Criminal Defense

Moving Forward After a Minor in Possession of Alcohol Charge in San Diego

Moving Forward After a Minor in Possession of Alcohol Charge in San Diego

When an individual under the age of 21-years-old is found to be in possession of an alcoholic beverage in the state of California, the charges against them can vary. While the charges may be similar in any given case, there are three common types of MIP regulations that you need to consider first in order to better understand the consequences. As with almost every criminal defense in California, most cases are not cut and dry, and understanding your legal rights after a San Diego MIP charge is essential. The Three Common Types of MIP The most straight-forward charge generally stems from Actual physical possession of an alcoholic beverage. This is blatantly defined as when a minor is found to be physically holding the drink. Besides physical possession, there is also internal possession or consumption. A minor does not have to be holding an alcoholic beverage if consumption can be proven by [...]

Falsely Accused of a Violent Crime in California

Falsely Accused of a Violent Crime in California

The majority of the population will agree that violent crimes are generally among the most unforgivable, and chances are high that no matter who is selected, all jurors will represent that population. Of course, not all cases are black and white. We understand that, for many reasons, the emotional clout associated with violent crimes often makes victims out of innocent people during the hunt for justice. If you have had a false accusation made against you in California, your only choice is to acquire the best possible California criminal defense attorney as soon as possible. How False Accusations Occur Violent crimes in California are not taken lightly, and the sometimes life-long repercussions of a conviction can be devastating. In the United States, one-third of the adult population, roughly 74 million people, have some form of an arrest on their record. Unlike any other country, criminal records are free to be viewed [...]

Criminal Defense Options Following a Domestic Violence Charge

Criminal Defense Options Following a Domestic Violence Charge

There is never a winner when it comes to violent crimes. However, there are always two sides to every story. To say that each person ever charged with domestic violence in California is unequivocally guilty is a gross exaggeration. Oftentimes, our emotions are pushed to unimaginable limits, and after being hit with a domestic violence charge, there is no substitute for knowledgeable and experienced representation. Domestic Violence in California There can often be nothing as detrimental to a family than the rippling effects of domestic violence. As the Task Force on Domestic Violence Report states, domestic violence is not only a public health epidemic, but it adversely affects children, mothers, and pregnant women. Of course, we can appreciate the seriousness of physical abuse against women and children, although we can simultaneously understand that violence comes from all sides and not every charge is substantiated. After being accused of domestic violence in California, [...]

Your Legal Options for a California Juvenile Crimes Defense

Your Legal Options for a California Juvenile Crimes Defense

It’s no secret that, as minors, we often make a lot of mistakes. While some are clearly worse than others, there is no doubt that one wrong decision can have serious legal and financial repercussions. Property crimes, graffiti, trespassing, and even violent crimes are generally among the most common, and finding the right California juvenile crimes defense attorney can greatly assist you and your loved ones in the fight to move forward. Nature of the Crime It is essential to understand your legal options when charged as a juvenile. From a crime as relatively innocuous as a minor in possession (MIP) to one as serious as a violent action that resulted in the injury of another person, the nature of the crime should be considered. Courts will most often go easier on a juvenile who honestly made a mistake as opposed to a repeat offender. However, regardless of the crime, it [...]

Understanding Vehicular Homicide Defense in California

Understanding Vehicular Homicide Defense in California

The word “homicide” carries extremely negative connotations along with it and for very good reason. As defined by law, an act of homicide occurs when one person takes another person’s life, and it is often difficult to imagine a more horrendous crime. Of course, not all homicides are committed with intent, particularly those which are caused by an intoxicated driver. The factors that go into each case can be numerous, generally requiring the knowledge of a highly skilled and qualified California criminal defense attorney. Mens Rea For a defendant to be convicted of homicide, the prosecution must be able to establish an intent to kill, or mens rea. Individuals who have accidentally killed another person while driving under the influence will typically face the lesser charge of vehicular manslaughter, granted that they have never been convicted of a DUI. Nowadays, however, once a person has a DUI or similar charge on [...]

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 [...]

Your Legal Options for a California Juvenile Crimes Defense

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 [...]

Moving Forward After a Minor in Possession of Alcohol Charge in San Diego

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 [...]