Our Criminal Defense Services

Domestic Violence

Types of Crimes:

Spousal Battery and/or Assault
Criminal Threats
Corporal Injury to a Spouse or Co-Habitant

Domestic violence is physical force, battery or bodily injury, against a spouse, co-habitant, or even a partner in a more casual relationship.

Domestic violence can be a misdemeanor or a felony; it depends on the type, degree and circumstances of the domestic violence charge. But make no mistake; domestic violence is a serious matter that law enforcement pursues aggressively. It can have severe consequences. If someone is convicted of domestic violence, it can result in jail or prison time. What's more, a domestic violence conviction can affect custody of children and prevent someone from getting a job.

There are many factors that will determine the outcome of a domestic violence case. Prior offenses or allegations pose special problems. A key factor in the outcome of a domestic violence case is seeking counsel immediately from a lawyer who knows how to get dismissals, how to negotiate reduced charges, and who knows the alternative programs that can avert incarceration.

Drug & Narcotics Crimes

Types of Crimes:

Drug Possession
Sales, Transportation or Distribution of Illicit Drugs
Drug Cultivation or Manufacturing
Prescription Drugs Illegally Acquired
Illegal Use or Sales of Marijuana
Possession of Drug Paraphernalia

When someone is charged with illegal possession, selling, transporting, distributing or manufacturing of illicit drugs such as heroin, cocaine, methamphetamine or marijuana, the legal consequences can be harsh, including prison time. Obtaining prescriptions such as Oxycodone or Valium without a prescription can also has grave penalties. If someone is facing allegations of drug charges, it is important to seek advise from an attorney, immediately.

In drug cases, it is important to establish in what manner drugs were found. Were any constitutional rights violated? Was there really probable cause? A thorough review of the circumstances must be done. This includes looking closely at the search warrants, police reports and eyewitness accounts. A complete evaluation of the informants or investigators must also be conducted. Close attention to any missteps can often form the basis for dismissals or reduced charges.

Government officials can seize any assets or personal property that they believe was acquired through illegal drug activity. Attorneys must be prepared to act swiftly to protect assets and property.

In an effort to reduce charges, sentences or fines, drug-related cases often involve plea bargains. Depending on the criminal record, it is possible to negotiate probation, drug counseling, community service, house arrest, or community jail in lieu of jail time.

DRUNK DRIVING (DUI) & OTHER DRIVING Crimes

Types of Crimes:

DUI: Driving Under the Influence of Drugs or Alcohol
Driving without a license
Driving with a suspended license
Reckless Driving or Street Racing
Hit & Run

A person arrested for a DUI is usually charged with vehicle code sections 23152(a) and 23152 (b). These codes set forth the process, procedures, measurements and consequences for driving under the influence of alcohol or drugs.

A DUI and other serious driving offenses can have severe consequences that include hefty fines, a suspended or revoked license and jail time. The goal of an attorney driving offense cases is:

  • 1) To prevent jail time and severe penalties
  • 2) To avert the loss of driving privileges
  • 3) To avoid heavy increases in insurance premiums
  • 4) In more severe cases to limit financial damages and loss of a job

DUI's have a number of complicated procedures that must be adhered to in order to prove a case, from reasonable suspicion in pulling someone over to conducting tests appropriately, correctly and with properly functioning equipment. The first line of defense is to determine whether any of these procedures were violated, as this can be a basis for dismissal of charges. All options need to be explored that can result in reduced charges. In addition, sentencing alternatives like community service and counseling must be strongly negotiated instead of jail time or fines.

An experienced and knowledgeable lawyer should be consulted immediately following a DUI or other serious driving offenses so that an attorney can build the best strategies for the best legal outcomes.

Deportation Defense & IMMIGRATION Holds

If a non-U.S. citizen has been incarcerated by a law enforcement agency (police/sheriff department), it is critical to contact an immigration attorney immediately. Every minute counts, and it can make a significant difference in the outcome of a case, which can include deportation. A person being held should not sign any papers without the presence of an attorney. Remember, non-citizens still have human and legal rights, but a skilled immigration attorney needs to be consulted to determine the best course of action when someone is facing deportation. Whether someone is part of a non-criminal roundup or being held for a criminal offense, it is possible to fight deportation and related charges.

The U.S. Immigration and Customs Enforcement, or I.C.E., is the agency responsible for immigration detention and removal. Their simple goal is to deport individuals who are undocumented. Whenever a law enforcement agency is holding someone in prison or jail who is not a citizen of the United States, I.C.E. will file an immigration hold requesting that the person - upon completion of a sentence - be turned over to I.C.E. for deportation. The law enforcement agency will often comply with the request, but I.C.E. may first conduct a review to determine if the individual is subject to removal.

In addition, I.C.E. will try to establish if an individual:

  • Is eligible to be released on bond, on own recognizance, or under specific criteria
  • Has the right to an immigration hearing
  • Can be removed from the U.S. without a hearing

A person being held by any law enforcement agency should not sign any papers without the presence of an attorney.

