Criminal Defense Litigation

CRIMINAL LAW PROCESS CHART

PROCEED TO RETAIN A CRIMINAL ATTORNEY AS SOON AS POSSIBLE TO HAVE THE ATTORNEY READY TO DEFEND YOUR CASE AND PERHAPS PREVENT CHARGES FROM BEEN FILED OR HAVE THE CHARGES REDUCED.

THE DISTRICT ATTORNEY RECEIVES EVIDENCE ACQUIRED BY POLICE DEPARTMENT AND DECIDES WHETHER CRIMINAL CHARGES WILL BE FILED OR REJECTS THE EVIDENCE OR CHARGES LESSER OFFENSES BASED ON EVIDENCE OFFERED BY DEFENSE ATTORNEY. THE DISTRICT ATTORNEY MAY ALSO DIMISS THE CASE AND NOT FILE CHARGES BASED ON EVIDENCE OFFERED BY POLICE DEPARTMENT AND DEFENSE ATTORNEY,
The arraignment is the first court appearance.
A Judicial Officer informs the defendant/attorney of the following:
Alleged charges
Constitutional rights
Not Guilty - the defendant states he/she did not commit the crime. The case will be set for a future hearing.
Guilty - the defendant admits that he/she did commit the crime.
No Contest - the defendant will not contest the charge.  The plea has the same effect as a guilty plea except the conviction cannot be used against the defendant in a civil suit.
A BAIL HEARING CAN BE ARRANGED TO REDUCE BAIL AND/OR DETERMINE RELEASE OF CLIENT WHO IS IN CUSTODY, TO AWAIT FOR TRIAL NOT IN CUSTODY.
IF "NOT GUILTY" PLEA IS ENTERED AS OUR CLIENT WISHES, THE CASE GOES TO TRIAL. IF OUR CLIENT DESIRES TO PLEA GUILTY OF A LESSER OFFENSE OR THE CHARGED OFFENSE THE SENTENCING OCCURS RIGHT AWAY, BUT CAN BE NEGOTIATED WITH PROSECUTORS.

HOW WE CAN HELP YOU

  • Immediately following your arrest or charges, if you contact us, we can start investigation in your case, locate favorable defense evidence and witnesses to be interviewed who can support our client’s version of the facts. Based on what is acquired we can argue lack of intent, innocence, police misconduct such as “planting evidence”, coercion for confession, etc.
  • We can determine if the arrest or search, resulting in the charges was valid. Very often searches and arrests are invalid under the 4th Amendment and we can argue that for our client if any irregularity is found.
  • DUI: When DUI related charges are made, there are other defenses available such as the person charged was not the driver, the equipment used to determine the amount of alcohol was not working properly, the margin of error in the Blood Alcohol Content (BAC) makes the result unreliable, the source of the alcohol is such as a mouth washer, there was an unlawful arrest, etc.
  • We can assist with the negotiation of a deal with the prosecutor when charges are not totally dismissed. A simple act if considered criminal may lead to multiple charges. The prosecution must prove all elements for each charge, otherwise charges must be dropped. If charges can’t be dropped it can still be mitigated if a defense or justification for the act can be argued.

WE CAN DEFEND YOU IN CASES INVOLVING:

  • ASSAULT: defined as “An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.”, California Penal Code 240;
  • BATTERY defined as when “The defendant intentionally and unlawfully touched another person in a harmful or offensive manner AND the defendant did not act in self-defense, in defense of someone else, or while reasonably disciplining a child”, California Penal Code 242;
  • CRIMINAL COPYRIGHT AND TRADEMARK;
  • DRUG CRIMES, including Sale of Synthetic Stimulants, Possession of marijuana for personal use Health & Safety Code 11357; Cultivating Marijuana Health & Safety Code 11358; Possession of Marijuana (Intent to Sell), Health & Safety Code 11360; Sale, Gift, Transport and Import Health & Safety Code 11359; Selling Marijuana with license (dispensaries), Import Health & Safety Code 11359;
  • DUI, Vehicle Code 23152 (a) | Driving Under the Influence (DUI) ;
  • DOMESTIC VIOLENCE such as Penal Code 243(e)(1); Domestic Battery, Penal Code 273(a); Child Endangerment, Penal Code 273(d); Child Abuse, Penal Code 273.5; Corporal Injury to a Spouse or Cohabitant;
  • SEX CRIMES such as California Penal Code 243.4 Sexual Battery Penal Code 261.5 Statutory Rape, California Penal Code 288 Lewd Acts with a Child Penal Code 290 Failure to Register as a Sex Offender
  • SHOPLIFTING defined as “entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours, where the value of the property that is taken or intended to be taken does not exceed nine hundred fifty dollars ($950)”, California Penal Code 459.5 and 488 Petty Theft.
  • FALSE INPRISONMENT, defined as “The defendant intentionally and unlawfully restrained, detained or confined another person. The defendant made the person stay or go somewhere against that person’s will”, California Penal Code 210.5
  • KIDNAPPING: California Penal Code 207, 208, 209 and 209.5.
  • PROSTITUTION: including solicitation by “customer” or the “prostitute”, offering, arrangement and supervision of practice of prostitution, Penal Code 647(a) and (b).
  • EXPUNGEMENT: which allows you to reopen your criminal case, set aside the conviction and dismiss the case. As a result, your criminal record will no longer show the conviction. However, the expungement will continue to appear on your record. It is important to note that the expungement does not clear from your record the fact that you were arrested or that charges were filed.