Blog on Sevens Legal Criminal Lawyershttps://www.sevenslegal.com/blog/Sevens Legal Criminal Lawyers Blogen-usSevens Legal Criminal Lawyers. All Rights ReservedFri, 05 Dec 2014 05:02:45 +0000What Information Can Police Get From Your Phone?https://www.sevenslegal.com/criminal-attorney/what-information-can-police-get-from-your-phone/Tue, 05 Mar 2024 16:12:20 -0800https://www.sevenslegal.com/criminal-attorney/what-information-can-police-get-from-your-phone/The task of bailing someone out of jail can be made more manageable with the right information. Call our San Diego criminal lawyers now for help with bail.In today’s digital age, our smartphones have become an extension of ourselves. We rely on them for communication, information, and entertainment. But what happens when law enforcement gains access to your phone? Can they retrieve your personal data and invade your privacy? In this article, we will explore the concept of cell phone surveillance and discover what information police can uncover about you from your phone. If you find yourself in need of legal assistance or have concerns about cell phone surveillance, reach out to our San Diego criminal lawyers for a free consultation at (619) 430-2355.

What Information Can Police Get From Your Phone?

Key Takeaways

Cell phone surveillance involves the monitoring and collection of data from a mobile device.

Law enforcement agencies have various tools and techniques at their disposal to gather information from your phone, including location data, internet browsing history, call and text records, and more.

It is important to understand the potential implications of cell phone surveillance and the information that law enforcement can retrieve from your phone.

If you have concerns about your rights or need legal assistance, consult with a qualified criminal lawyer to understand your options and protect your interests.

How Does Cell Phone Surveillance Work?

Cell phone surveillance involves the monitoring and collection of data from a mobile device. Law enforcement agencies have various tools and techniques at their disposal to gather information from your phone. The following details the type of data law enforcement can access using cell phone surveillance and what this information may reveal about you.

1. Location Data

One of the most sensitive pieces of information that can be obtained from your phone is your location data. Through GPS tracking, law enforcement can pinpoint your whereabouts at any given time.

GPS Tracking

GPS tracking allows law enforcement to track the movements of a person by accessing the location data stored on their phone. This information can provide valuable evidence in criminal investigations. However, it also raises questions about the extent to which law enforcement should be able to track individuals without a warrant.

Implications for Privacy

The collection of location data raises significant privacy concerns. The constant tracking of individuals’ movements can interfere with personal freedom and potentially be used for surveillance purposes beyond the scope of criminal investigations.

2. Browsing History

Your browsing history contains a wealth of information about your online activities and interests. Law enforcement can gain access to this data during investigations, potentially revealing sensitive details about your life.

Internet Activity Monitoring

Law enforcement agencies can monitor your internet activity by obtaining access to your browsing history. This includes websites visited, searches made, and even the content you interact with. This information can be used to build a profile of your online behavior and potentially tie you to certain activities or associations.

Privacy Concerns

The monitoring of internet activity raises significant privacy concerns. It is crucial to consider the implications of law enforcement gaining access to your browsing history.

3. Call and Text Records

Your call and text records can provide valuable insights into your communications and connections. Law enforcement can access this information to gather evidence or establish patterns of behavior to aid in a criminal investigation.

Communication Surveillance

Law enforcement can obtain your call and text records from your service provider, revealing who you have communicated with and when. This data can be used to establish connections between individuals, track the flow of information, and build a case against a suspect.

While law enforcement can access call and text records, there are legal protections in place to ensure the proper handling of this information. The Fourth Amendment of the United States Constitution protects individuals from unreasonable searches and seizures. This includes the requirement for law enforcement to obtain a warrant based on probable cause before accessing certain types of data.

4. Social Media Activity

Social media platforms have become a central part of our lives, allowing us to connect with others and share personal information. However, this information is not immune to law enforcement scrutiny.

Social Media Monitoring

Law enforcement agencies can monitor social media activity to gather intelligence and evidence. This includes tracking posts, messages, comments, and other interactions on platforms such as Facebook, Twitter, and Instagram. Your social media presence can provide valuable insights into your activities, associations, and state of mind.

Privacy Safeguards

While social media monitoring can be a powerful tool for law enforcement, it is essential to strike a balance between investigative needs and individual privacy rights. The extent to which law enforcement can access social media data without a warrant is a subject of ongoing legal debate. It is crucial to stay informed about your privacy settings and be mindful of the information you share online.

5. Emails and Documents

The emails and documents stored on your phone can contain a wealth of personal information. Law enforcement can gain access to this data during investigations, potentially revealing sensitive details about your personal and professional life.

Email Surveillance

Law enforcement agencies can obtain access to your emails, both sent and received, as well as any attachments. This information can be used to establish communication patterns, gather evidence, or build a case against a suspect. It is important to be aware of the level of privacy afforded to your emails and take necessary precautions to protect sensitive information.

Privacy Rights

While law enforcement can access your emails and documents under certain circumstances, there are legal protections in place to safeguard your privacy. The Fourth Amendment and other applicable laws require law enforcement to obtain a warrant based on probable cause before accessing certain types of electronic communications.

6. Photos and Videos

The photos and videos stored on your phone can capture valuable evidence or personal memories. However, they can also be subject to scrutiny by law enforcement.

Media Content Surveillance

Law enforcement agencies can access and analyze the photos and videos stored on your phone. This can be done to gather evidence, identify individuals or locations, or establish a timeline of events. It is important to be mindful of the content you capture and store on your device.

Privacy Challenges

The collection and analysis of media content present privacy challenges. The potential for abuse and unauthorized access to personal photos and videos is a significant concern. It is crucial to be aware of your rights and take steps to protect your sensitive media content.

7. App Data and Usage

The apps on your phone can reveal a great deal of information about your interests, habits, and even your health. Law enforcement can gain access to this data, potentially providing insights into your personal life.

App Tracking

Law enforcement agencies can track the apps you use and gather data on your interactions within those apps. This can include information such as your location, contacts, messages, and even biometric data. The extent to which this data can be accessed without a warrant is a subject of ongoing legal debate.

Privacy Preservation

While app data can be a valuable source of information for law enforcement, it is important to consider the privacy implications. The collection of app data raises concerns about the potential for abuse and unauthorized access.

Free San Diego Criminal Defense Consultation

If you find yourself in a situation where you require legal assistance regarding cell phone surveillance or any other criminal defense matter, the experienced team at Sevens Legal is here to help. Our dedicated criminal defense attorneys in San Diego have the knowledge and expertise to guide you through the legal process and protect your rights.

How to Contact Our Criminal Defense Attorneys

It is important to understand the potential implications of cell phone surveillance and the information that law enforcement can retrieve from your phone. If you have concerns about your rights or need legal assistance, consult with a qualified criminal lawyer to understand your options and protect your interests. To schedule a free consultation with the criminal defense team at Sevens Legal, contact our firm at (619) 430-2355. Our skilled attorneys are ready to provide you with the personalized legal representation you need.

FAQs About Cell Phone Surveillance

Can law enforcement see what you do on your phone?

Law enforcement can potentially see various aspects of your phone activity, including your location, browsing history, call and text records, social media activity, emails and documents, photos and videos, and app data. The extent to which they can access this information depends on legal requirements, such as obtaining a warrant or demonstrating exigent circumstances.

What can cops see on your phone?

Cops can potentially see a wide range of information on your phone, including your location history, internet browsing activity, call and text records, social media posts and messages, email communications, photos and videos, and app usage data. However, the specific information they can access may vary depending on legal requirements and the nature of the investigation.

Cell phone tracking is subject to legal restrictions and requirements. Law enforcement generally needs a warrant based on probable cause to track a person’s cell phone location. However, there are exceptions, such as exigent circumstances, where immediate action is necessary to prevent harm or the destruction of evidence.

What is illegal surveillance?

Illegal surveillance refers to the monitoring or collection of information without proper legal authorization or justification. This can include unauthorized access to someone’s phone, interception of communications, or tracking someone’s location without a warrant or legal basis.

What information can police get from your phone number?

Police can potentially obtain various information from your phone number, such as call and text records, location data, and even access to your phone if it is seized during an investigation. The specific information they can retrieve may depend on legal requirements and the nature of the investigation.

How does law enforcement extract data from phones?

Law enforcement can extract data from phones using various techniques and tools, including forensic software and hardware. These tools can bypass security measures, retrieve deleted data, and access information stored on the device. It is important to note that the legality and scope of data extraction may vary depending on the jurisdiction and specific circumstances.

Can police monitor your phone remotely?

In certain circumstances, law enforcement may have the capability to monitor a phone remotely. This can involve the installation of surveillance software or the activation of built-in tracking features. However, the legality and authorization for remote monitoring may vary depending on the jurisdiction and the specific circumstances of the investigation.

How do I know if I’m under surveillance?

Detecting surveillance can be challenging, as law enforcement may employ sophisticated methods to remain undetected. However, there may be signs that you are under surveillance, such as unexplained phone battery drain, unusual behavior of your device, or suspicious individuals or vehicles in your vicinity. If you suspect you are under surveillance, it is important to consult with a legal professional for guidance.

How do I know if my phone is being monitored by police?

Determining if your phone is being monitored by police can be difficult, as it generally requires specialized knowledge and equipment. However, there may be indicators of surveillance, such as unexpected battery drain, unusual phone behavior, or unexplained data usage. If you suspect your phone is being monitored, it is important to seek legal advice.

Can police see your Google searches?

Law enforcement may be able to access your Google searches under certain circumstances, such as with a search warrant or with your consent. However, the specific requirements and limitations for accessing search history may vary depending on legal jurisdiction and the nature of the investigation.

Can police see your deleted search history?

In some cases, law enforcement may be able to recover deleted search history from a device by using forensic tools. However, the legality and scope of accessing deleted data may depend on the jurisdiction and the specific circumstances of the case.

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How Can I Defend Myself Against False Domestic Violence Charges?https://www.sevenslegal.com/criminal-attorney/how-can-i-defend-myself-against-false-domestic-violence-charges/Mon, 04 Mar 2024 05:12:20 -0800https://www.sevenslegal.com/criminal-attorney/how-can-i-defend-myself-against-false-domestic-violence-charges/If you have been falsely accused of domestic violence, it is crucial to know your rights and understand how to defend yourself. Call our firm now for help.If you have been falsely accused of domestic violence in San Diego, it is crucial to know your rights and understand how to defend yourself effectively. False allegations of domestic violence can have severe, long-lasting consequences, impacting your personal and professional life. In this article, we will explore some important aspects of defending yourself against false domestic violence charges, including the potential penalties you could face for domestic violence, possible defense strategies, and the significance of working with an experienced domestic violence attorney. If you have been falsely accused of domestic violence in San Diego, contact Sevens Legal at (619) 430-2355 right away to set up a free legal consultation.

Key Takeaways

Domestic violence refers to physical, emotional, sexual, or financial abuse or threats of abuse against an intimate partner or family member.

In California, an intimate partner can include a spouse, former spouse, cohabitant, or former cohabitant, romantic partner, or the parent of a shared child.

False allegations of domestic violence can lead to criminal charges against the accused, even if there is no physical evidence of abuse.

The penalties associated with domestic violence underscore the critical importance of mounting a strong legal defense when facing such charges.

If you have been falsely accused of domestic violence in San Diego, it is crucial to know your rights and understand how to defend yourself effectively.

How Can I Defend Myself Against False Domestic Violence Charges?

What Constitutes Domestic Violence?

Domestic violence refers to physical, emotional, sexual, or financial abuse or threats of abuse against an intimate partner or family member. In California, an intimate partner can include a spouse, former spouse, cohabitant, or former cohabitant, romantic partner, or the parent of a shared child. It is essential to note that domestic violence can occur in various relationships, regardless of gender or sexual orientation.

California Domestic Violence Laws

Understanding the laws that pertain to domestic violence in California is crucial when defending yourself against false accusations. California has specific statutes and penalties for domestic violence offenses.

California Penal Code Section 243(e)(1)

Under California Penal Code Section 243(e)(1), domestic battery is defined as willfully using force or violence against an intimate partner. If convicted, domestic battery is typically charged as a misdemeanor.

California Penal Code Section 273.5

In cases where there is physical injury involved, corporal injury to a spouse or intimate partner can be charged under California Penal Code Section 273.5. This offense can be classified as either a misdemeanor or a felony, depending on the severity of the injuries and the defendant’s criminal history.

The unfortunate truth is that false allegations of domestic violence can lead to criminal charges against the accused, even if there is no physical evidence of abuse. It is crucial to be aware of the laws in California and seek legal guidance to navigate through the complexities of the legal system.

Domestic Violence vs Self Defense

In some cases, individuals may find themselves falsely accused of domestic violence after acting in self-defense. Self-defense is a legal concept that allows individuals to protect themselves from harm when they reasonably believe they are in immediate danger. If you were falsely accused of domestic violence, but your actions were in self-defense, it is crucial to gather evidence and present your case to the court.

Impact of False Domestic Violence Accusations

Being falsely accused of domestic violence can have significant and long-lasting consequences. The accusation alone can tarnish your reputation, strain personal relationships, and impact your professional life. The following are some potential impacts of false domestic violence accusations:

Loss of Employment: False accusations can lead to termination or difficulties in securing employment, especially if your job requires trust or involves working with vulnerable populations.

Criminal Record: A domestic violence conviction, even if it is based on false allegations, can result in a permanent criminal record. This record can have far-reaching consequences, affecting future employment opportunities, housing, and professional licenses.

Child Custody and Visitation: False domestic violence accusations can significantly impact child custody and visitation rights. Courts prioritize the safety and well-being of children, and if there are concerns about domestic violence, it can affect custody arrangements.

Jail Time and Penalties: If convicted of domestic violence, even falsely, you may face jail time, fines, probation, mandatory counseling programs, and other penalties outlined by California law.

Damage to Reputation: False accusations can damage your personal and professional reputation, causing emotional distress and strain on personal relationships.

