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fficers will book you and read your miranda warnings when you are arrested they will try to interrogate you at some point if they do you ought to exercise your entitlement to remain silent they can use anything you say against you you should also consult a lawyer straight away do not discuss case facts with any person other than your lawyer how does a misdemeanor differ from a felony 4 a misdemeanor is a less severe crime than a felony felonies carry lengthy prison or jail sentences and significant fines nevertheless that does not mean you should accept a misdemeanor conviction any criminal conviction can have life altering consequences what are miranda warnings 5 if you are arrested and being interrogated about your crime the police officer should advise you of specific constitutional rights called miranda rights here is a summary of the miranda warning you have a right to remain silent you are entitled to have your defense lawyer present when we question you and if you cannot afford a lawyer the court will appoint one for you if you waive the rights and speak with us we can use anything you say against you in court do you understand your rights it is not a must the police read you the rights before your arrest the same applies if you have been arrested but have not been questioned what is bail 6 bail is the amount of money you must post with the court to secure your release until your trial bail is neither fines nor meant to punish you its purpose is to ensure you appear at all scheduled court hearings and comply with your release terms and conditions generally bail is refunded to the person who posted it once the criminal case is closed minus the administrative fee 1 what is plea bargain should i accept one a plea bargain is an agreement between the defendant and the prosecutor generally the defendant pleads guilty to a less severe crime for a reduced sentence whether you should accept a plea bargain offer depends on your case circumstances also when you accept a plea agreement you surrender your right to appeal your conviction therefore it is essential to talk with a skilled lawyer before pleading guilty or no contest your attorney can evaluate the strengths of your criminal case and the possible outcome at trial against your plea the lawyer can even negotiate a better case outcome 2 do i require a criminal defense attorney if i m innocent in a perfect world the answer to this question is no the california criminal justice system should acquit you of the charges and allow you to live a happy life regrettably we live in a far from perfect world and innocent people are jailed daily if you want to minimize the likelihood of a guilty verdict it would be prudent to engage an experienced defense lawyer even when you are innocent your lawyer will assist you in fighting the allegations by protecting your rights helping you understand the details of the charge against you and the potential penalties developing a practical legal defense strategy for your case offering sound legal guidance and advice collecting relevant proof that builds your defense representing you at court during the trial 3 what should you do after your arrest the police officers will book you and read your miranda warnings when you are arrested they will try to interrogate you at some point if they do you ought to exercise your entitlement to remain silent they can use anything you say against you you should also consult a lawyer straight away do not discuss case facts with any person other than your lawyer 4 how does a misdemeanor differ from a felony a misdemeanor is a less severe crime than a felony felonies carry lengthy prison or jail sentences and significant fines nevertheless that does not mean you should accept a misdemeanor conviction any criminal conviction can have life altering consequences 5 what are miranda warnings if you are arrested and being interrogated about your crime the police officer should advise you of specific constitutional rights called miranda rights here is a summary of the miranda warning you have a right to remain silent you are entitled to have your defense lawyer present when we question you and if you cannot afford a lawyer the court will appoint one for you if you waive the rights and speak with us we can use anything you say against you in court do you understand your rights it is not a must the police read you the rights before your arrest the same applies if you have been arrested but have not been questioned 6 what is bail bail is the amount of money you must post with the court to secure your release until your trial bail is neither fines nor meant to punish you its purpose is to ensure you appear at all scheduled court hearings and comply with your release terms and conditions generally bail is refunded to the person who posted it once the criminal case is closed minus the administrative fee if you have been arrested or under investigation then call san diego s top ranked criminal defense law firm for a free case evaluation call us now practice area service area as far as criminal law is concerned both felonies and misdemeanors require a knowledgeable and skilled defense lawyer by your side to ensure your constitutional rights are protected from probable cause to the arrest and the formal charges to the trial at san diego criminal attorney our experienced criminal defense attorneys represent defendants facing the following charges assault and battery while commonly interchanged battery and assault are two different crimes california law defines assault as an illegal attempt coupled with the ability to inflict an injury on somebody else on the other hand battery is the deliberate application of force to another person in other words assault is attempted violence while battery is the violence itself the penalties are harsh whether you are charged with a felony or a misdemeanor for instance if convicted with simple battery or assault you will pay fines perform community service and spend six months in jail the penalties can also be increased if aggravating factors like the use of weapons and crime against a peace officer exist the criminal penalties and collateral consequences of assault and battery can be detrimental only a skilled lawyer can advise you of your rights and defend your name and reputation if charged with battery or assault at san diego criminal attorney we do not presume guilt we recognize that there are two sides to the story we can review your case facts and identify gaps and errors in the prosecutor s investigation to assist you in avoiding conviction we are dedicated to ensuring our clients obtain the most favorable case outcomes we invite you to contact us today at 619 880 5474 to discuss the case facts domestic violence defense lawyer police and prosecutors take domestic violence allegations seriously generally when the police find domestic violence evidence on the crime scene they arrest the individual they believe is accountable however the law enforcer can make mistakes when responding to the situation identify the wrong individual as the perpetrator and often overreact once you are detained you risk facing severe charges even when the victim drops the charges the prosecution can still proceed with the case if you have been charged with domestic violence you should promptly reach the san diego criminal attorney legal team to discuss and review the case circumstances our accomplished lawyers recognize the essence of thoroughly