San Diego Criminal Attorneys Blog

Advice if Subjected to a DUI Stop

Published on: July 17, 2016 | by Leslie Legal Group

Within the last year in California, reports reveal that there were 882 fatalities due to drunk driving. As a result of this high number of fatalities, California strongly enforces its regulations regarding drunk driving. These consequences can follow an individual convicted of DUI around for a long time. If an individual is subject to a driving under the influence stop, there are certain pieces of advice that one needs to follow. It is recommended that the following pieces of advice be followed if an individual is subject to a driving under the influence stop:

Argue You Were Not Under the Influence. Your attorney might very likely be able to show that evidence demonstrates that you were not intoxicated at the time that you were stopped by law enforcement.

Blood Alcohol Content Defense. Because your body continues to metabolize alcohol after you drink, your blood alcohol content is not necessarily at its highest point after you’ve just finished your last drink. As a result, it may be possible to argue to law enforcement that your blood alcohol content was lower while you were driving rather than while you were operating the vehicle.

Plea Bargains Explained

Published on: July 8, 2016 | by Leslie Legal Group

Many of us believe that every criminal case ends up at trial. In reality, many cases end with a plea agreement between the defense and prosecution, which often provides a favorable outcome for the defendant. California continues to respect the boundaries of plea agreements in numerous ways. This article will explore the various laws and elements surrounding plea bargains.

Plea Bargains Explained

A plea bargain is a good option when attempting to lessen the risk involved with a trial. A plea bargain is an agreement between the defendant and the prosecution by which the defendant agrees to plead guilty or no contest to criminal charges in exchange for reduced charges, dismissed charges, or the prevention of further charges being filed. Sometimes the defense attorney will recommend an even lower plea bargain sentence. Multiple offers and counteroffers can occur before a plea sentencing arrangement is reached. Plea bargains can occur at any moment during a criminal proceeding. Plea bargains are advantageous because they allow the prosecution and the defense to avoid the uncertainty of a jury. A plea bargain may involve restitution or reparation, the condition that the defendant provide information to the prosecution, or the condition that the defendant provide truthful testimony in another criminal proceeding.

Common Fourth of July Crimes

Published on: July 1, 2016 | by Leslie Legal Group

While the Fourth of July is a time to celebrate our country’s independence, enjoy summer vacation, and watch as fireworks explode in the sky, it is also a time when many individuals take the opportunity to engage in crime. This article will look at some of the most common types of Fourth of July crimes and provide some tips for preventing these crimes from occurring.

Types of Crimes

Some of the most frequent crimes committed during the Fourth of July include the following:

Understanding Crimes Committed by Minors

Published on: June 24, 2016 | by Leslie Legal Group

Some minors have yet to gain full appreciation for the legal system. As a result, some minors this summer season will find themselves accused of crimes and in trouble with law enforcement. This article will examine some of the most common types of crimes that minors are accused of during the summer months.

The types of crimes that minors might find themselves getting into this summer include the following:

Assault and Battery: In an effort to crack down on bullying and rough-housing between minors, California law enforcement has begun to charge more minors with assault and battery. Under battery, a juvenile engages in physical contact, while for assault to exist an individual only need reasonably believe that there is the threat of real physical harm.

Signs You Have Employed the Top Criminal Defense Lawyer in California

Published on: June 10, 2016 | by Leslie Legal Group

California criminal law can seem overwhelming, and not only because there are many regulations to follow. If you have been convicted of a crime in California, you need the assistance of a seasoned and experienced criminal defense lawyer. With the assistance of an expert criminal defense lawyer, you have a better chance of facing the minimum amount of negative consequences from criminal charges. Considering that reports indicate that there are 187,610 licensed lawyers in the State of California, you might have a difficult time choosing a skilled criminal defense lawyer in the state. This article will discuss several signs that an you can look for to find a skilled criminal defense lawyer.

Experience with Similar Cases: Experience is important in finding a skilled criminal defense lawyer. The lawyer will preferably have a long and distinguished track record of defending others in similar criminal cases and reaching positive outcomes in these cases. Because the California criminal law system is quite complicated, it is important to find a lawyer who has a history of expertly handling criminal law cases and navigating the criminal law system.

Experience with the Same Judges and Prosecutors: Not only should the lawyer in question have experience in the California criminal law system, the lawyer should also have experience working with the same judges and prosecutors that are involved in the case. This way the lawyer will know how to best anticipate maneuvers by each of these parties and know the various types of presentation methods that are preferred by the judge.