Penalties for Domestic Violence in San Diego

Under California Penal Code Section 243(e)(1), a conviction can lead to penalties including up to one year in county jail, fines of up to $2,000, domestic violence classes, and probation. California Penal Code Section 273.5 is a more serious offense, as it means the victim suffered some form of physical injury. Corporal injury to a spouse or intimate partner is a wobbler that can be charged as a misdemeanor or a felony, and a conviction can result in imprisonment for up to four years. These penalties underscore the critical importance of mounting a strong legal defense when facing such charges.

Can You Go to Jail if Someone Falsely Accuses You?

Yes, it is possible to go to jail if someone falsely accuses you of domestic violence. False allegations can lead to criminal charges, arrests, and potential convictions. However, it is crucial to remember that you have the right to defend yourself and present evidence to prove your innocence.

Ways to Fight Domestic Violence Charges

When facing false domestic violence charges in San Diego, there are several strategies you can employ to fight the allegations. It is important to consult with a San Diego domestic violence attorney who can guide you through the legal process and develop a strong defense strategy tailored to your specific case.

How Do You Respond to False Allegations?

When faced with false allegations of domestic violence, it is crucial to respond carefully and strategically. Here are some steps to consider:

Consult with an Attorney: Seek legal representation as soon as possible. An experienced domestic violence lawyer can guide you through the legal process, protect your rights, and develop an effective defense strategy.

Maintain Composure: It is essential to remain calm and composed throughout the legal proceedings. Avoid confrontations or engaging with the accuser, as this can be used against you in court.

Follow Legal Advice: Listen to your attorney’s advice and follow their guidance. They have the knowledge and experience to navigate the legal system effectively and protect your best interests.

Document Everything: Keep a thorough record of all interactions, conversations, and incidents related to the false allegations. This documentation can serve as evidence and help build your defense.

Refrain from Discussing the Case: Avoid discussing the case with anyone other than your lawyer. Anything you say or post on social media can be used against you, so it is important to maintain discretion.

How Do You Prove Your Innocence When Falsely Accused?

Proving your innocence when falsely accused of domestic violence can be challenging but not impossible. To demonstrate your innocence effectively, you and your lawyer will work together to: collect any evidence that supports your version of events; identify any witnesses who can testify to your character, relationship dynamics, or the events in question; secure expert testimony, if applicable; investigate the accuser’s credibility, looking for inconsistencies, motives, or ulterior motives; and develop a strong defense strategy that effectively presents your innocence to the court.

Effective Defense Strategies in Domestic Violence Cases

When defending against false domestic violence accusations, there are several defense strategies that can be employed based on the specific circumstances of your case. Here are some possible defenses against domestic violence charges:

Mistaken Identity: If there is a possibility of mistaken identity, your criminal attorney can present evidence to demonstrate that you were not present during the alleged incident or that someone else was responsible for the actions in question.

False Accusations: Challenging the credibility of the accuser is a common defense strategy. Your lawyer will thoroughly investigate the motives and potential ulterior motives behind the false allegations and present evidence to the court.

Lack of Evidence: If the prosecution lacks sufficient evidence to support the allegations, your lawyer can challenge the validity of the case. This can include questioning the reliability of witness testimony, the admissibility of evidence, or procedural errors.

Self-Defense: If you acted in self-defense, your attorney can present evidence and expert testimony to support your claim. This can include demonstrating a reasonable belief that you were in immediate danger and that your actions were necessary to protect yourself.

Impeaching Witness Testimony: Your lawyer can cross-examine witnesses and challenge their credibility or inconsistencies in their statements. This can weaken the prosecution’s case and cast doubt on the accuser’s allegations.

Working with an Experienced Domestic Violence Attorney

Navigating the complexities of a domestic violence case, especially when facing false allegations, can be overwhelming. Working with an experienced domestic violence lawyer is crucial to ensure your rights are protected and to develop a strong defense strategy. An attorney skilled in domestic violence cases will have the knowledge, resources, and expertise to advocate for your innocence effectively.

What Does a Domestic Violence Lawyer Do?

A domestic violence lawyer has experience handling cases related to domestic violence allegations. They provide legal representation, guidance, and support throughout the legal process. Some specific responsibilities of a domestic violence lawyer include case assessment, legal counsel, investigation, negotiations, and representation in court.

Coping with the Aftermath of False Allegations

Dealing with false allegations of domestic violence can be emotionally and mentally challenging. It is important to prioritize your well-being and seek support during this difficult time. That may mean reaching out to friends, family, or specialized groups that can provide emotional support, attending therapy or counseling, engaging in self-care activities that promote your mental well-being, and maintaining a supportive network of individuals who believe in your innocence.

Free San Diego Domestic Violence Consultation

If you are facing false domestic violence allegations in San Diego, it is crucial to seek immediate legal assistance. The consequences of false accusations are severe, and it is essential to have an experienced domestic violence attorney on your side. At Sevens Legal, we offer a free legal consultation to discuss your case and provide guidance.

How to Contact Our Criminal Defense Attorneys

If you need legal representation for a domestic violence case or have questions about defending yourself against false allegations, our criminal defense team at Sevens Legal is here to help. You can contact us by phone at (619) 430-2355 for more information and to schedule a free consultation. Our experienced lawyers are dedicated to protecting your rights and providing aggressive defense strategies. Don’t face false domestic violence allegations alone; contact us today for reliable legal guidance.

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7 Legal Consequences of Making Statements on Social Mediahttps://www.sevenslegal.com/criminal-attorney/7-legal-consequences-of-making-statements-on-social-media/Thu, 22 Feb 2024 16:12:20 -0800https://www.sevenslegal.com/criminal-attorney/7-legal-consequences-of-making-statements-on-social-media/When charged with a crime, your social media can be used as evidence against you in court. Call our criminal attorneys now to protect your defense.In today’s digital age, social media has become an integral part of our lives. It allows us to communicate, share experiences, and stay connected with the world. However, when facing criminal charges, it’s crucial to understand the legal consequences of making statements on social media. Law enforcement and prosecutors can use your posts, photos, videos, and comments on social media as evidence against you in court, which can jeopardize your reputation, your credibility, and even the outcome of your case.

In this article, we will explore the admissibility of social media posts as legal evidence, the role of social media in court cases, and seven little-known legal consequences of making statements on social media. If you have been charged with a crime in San Diego and you need experienced legal assistance, contact our criminal defense lawyers at (619) 430-2355 today for a free consultation.

Key Takeaways

When facing criminal charges, it is crucial to understand the legal consequences of making statements on social media.

Law enforcement and prosecutors can use your posts, photos, and comments on social media as evidence against you in court, which can jeopardize your reputation, your credibility, and even the outcome of your case.

Social media statements can be used as evidence in court if they are deemed authentic and relevant to the case. Prosecutors and law enforcement may present social media posts, messages, photos, or videos as evidence to support their arguments.

It is best to consult with your criminal lawyer before making any public statements or discussing the details of your case on social media.

7 Legal Consequences of Making Statements on Social Media

When it comes to using social media posts as evidence in court, the admissibility of such posts depends on several factors. The authenticity of the posts is crucial, and the court will require proof that the posts are genuine and not manipulated. Additionally, the relevance of the posts to the case is evaluated to determine their admissibility. If the posts contain information that is pertinent to the case and can help establish facts or prove a point, they may be admitted as evidence.

The Role of Social Media in Court Cases

Social media plays a significant role in court cases, particularly in criminal defense. Law enforcement and prosecutors actively monitor social media platforms to gather information about individuals involved in criminal activities or relevant witnesses. They may search for posts, messages, images, and videos that can serve as evidence. Social media can provide valuable insights into a person’s behavior, whereabouts, and connections, which can be used to build a case against them.

2. Reputation Damage Caused by Social Media Statements

Making statements on social media about a criminal case can have severe consequences for your reputation. Anything you post or share can be seen by a wide audience, including law enforcement, prosecutors, and potential jurors. Even if your posts are intended for a limited audience, there is always a risk of them being shared or accessed by others. Negative or incriminating statements can harm your reputation and create a negative perception of you in the eyes of the court and the public.

Tips for Protecting Your Reputation in Court Cases

To protect your reputation during a criminal case, it is advisable to refrain from posting or discussing the details of your case on social media. Avoid making any statements, comments, or posts that could be interpreted as incriminating or damaging to your defense. It is also important to be mindful of the content you share and the people you interact with on social media, as your connections and associations can be scrutinized by law enforcement and prosecutors.

3. Generation of False Assumptions Based on Social Media

Social media can lead to the generation of false assumptions about a person’s guilt or innocence. People often make judgments based on limited information or biased viewpoints. If information about a criminal case is shared on social media, it can quickly spread and influence public opinion. This can create a prejudiced environment that makes it challenging to ensure a fair trial and unbiased judgment.

Strategies for Avoiding False Assumptions

To avoid the formation of false assumptions based on your social media presence, it is crucial to be cautious about the information you consume and share online and its potential interpretation. You should refrain from discussing your case or any legal matter on social media, as these comments can easily be misconstrued. It is not uncommon for social media posts to be taken out of context, and this can lead others to form false assumptions about you and your character.

4. Prejudice in Court Stemming from Social Media Activity

Social media activity can lead to prejudice in court proceedings. Jurors who have been exposed to information or discussions about a case on social media may develop preconceived notions or biases that can influence their judgment. It is essential for jurors to remain impartial and base their decisions solely on the evidence presented in court. However, social media exposure can make it challenging to maintain a fair and unbiased perspective.

How Bias Can Impact the Outcome of Your Case

Bias, whether conscious or unconscious, can have a significant impact on the outcome of a case. If jurors or other individuals involved in the legal process have formed biased opinions based on social media activity, it can affect their interpretation of the evidence and their decision-making process. All parties involved in a criminal case must recognize and address any biases that may arise from social media exposure.

5. Privacy Risks Associated with Social Media Statements

Sharing personal information and making statements on social media comes with inherent privacy risks. Even if your social media accounts have privacy settings, there is always a possibility of your posts being shared or accessed by others without your knowledge or consent. Law enforcement and prosecutors may request access to your social media accounts through warrants or subpoenas, potentially compromising your privacy and the confidentiality of your personal information.

Safeguarding Your Privacy on Social Media

To safeguard your privacy on social media, it is important to review and adjust your privacy settings regularly. Limit the visibility of your posts, photos, and personal information to trusted friends and family. Be cautious about accepting friend requests or connections from unknown individuals. Avoid sharing sensitive or potentially incriminating information on social media. Consider refraining from using social media altogether during a criminal case to minimize the risks associated with privacy breaches.

6. Credibility Damage Arising from Social Media Posts

Social media posts can damage your credibility in a criminal defense case. Prosecutors may use your posts to challenge your credibility, question your character, or contradict your statements. Any posts that are perceived as incriminating, contradictory, or inconsistent with your legal position can be used against you in court. It is crucial to be mindful of the content you post and how it may be interpreted by others, including law enforcement and prosecutors.

Maintaining Credibility in Your Criminal Defense Case

To maintain credibility in your criminal defense case, it is essential to be cautious about what you post or share on social media. Avoid discussing your case, making statements about the alleged crime, or engaging in conversations that could be misconstrued. Follow the advice of your criminal defense attorney regarding social media usage and refrain from posting anything that could be used against you in court. It is also important to be honest and consistent in your interactions with law enforcement, attorneys, and the court.

7. Impact of Social Media Statements on Plea Negotiations

Social media statements can significantly impact plea negotiations in a criminal case. Prosecutors may use your posts as leverage to push for a less favorable plea deal. If your social media activity contradicts your defense strategy or undermines your credibility, it can weaken your bargaining position. It is crucial to be mindful of the potential consequences of your social media statements during plea negotiations.

Mitigating the Impact of Social Media on Plea Bargaining

To mitigate the impact of social media on plea bargaining, it is advisable to work closely with your attorney. Your attorney can provide guidance on what to post or avoid on social media to protect your interests. They can also negotiate on your behalf, taking into account the potential impact of your social media activity on the plea deal. It is important to maintain open and honest communication with your criminal lawyer throughout the process.

FAQs About Making Statements on Social Media

Can I Post About My Case on Social Media?

It is generally not advisable to post about your case on social media. Anything you say or share can be used against you in court. It is best to discuss your case only with your attorney and avoid making any public statements that could compromise your defense.

Are Social Media Posts Admissible in Court?

Social media posts can be admissible in court if they meet the criteria for admissibility, such as authenticity and relevance. However, the court will evaluate each post individually to determine its admissibility based on legal standards.

Can You Use Social Media as Evidence in Court?

Yes, social media can be used as evidence in court if it is deemed authentic and relevant to the case. Prosecutors and law enforcement may present social media posts, messages, photos, or videos as evidence to support their arguments.

Can You Talk About a Case on Social Media?

While you have the right to free speech, discussing your case on social media can have legal consequences. It is best to consult with your attorney before making any public statements or discussing the details of your case on social media.

Can Screenshots of Text Messages be Used in Court?

Screenshots of text messages can be used as evidence in court if they meet the standards of admissibility. The court will evaluate the authenticity and relevance of the screenshots to determine their admissibility.

Can Social Media Be Used in Court?

Yes, social media can be used in court as evidence if it meets the legal standards for admissibility. Posts, messages, photos, videos, and other content from social media platforms may be presented as evidence in criminal cases.

Is It Illegal to Post Public Information on Social Media?

Posting public information on social media is generally not illegal. However, it is important to be mindful of the potential consequences and implications of sharing personal or sensitive information on public platforms.

Do Courts Look at Your Social Media?

Courts may consider social media posts and other digital evidence as part of a criminal case. Social media content can be relevant to establishing facts, determining credibility, and assessing the character of individuals involved in the case.

Can Lawyers Talk About Their Cases on Social Media?

Lawyers must adhere to professional conduct rules and ethical guidelines when discussing cases on social media. Criminal attorneys should avoid making statements that could prejudice the case or disclose confidential information.

Free San Diego Criminal Defense Consultation

If you are facing criminal charges in San Diego, it is in your best interest to seek legal representation to protect your rights and navigate the complexities of the legal system. Contact our experienced criminal defense lawyers at Sevens Legal as soon as possible for a free consultation.

How to Contact Our Criminal Defense Attorneys

To schedule a free legal consultation with our skilled San Diego criminal attorneys, please call us at (619) 430-2355. Our experienced legal team is available to answer your questions, provide guidance, and advocate for your rights. Don’t face criminal charges alone – contact us today for the legal support you need.