exploring different legal defenses since dv in san diego carries severe penalties and consequences including restraining orders restitution fines and serving time a common defense in california dv is self defense if you were not the initial aggressor we could help you prove that the force you applied was reasonable to defend yourself under the case facts we can also help defendants argue that the alleged victim consented to the behavior moreover dv allegations stem from false accusations the accuser can be attempting to gain an advantage in a family law issue like a child support dispute or seeking vengeance against the defendant if we can show the victim s allegations are not credible you can beat the criminal charges the right driving crimes defense in place if charged with a driving crime the stakes are high a conviction can lead to incarceration huge fines increased auto insurance rates and potential loss of livelihood you should seek legal representation and we can assist you in addressing the violation effectively at san diego criminal attorney we have successfully assisted driving crimes defendants have their charges reduced to less severe crimes or even dismissed our previous clients include residents of san diego guests on vacation juveniles and college students some of the cases we handle include driving under the influence of alcohol or drugs vehicular manslaughter driving with an invalid driver s license driving with a suspended driver s license hit and run crime evading a police officer reckless driving many of our clients do not have a previous conviction they neither understand the california criminal justice system nor the potential consequences they have a fear of the unknown and rely on our guidance when you speak with the defense lawyers during your no obligation initial consultation we will analyze the case and look for matters that can help you obtain lesser charges a not guilty verdict or even case dismissal depending on your case facts we are knowledgeable and meticulous in our defense approach drawing on many years of combined experience to ensure you achieve the most favorable case outcome to the highest degree of our capability we will ensure you understand the available options allowing you to make informed decisions about your defense drug crimes under the california uniform controlled substances act controlled substances are classified into five classes controlled substances and drugs with a higher abuse rate and more potential for physical and psychological dependence are deemed most dangerous and carry severe penalties drug offenses penalties you face depend on factors like the drug involved quantity your intent possession sale manufacturing cultivation trafficking distribution and possession with intent to distribute or sell your criminal record while most simple possession crimes are misdemeanors they can still lead to penalties like probations fines and serving time therefore if you have been charged with a drug related crime you should immediately contact a lawyer san diego criminal attorney is an aggressive law firm experienced in representing clients facing drug charges we know that you can win a drug case by challenging illegal search and seizure by filing a motion to suppress evidence thorough cross examination of law enforcers conduct exposes lies at motion hearings and trials it also exposes weaknesses in critical elements of the charge our legal team will leave no stone unturned to ensure your rights are not violated and that you have a viable legal defense to avoid a conviction fraud crimes you violate fraud law anytime you engage in conduct that leads to an undeserved or unfair gain for yourself and results in loss or harm to somebody else in other words the desire to escape criminal culpability and financial gain drives fraudulent actions there is a significant number of fraudulent behaviors that california laws penalize including insurance fraud laws real estate and mortgage laws forgery identity theft fraud crime involving the elderly check fraud securities fraud most fraud criminal activities are wobblers the prosecutor can charge the crime as a felony or misdemeanor depending on your criminal record and case facts additionally most fraud crimes are federal offenses you can be charged with the crime in state and federal courts resulting in increased criminal penalties other penalties of a fraud crime include deportation the crime is a crime of moral turpitude professional license revocation or suspension the government will seize the money or property involved in the fraudulent conduct luckily there are several legal defenses that the skilled lawyers at san diego criminal attorney can present on your behalf common defenses include the following you did not have fraudulent intent you deserve a case acquittal based on entrapment mistaken identity gun offenses each gun offense is complex whether a state or federal crime they carry severe consequences including heavy fines and sentences typically firearm charges can stem from confusion gun laws are not always clear and carrying a firearm into an airport educational facility or courthouse by mistake can lead to severe charges consequently you will need a lawyer familiar with california firearm laws a skilled firearm defense lawyer can look at your case facts analyze your charges and develop defenses in your best interests the competent team of lawyers at san diego criminal attorney can assist you with the defense conduct discovery help you understand your allegations and fight for your freedom when even a conviction is inevitable your lawyer can assist in your sentencing phrase your lawyer can effectively argue for less severe charges time is of the essence when it comes to criminal charges contacting your lawyer immediately after your arrest is essential to your criminal case s success the more time your lawyer has to work on your case the more favorable your case outcome will be juvenile delinquency in california children below 18 years are not charged with crimes including those deemed to be misdemeanors or felonies instead children who violated the law are charged with juvenile delinquency heard in juvenile court a delinquent child refers to a minor who committed a crime and requires rehabilitation or treatment that can include your child leaving your home and going into the custody of the division of juvenile justice depending on your child s age and the crime committed the juvenile court can transfer the criminal case to a criminal court and have the minor treated and tried like an adult some of the factors the judge considers include the minor s delinquency history nature of previous services or treatment offered to the juvenile whether the crime was premeditated or aggressive whether there was gang involvement in the crime the child s possible rehabilitation we all want the best for our children and it can be terrifying when your child is arrested for a crime you want to know what will occur to them will they have a permanent criminal record juvenile delinquency can have severe consequences on your child s future and you should take the matter seriously when you hire our respected defense lawyer the first step we will take is conducting an in depth review of the police conduct during the juvenile s arrest the analysis is vital because if evidence exists that the police violated your child s right it can serve as a basis for getting the charge dismissed or nego...
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