Articles/Blog

Burglary, Robbery, Theft in California

Burglary, Robbery, Theft in California

Being charged with the crimes of burglary, robbery, or theft in the State of California are serious offenses. Each of these charges carries fines and the possibility of jail time. If you or someone you know is in the San Diego area and has been charged with any of the preceding charges, you need to seek the advice of a skilled criminal defense attorney to aid in preserving your freedom.   Burglary in California Burglary in the State of California is defined as when a defendant enters a property without permission and with the intent to commit a crime. A prosecutor must demonstrate that the defendant had a specific intent to commit a crime once gaining unlawful access to a domicile. If the prosecutor cannot prove that the defendant had a specific intent to commit a crime when breaking and entering a premise, this can provide some relief for the defendant. There [...]

When a Fight Becomes Assault and Battery

When a Fight Becomes Assault and Battery

Becoming engaged in a physical altercation is a risky debacle. Physical violence can happen in an instant, and at times, you may not have a choice but to become a part of such a situation. If you feel that you are threatened, you have every legal right to prevent bodily harm from coming to yourself or a loved one. However, there is a point where a fist fight can transform from a simple disagreement to a criminal offense. If you have been charged with criminal battery as the result of a fight in the San Diego area, contact an experienced criminal defense lawyer to preserve your freedom.   Legal Definition of Assault An assault is legally classified as a situation in which an individual commits an intentional act that causes another to fear that they are about to suffer physical harm. You do not have to make physical contact with another person [...]

Types of Pleas in Criminal Cases

Types of Pleas in Criminal Cases

Having criminal charges levied against you can be emotionally and financially draining. In a criminal case, the government brings to bear all of its resources to ensure that you are punished in a court of law. Conveying your innocence and protecting your rights is the job of your counsel. Despite the intimidating nature of this situation, you do have recourse. There are three primary pleas that a defendant can make to put themselves in the best possible situation when facing criminal charges. It is absolutely critical that a skilled criminal defense attorney be present when dealing with this situation.   Types of Pleas in Criminal Cases There are three primary plea types in U.S. criminal court.   Guilty: This is the complete admission of all guilt in relation to all of the charges against you. This plea formally waives all rights in relation to charges, such as the right to appeal, a [...]

What to Consider if you are involved in a Auto Accident

What to Consider if You are Involved in an Auto Accident

Experiencing an auto accident can cause serious physical damage that can be potentially long-lasting, requiring continued treatment, and impacting you and your loved ones’ futures. Serious physical injuries can put you and your family into financial jeopardy due to the high cost of continued treatment and time away from work. Behind the obvious physical impacts, there are also the psychological issues and trauma that must be dealt with following a personal injury. If you or a loved one have suffered a personal injury due to the negligence of another in the San Diego area you should seek a consultation with a qualified personal injury attorney.   Scene Assessment Auto accidents are very sudden events that put victims in a state of shock. Shock and adrenaline usually prevent victims from taking the appropriate steps necessary to be placed on the right path to recovery. The first step to take when you are involved [...]

Penalties and Defenses and Against an MIP

Penalties and Defenses and Against an MIP

A minor in possession offense can be devasting to the life of a young person and the lives of their families. Having such early exposure to the criminal justice system can create lifelong financial, social, and mental hardships. If you or someone you know is facing a minor in possession charge in the San Diego area, you need to retain the best criminal defense attorney possible. Do not be lulled into a false sense of security by the prospect of no jail time; being confronted with a minor in possession is a very serious offense that can produce consequences that carry into adulthood. Penalties for a Minor in Possession A minor in possession (MIP) is classified as anyone that is under the legal drinking age of 21 that is in possession of alcohol in a public space. For a first offense, a minor in possession of alcohol will be facing a [...]

Consequences of a Minor in Possession Charge

Consequences of a Minor in Possession Charge

Being charged with possession of an illicit substance as a minor is a frightening situation that may have life-altering effects. At the beginning of your encounter with the criminal justice system, it is important to retain effective legal counsel to minimize damage to your reputation, social life, and permanent record. Being a minor in possession of alcohol is a very serious offense will have a large impact on your adult life is the proper measures are not taken and may even affect your loved ones. If you or someone you know in the San Diego area is facing a possession charge as a minor, you need to consult a qualified criminal defense attorney to reduce the impact of these charges.   Consequences of a Minor in Possession Charge In the State of California, “minor in possession” is when a minor (anyone below the legal drinking age of 21) is in possession of [...]

A Guide to Sentencing Enhancements in California

A Guide to Sentencing Enhancements in California

Being accused and/or convicted of a crime is a very serious and life-altering experience. In the State of California, criminal offenses carry a series of protocols or enhancements that can result in a harsher punishment if proven in a court of law. Sentencing enhancements, also known as aggravating factors, allow a judge, upon the discovery of additional inculpatory evidence, to increase the length of time that a defendant spends in prison for a crime. If you have been accused or convicted of a crime in the San Diego area and are facing sentencing enhancements, you need a competent criminal defense attorney to handle your case to prevent elongated incarceration.   Types of Enhancements Weapons: If a crime is committed with the use or threatened use of a weapon, the sentencing for that crime will increase according to the appropriate sentencing guidelines. In California, for example, a firearm does not have to be [...]

15 Things You Should Do After a Car Accident

15 Things You Should Do After a Car Accident

If you are involved in a vehicle accident, it is important that you take the appropriate steps to make sure you and your loved ones receive appropriate medical treatment and compensation. An accident can be a traumatizing experience and emotions may be high, but it is critical that you maintain composure and execute a plan of action to maximize your safety, health, and case viability. If you have been involved in an accident in San Diego, you need to seek a consultation with a qualified personal injury attorney as soon as possible.   Things to do immediately Following an Accident Wellness check: Be sure that you and your passengers are unharmed and do not require any immediate medical attention. If you do, be sure to treat wounds with what is available and call 911 immediately. Check the other vehicle: Be sure to check the other driver’s vehicle and make sure that no one [...]

Defense of Sexual Offenses

Defense of Sexual Offenses

Being charged with a sexual assault or any other sex-related offense is a serious matter. Confronting a sex-based crime is an incredibly difficult process for all parties involved, it can put an immense strain on your psychological health, social relationships, and financial stability. If you have been charged with a sexual offense of any kind in the San Diego area, you must retain an experienced and qualified criminal defense attorney immediately. Though difficult in any circumstance, there are routes of defense.   Defenses to Criminal Sex Offenses Innocence: A defendant can argue that they are not guilty based on outright innocence. This is the most basic form of defense but if an alibi can be established it may be the most potent. If you have evidence that puts you in a different location or shows that you are not the suspect in question, a skilled criminal defense attorney can help you maintain [...]

California Seach and Seizure

Search and Seizure in California

The Fourth Amendment of the United States Constitution affirms your right to privacy and defends you from unlawful search and seizure by members of law enforcement. There are specific protocols that police must follow in order to search your residence, vehicle, and person; it is absolutely critical that you know your rights as a citizen. If you are in the San Diego area and have been subject to a police search and seizure, you need to call an experienced and capable criminal defense attorney immediately. Legal Requirements for the Execution of a Search and Seizure In order to execute a search warrant in the State of California, law enforcement agencies must obtain such a document through a judge of the jurisdiction where the warrant is to be executed. Police officers must provide proof of probable cause, indicating why a search warrant would be necessary. Probable cause is the reasonable belief [...]