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Insurance Fraud Defense in San Diegohttps://www.sevenslegal.com/criminal-attorney/san-diego-insurance-fraud-defense-attorney/Mon, 19 Feb 2024 16:12:20 -0800https://www.sevenslegal.com/criminal-attorney/san-diego-insurance-fraud-defense-attorney/Insurance fraud can result in severe legal consequences, including imprisonment and fines. Consult our criminal lawyers for help fighting fraud charges.As San Diego’s largest and most reputable criminal defense firm, it is our pleasure to provide useful and reliable information to clients and potential clients about defending against insurance fraud charges. Insurance fraud can result in severe legal consequences, including federal criminal charges, imprisonment, fines, and damage to one’s personal and professional reputation. In this article, we will explore the different types of charges related to insurance fraud, the potential penalties for fraud offenses, the benefits of hiring a federal fraud attorney, and strategies for building a comprehensive defense against insurance fraud charges.

Key Takeaways

Insurance fraud is the act of intentionally deceiving an insurance company for personal gain, either by submitting false claims, staging accidents, providing false information, or manipulating insurance policies.

Insurance fraud can result in severe legal consequences, including federal criminal charges, imprisonment, fines, and damage to one’s personal and professional reputation.

Insurance fraud can be prosecuted as a federal crime when it involves interstate commerce or falls under federal jurisdiction.

When facing insurance fraud charges, it is essential to hire a skilled federal fraud lawyer who understands the nuances of federal law and has experience defending clients in federal court.

A qualified criminal lawyer can guide you through the legal process and help build a strong defense against the charges.

Insurance Fraud Defense in San Diego

Insurance fraud is considered a serious criminal offense, and such charges can be prosecuted at both the state and federal levels. If you are facing insurance fraud charges in San Diego, it is crucial to seek the assistance of a skilled criminal defense lawyer with experience handling fraud cases.

Types of Insurance Fraud

Insurance fraud is the act of intentionally deceiving an insurance company for personal gain. It can take various forms, including submitting false claims, staging accidents, providing false information, and manipulating insurance policies. Some common types of insurance fraud include:

Health Insurance Fraud: This involves submitting false medical insurance claims or exaggerating injuries or disabilities to receive insurance payments.

Auto Insurance Fraud: This includes filing false claims, staging car accidents, or inflating repair costs to defraud auto insurance companies.

Homeowner’s Insurance Fraud: This can involve filing false claims for property damage or inflating repair estimates to receive insurance payouts.

Workers’ Compensation Fraud: This occurs when an employee falsely claims a work-related injury or disability to receive workers’ compensation benefits.

Can Fraud be Unintentional?

While insurance fraud is typically intentional, there are cases where individuals may unknowingly commit fraudulent acts. It is important to note that intent is a crucial element in proving insurance fraud. If you can demonstrate that the alleged fraudulent act was unintentional or the result of a mistake, it may help build a strong defense against the charges.

When is Insurance Fraud a Federal Crime?

Insurance fraud can be prosecuted as a federal crime when it involves interstate commerce or falls under federal jurisdiction. The Violent Crime and Law Enforcement Act of 1994 grants federal prosecutors the authority to pursue insurance fraud cases that impact interstate commerce. When facing federal charges, the penalties for insurance fraud can be more severe compared to state-level charges.

Benefits of Hiring a Federal Fraud Attorney

When facing insurance fraud charges, it is essential to hire a skilled federal fraud attorney who understands the nuances of federal law and has experience defending clients in federal court. A federal lawyer can provide several benefits that can have a significant bearing on the outcome of your insurance fraud case.

What to Look for in an Insurance Fraud Lawyer

When selecting a criminal attorney to defend against insurance fraud charges, there are several factors to consider. You should look for a lawyer who has:

Extensive experience in handling insurance fraud cases,

A track record of successful outcomes and positive client testimonials,

Strong communication skills and the ability to explain legal concepts clearly,

A thorough understanding of federal and state laws related to insurance fraud, and

The ability to develop a personalized defense strategy tailored to your case.

Insights from Attorney Crystal Erlandson’s Insurance Fraud Case

Sevens Legal attorney Crystal Erlandson recently secured a favorable outcome for a client facing criminal wire fraud and false claims charges related to an insurance fraud scheme. The client was accused of filing fraudulent claims to obtain unearned benefits from an insurance program that provides financial support to assist severely injured military service members in their recovery. The client faced a maximum exposure of 20 years and a guidelines range of 12 to 18 months for submitting false information about injuries being related to military service and receiving a $100,000 claim payout. Thanks to Ms. Erlandson’s adept legal representation, the client was sentenced to probation, a testament to her expertise in navigating complex federal criminal cases and achieving favorable results for her clients.

Potential Penalties for Insurance Fraud Offenses

The penalties for insurance fraud vary depending on the severity of the offense, the amount of money involved, and whether it is prosecuted at the state or federal level. In California, insurance fraud can be charged as a felony or misdemeanor, with potential penalties including:

Felony charges: Up to five years in prison and fines of up to $50,000 or twice the amount defrauded (whichever is higher)

Misdemeanor charges: Up to one year in jail and fines of up to $1,000

It is important to note that these penalties can be more severe for federal insurance fraud charges, including imprisonment for up to 20 years and fines of up to $250,000.

What is the U.S. Code for Insurance Fraud?

The U.S. Code does not have a specific provision solely dedicated to insurance fraud. However, federal prosecutors can rely on various federal statutes to bring charges against individuals involved in insurance fraud. These statutes may include:

Mail and Wire Fraud (18 U.S.C. § 1341 and 18 U.S.C. § 1343)

These statutes prohibit the use of the U.S. mail or electronic communications to carry out fraudulent schemes, which can include insurance fraud.

False Statements (18 U.S.C. § 1001)

This statute makes it a crime to knowingly make false statements, including false statements related to insurance claims or applications.

Racketeer Influenced and Corrupt Organizations Act (RICO) (18 U.S.C. § 1961 et seq.)

RICO allows prosecutors to bring charges against individuals involved in organized criminal activities, including large insurance fraud schemes.

Is Insurance Fraud a Felony?

Insurance fraud can be charged as either a felony or a misdemeanor, depending on the circumstances of the case and the applicable state or federal laws. The severity of the offense, the amount of money involved, and the impact on victims are factors considered when determining whether to charge insurance fraud as a felony or misdemeanor.

How Long Do You Go to Jail for Insurance Fraud?

The length of imprisonment for insurance fraud convictions varies depending on the specific circumstances of the case, the jurisdiction, and the applicable state or federal laws. For felony insurance fraud convictions, individuals can face imprisonment ranging from several months to several years. Misdemeanor insurance fraud convictions may result in shorter jail sentences or alternative penalties such as probation, fines, or restitution.

Building a Comprehensive Insurance Fraud Defense Strategy

When building a defense strategy against insurance fraud charges, it is essential to work closely with an experienced criminal defense attorney who has a history of success representing clients facing fraud charges. A comprehensive defense strategy may involve conducting a thorough investigation into the charges against you, challenging the prosecution’s evidence, presenting alternative explanations for the alleged fraudulent act(s), and negotiating with prosecutors.

Mitigating the Consequences of Insurance Fraud Charges

If you are facing insurance fraud charges in San Diego, it is important to take immediate action to protect your rights and mitigate the potential legal consequences. Here are some steps to consider:

Remain silent: Avoid discussing the details of the case with anyone other than your attorney to prevent any statements from being used against you.

Seek qualified legal representation: Consult with an experienced criminal defense lawyer who handles insurance fraud cases. They can guide you through the legal process and help build a strong defense.

Gather evidence: Collect any evidence or documentation that supports your innocence or challenges the prosecution’s case.

Cooperate with your criminal lawyer: Provide your attorney with all relevant information and be transparent about the details of your case.

Free San Diego Insurance Fraud Consultation

If you are facing insurance fraud charges in San Diego, it is crucial to seek legal representation from a skilled criminal defense attorney as soon as possible. At Sevens Legal, we offer a free and confidential consultation to discuss your case and provide guidance on building a strong defense strategy.

How to Contact Our Criminal Defense Attorneys

If you are in need of legal assistance for insurance fraud charges or any other criminal defense matter, our experienced criminal lawyers at Sevens Legal are here to help. Call us at (619) 430-2355 to schedule your consultation and protect your rights. Remember, it is crucial to act quickly and secure legal representation when facing insurance fraud charges. Our dedicated team of attorneys will fight vigorously to protect your rights and achieve the best possible outcome for your case.

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How Common are DUIs in California?https://www.sevenslegal.com/criminal-attorney/how-common-are-duis-in-california/Mon, 12 Feb 2024 16:12:20 -0800https://www.sevenslegal.com/criminal-attorney/how-common-are-duis-in-california/Driving under the influence is a serious criminal offense with severe penalties. Call our experienced attorneys today if you are facing DUI charges.

Driving under the influence (DUI) is a serious criminal offense in California, with severe penalties that can include jail time, fines, and license restrictions. Many drivers may feel alone after a DUI arrest in San Diego, but the reality is that DUIs are fairly common in California. In this article, we will explore the probability of getting a DUI in California, the factors contributing to DUI incidents, the legal implications of DUI offenses, and the importance of seeking legal representation. If you are facing DUI charges in San Diego, our experienced criminal defense attorneys at Sevens Legal are here to help. Call us now at (619) 430-2355 for a free consultation.

Key Takeaways

Many drivers may feel alone after a DUI arrest, but the reality is that DUIs are fairly common in California.

There were approximately 123,000 DUI arrests in California in 2022, or one out of every 269 drivers.

Several factors contribute to the prevalence of DUI incidents in California, including the influence of alcohol and drugs, social and cultural factors, and the availability of public transportation.

The penalties for DUI convictions in California typically include fines, license suspension, and mandatory DUI education programs.

Having a knowledgeable and skilled attorney advocating for your rights can significantly impact the outcome of your DUI case.

What is the Probability of Getting a DUI in California?

California records extensive data on DUI arrests and convictions, providing insights into the prevalence of DUI incidents in the state. According to statistics, there were approximately 123,000 DUI arrests in California in 2022, or one out of every 269 drivers. This data highlights the fact that DUIs are not uncommon in California, with over a hundred thousand drivers arrested for driving under the influence every year.

Criminal Attorney Noah Huston Breaks Down California DUIs

In one of our latest videos, Sevens Legal attorney Noah Huston discusses DUI charges in California and emphasizes the importance of hiring a knowledgeable criminal lawyer when confronted with a DUI arrest. With insightful analysis backed by ample experience, attorney Huston delves into the frequency of DUI incidents in the state, providing valuable perspectives for individuals navigating through such legal challenges. Successfully defending against DUI charges in San Diego requires in-depth knowledge of the DUI process and the legal issues DUI defendants commonly face. In 2023 alone, attorney Noah Huston successfully resolved over 50 DUI cases, helping arrested individuals get the best possible outcome in their cases.

DUI checkpoints, also known as sobriety checkpoints, are legal in California. Law enforcement agencies set up these checkpoints to identify and apprehend drivers operating vehicles under the influence of alcohol or drugs. These checkpoints are typically established during peak times when DUI incidents are more likely to occur, such as weekends or holidays.

DUI checkpoints are subject to certain legal requirements to ensure their constitutionality. They must be publicly announced in advance, and law enforcement officers must follow specific guidelines when selecting vehicles to stop, such as every vehicle or every few vehicles. Additionally, officers must have reasonable suspicion to conduct further testing or detain a driver.

Factors Contributing to California DUIs

Several factors contribute to the prevalence of DUI incidents in California. These factors include, among other things, the influence of alcohol and drugs, social and cultural factors, and the availability of public transportation.

Influence of Alcohol and Drugs

The influence of alcohol and drugs is a significant factor in DUI incidents. According to drunk driving statistics in California, there were 1,069 traffic accident fatalities in 2022, 30% of which were due to alcohol-related incidents. It is crucial for individuals to understand the dangers of driving under the influence and make responsible choices to prevent accidents and injuries.

Impact of Social and Cultural Factors

Social and cultural factors also play a role in the prevalence of DUI incidents. The acceptance of drinking and driving as a norm in some social circles can contribute to a higher number of DUIs. Additionally, cultural events and celebrations that involve alcohol consumption may increase the likelihood of individuals driving under the influence.

Education and awareness campaigns are essential in addressing these social and cultural factors. By promoting responsible drinking habits and offering alternative transportation options, such as designated drivers or rideshare services, individuals can make safer choices and reduce the occurrence of DUI incidents.

Availability of Public Transportation

The availability of reliable and accessible public transportation can significantly impact DUI rates. Areas with well-developed public transportation systems may experience lower DUI incidents as individuals have alternative means of getting home after consuming alcohol.

Cities with limited public transportation options, on the other hand, may see higher rates of DUI incidents. In these areas, individuals may feel compelled to drive under the influence due to a lack of viable transportation alternatives.

DUI offenses in California carry severe legal consequences. The penalties for DUI convictions can vary depending on factors such as previous offenses, blood alcohol concentration (BAC) level, and the presence of injuries or fatalities.

Penalties for DUI Convictions

The penalties for DUI convictions in California typically include fines, license suspension, and mandatory DUI education programs. For a first-time DUI offense, the penalties may include:

Up to six months in jail

Fines ranging from $390 to $1,000

A six-month license suspension

Completion of a DUI education program

Subsequent DUI offenses carry more severe penalties, including longer jail sentences, higher fines, longer license suspensions, and the installation of an ignition interlock device (IID) in the offender’s vehicle.

How Likely Is Jail Time for a First DUI?

The likelihood of receiving jail time for a first DUI offense in California can vary depending on the circumstances. While some first-time offenders may be able to avoid jail time through alternative sentencing options such as probation, others may face short jail sentences.

Factors influencing the likelihood of jail time include the individual’s BAC level at the time of arrest, any prior DUI convictions, and the presence of aggravating factors, such as accidents or injuries caused by the DUI incident. Consulting with an experienced criminal defense attorney can help individuals understand their options and develop a strong defense strategy to minimize the potential for jail time.