PROBATION VIOLATIONS & SENTENCE MODIFICATIONS

Probation is the release of an offender from jail who must demonstrate good behavior usually under the supervision of a probation officer for a period of time. When a person is given probation, he or she must adhere to specific rules as a condition of that probation sentence. If any of the rules of probation are broken during the probation period, probation can be revoked, extended or one can be sent back to jail.

It is important to know that someone can violate probation even in relatively minor ways, such as failure to report to a probation officer, not paying fines, or not completing court-ordered classes. When a violation occurs a defendant will be ordered to appear in court for a hearing. At this point a person who has violated probation needs a strong, competent lawyer that can argue for dismissal or negotiate lesser penalties.

SENTENCE MODIFICATIONS

A lot of people believe that once a sentence is imposed by a court there is nothing more that can be done; but that is not always the case. In fact, many cases can be modified or changed. An experienced attorney can successfully get jail time reduced, have probation modified, and have other restrictions lifted. The key is to show "good cause". If an Individual makes significant changes and complies with all court orders some adjustments can be requested. For instance maybe an individual went through extensive counseling, or made amends through repayments or perhaps an individual did something worthy to restore their character or standing. If a judge can determine that a person or situation has changed, modifications of the original orders can be made.

If someone wants to explore the possibilities of a sentence modification he/she should seek guidance from an attorney as soon as possible.

SEX CRIMES

Types of offenses:

Indecent exposure
Internet Sex Offenses
Rape and Attempted Rape
Sexual assault
Statutory rape

Even the mere accusation of sexual misconduct can have long-term effects on a person's life. So, if someone has been charged with a sex crime, it is imperative to seek counsel from an experienced attorney promptly.

Sex crimes are challenging. Because scientific evidence-DNA, blood, hair, saliva analysis-is so widely used to establish guilt in a sex crime, it is frequently necessary to consult with forensic experts, scientists and experts on witness testimony who can help invalidate evidence.

An important aspect of a sex crime case is the in-depth examination of actions, conduct, and of what is considered indecent or obscene. A methodical attorney will present contrasting viewpoints to interpret and explain actions or activities.

An attorney also needs to make sure that the defendant's constitutional rights, arrest and subsequent investigation were properly carried out. If not handled correctly or appropriately by law enforcement, this can assist an attorney in arguing a case on behalf of a defendant successfully.

A critical aspect of a sex crime is fighting the requirement for registration as a sexual offender. This must be handled skillfully as the long-term consequences for a defendant are severe.

THEFT CRIMES

Types of offenses:

Burglary
Check and other Forgery
Credit Card Fraud
Grand Theft Auto
Petty Theft
Receiving Stolen Property
Shoplifting

Because of the complexities in theft cases, it is vital to seek out the advice of an attorney promptly. When a person is accused of shoplifting, burglary, or credit card theft, a key factor to proving theft is eyewitness identification and testimony. The challenge for an attorney is to refute or discredit eyewitness accounts. Is there someone or something that can contradict an eyewitness? How was the witness mistaken? What did the eyewitness actually observe? An attorney must uncover every possibility to counter a witness.

In addition to eyewitness information, it is important for an attorney to look at how the arrest and evidence was handled by the police, investigators and prosecutors. Did they violate any constitutional rights in the process of arrest or investigation? Any misstep that occurs can result in a dismissal.

In order to disprove theft, a good attorney will consult with any number of specialists and obtain expert testimony from private investigators and other evidence analysts to counter or disallow evidence.

VIOLENT CRIMES

Types of offenses:

Assault with a deadly weapon
Robbery
Attempted Murder/Murder
Criminal threats
Domestic Violence
DUI with great bodily injury
Kidnapping
Residential Burglary

If someone has been accused of a violent crime, it will require the immediate attention of an attorney with first-rate legal know-how. Attention to all legal details and the use of all available legal remedies are crucial. An array of methods should be employed to uncover any and all the facts of a case that can help bolster an acquittal or reduce charges for a defendant.

A thorough defense attorney will often employ a private investigator to seek out witnesses, take pictures, procure statements, and gather any other important evidence. A subpoena of all records related to the arrest, procedures, and incarceration are also scrutinized for any evidence in mishandling a person's constitutional rights. In addition, the use of skilled, technical, and scientific specialists is frequent to counter forensic evidence used by the prosecution.

It is also important for an attorney to have good working knowledge of how crime investigations are conducted and by whom. Finally, excellent familiarity with the court personnel including judges and prosecutors can help in the preparation and planning of a trial and is essential in negotiating reduced charges.

THREE STRIKES

The California Three Strikes Law is a statute that requires state courts to hand down mandatory sentences and extended periods of prison time to individuals who have been convicted of a serious criminal offense on one or two previous occasions. This law is especially used for individuals who have been convicted of violent crimes such as sex offenses, assault with a deadly weapon, etc.

If someone is indeed charged with a potential strike of any kind, it is critical to obtain a lawyer immediately.