the crime is financial, not only could you and your business be held responsible for compensation and prison terms, but it could cost you personally, which lays a heavy burden on your family’s financial future.
    • Sexual Offenses
      These are often considered the most heinous of crimes causing prosecutors to more aggressively seek full convictions. Whether the crime is against an adult or a minor, convictions for these types of crimes extend beyond fines and prison terms. These crimes can follow you for a lifetime as you will likely have to register on the sex offender database. This can severely impact your ability to get employment and housing in the future.
    • Driving Under The Influence
      One of the most common offenses, these crimes extend beyond driving under the influence of alcohol. California may have a progressive leniency on drugs, but you can also face DUI charges for operating a vehicle under these influences as well. DUI charges are serious because it indicates that in addition to operating a vehicle in an unsafe manner to yourself, you also put others at risk for injury or death. DUI charges are progressive in nature, so each charge carries with it added penalties. You could encounter fines, jail, or prison time, and you could also eventually lose your privileges to operate a motor vehicle.
  • LA Types of Evidence

    • Police Reports
      These reports are often the first stop for prosecution and defense teams. These reports are supposed to be objective and leave the perspective of the officer out of it. They are supposed to report only the direct observations and facts of the complete interaction with you prior to arrest, during the scene investigation, and through processing. If the report extends beyond these parameters, is inaccurate, or is misleading in any way, then it could be challenged and create doubt in the prosecution’s case.
    • The Arresting Officer's Testimony
      his may seem redundant because the arresting officer filed the police report, so it is logical to conclude that they should be the same. However, if what the officer says does not match the police report, these inconsistencies could provide an opportunity to cast further doubt on the case against you.
    • The Testimony of a Witness
      Witnesses can be strong evidence for both the prosecution and the defense. When it comes to challenging a witness in a criminal case, their reliability is generally the focus. While the defense seeks to challenge the prosecution’s witnesses, they will try to do the same for any that are presented in your defense, such as an alibi.
    • Physical Evidence

      Physical evidence can range in type. This could be presented as fingerprints, DNA, blood tests, or physical items that attempt to link you to the crime or the location of the crime. However, physical evidence can also prove you were not present or did not commit the crime in question. Both sides will attempt to challenge the validity of physical evidence.

    • Any Available Photos or Videos
      Memory recall is a wonderful tool. Though proving the credibility or trustworthiness of a witness is significant, it is certainly hard to argue with photos or videos that corroborate one’s story. Most challenges to photos and videos will come from both sides and discuss what the picture or video doesn’t show rather than what it does. Still, these can be powerful tools.
  • LA Defending Criminal Charges

    • There is an alibi
      If you were not present in the location at the time of the crime, then an alibi is going to be the strongest defense. An alibi is a person, video, or photograph that can prove you were in a different place at the supposed time the crime occurred. Other forms of alibis include documents such as receipts. The most crucial part of this defense is being able to prove the time, so there must be ways to track the timing of your alibi.
    • It was an act of self-defense
      For some criminal charges, you may be able to prove that you needed to respond in a way that was potentially illegal because it was to protect yourself or others. This defense is strongest when you can prove another person put you or those close to you at risk for emotional or physical harm, bodily injury, or death. However, in this defense, the courts will often look to see if the act of self-defense was reasonable in terms of the threat.
    • There was a mistaken identity
      While an alibi can prove you weren’t present at the time of a crime, faulty witness statements or improper police reports could lead to mismatched details that lead law enforcement to accuse you. However, with the right evidence from your defense team, it could not only help you but also provide an opportunity for law enforcement to apprehend the right person.
    • There were improper procedures by law enforcement
      The rights that protect you throughout the criminal justice system work together with the procedures that must be followed during the course of investigations. The evidence must be free of tampering, witnesses must give their own accounts of events without influence, and the way you are questioned must be done in a particular manner. If there is a breach in these procedures that could call into question the validity of the evidence presented against you, there is a strong chance it will be inadmissible.
    • You were or are suffering from an illness
      A temporary lapse in judgment can happen to many people, but if you are affected by long-term negative mental health, it could provide a defense for your case. If you were under or suffer from mental anguish, mental illness, or in some cases, even intoxication, you could use this as a defense in your case.
    • Someone coerced you into committing the crime
      This defense requires evidence that someone else provoked or forced you into committing the crime. This is often done with the threat of violence or blackmail.
  • California Arrest Process

    • Arraignment

      Arraignment is after you have been arrested, and it’s your first time in court for the claims brought against you. During this time, you are:

      • Getting familiar with your judge and the prosecution for the first time.
      • Read your rights. This encompasses your right to an attorney, even if you cannot afford an attorney.
      • Getting familiar with what you are being charged with.
      • Determining whether to plead guilty, not guilty, or no contest.
      • Finding out if bail is possible.