Which DUI is a Felony?

In California, a DUI offense can be charged as a felony under certain circumstances. These circumstances include:

A fourth or subsequent DUI offense within ten years

DUI causing injury or death

A prior felony DUI conviction

A prior felony vehicular manslaughter conviction

A prior felony DUI with injury conviction

Felony DUI convictions carry more severe penalties, including longer prison sentences and higher fines. It is crucial for individuals facing felony DUI charges to seek immediate legal representation to protect their rights and build a strong defense.

If you are facing DUI charges in California, it is essential to seek legal assistance from an experienced criminal defense attorney. Attempting to navigate the complex legal system on your own can be overwhelming and may result in unfavorable outcomes.

Having a knowledgeable and skilled DUI attorney in San Diego advocating for your rights can significantly impact the outcome of your DUI case. They can guide you through the legal process, ensure your rights are protected, and work towards the best possible outcome for your case. An experienced attorney will assess the evidence against you, challenge any weaknesses in the prosecution’s case, and explore potential defenses. They will also negotiate with prosecutors on your behalf, aiming to reduce charges or penalties.

How an Experienced Criminal Lawyer Can Help

A reputable criminal lawyer with experience in DUI defense can provide various services to strengthen your defense strategy. These services may include:

Conducting a thorough investigation: Your lawyer will examine the circumstances surrounding your arrest, analyze police reports, and gather evidence to challenge the prosecution’s case.

Challenging the validity of field sobriety tests and chemical tests: Your lawyer will assess the accuracy and reliability of the tests conducted during your arrest, looking for any potential errors or violations of your rights.

Negotiating with prosecutors: Your lawyer will engage in negotiations with the prosecution to seek reduced charges or alternative sentencing options, such as probation or diversion programs.

Representing you in court: If your case goes to trial, your lawyer will present a strong defense on your behalf, cross-examine witnesses, and challenge the prosecution’s evidence.

Free San Diego DUI Defense Consultation

At Sevens Legal, we understand the unique challenges and complexities of DUI cases in California. Our team of experienced criminal defense attorneys provides free consultations and is dedicated to delivering exceptional legal representation to individuals facing DUI charges in San Diego.

How to Contact Our Criminal Defense Attorneys

If you are facing DUI charges in San Diego, our criminal lawyers are here to help. To schedule a free consultation and discuss your case, call us now at (619) 430-2355. Our dedicated legal team is committed to providing personalized and effective representation to protect your rights and achieve the best possible outcome in your DUI case.

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How Do You Fight Sex Crime Charges?https://www.sevenslegal.com/criminal-attorney/how-do-you-fight-sex-crimes/Mon, 05 Feb 2024 16:12:20 -0800https://www.sevenslegal.com/criminal-attorney/how-do-you-fight-sex-crimes/In California, the consequences of a DUI conviction can be severe and long-lasting. Contact our San Diego DUI defense attorneys today for legal help.

Sex crime charges are serious and carry severe consequences that can impact your life and reputation. If you have been accused of a sex crime in San Diego, it is crucial to understand your rights, the legal process, and the steps you can take to fight these charges. In this comprehensive guide, we will provide valuable information about how to fight sex crime charges in San Diego, including details about the most common sex crimes, possible criminal penalties, effective legal defenses, and the importance of hiring an experienced sex crimes defense attorney.

Key Takeaways

Sex crime charges are serious and carry severe consequences that can impact your life and reputation.

Sex crimes encompass a range of offenses that involve non-consensual sexual acts or activities, including sexual assault, rape, child molestation, indecent exposure, prostitution, sexual abuse, and possession or distribution of child pornography.

One of the most common sex crimes is sexual assault, which involves non-consensual sexual contact or penetration.

Possible consequences for sex crimes can include imprisonment, fines, probation, mandatory counseling or treatment programs, and registration as a sex offender.

Hiring an experienced sex crimes defense attorney is crucial to protect your rights and ensure the best possible outcome in your case.

A sex crimes defense attorney will have in-depth knowledge of the laws surrounding sex crimes in San Diego and can navigate the complex legal process on your behalf.

Whats a Sex Crime?

Sex crimes encompass a range of offenses that involve non-consensual sexual acts or activities. These crimes can include sexual assault, rape, child molestation, indecent exposure, prostitution, sexual abuse, and possession or distribution of child pornography. It is important to note that engaging in any sexual activity without the explicit consent of all parties involved is considered a sex crime.

What is the Most Common Sex Crime?

One of the most common sex crimes is sexual assault, which involves non-consensual sexual contact or penetration. Sexual assault can occur in various circumstances, such as date rape, acquaintance rape, or assault by a stranger. It is essential to understand that consent is crucial in any sexual encounter, and lack of consent is a key factor in determining whether a sexual act is consensual or non-consensual.

Sex Crime Penalties and Consequences

The penalties for sex crimes in San Diego can vary depending on the specific offense and the circumstances surrounding the case. Sex crimes are typically classified as either misdemeanors or felonies, with felony charges carrying more severe penalties. Possible consequences for sex crimes can include imprisonment, fines, probation, mandatory counseling or treatment programs, and registration as a sex offender.

What Sex Crimes are Felonies?

Several sex crimes are classified as felonies in San Diego. These offenses often involve more severe acts of sexual violence or exploitation. Some common felony sex crimes include:

Rape - The act of non-consensual sexual intercourse

Sexual battery - The intentional and harmful touching of another person’s intimate body parts

Child molestation - Engaging in sexual acts with a minor, including sexual contact or penetration

Sexual exploitation of a minor - Engaging in the production, distribution, or possession of child pornography

Aggravated sexual assault - Committing sexual assault with additional aggravating factors, such as the use of a weapon or causing serious bodily injury

How Sex Offenders are Registered

In San Diego, individuals convicted of certain sex crimes are required to register as sex offenders. The sex offender registry is a database that contains information about convicted sex offenders, including their personal details, photographs, and addresses. The registry is accessible to law enforcement agencies and the public, which can have significant long-term consequences for individuals on the registry, including limitations on employment opportunities, housing options, and community integration.

Building a Strong Sex Crimes Defense Team

Why Should I Hire a Sex Crimes Defense Attorney?

When facing sex crime charges, it is crucial to have a strong and experienced defense team by your side. Hiring a sex crimes defense attorney is crucial to protect your rights and ensure the best possible outcome in your case. An experienced attorney can provide several key benefits, including:

Legal expertise - A sex crimes defense attorney will have in-depth knowledge of the laws surrounding sex crimes in San Diego and can navigate the complex legal process on your behalf.

Investigation and evidence gathering - Your attorney will thoroughly investigate the facts of your case, gather evidence, and identify any weaknesses in the prosecution’s case.

Defense strategy - A skilled attorney will develop a customized defense strategy tailored to the specific circumstances of your case, utilizing various legal defenses and tactics to challenge the charges.

Negotiation and plea bargaining - If appropriate, your attorney can negotiate with the prosecution to secure a favorable plea agreement or reduced charges.

Courtroom representation - In the event your case goes to trial, your attorney will provide aggressive courtroom representation, cross-examine witnesses, and present a strong defense on your behalf.

Learn How a Criminal Lawyer Can Safeguard Your Rights

In one of our latest videos, criminal attorney Samantha Greene provides insightful guidance on confronting sex crime charges in San Diego. With empathy and expertise, attorney Greene emphasizes the critical role of a skilled lawyer in safeguarding individuals’ rights when facing such serious allegations. She underscores the profound impact of sex crime charges, highlighting the necessity of having a legal professional by one’s side from the outset to navigate every aspect of the case. Attorney Greene sheds light on the spectrum of common sex crime charges in California, ranging from rape to possession of child pornography, and emphasizes the far-reaching consequences, including the possibility of lifetime registration as a sex offender. Through her compelling message, she urges anyone facing sex crime charges in San Diego to prioritize their future, their freedom, and their family by promptly securing the support of an experienced lawyer.

Developing a Comprehensive Sex Crimes Defense Strategy

Common Defenses Against Sex Crime Charges

Your sex crimes defense strategy should be tailored to the unique circumstances of your case. Your defense attorney will analyze the evidence, witness statements, and any available surveillance footage to build a strong defense. Some common defense strategies against sex crime charges include:

Consent - If the alleged sexual encounter was consensual, your attorney can present evidence, such as text messages or witness testimony, to establish that both parties engaged in the sexual activity willingly.

Alibi - If you can provide evidence or witnesses that prove you were elsewhere at the time of the alleged crime, it can establish that you could not have committed the offense.

Lack of intent - Some sex crimes require the element of intent. If it can be shown that you did not have the necessary intent to commit the alleged offense, it can weaken the prosecution’s case against you.

Lack of evidence - If there is insufficient evidence to prove your guilt beyond a reasonable doubt, your attorney can challenge the prosecution’s case and argue for a dismissal or acquittal.

False allegations - Your attorney can investigate the motives of the accuser and gather evidence to support a defense that the allegations were false, motivated by revenge, jealousy, or other ulterior motives.

Violation of constitutional rights - Your attorney will examine whether your rights were violated during the investigation or arrest, such as improper search and seizure or Miranda rights violations.

Exploring Mitigating Circumstances

In some cases, there may be mitigating circumstances that can help reduce the severity of the criminal charges or the potential penalties. Mitigating circumstances can include a lack of prior criminal record, and rehabilitation efforts such as counseling, therapy, or treatment for any underlying issues related to the alleged offense.

Protecting Your Rights When Faced with Sex Crime Charges

Preserving Your Reputation and Future Opportunities

Sex crime charges can have a long-lasting impact on your reputation and future opportunities. Even if you are acquitted or charges are dropped, the stigma associated with these allegations can persist. It is essential to take proactive steps to preserve your reputation and restore your life after facing sex crime charges.

Free San Diego Sex Crimes Defense Consultation

If you or someone you know is facing sex crime charges in San Diego, it is crucial to seek legal representation as soon as possible. The experienced criminal defense attorneys at Sevens Legal are here to help. We offer a free legal consultation to discuss your case, evaluate the evidence, and provide you with a comprehensive understanding of your legal options.

How to Contact Our Criminal Defense Attorneys

To learn more about Sevens Legal and our criminal defense services, reach out to us directly at (619) 430-2355 and schedule a free consultation. Our dedicated team is ready to provide you with the skilled representation you need to fight sex crime charges and protect your rights.

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The Consequences of Counterfeit Chargeshttps://www.sevenslegal.com/criminal-attorney/the-consequences-of-counterfeit-charges/Thu, 25 Jan 2024 16:12:20 -0800https://www.sevenslegal.com/criminal-attorney/the-consequences-of-counterfeit-charges/The consequences of counterfeit charges can be severe and life-altering. Call our federal criminal lawyers now to get the legal help you deserve.Criminal charges related to counterfeiting are taken extremely seriously, and the potential consequences of such a charge can be severe and life-altering. At Sevens Legal, San Diego’s leading criminal defense law firm, we understand the gravity of these charges and are thoroughly committed to safeguarding our clients’ rights and challenging the prosecutions evidence. In this article, we will examine the potential ramifications of counterfeit charges and explore why a strong defense is crucial.

Key Takeaways:

  • The consequences of counterfeit charges extend beyond the legal realm and can impact an individual’s reputation, finances, professional standing, personal relationships, and future opportunities.

  • Seeking expert legal representation is imperative when facing counterfeit charges to challenge the evidence, protect one’s rights, and fight for a fair outcome based on the unique circumstances of the case.

  • Defense attorneys play a vital role in thoroughly preparing for trial, gathering evidence, and building a strong case to counter false allegations and mitigate potential repercussions.

  • A strong legal defense can make a significant difference in clearing the name of the accused and safeguarding their future.

The Case of Summer Marie Creech: A Counterfeit Savings Bond Scheme

In a recent criminal case, Summer Marie Creech, a 45-year-old woman from Fontana, California, pleaded guilty to her involvement in a counterfeit savings bond scheme. Court documents indicate that Creech conspired with others to create, pass, and transfer counterfeit Department of the Treasury Series I savings bonds at multiple financial institutions in Texas and elsewhere. Creech reportedly forged the counterfeit bonds using authentic bond numbers and sent the bonds to her co-conspirators, who then negotiated them at financial institutions. The conspiracy resulted in over $1.6 million in counterfeit Series I savings bonds being distributed. Creech pleaded guilty to conspiracy and passing counterfeit U.S. securities, and she faces a maximum prison sentence of 20 years.

The Lasting Impact of Counterfeit Charges

Facing counterfeit charges can be a daunting and life-altering experience, with potential consequences that extend far beyond the legal realm. The impact of such charges can affect various aspects of an individual’s life, including their reputation, finances, professional standing, personal relationships, and future opportunities. It is essential to understand the gravity of these implications and the importance of mounting a strong defense to protect one’s rights and seek a fair outcome.

Sevens Legal, a distinguished criminal defense firm in San Diego, recognizes the severity of federal counterfeit charges and the need for expert legal representation to navigate the complexities of such criminal cases. With a team of proficient defense attorneys, Sevens Legal is committed to challenging the evidence in counterfeit cases and advocating for their clients to mitigate the potential repercussions of such allegations.

Here are some of the potential ramifications of counterfeit charges:

Counterfeit charges can lead to substantial fines and imprisonment. Charges and penalties for counterfeiting vary by state and federal law, with a potential sentence of up to 20 years in prison for counterfeiting U.S. currency. Our qualified criminal defense attorneys will meticulously examine and challenge the prosecutions evidence, leaving no stone unturned in their pursuit of a favorable outcome that protects your rights.

Damaged Reputation

Accusations of counterfeiting can also tarnish your personal and professional reputation. As a federal crime, the impact of such charges can affect numerous aspects of your life, including your standing in the community. Our skilled defense attorneys will work tirelessly to ensure that your side of the story is told, minimizing the impact on your reputation and ensuring your voice is heard.

Financial Impact

Convictions for counterfeiting may result in restitution and significant legal fees. Federal penalties for counterfeiting can result in up to 20 years in federal prison in addition to hefty fines. Our defense attorneys will expertly navigate the financial aspects of counterfeit charges, ensuring that you fully comprehend the potential financial implications and striving for a fair resolution.