Defending Against Domestic Violence Charges

Published on: June 3, 2016 | by Leslie Legal Group

Some individuals are not aware that there are differences between “battery” and “domestic battery.” Battery can be a less personal crime and does not depend on the relationship between individuals. Domestic battery, however, refers to violence that occurs between two people with a special relationship including spouses, fiancees, parent and child, family members, or cohabitants. To be convicted of domestic battery, no visible injury is required. The penalty for domestic battery is a maximum of a day less than a year in county jail and a fine of $2,000.

Because the statistics behind domestic violence are alarming, California law enforcement zealously pursues violators of domestic violence laws. Domestic violence laws in California are designed to severely punish individuals who break them. This article will provide various pieces of advice to help others who are convicted of domestic violence charges in California:

Abide by Court Orders: If the court issues “no contact” or other types of orders, it is in your best interest to follow these orders. To ensure that the least negative effects possible arise from your case, it is imperative that you adhere by these orders.

Advice for Individuals on Probation

Published on: May 27, 2016 | by Leslie Legal Group

Facing jail is an emotionally difficult experience. Knowing that probation is an option in California might put a person’s mind at ease. While many individuals elect for probation, there are many important pieces of advice that individuals on probation must remember. The following is a list of essential information regarding probation:

Build a Good Relationship With Your Probation Officer. Discuss any changes or unusual situations with your probation officer. Make sure that you are forthright and upfront about everything. The better a relationship you can manage to build with your probation officer, the easier the situation will proceed. If you slip up, your probation officer might be willing to cut you some slack rather than recommending the harshest possible penalty.

Diligently Pursue Activities. Do your best to diligently pursue the various requirements of probation and keep detailed records about all community service and job applications. If you are not particularly organized, you might want to ask a friend or family member to help you. Make sure your probation officer knows about everything.

Getting Arrested in California

Published on: May 20, 2016 | by Leslie Legal Group

Being arrested is a stressful experience. Due to the large number of individuals arrestedeach year in California, it is a wise idea to know some essential advice in case you find yourself arrested by California law enforcement. While false arrests do occur, it is always best to be prepared to handle the situation should the unfortunate circumstances arise. Due to the high pressure of the situation, many individual become scared and emotional. What follows are some essential pieces of advice to follow after being arrested in California:

Never Resist Arrest. Being arrested can trigger a wide range of emotions in individuals. If you find yourself arrested, fight all temptation to resist the arrest. Even if you are innocent, resisting arrest can result in an additional charge being brought against you. Instead, remain calm, know that everything can be taken care of at a later time.

Remember You Have the Right to Remain Silent. The Fifth Amendment provides individuals with protection against self-incrimination. As a result, individuals should remain silent during an arrest because law enforcement can and will use anything that you say against you at a later time. If you must say anything, say that you will remain silent until a lawyer is present.

Prostitution Offenses in California

Published on: May 13, 2016 | by Leslie Legal Group

For many people, a prostitution offense might be one of the last crimes of which they could imagine being accused. Despite the potential embarrassment of such charges, it is important to contact an experienced prostitution attorney in California as soon as possible if you find yourself facing allegations of prostitution or solicitation, or of agreeing to engage in either.

Valid Defenses to California Prostitution Charges

Many prostitution charges are brought after so-called sting operations, but the resulting prosecutions can be complicated. There are several valid defenses to prostitution-related charges, including that the sexual or lewd acts were consensual, that no agreement to exchange a sex act for money was ever made, and that even if an agreement was made, no acts in furtherance of the agreement actually ever took place.

Defending Against Criminal Charges When a Graduation Celebration Goes too Far

Published on: May 6, 2016 | by Leslie Legal Group

The month of May is an exciting time for many young people and their family and friends. Graduation ceremonies and celebrations, whether for high school, college, graduate, or professional school, are filled with fun, festivities, and food. After all the years of hard work to earn a degree, a little celebrating is certainly in order. Sometimes, however, the merrymaking can go too far. When this happens, alcohol is commonly involved, and criminal charges may follow. Drinking and driving, property damage, disorderly conduct, and unlawful physical altercations are among the most common occurrences this time of year.

First, in the aftermath, is the profound embarrassment – spoiling a nice celebration with a messy scene, police involvement, and criminal charges, all in front of your friends and family. It is truly a nightmare scenario – especially at the very moment you are marking as a transition from hard work and accomplishment to new successes. Ultimately, though, embarrassment will be the least of your problems. Depending on the specific criminal charges, you may face fines, community service, and even jail time – penalties that can impede or even derail your future plans. The charges will cast a shadow of your reputation, and conviction will tarnish it and potentially upend your educational or vocational aspirations. In the wake of such circumstances, and with so much at stake, you need a skilled and experienced California criminal defense attorney to protect your legal rights and mount the strongest possible defense against the state’s efforts to convict you.

Alcohol is a Common Factor in Celebration-Related Criminal Charges