      It’s important to have a trusted attorney by your side during this process.

    • Bail
      If bail is an option for you, it will be set during your arraignment. Bail is an amount of money that can be paid for your release. This is to ensure you are committed to your future court dates and are less likely to try and run away.
    • Pre-Trial Conference
      The pre-trial conference, also referred to as a “status conference,” is a meeting between you, your attorney, the prosecutor, and the judge. You might be offered a plea bargain or an agreement between you and the prosecutor that might lower your charges if you plead guilty. You want to have an attorney during this time so they can help determine if the plea bargain is fair. The case can also be dropped during this phase of the process as well.
    • Trial
      There are two choices if your case goes to trial — a jury trial or a court trial. A court trial is listened to and decided on by a judge, while a jury trial includes a jury of peers to make the decision. They must find the defendant guilty beyond a reasonable doubt to prosecute the defendant.
    • Sentencing
      Once a verdict is reached, the judge will announce the sentence. If you are found guilty, you might have to serve jail time, probation, pay fines, or do community service. If you are found not guilty, then you go free and receive no punishment.
    • Appeals
      If you are not happy with the decision or sentence, you can file an appeal. This is a request to have a higher court review your case. Not all cases are accepted to be reviewed by an appeals court. You must have new evidence or show that there was some legal error for your case to be appealable.
  • DUI Penalties

    • 1st Offense DUI – Misdemeanor
      • 48 hours to six months in county jail
      • Fines up to $1,000 plus court fees and penalty assessments
      • License suspension for four to 10 months
      • Potential interlock ignition device (IID) installation for six months
      • Informal probation for three to five years
      • Court-approved DUI education program for three or nine months
    • 2nd Offense DUI – Misdemeanor
      • 96 hours to one year in county jail
      • Fines up to $1,000 plus court fees and penalty assessments
      • License suspension for two years
      • Mandatory IID installation for one year
      • Informal probation for three to five years
      • Court-approved DUI education program for 18 or 30 months
    • 3rd Offense DUI – Misdemeanor
      • 120 days to one year in county jail
      • Fines up to $1,000 plus court fees and penalty assessments
      • License suspension for three years
      • Mandatory IID installation for two years
      • Informal probation for three to five years
      • Court-approved DUI education program for 30 months
      • Designation as a “habitual traffic offender” by the DMV
    • 4th Offense DUI – Felony
      • 16 months to three years in state prison
      • Fines up to $18,000 plus court fees and penalty assessments
      • License suspension for four years or permanent suspension
      • Mandatory IID installation for three years if eligible for restricted license
      • Court-approved DUI education program for three, 18 or 30 months
      • Designation as a “habitual traffic offender” by the DMV
    • 4th Offense DUI – Felony
      • 16 months to three years in state prison
      • Fines up to $18,000 plus court fees and penalty assessments
      • License suspension for four years or permanent suspension
      • Mandatory IID installation for three years if eligible for restricted license
      • Court-approved DUI education program for three, 18 or 30 months
      • Designation as a “habitual traffic offender” by the DMV
    • Misdemeanor DUI With Injury
      • Five days to one year in county jail
      • Fines up to $5,000 plus court fees and penalty assessments
      • License suspension for one year
      • Mandatory IID installation for six months
      • Informal probation for three to five years
      • Court-approved DUI education program for three, 18, or 30 months
      • Restitution to all injured parties
    • Felony DUI With Injury
      • 16 months to four years in state prison
      • Restitution to all injured parties
      • Fines up to $5,000 plus court fees and penalty assessments
      • License suspension for five years
      • Mandatory IID installation for up to three years
      • Court-approved DUI education program for 18 or 30 months
      • Designation as a “habitual traffic offender” for three years
      • Additional and consecutive one to six years in state prison, depending on how many people were injured and the extent of their injuries
  • Multiple DUI Convictions

    • Penalties for a 2nd DUI offense within 10 years of a 1st DUI include:
      • 90 days to 1 year in jail
      • Up to $1,000 in fines
      • Up to 2 years of having your license suspended
      • 18 to 30 months in alcohol treatment program
    • A 3rd DUI offense carries the following punishments:
      • 120 days to 1 year in jail
      • Up to $1,000 in fines
      • Up to 3 years of a suspended license
      • 18 to 30 months in alcohol treatment program
    • For a 4th DUI, the penalties include:
      • 180 days to 16 months in prison
      • Up to $1,000 in fines
      • Up to 4 years of a suspended license
      • Exaggerated assessment fees
  • Violent Crime Charges