Professional Licenses

Counterfeit convictions can jeopardize your professional career by leading to license revocation or suspension. In addition to incarceration, consequences of a counterfeiting conviction may include fines, probation, and restrictions on certain activities. Our criminal lawyers possess a deep understanding of the potential impact on your professional life and will work diligently to minimize these consequences.

Personal Relationships

The stress of facing counterfeit charges can put a significant strain on personal relationships. The impact of such charges can affect various aspects of an individual’s life, including their connections with friends and family. Our compassionate defense attorneys will provide unwavering support during this challenging time, helping you navigate the emotional toll and maintain vital relationships with loved ones.

Future Opportunities

Criminal convictions can create barriers to employment, housing, and education. In this way, the impact of counterfeit charges can adversely affect your future opportunities. Our experienced criminal attorneys are committed to safeguarding your future prospects and will work tirelessly to minimize the long-term consequences and assist you in moving forward with your life.

Championing Defense Against Counterfeit Charges

As you can see, the consequences of counterfeit charges can be far-reaching and long-lasting. In the face of false allegations related to counterfeiting, it is crucial to remember that an accusation does not equate to guilt. As in any criminal case, the burden of proof rests firmly with the prosecution. As your dedicated defense attorneys, we understand the significance of this fundamental principle and will tenaciously challenge the evidence presented, ensuring that your rights are protected throughout the legal proceedings.

Our unwavering commitment lies in fighting for a fair outcome that is reflective of the unique circumstances surrounding your case. We prioritize thorough preparation, strategic gathering of evidence, and proactive case building to effectively counter false counterfeit allegations. It is essential to remain composed and resolute in the knowledge that a strong legal defense can make a significant difference in safeguarding your future and clearing your name.

Free San Diego Federal Criminal Defense Consultation

Sevens Legal, a prominent criminal defense firm in San Diego, recognizes the severity of counterfeit charges and the need for expert legal representation to navigate the complexities of such criminal cases. Equipped with a team of skilled defense lawyers, we are committed to challenging the prosecutions evidence and advocating for our clients to mitigate the potential repercussions of counterfeit allegations.

If you or someone you love has been arrested on a federal charge in San Diego, it is important to promptly seek legal counsel. Call Sevens Legal today at (619) 430-2355 to schedule a free legal consultation with our professional federal criminal defense attorneys. We will provide you with the necessary guidance and unwavering support to navigate the federal criminal justice system. Remember, you have rights, and we are here to safeguard them.

How to Contact Our Federal Criminal Attorneys

When confronted with federal criminal charges, securing reputable legal representation is the key to a fair trial. Our knowledgeable team of criminal lawyers is prepared to assist you and advocate for your best interests in the courtroom. Contact us today to arrange a confidential consultation and dive into the specifics of your case. You can reach us by calling (619) 430-2355.

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Overcoming Accusations of Conspiracy to Commit Fraudhttps://www.sevenslegal.com/criminal-attorney/conspiracy-to-commit-fraud/Wed, 17 Jan 2024 16:12:20 -0800https://www.sevenslegal.com/criminal-attorney/conspiracy-to-commit-fraud/Conspiracy charges can have severe legal consequences. If you find yourself facing accusations of conspiracy to commit fraud, call our attorneys today.If you find yourself facing accusations of conspiracy to commit fraud in California, it is crucial to understand the legal implications and how to navigate through the complex legal system. Being charged with conspiracy can have severe consequences, both personally and professionally. However, with the right defense strategy and the support of an experienced federal criminal attorney, you can overcome these accusations and protect your rights. Read on to learn more about overcoming accusations of conspiracy to commit fraud or call Sevens Legal at (619) 430-2355 for a free legal consultation.

Key Takeaways

  • Being charged with conspiracy can have severe consequences, both personally and professionally.

  • Conspiracy to commit fraud involves planning and agreeing to participate in a scheme to defraud others for personal gain.

  • You can be charged with conspiracy even if you did not personally commit the underlying fraudulent act.

  • When accused of conspiracy, it is essential to remember your fundamental right to the presumption of innocence.

  • With the right defense strategy and the support of an experienced federal criminal attorney, you can overcome these accusations and protect your rights.

What is a Conspiracy Charge?

A conspiracy refers to an agreement between two or more individuals to commit a criminal act. In the context of fraud, it involves planning and agreeing to participate in a scheme to defraud others for personal gain. Fraud can take various forms, including wire fraud, insurance fraud, tax fraud, and credit card fraud.

Can You Be Charged with Conspiracy Alone?

One important aspect to note about conspiracy charges is that you can be charged with conspiracy even if you did not personally commit the underlying fraudulent act. Simply being involved in the planning or agreeing to participate in the scheme can be enough for a conspiracy charge. This means that you may face criminal liability for the actions of your co-conspirators.

The Presumption of Innocence: Your Fundamental Right

When accused of conspiracy, it is essential to remember your fundamental right to the presumption of innocence. Under the law, you are considered innocent until proven guilty beyond a reasonable doubt. This principle plays a crucial role in criminal defense, as the burden of proof lies with the prosecution to establish your guilt.

Importance of Presumption of Innocence in Criminal Defense

The presumption of innocence is a cornerstone of the criminal justice system. It serves as a safeguard against wrongful convictions and ensures that individuals are not unjustly punished. As a defendant facing conspiracy charges, asserting your right to the presumption of innocence is essential in building a strong defense strategy.

How it Applies to Conspiracy Cases

In conspiracy cases, the presumption of innocence means that the prosecution must present compelling evidence to prove that you knowingly and willingly participated in the conspiracy. Mere association with individuals involved in fraudulent activities does not automatically make you guilty. Your lawyer will work to challenge the prosecution’s evidence and cast doubt on their case.

Building a Strong Defense Strategy

When facing accusations of conspiracy to commit fraud, developing a strong defense strategy is crucial. A skilled criminal defense lawyer with experience handling fraud cases can analyze the details of your case, identify weaknesses in the prosecution’s argument, and build a robust defense on your behalf.

The Role of a Federal Criminal Lawyer

Navigating the complexities of conspiracy charges requires the expertise of an experienced federal criminal lawyer. A knowledgeable federal attorney has an in-depth understanding of federal laws and regulations, as well as experience handling cases involving fraud and conspiracy. They will protect your rights, guide you through the legal process, and fight for the best possible outcome.

Attorney Crystal Erlandson’s Successful Outcome

In a recent case from Sevens Legal attorney Crystal Erlandson, a client faced criminal charges for conspiracy to commit wire fraud involving fraudulent Pandemic Unemployment Insurance claims. The case involved the use of stolen identities of dying or recently deceased patients to fraudulently apply for unemployment insurance (EDD) benefits during the COVID-19 pandemic. The potential maximum exposure for this crime is 20 years, but the sentencing guidelines suggest a range of 10 to 16 months. Ultimately, the defendant was sentenced to probation. This successful outcome for attorney Erlandson highlights not only the complexities and nuances surrounding accusations of conspiracy to commit fraud but also the indisputable advantage of hiring an experienced criminal defense lawyer to defend you when facing conspiracy to defraud charges.

Overcoming Accusations of Conspiracy to Defraud

Overcoming accusations of conspiracy requires a strategic approach. Your defense attorney will work diligently to challenge the evidence and arguments presented by the prosecution. They may utilize various defense strategies, including:

  • Lack of agreement: Your lawyer will aim to prove that there was no agreement to commit fraud, emphasizing that any alleged participation was a misunderstanding or coincidence.

  • Lack of intent: Your attorney will argue that you did not have the intent to defraud, highlighting any lack of knowledge or involvement in the fraudulent scheme.

  • Insufficient evidence: Your lawyer will scrutinize the evidence presented by the prosecution, looking for inconsistencies, unreliable witnesses, or insufficient proof of your participation in the conspiracy.

  • Entrapment: In some cases, your attorney may argue that you were coerced or induced by law enforcement into participating in the conspiracy, resulting in a violation of your rights.

Understanding the Elements of the Crime

To mount an effective defense against conspiracy charges, it is essential to understand the elements of the crime. To get a conviction for conspiracy to defraud, the prosecution must prove the following elements beyond a reasonable doubt:

  • Agreement: The prosecution must demonstrate that there was an agreement between two or more individuals to commit fraud.

  • Intent:* The prosecution must establish that you had the intent to defraud, meaning you knowingly participated in the conspiracy with the purpose of deceiving others for personal gain.

  • Overt act: The prosecution must show that at least one co-conspirator took some action to further the conspiracy, such as making a fraudulent transaction or communicating with others involved.

Strategies to Defend Against False Accusations

In defending against false accusations of conspiracy, your attorney may employ various strategies tailored to your specific case. These strategies include:

  • Exposing unreliable witnesses: Your criminal lawyer will carefully scrutinize the credibility and reliability of witnesses presented by the prosecution, challenging their testimony and credibility.

  • Challenging the evidence: Your attorney will assess the evidence presented by the prosecution, looking for any inconsistencies, procedural errors, or violations of your rights that can be used to weaken the case against you.

  • Establishing an alternative narrative: Your defense attorney may present an alternative narrative of events, highlighting any reasonable doubt in the prosecution’s case and offering an alternative explanation for your actions or involvement.

  • Negotiating a plea deal: In some cases, negotiating a plea deal may be the most favorable option. Your lawyer will explore the possibility of reduced charges or a lesser sentence in exchange for cooperation or a guilty plea to a lesser offense.

Mitigating the Consequences of Conspiracy Charges

While conspiracy charges can carry severe penalties, there are strategies to mitigate the consequences. Your defense attorney will work to minimize the impact of these charges by presenting mitigating factors, seeking alternative sentencing options, and/or appealing for a reduced sentence.

Is Conspiracy a Felony or Misdemeanor in California?

Conspiracy is typically charged as a felony offense in California. The specific penalties for conspiracy to commit fraud can vary depending on the type and severity of the fraud involved. Felony charges can result in substantial fines, lengthy prison sentences, and other collateral consequences that can significantly impact your life.

How Many Years is a Conspiracy Charge?

The potential length of the sentence associated with a conspiracy charge depends on several factors, including the nature and scope of the alleged conspiracy, the specific fraud offense involved, and the criminal history of the individuals involved. In some cases, conspiracy convictions can carry sentences of up to several decades in prison. In attorney Crystal Erlandsons recent conspiracy case, the client faced a maximum exposure of 20 years for his involvement in using stolen identities to fraudulently apply for EDD benefits during the COVID-19 pandemic.

Minimizing the Impact of These Charges

When facing conspiracy charges, it is crucial to take immediate action to protect your rights and minimize the impact on your life. Hiring an experienced criminal lawyer with a proven history of success in fighting conspiracy and fraud charges is essential. Your attorney will provide you with expert legal advice, guide you through the legal process, and fight tirelessly on your behalf.

Free San Diego Conspiracy Defense Consultation

If you or someone you know is facing accusations of conspiracy to commit fraud in San Diego, it is essential to seek the assistance of a skilled criminal attorney. At Sevens Legal, we understand the complexities of conspiracy cases and have the experience necessary to develop a robust defense strategy tailored to your specific situation. Contact us today for a free legal consultation to discuss your case and understand your options.

How to Contact Our Criminal Defense Attorneys

For professional legal representation in conspiracy cases, do not hesitate to contact Sevens Legal. Our team of experienced criminal defense lawyers is dedicated to protecting your rights and achieving the best possible outcome for your case. Call us today at (619) 430-2355 to learn more about our services and how we can assist you with your conspiracy defense.

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Alien Smuggling Defense Attorney San Diegohttps://www.sevenslegal.com/criminal-attorney/alien-smuggling-defense-attorney-san-diego/Mon, 08 Jan 2024 17:12:20 -0800https://www.sevenslegal.com/criminal-attorney/alien-smuggling-defense-attorney-san-diego/Alien smuggling is a serious federal crime with life-altering consequences. Contact us for help if you are facing charges for smuggling illegal aliens.Alien smuggling, a serious offense under federal law, has become an increasingly prevalent issue in San Diego. With its close proximity to the Mexican border, the city poses an opportunity for criminal organizations engaged in the illicit transportation of undocumented immigrants. As the demand for alien smuggling services continues to rise, it is crucial for individuals facing alien smuggling charges to understand the gravity of the situation and seek the expertise of an experienced federal criminal defense attorney. If you or someone you know has been charged with alien smuggling, conspiracy to transport aliens, or another related crime, contact Sevens Legal immediately for qualified legal help.

Key Takeaways

  • Alien smuggling, a serious offense under federal law, has become an increasingly prevalent issue in San Diego.

  • When facing charges related to the smuggling of illegal aliens or the transportation of undocumented immigrants, it is imperative to have a competent and knowledgeable legal representative by your side.

  • If you get caught transporting immigrants without proper legal documentation or authorization, you may face serious legal consequences.

  • The seriousness of the offense can result in significant penalties, including lengthy prison sentences, substantial fines, and other legal consequences.

Federal Alien Smuggling Defense in San Diego

When facing charges related to the smuggling of illegal aliens or the transportation of undocumented immigrants, it is imperative to have a competent and knowledgeable legal representative by your side. An experienced federal alien smuggling defense attorney possesses the expertise and understanding needed to navigate the intricacies of this serious criminal charge. With the stakes being so high, it is crucial to have a criminal lawyer who can effectively:

  • Protect your rights,

  • Challenge the evidence presented against you,

  • Build a robust defense strategy tailored to your unique circumstances,

  • Negotiate with prosecutors, and

  • Pursue alternative sentencing options.

Crystal Erlandsons Recent Win in Defending Conspiracy to Transport Aliens Case

Crystal Erlandson, a highly skilled federal criminal lawyer in San Diego, recently achieved a significant victory in a complex case involving conspiracy to transport aliens charges. Erlandsons client was arrested for allegedly recruiting others to smuggle undocumented immigrants across the border and faced charges of felony Conspiracy to Transport Aliens for Financial Gain. Such an offense is punishable by a maximum penalty of 10 years in federal prison and has a federal sentencing guideline range of 37 to 46 months. Thanks to the skill and expertise of attorney Crystal Erlandson and the Sevens Legal team, the client was sentenced to 10 months.

When facing charges related to smuggling illegal aliens or conspiracy to transport aliens, having an experienced federal criminal lawyer by your side can make all the difference. With attorney Erlandsons in-depth knowledge of federal laws and expertise in handling alien smuggling cases, she was able to provide her client with invaluable guidance and support throughout the legal process. Attorney Erlandson understands the severity of these types of federal charges and the potential consequences, and by leveraging her exceptional negotiation skills, she can secure the best possible outcome for her clients.

This recent win for attorney Crystal Erlandson further solidifies her reputation as a top defense lawyer in San Diego. With her extensive knowledge of the law and her dedication to protecting the rights of her clients, attorney Erlandson is an excellent choice for individuals facing alien smuggling charges in San Diego.

What is Alien Smuggling?

Alien smuggling refers to the illegal transportation of individuals across international borders. It involves bringing individuals into a country without complying with the proper legal protocols and required documentation. In the United States, alien smuggling is considered a federal crime and is governed by the laws outlined in 8 U.S. Code § 1324.

Smuggling Illegal Aliens

Smuggling illegal aliens encompasses various criminal activities related to bringing individuals into the United States unlawfully. This can include physically transporting undocumented immigrants, providing financial support for their transportation, or encouraging them to enter the country through illegal means. Smugglers may use various methods, such as hiding individuals in vehicles, evading border checkpoints, or utilizing illegal border crossing areas.

Transporting Undocumented Immigrants

Transporting undocumented immigrants involves the act of knowingly providing transportation to individuals who have entered or remained in the United States without proper legal status. This can include driving individuals across the border, transporting them within the country, or harboring them in vehicles or buildings. Those involved in transporting undocumented immigrants may face serious legal consequences under federal law.

Are Human Smuggling and Human Trafficking the Same?

While human smuggling and human trafficking may seem like similar offenses, there are significant differences between the two. Human smuggling generally involves facilitating the illegal entry of individuals into a country, often for financial gain. It is typically a consensual transaction between the smuggler and the person being smuggled. Human trafficking, on the other hand, involves the exploitation and coercion of individuals for purposes such as forced labor, sexual exploitation, or involuntary servitude.

What Happens if You Get Caught Transporting Immigrants?

If you get caught transporting immigrants without proper legal documentation or authorization, you may face serious legal consequences. In the United States, transporting undocumented immigrants is considered a federal offense under 8 U.S. Code § 1324. The specific penalties will depend on various factors, including the number of individuals transported, involvement in a larger smuggling operation, and the existence of aggravating factors such as violence or injury.

What is the Penalty for Transporting Illegal Immigrants?

The penalties for transporting illegal immigrants can be severe. Under federal law, the specific punishment will depend on the circumstances of the case. Generally, individuals convicted of transporting undocumented immigrants may face imprisonment, fines, and a potential criminal record. The severity of the penalties may increase if aggravating factors, such as endangerment or violence, are involved. It is crucial to consult with an experienced federal criminal attorney to understand the potential consequences of such an offense and develop a strong defense strategy.

Is Alien Smuggling a Felony?

Yes, alien smuggling is typically considered a felony offense under federal law. The seriousness of the offense can result in significant penalties, including lengthy prison sentences, substantial fines, and other legal consequences.

Can You Get Deported for Smuggling Aliens?

If you are a non-U.S. citizen and are convicted of smuggling aliens, you may face deportation or removal proceedings. Alien smuggling is considered a crime of moral turpitude and can lead to adverse immigration consequences. Non-citizens convicted of this offense may be deemed removable and could face deportation or other immigration consequences, even if they have legal status in the United States. If you find yourself in this situation, it is crucial to consult with an immigration attorney and a criminal defense lawyer to understand the potential immigration implications and develop the best possible defense against the charges.

Possible Defenses for Smuggling Illegal Aliens or Transporting Undocumented Immigrants

When facing charges of smuggling illegal aliens or transporting undocumented immigrants, it is essential to have a skilled federal criminal lawyer who can develop a robust defense strategy based on your unique situation. Some possible defenses include:

Lack of knowledge: Demonstrating that the defendant was unaware of the individuals immigration status or the illegal nature of their transportation.

Lack of intent: Arguing that the defendant did not have the intention to transport individuals unlawfully and did not knowingly engage in smuggling activities.

Constitutional violations: Challenging the legality of the search, seizure, or arrest, alleging violations of the defendant’s Fourth Amendment rights.

Insufficient evidence: Disputing the prosecution’s evidence and arguments, highlighting any weaknesses or inconsistencies in their case.

Coercion or duress: Presenting evidence that the defendant was forced or coerced into transporting individuals against their will.

These are just a few examples of potential alien smuggling defenses, and the most effective strategy will depend on the specific circumstances of each case. It is in your best interest to consult with a skilled federal criminal attorney to evaluate the best approach for your defense.

Free San Diego Human Smuggling Defense Consultation

If you or a loved one is facing charges related to alien smuggling, it is crucial to seek the assistance of a knowledgeable San Diego federal criminal defense attorney. Our experienced lawyers at Sevens Legal in San Diego offer a free legal consultation to discuss your case and provide guidance on the best course of action. Contact our firm at (619) 430-2355 to schedule your consultation today.

How to Contact Our Criminal Defense Attorneys

If you need a qualified criminal lawyer in San Diego to handle your alien smuggling defense or any other federal charge, Sevens Legal is here to help. Our team of talented attorneys will provide you with the personalized representation you deserve and fight vigorously to protect your rights. Contact Sevens Legal now at (619) 430-2355 for a free legal consultation.

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Legal Implications of a DUI Arrest in San Diegohttps://www.sevenslegal.com/criminal-attorney/consequences-of-a-dui-arrest/Sat, 30 Dec 2023 16:12:20 -0800https://www.sevenslegal.com/criminal-attorney/consequences-of-a-dui-arrest/Being arrested for a DUI in San Diego is a serious offense with significant legal and personal consequences. Call to find out how Sevens Legal can help.

Being arrested for a DUI in San Diego is a serious offense with significant legal and personal consequences. It is crucial to understand Californias DUI laws, charges, and potential penalties to navigate the legal system effectively and build a strong defense strategy. In this article, we will provide a comprehensive guide to defending against DUI charges in San Diego, including the importance of seeking quality legal representation and the long-term impact of a DUI conviction.

Key Takeaways

  • California has strict impaired driving laws to ensure public safety and deter individuals from driving under the influence.

  • It is unlawful for a person who is under the influence of any alcoholic beverage or who has a BAC of 0.08% or higher to drive a vehicle.

  • When charged with a DUI in California, you may face serious administrative and criminal penalties.

  • A skilled DUI defense attorney will employ various strategies to protect your rights and achieve the best possible outcome.

What are the DUI Laws in California?

California has strict impaired driving laws to ensure public safety and deter individuals from driving under the influence. The primary California Penal Code violations related to DUI offenses include:

California Vehicle Code section 23152(a): Driving Under the Influence (DUI) - It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.

California Vehicle Code section 23152(b): Driving with a BAC of 0.08% or Higher - It is unlawful for a person who has a blood alcohol concentration (BAC) of 0.08% or higher to drive a vehicle.

It is important to note that California also has a Zero Tolerance Law for drivers under the age of 21, setting the BAC limit at 0.01%.

Tips from San Diego Criminal Lawyer Jay Monico

In a recent video, criminal attorney Jay Monico provides insightful tips for individuals who are pulled over under suspicion of DUI in San Diego. With his extensive experience in criminal defense, attorney Monico emphasizes the importance of remaining calm and cooperative during the encounter with law enforcement. He advises drivers to be respectful, provide necessary documents such as driver’s license and registration, but exercise their right to remain silent and not answer any potentially incriminating questions. Jay also highlights the significance of not consenting to field sobriety tests or preliminary alcohol screening unless legally required. By following these tips, individuals can better navigate the legal implications of a DUI arrest in San Diego and protect their rights.

DUI Charges and Penalties in California

When charged with a DUI in California, you may face both administrative and criminal penalties. The administrative proceedings are handled by the California Department of Motor Vehicles (DMV), while the criminal charges are addressed in the court system.

The penalties for DUI convictions in San Diego can vary based on several factors, including prior DUI convictions and the specific circumstances of the offense. Let’s explore the potential penalties for different DUI charges:

First-Time DUI Offense:

  • Summary probation for three years

  • Fines ranging from $390 to $1,000, plus additional penalties and assessments

  • Jail time of 48 hours to 6 months

  • Completion of a three-month alcohol education program.

  • Mandatory installation of an ignition interlock device (IID) for six months

Second DUI Offense within 10 Years:

  • Summary probation for three to five years

  • Fines ranging from $390 to $1,000, plus additional penalties and assessments

  • Jail time of 96 hours to 1 year

  • Completion of an eighteen-month or thirty-month alcohol education program

  • Mandatory installation of an IID for one year

Third DUI Offense within 10 Years:

  • Summary probation for three to five years

  • Fines ranging from $390 to $1,000, plus additional penalties and assessments

  • Jail time of 120 days to 1 year

  • Completion of a thirty-month alcohol education program

  • Mandatory installation of an IID for two years

It is important to note that these penalties represent the minimum and maximum range of potential consequences. The specific penalties imposed will depend on the judge’s discretion and the circumstances of the case.

DUI Arrest vs Conviction

It’s important to understand the distinction between a DUI arrest and a DUI conviction. An arrest occurs when a law enforcement officer has probable cause to believe that you were driving under the influence. However, an arrest does not automatically result in a conviction.

To secure a conviction, the prosecution must prove your guilt beyond a reasonable doubt in a court of law. This requires presenting sufficient evidence, such as field sobriety test results, chemical test results, and officer observations, to convince the judge or jury of your guilt.

After a DUI arrest in San Diego, you will face both administrative proceedings with the DMV and criminal proceedings in the court system. It is crucial to take immediate action and understand the necessary steps to navigate the legal system effectively. This may include:

  • Requesting a DMV hearing

  • Retaining a skilled DUI defense attorney

  • Gathering evidence to challenge the prosecutions case

  • Developing a defense strategy

Building a Strong Defense Strategy

Building a strong defense strategy is crucial to effectively challenge DUI charges in San Diego. A skilled DUI defense attorney will employ various strategies to protect your rights and achieve the best possible outcome. Some common defense strategies include:

  • Challenging the DUI stop

  • Questioning the field sobriety tests

  • Disputing the chemical test results

  • Investigating Constitutional violations

  • Exploring alternative explanations for observed symptoms of impairment

These defense strategies can be tailored to the specific circumstances of your case to undermine the prosecution’s evidence and strengthen your defense.

When facing DUI charges in San Diego, it is crucial to seek legal assistance from an experienced DUI defense attorney. Defending against DUI charges requires specialized knowledge of California’s DUI laws, legal procedures, and defense strategies. A skilled DUI defense attorney can thoroughly analyze the details of your case, advocate for your rights, represent you in court, negotiate with the prosecution, and identify potential defense strategies.

Choosing the Right DUI Defense Lawyer

Having a dedicated and knowledgeable attorney by your side can make a significant difference in the outcome of your case. When faced with a DUI charge, you need a criminal lawyer who has extensive knowledge and expertise, a clear understanding of local laws and procedures, excellent negotiation skills, a good reputation, superb communication skills, and proven courtroom experience.

Understanding the Long-Term Impact of a DUI Conviction

A DUI conviction in San Diego can have long-lasting consequences that extend beyond the immediate penalties, including a potential criminal record, issues with employment and professional licensing, increased auto insurance rates, and installation of an ignition interlock device (IID), among other consequences. Acknowledging the potential long-term impact of a DUI conviction highlights the importance of mounting a strong defense and seeking quality legal representation.

Free San Diego DUI Consultation

If you are facing DUI charges in San Diego, it is essential to seek legal assistance as soon as possible. The consequences of a DUI conviction can be severe, affecting your personal and professional life for years to come. By consulting with an experienced DUI defense attorney, you can better understand your rights, potential defenses, and the best course of action moving forward.

At Sevens Legal, we understand the urgency and seriousness of DUI cases. We offer free legal consultations to review your case, discuss your options, and provide guidance tailored to your specific circumstances. Our dedicated team of DUI defense attorneys will fight passionately to protect your rights and achieve the best possible outcome for your case.

How to Contact Our Criminal Defense Attorneys

If you are facing DUI charges in San Diego, do not hesitate to contact Sevens Legal for a free legal consultation. Call us today at (619) 430-2355 to schedule your consultation and take the first step towards building a strong defense against DUI charges. Remember, time is of the essence, so don’t delay in seeking the legal assistance you need.

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What to do if you get pulled over for DUI in Californiahttps://www.sevenslegal.com/criminal-attorney/what-to-do-if-you-get-pulled-over-for-dui-in-california/Fri, 22 Dec 2023 16:12:20 -0800https://www.sevenslegal.com/criminal-attorney/what-to-do-if-you-get-pulled-over-for-dui-in-california/In California, the consequences of a DUI conviction can be severe and long-lasting. Contact our San Diego DUI defense attorneys today for legal help.

Being pulled over for driving under the influence (DUI) can be a stressful and daunting experience. In California, the consequences of a DUI conviction can be severe, including hefty fines, license suspension, and even jail time. As a responsible driver, it is essential to be aware of your rights and know how to handle a DUI traffic stop. In this article, we will provide valuable tips and insights to help you navigate the process if you find yourself in this challenging situation.

Remember, it is crucial to understand your rights and take action to protect them if you are pulled over for a DUI in California. By staying calm, exercising your rights, and seeking legal representation, you can navigate the legal process and work towards the best possible outcome for your case.

Key Takeaways

  • In California, the consequences of a DUI conviction can be severe, including hefty fines, license suspension, and even jail time.

  • As a responsible driver, it’s essential to be aware of your rights and know how to handle a DUI traffic stop.

  • Understanding your rights, knowing what to do, and seeking legal counsel are crucial steps to protect yourself and your future when faced with a DUI stop in California.

  • If you are pulled over and arrested for a DUI in California, there are steps you can take to protect your rights and navigate the legal process.