    • Assault
      The unlawful attempt to commit a violent injury upon another person is defined as assault under California law. Any sort of application of force to try to cause injury can constitute an assault charge.
    • Battery
      Sometimes confused with assault, this crime is defined as any willful and unlawful touch that is offensive and/or harmful. You may be accused of battery for the slightest touch or aggravation, and yet this accusation can bring about serious penalties and may be charged as a felony offense if there are certain circumstances present.
    • First-Degree Murder
      You may be charged with first-degree murder if you are accused of ending someone’s life intentionally and with premeditation.
    • Homicide
      Defined as the act of killing another person, homicide is one of the most serious crimes on record. You need to fight a homicide charge under all circumstances.
    • Manslaughter
      Manslaughter is the crime of killing another person without malice aforethought. There are two types of manslaughter: voluntary or involuntary. Involuntary manslaughter takes place during the commission of an unlawful act or during the commission of a lawful act that involves a high risk of death or great bodily harm. Voluntary manslaughter applies to killings that you commit in the heat of passion or during a sudden quarrel.
    • Mayhem
      Mayhem is the crime of maliciously disfiguring or disabling another person's body. Unlike the similar offenses of assault and battery, mayhem focuses on the nature of the alleged victim's injury rather than the nature of the force that was used. It can be charged as a felony and may apply a strike to your record, depending on the judge’s discretion when ruling for a conviction.
    • Rape
      Forced sexual acts upon a victim that also causes them to suffer some sort of physical injury is considered rape. The charge can also be applied if the victim is mentally abused to the point that they involuntarily permit sexual acts.
    • Robbery
      Stealing an item from a person who is present during the theft and while using force is classified as robbery. Since robbery relies on force to commit theft, it is considered a violent crime in California.
    • Lewd acts with a minor
      Any sort of sex crime involving a child under the age of 14 can be classified as a violent crime, even when no force or threat is involved. It is a legal tactic adopted by California criminal courts to allow prosecutors to push for inordinately severe penalties against child sex offenders.
  • Anaheim Drug Crimes

    • What is the First Offense for Possession of a Controlled Substance in California?

      For the first offense of possessing a controlled substance in California, the charge has been reduced to a misdemeanor, thanks to Proposition 47. This law means you'll likely face a maximum sentence of up to one year in county jail and a fine of up to $1,000. However, the severity can still vary depending on the specific type and amount of drug possessed, with certain substances potentially enhancing the charge or adding additional penalties. Remember, this is just a general overview, and it's always best to consult with an attorney to assess your situation precisely.
  • White Collar Crimes

    • Is a White Collar Crime a Federal Offense?

      White-collar crimes can be charged as federal offenses for several reasons, primarily due to the nature of these offenses and the impact they can have on national or interstate commerce. Here are some reasons why white-collar crimes often fall under federal jurisdiction:

      • Interstate Commerce: Many white-collar crimes involve activities that cross state lines or have a substantial impact on interstate commerce. The federal government has jurisdiction over such cases because it has the authority to regulate and oversee interstate commerce.
      • National or International Scope: White-collar crimes often transcend state boundaries and may have a national or even international scope. Federal agencies, such as the Federal Bureau of Investigation (FBI) or the Securities and Exchange Commission (SEC), are better equipped to handle cases that extend beyond individual state jurisdictions.
      • Specialized Federal Agencies: Federal agencies are often specialized and have the expertise and resources to investigate and prosecute complex financial crimes. For example, the SEC deals with securities fraud, while the Internal Revenue Service (IRS) focuses on tax-related offenses.
      • Protection of Federal Programs and Institutions: Some white-collar crimes involve fraud or corruption against federal programs, agencies, or institutions. Fraudulent activities targeting government programs or funds may lead to federal charges.
      • Uniform Application of Laws: The federal legal system provides a uniform set of laws and regulations that can be applied consistently across the entire country. This helps ensure a standardized approach to prosecuting and sentencing white-collar offenders.
      • Global Financial Markets: Crimes such as securities fraud or insider trading often affect global financial markets. The federal government is better positioned to address these issues, working in coordination with international law enforcement agencies.
      • Complexity and Resources: White-collar crimes are often intricate, involving complex financial transactions, extensive paper trails, and sophisticated schemes. Federal law enforcement agencies typically have the resources, expertise, and jurisdiction to handle such intricate cases.
      • Deterrence and Public Trust: Federal prosecution of white-collar crimes is seen as a deterrent, sending a strong message that the government takes financial misconduct seriously. It helps maintain public trust in financial institutions and markets.

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If You're Facing Criminal Charges In Orange County, Los Angeles or Throughout California Call (714) 266-3945; For After-Hours, You Will Be Redirected To Her Cellphone
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