Driving Under the Influence (DUI) Laws in California

Driving under the influence of alcohol or drugs is a serious offense in California. The state has some of the strictest DUI penalties in the nation. If you find yourself being pulled over on suspicion of DUI in California, it is important to know your rights and how to handle the situation.

What is California’s DUI Limit?

In California, the legal limit for blood alcohol concentration (BAC) is 0.08% for drivers over the age of 21. For drivers under 21, the legal limit is 0.01%. It’s important to note that even if your BAC is below the legal limit, you can still be charged with a DUI if the officer believes you are impaired.

Understanding Your Rights During a DUI Stop

When you are pulled over for a DUI in California, you have certain rights that you should be aware of. These include the following:

Your Right to Remain Silent

You have the right to remain silent during a DUI stop. You are not obligated to answer any questions regarding your activities earlier in the day or evening or to inform the officer about any substances you might have consumed. It is best to politely decline to answer these questions and exercise your right to remain silent.

Your Right to Refuse Field Sobriety Tests

In California, you are not legally required to undergo field sobriety tests (FSTs). These tests, which assess balance, coordination, and the ability to follow directions, can be subjective and may not accurately measure impairment. It is within your rights to politely decline to take these tests and explain to the officer that they are not required by California law.

If you are arrested for a DUI, it is important to remember that you have the right to legal representation. It is advisable to contact a San Diego DUI attorney as soon as possible to ensure that your rights are protected throughout the legal process.

What to Do if the Police Request a Field Sobriety Test

If the police officer requests that you perform a field sobriety test, it is important to understand what this test is meant to assess and what your options are for responding to the police.

What is a Field Sobriety Test?

A field sobriety test is a series of physical tests designed to assess impairment. These tests can include standing on one leg, walking in a straight line, or following an object with your eyes. The results of these tests can be used as evidence of impairment in a DUI case.

Your Options When Asked to Perform a FST

When asked to perform a field sobriety test, you have a few options. You can choose to comply with the officer’s request and perform the test. However, it’s important to note that these tests are subjective and can be difficult to pass even when sober. Alternatively, you can politely decline to take the test and explain to the officer that you believe it is not a reliable indicator of impairment.

Consequences of Refusing or Agreeing to the Test

It’s important to weigh the potential consequences of refusing or agreeing to a field sobriety test. Refusing to take the test can result in the officer using other evidence, such as your driving behavior or the smell of alcohol, to establish probable cause for an arrest. On the other hand, agreeing to the test can provide the officer with evidence of impairment that can be used against you in court.

Consequences for Your License During a DUI Stop

Automatic License Suspension

When you are arrested for a DUI in California, your drivers license is automatically suspended. This suspension is separate from any suspension or revocation that may result from a conviction.

Administrative Per Se Hearing Process

To challenge the automatic license suspension, you must request an Administrative Per Se (APS) hearing within 10 days of your arrest. During this hearing, you can present evidence and arguments to try to retain your driving privileges.

Ignition Interlock Device Requirements

In some cases, you may be required to install an ignition interlock device (IID) in your vehicle. This device measures your BAC before allowing the vehicle to start. If your BAC is above the programmed limit, the vehicle will not start.

Steps to Take After a DUI Stop

If you are pulled over and arrested for a DUI in California, there are steps you can take to protect your rights and navigate the legal process.

Contacting a San Diego DUI Attorney

It is crucial to contact a skilled San Diego DUI attorney as soon as possible after your DUI arrest. An experienced lawyer can guide you through the legal process, protect your rights, and work toward the best possible outcome for your case.

Your attorney will explain the legal process and help you understand the charges against you. They will review the evidence, assess the strength of the prosecution’s case, and develop a defense strategy tailored to your specific circumstances.

Avoiding Self-Incrimination

Throughout the DUI process, it is important to avoid self-incrimination. This means exercising your right to remain silent and not providing any statements or information that could be used against you in court.

Advice from Experienced Criminal Attorneys

In one of our latest videos, criminal lawyer Jay Monico shares his top tips for individuals who find themselves pulled over under suspicion of DUI in California. The video addresses the nuances of DUI stops and the potential consequences individuals may face if they fail to properly exercise their rights, emphasizing the importance of seeking legal assistance from skilled DUI attorneys.

Attorneys Monico delves into effective strategies for navigating a DUI stop in California, including politely declining to perform field sobriety tests or answer any questions without an attorney present. He highlights the value of understanding the strategies police use to get an arrest and the potential penalties associated with a DUI.

This video provides invaluable insights for individuals facing DUI charges in San Diego and serves as a resource for navigating the legal complexities associated with such cases, ultimately empowering viewers with the knowledge to protect their rights and make informed decisions.

Free San Diego DUI Consultation

If you have been arrested for a DUI in San Diego, it is important to seek legal guidance as soon as possible. Our San Diego DUI attorneys at Sevens Legal offer free consultations to discuss your case and provide guidance on the best course of action.

How to Contact Our Criminal Defense Attorneys

If you need legal representation for a DUI case in San Diego, you can contact Sevens Legal to set up a free consultation. Our experienced criminal defense lawyers are ready to protect your rights. You can reach us by calling (619) 430-2355.

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Military and Mental Health Diversion Programs Explainedhttps://www.sevenslegal.com/criminal-attorney/military-and-mental-health-diversion-programs-explained/Fri, 22 Dec 2023 16:12:16 -0800https://www.sevenslegal.com/criminal-attorney/military-and-mental-health-diversion-programs-explained/Depending on the specifics of your case, you may qualify for diversion as an alternative to incarceration. Contact us to explore your diversion options.

It is essential to understand the various diversion programs available to individuals facing legal charges in California, as these programs can serve as an alternative to incarceration. In this article, we will explore the concepts of military diversion, Veterans Court, mental health diversion, and drug court programs. By understanding these programs, you can better navigate the legal system and explore alternatives to traditional court proceedings.

Key Takeaways

  • Diversion programs offer individuals charged with nonviolent offenses an opportunity to receive treatment and rehabilitation instead of facing traditional criminal prosecution.

  • These programs aim to address underlying issues such as substance abuse, mental health disorders, or trauma that may have contributed to the alleged offenses.

  • By participating in diversion programs, individuals can avoid incarceration and work towards rebuilding their lives.

Whats a Diversion Program?

Diversion programs offer individuals charged with nonviolent offenses an opportunity to receive treatment and rehabilitation instead of facing traditional criminal prosecution. These programs aim to address underlying issues such as substance abuse, mental health disorders, or trauma that may have contributed to the alleged offenses. By participating in diversion programs, eligible individuals can avoid incarceration and work towards rebuilding their lives.

Understanding Veterans Court

One specific type of diversion program is Veterans Treatment Court, which focuses on assisting current or former members of the military who are facing criminal charges not related to serious or violent felonies, strikes, or sexual abuse. Veterans Court is a specialized court program providing support to individuals who may be suffering from trauma, substance abuse, or mental health disorders due to their military service.

What is the Purpose of Veterans Court?

Veterans Court operates as a collaborative effort between various agencies, including the Probation Department, Superior Court, Private Defender Program, District Attorney’s Office, Behavioral Health and Recovery Services, and the Department of Veterans Affairs. The primary goal of Veterans Court is to provide eligible veterans with the necessary resources and support to address the root causes of their offenses. By offering counseling, treatment, and supervision, Veterans Court aims to promote rehabilitation and reduce the likelihood of future criminal behavior.

Eligibility Criteria for Veterans Court

To be eligible for Veterans Court, individuals must meet specific criteria. The court must determine that the defendant is a current or former United States military member. Additionally, the defendant must demonstrate that they may be suffering from conditions such as sexual trauma, traumatic brain injury, post-traumatic stress disorder (PTSD), substance abuse, or mental health problems as a result of their military service.

The eligibility assessment process involves evaluating the defendant’s military service record, medical history, and any supporting evidence provided by mental health professionals. It is important to consult with a criminal defense attorney experienced in Veterans Court cases to determine eligibility and navigate the application process successfully.

Exploring Military Diversion Programs

In addition to Veterans Court, military diversion programs may be available to low-level, non-recidivist veteran and active military offenders service members facing first-time misdemeanor charges. These programs offer an alternative to traditional court proceedings and focus on providing rehabilitative education and resources to address the underlying issues related to the alleged offenses.

Overview of Military Diversion

The primary objective of military diversion is to assist defendants who may be suffering from one or more qualifying mental health conditions related to their military service. Participants in military diversion attend court review hearings and work towards successful completion of the program, typically through alcohol/substance use and mental health treatment.

Upon successful completion of the program, participants’ charges are dismissed, allowing them to move forward with their lives. Military diversion programs provide service members with an opportunity to address underlying issues, receive the necessary support, and ultimately reintegrate into society successfully.

Benefits of Military Diversion for Service Members

Military diversion programs offer several benefits to service members facing criminal charges. These programs recognize the unique challenges faced by military personnel and aim to provide appropriate support and treatment. By participating in military diversion, service members can:

  • Address underlying issues: Military diversion programs focus on the specific needs of service members, taking into account the potential impact of military service on mental health and well-being. By addressing trauma, substance abuse, and mental health disorders, participants can work toward healing and rehabilitation.

  • Avoid incarceration: Military diversion programs offer an alternative to traditional incarceration. Instead of serving time in jail, participants receive the treatment and support they need. This approach prioritizes rehabilitation and offers individuals a chance to rebuild their lives.

  • Access specialized resources: Military diversion programs provide access to resources tailored to the unique needs of service members. Participants may receive counseling, treatment through the Department of Veterans Affairs, and other support services specific to their military experience.

  • Move forward with their lives: Upon successful completion of the program, participants’ charges are dismissed. This dismissal allows individuals to move forward with their lives without the burden of a criminal record.

Mental Health Diversion Programs

Alongside military diversion programs, mental health diversion programs provide an alternative approach for individuals with mental health disorders who are facing criminal charges. These programs recognize the impact of mental health on criminal behavior and similarly aim to address the underlying issues through treatment and rehabilitation.

The intersection of mental health and the legal system is complex. Many individuals facing criminal charges have underlying mental health disorders that may contribute to their involvement in illegal activities. Mental health diversion programs acknowledge this connection and seek to provide appropriate treatment and support to address these underlying issues.

Types of Mental Health Diversion Programs

Mental health diversion programs can take various forms, depending on the jurisdiction and the specific needs of the individual. Some common types of mental health diversion programs include:

  • Pretrial diversion: Similar to military diversion programs, pretrial diversion allows individuals to receive treatment before entering a guilty plea. Upon successful completion of the program, charges may be dismissed.

  • Post-plea diversion: In post-plea diversion programs, individuals enter a guilty plea before beginning treatment. Successful completion of the program can lead to the dismissal of charges.

  • Post-adjudication diversion: This type of program is designed for repeat offenders. Participants receive treatment instead of incarceration, but failure to complete the program may result in sentencing.

The specific structure and requirements of mental health diversion programs may vary by jurisdiction. It is crucial to consult with an experienced criminal defense attorney to determine eligibility and navigate the application process successfully.

Effectiveness of Mental Health Diversion

Research has demonstrated that mental health diversion programs can lead to reduced recidivism rates, improved mental health outcomes, and increased access to appropriate treatment and support for individuals with mental health disorders. By providing individuals with the necessary resources and interventions, mental health diversion programs strive to break the cycle of criminal behavior and promote rehabilitation.

Rehabilitation Through Drug Court

In addition to military and mental health diversion programs, drug court programs play a vital role in the criminal justice system. Drug courts focus on individuals facing drug-related offenses and aim to address substance abuse issues through treatment, supervision, and support.

What is Drug Court?

Drug court is a specialized court program that provides an alternative to traditional criminal proceedings for individuals charged with drug-related offenses. The primary objective of drug court is to promote rehabilitation and reduce recidivism by identifying and addressing the underlying issues of substance abuse.

Drug court programs operate under the premise that treatment and support are more effective than incarceration in addressing drug addiction. By combining close supervision, drug testing, counseling, and treatment programs, drug courts aim to help participants overcome their addictions and rebuild their lives.

Role of Drug Court in the Criminal Justice System

Drug courts operate within the criminal justice system but take a different approach than traditional courts. Instead of focusing solely on punishment, drug courts prioritize rehabilitation and provide participants with the necessary tools and support to manage their substance abuse issues.

Participants in drug court programs are closely monitored, undergo regular drug testing, attend counseling sessions, and may be required to participate in drug treatment programs. The court works collaboratively with treatment providers, probation officers, and other professionals to support participants’ recovery and provide guidance throughout the process.

Treatment Options and Support

Drug court programs offer a range of treatment options and support services tailored to the needs of participants. These may include:

  • Substance abuse counseling: Participants receive individual and group counseling sessions to address the underlying causes of their substance abuse and develop strategies for maintaining sobriety.

  • Rehabilitation programs: Drug court programs may require participants to complete inpatient or outpatient rehabilitation programs to address their substance abuse issues comprehensively.

  • Supervision and monitoring: Participants are closely supervised by probation officers and drug court staff to ensure compliance with program requirements and provide support throughout their recovery journey.

  • Supportive services: Drug court programs may offer access to additional resources such as vocational training, education programs, and housing assistance to support participants’ successful reintegration into society.

Alternatives to Incarceration for Accused Individuals

Diversion programs, including military diversion, mental health diversion, and drug court programs, offer alternatives to traditional incarceration for individuals facing criminal charges. These programs recognize that punishment alone may not address the underlying issues that contribute to criminal behavior, such as trauma, mental health disorders, or substance abuse. These alternatives prioritize healing, recovery, and addressing the root causes of offenses, ultimately fostering positive change and reducing the likelihood of future criminal behavior.

Guidance from San Diego Criminal Lawyer Jay Monico

Navigating the legal system can be complex, especially when facing criminal charges. It is crucial to seek guidance from experienced criminal defense attorneys who can provide personalized advice and representation.

In one of our latest videos, Jay Monico, a San Diego criminal lawyer with extensive experience in diversion programs and a former Marine himself, discusses the various diversion programs that may apply to your criminal case.

Attorney Jay Monico has a deep understanding of the military diversion, mental health diversion, and drug court programs available in San Diego. With his expertise, he can help you understand your legal options and advocate for your rights, ensuring the best possible outcome for your case.

Free San Diego Diversion Consultation

If you or a loved one is facing criminal charges in San Diego and you want to explore your diversion program options, contact Sevens Legal today for a free consultation. Our team of dedicated criminal defense attorneys can assess your case, provide expert advice, and help you navigate the complexities of diversion programs.

How to Contact Our Criminal Defense Attorneys

To schedule a free legal consultation with our criminal defense lawyers, call Sevens Legal at (619) 430-2355. Our team is available to answer your questions, provide guidance, and advocate for your rights throughout the legal process.

FAQs About Diversion Programs

Do Diversion Programs Work?

Diversion programs have shown promising results in reducing recidivism rates and addressing the underlying issues that contribute to criminal behavior. By providing treatment, support, and rehabilitation, these programs offer individuals an opportunity to break free from the cycle of criminal behavior and rebuild their lives.

Do Diversion Programs Clear Your Record?

Successful completion of diversion programs can lead to the dismissal of criminal charges and the sealing of records, depending on the specific program and jurisdiction. Consult with a criminal defense attorney to understand the potential impact on your record and eligibility for record sealing.

Is a Diversion Program a Conviction?

Diversion programs typically result in the dismissal of criminal charges upon successful completion of the program. This dismissal means that you will not have a conviction on your record, allowing you to move forward without the burden of a criminal record.

Which Diversion Program Do I Qualify For?

Eligibility for diversion programs, such as military diversion, mental health diversion, and drug court programs, depends on various factors, including the nature of the offenses and individual circumstances. Consult with a criminal defense attorney experienced in diversion programs to determine the most suitable option for your case.

When are Diversion Programs Most Effective?

Diversion programs are most effective when individuals actively engage in treatment, counseling, and support services offered by the programs. By fully participating and embracing the opportunities for rehabilitation, individuals can maximize the benefits and increase their chances of successful completion.

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Molestation Defense Attorney San Diegohttps://www.sevenslegal.com/criminal-attorney/molestation-defense-attorney-san-diego/Fri, 08 Dec 2023 16:07:20 -0800https://www.sevenslegal.com/criminal-attorney/molestation-defense-attorney-san-diego/Sex crime accusations, especially those involving child molestation, can have severe consequences on an individual's life. Call us now for legal help.Defending Against Sex Crime Charges: How to Prove Innocence When Falsely Accused of Molestation

Sex crime accusations, especially those involving child molestation, can have severe consequences on an individual’s life and reputation. Unfortunately, false accusations of molestation occur more often than many people realize. These allegations can lead to devastating consequences, including criminal charges, potential imprisonment, and long-term registration as a sex offender. If you find yourself facing false accusations of molestation in San Diego, it is crucial to understand how to navigate the legal system and prove your innocence. Hiring a skilled San Diego sex crimes defense attorney is the first and most important step to protect your rights and mount a strong legal defense. Contact our criminal lawyers at (619) 430-2355 today if you have been falsely accused of child molestation.

Key Takeaways

  • Sex crime accusations, especially those involving child molestation, can have severe consequences on an individual’s life and reputation.

  • False accusations of molestation occur more often than many people realize.

  • These false accusations can arise due to various reasons, including misunderstandings, personal vendettas, or even manipulation by the accuser.

  • Molestation allegations can lead to devastating consequences, including criminal charges, potential imprisonment, and long-term registration as a sex offender.

  • When facing false accusations of molestation, it is vital to build a strong defense strategy to prove your innocence.

  • Hiring a skilled San Diego sex crimes defense attorney is the first and most important step to protect your rights and mount a strong defense.

False Accusations in Sex Crime Cases

Sex crimes like child molestation are heinous crimes that cause immense harm to victims. It is crucial to provide sex crime victims with the support they need and advocate for their rights. While it is essential to take all allegations of sex crimes seriously, it is important to recognize that false accusations can occur. False accusations of molestation can stem from various motives. In some cases, individuals make false accusations during contentious custody battles or divorce proceedings to gain an advantage. Others may seek revenge or attempt to deliberately damage someone’s reputation. False memories or suggestibility can also lead to wrongful accusations of molestation. Understanding the potential motives behind false accusations can help in building a strong defense strategy.

Consequences of Child Molestation Allegations

What is Child Molestation?

Molestation refers to any unwanted sexual contact or behavior involving a child or minor. It can encompass a wide range of actions, from inappropriate touching to engaging in sexual acts with a minor. Molestation is a serious offense with severe legal consequences.

California has specific laws, such as Penal Code 288(c)(1) and Penal Code 289(h), that address child molestation. These laws define the crime, establish penalties, and outline the potential consequences of a conviction.

PC 288(c)(1)

Under California Penal Code 288(c)(1), it is a crime to commit a lewd or lascivious act on a child under the age of 14. This offense is considered a felony and carries significant penalties, including imprisonment and mandatory registration as a sex offender.

PC 289(h)

Penal Code 289(h) addresses the crime of forcible penetration with a foreign object. This offense is also considered a felony and can result in severe penalties, including imprisonment and sex offender registration.

Penalties Associated with Sex Crimes Involving Minors

As noted above, sex crimes involving minors, such as molestation, carry significant penalties in California. The specific penalties depend on the nature of the offense, the age of the victim, and the defendant’s prior criminal history. Convictions for child molestation can result in lengthy prison sentences, substantial fines, and mandatory registration as a sex offender.

Will I Lose Custody for False Accusations?

False accusations of molestation can have significant implications for child custody cases. Accusations of child molestation can impact a parent’s custody rights, visitation arrangements, and overall parental responsibilities. It is crucial to work closely with an experienced criminal lawyer to protect your parental rights and present a strong defense against false accusations.

Building a Strong Defense Strategy Against Molestation Charges

When facing false accusations of molestation, it is vital to build a strong defense strategy to prove your innocence. Working with a skilled sex crimes defense attorney who understands the gravity of sex crime allegations can significantly increase your chances of a favorable outcome. Your attorney will guide you through the legal process and help you navigate the complexities of the criminal justice system.

Immediately upon being falsely accused of molestation, it is crucial to seek legal representation from a knowledgeable and tenacious criminal defense attorney. It is in your best interest to contact an attorney with experience in defending individuals accused of sex crimes, particularly child molestation. Your attorney will provide guidance, protect your rights, and build a robust defense strategy tailored to your specific case.

Gathering Evidence to Support Your Innocence

Evidence plays a crucial role in proving your innocence. This may include phone records, emails, text messages, or any other form of communication that can establish an alibi or show your lack of involvement. Your attorney will work with you to gather evidence that supports your version of events and challenges the accusations against you.

Challenging Inconsistent or Inaccurate Testimony

Identifying Discrepancies in the Accuser’s Statements

If you have been falsely accused of a sex crime, challenging the evidence against you is key. Your attorney will carefully analyze the accuser’s statements about the alleged offense and look for inconsistencies or inaccuracies that can cast doubt on their credibility. They may also investigate the accuser’s background and relationships, seeking any evidence of bias or ulterior motives.

Presenting Evidence that Contradicts the Accuser’s Claims

Identifying discrepancies in the accuser’s testimony can significantly weaken the prosecution’s case. Your attorney will help you present evidence that contradicts the accuser’s claims against you. This may include text messages, emails, or social media posts that show a different narrative or context than what the accuser alleges.

Establishing an Alibi and Raising Reasonable Doubt

An alibi can serve as the strongest defense in disproving a molestation accusation. If you are facing false accusations of molestation, your attorney will work to establish a strong alibi by presenting evidence that proves you were somewhere else during the time of the alleged incident and therefore could not have committed the crime. By raising reasonable doubt about your involvement, your attorney can create a compelling defense strategy.

Collecting Evidence of Your Whereabouts

Providing evidence of your whereabouts and activities during the time of the alleged molestation is crucial. This evidence may include phone records, GPS data, or witness testimony that supports your claim of innocence.

Locating Witnesses or Surveillance Footage

If you were in a public place or under surveillance during the alleged incident, footage or witnesses can provide strong evidence in your favor. Your attorney can investigate whether such evidence exists and use it to challenge the prosecution’s case.

Utilizing Expert Witnesses and Forensic Evidence

Presenting Expert Testimony to Challenge the Prosecution’s Case

In some cases, expert witnesses can provide valuable testimony that supports your defense. Forensic experts, psychologists, or medical professionals can prepare scientific analyses or psychological evaluations and present their findings and opinions in court. Expert testimony can present alternative explanations for the evidence against you and strengthen your defense.

How Forensic Evidence Can Work in Your Favor

Forensic evidence, such as DNA analysis or medical examinations, can also be crucial in proving your innocence. Your attorney will work to gather and present any relevant forensic evidence that supports your defense.

Building a Supportive Defense Team

When facing false accusations of molestation, it is crucial to build a supportive defense team that includes a skilled criminal defense attorney, investigators, expert witnesses, and other professionals. Your defense team will work together to gather evidence, challenge the prosecution’s case, and advocate for your rights throughout the legal process.

How a Skilled Criminal Defense Lawyer Can Help

A skilled criminal lawyer with a background in sex crimes defense can provide invaluable support and guidance throughout your case. They will ensure that your rights are protected, help you understand the charges you are facing, and develop a strong defense strategy tailored to your situation. With their expertise and knowledge of the criminal justice system, they will fight vigorously to prove your innocence.

Insights from Attorney Jay Monicos Recent Molestation Case

In a recent sex crime case argued by criminal attorney Jay Monico, the client was accused of molestation involving his teenage stepdaughter. The client vehemently denied the allegations but was ultimately charged with several counts of PC 288(c)(1) and one count of PC 289(h) based on the stepdaughters claims. During the trial, it was revealed that the mother had given the stepdaughter a margarita on the day of the arrest and that the stepdaughter had been engaging in inappropriate conversations on social media with older boys. Additionally, the mother admitted during an interview with the defense that her stepdaughters had a history of lying.

From day one, the client professed his innocence. In court, the stepdaughter admitted that he was a devoted and structured parent who enforced the rules at home. She expressed anger towards him for denying her braces and insisting that she join JROTC due to her grades. Attorney Jay Monico argued that the stepdaughter resented her mother’s relationship with the accused, felt left out because her siblings didn’t share her last name, and was upset about the defendant taking away her phone and not allowing her to get braces. Ultimately, the defendant was found not guilty on three counts, while the remaining two counts resulted in hung juries with votes of 8-4 and 9-3 for not guilty.

We recognize that the impact of child molestation charges on individuals and families is a difficult and sensitive topic. While we wish to recognize attorney Jay Monico and the Seven Legal team for their crucial work in obtaining a not-guilty verdict in this case, we acknowledge the deeply distressing nature of these allegations. We remain committed to providing compassionate legal representation and support to those who find themselves entangled in such cases. Our firm stands against any form of abuse and is dedicated to upholding justice and protecting the rights of all individuals involved. If you or someone you know needs legal guidance, we’re here to help.

Free San Diego Sex Crimes Defense Consultation

Being falsely accused of child molestation is a serious matter that requires immediate action. By hiring an experienced San Diego sex crimes lawyer and following the steps outlined above, you can increase your chances of proving your innocence. At Sevens Legal, we understand the complexities and challenges associated with defending against sex crime charges like child molestation. Our experienced criminal lawyers in San Diego are here to provide a free legal consultation and guide you through the legal process. Remember, each case is unique, and it’s essential to consult with a skilled attorney who can tailor a defense strategy based on the specific circumstances of your case.

How to Contact Our Criminal Defense Attorneys

If you or someone you know is facing false accusations of molestation, it is crucial to contact an experienced criminal defense lawyer immediately. Our team at Sevens Legal is dedicated to defending individuals facing sex crime charges and will work tirelessly to protect your rights. Contact us today at (619) 430-2355 for a free legal consultation. We are here to help you navigate the legal system and fight to prove your innocence.

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Sevens Legal Named Best Criminal Defense Firm in San Diegohttps://www.sevenslegal.com/criminal-attorney/best-criminal-defense-firm-in-san-diego/Fri, 01 Dec 2023 16:16:06 -0800https://www.sevenslegal.com/criminal-attorney/best-criminal-defense-firm-in-san-diego/When it comes to fighting criminal charges, you deserve the best. Contact San Diego’s top criminal defense firm today for skilled legal assistance.Sevens Legal is proud to announce that it has been voted the Best Criminal Defense Firm in San Diego in the 2023 San Diego’s Best Union-Tribune Readers Poll. This prestigious recognition is a testament to our firm’s commitment to providing exceptional legal representation to clients facing criminal charges in San Diego. With a team of highly skilled and experienced criminal defense attorneys, Sevens Legal has established itself as the go-to firm for individuals seeking the best possible defense in their cases.

Key Takeaways

  • Sevens Legal has been voted the Best Criminal Defense Firm in San Diego in the 2023 San Diego’s Best Union-Tribune Readers Poll.

  • Sevens Legal has built a reputation as one of the leading criminal defense firms in San Diego.

  • With over a decade of experience representing clients in criminal defense matters, our criminal lawyers continually strive for excellence, professionalism, and successful results.

  • When facing criminal charges, choosing the right attorney can make all the difference in the outcome of your case.

  • A skilled criminal defense attorney will have the knowledge, experience, and resources necessary to build a strong defense on your behalf.

At Sevens Legal, we understand that being accused of a crime can be a daunting and overwhelming experience. Our mission is to guide our clients through the legal process, protect their rights, and fight for the best possible outcome in their cases. With over a decade of experience representing clients in criminal defense matters, our criminal lawyers continually strive for excellence, professionalism, and successful results.

Overview of Sevens Legal’s Experience and Reputation

Sevens Legal has built a reputation as one of the leading criminal defense firms in San Diego. Our team of dedicated attorneys has over 50 years of combined experience in a wide range of criminal cases, from DUI and drug offenses to assault and domestic violence charges. We have a deep understanding of the California legal system and utilize our knowledge and expertise to develop effective defense strategies for our clients.

Importance of Choosing a Skilled Criminal Lawyer

When facing criminal charges, choosing the right attorney can make all the difference in the outcome of your case. A skilled criminal defense lawyer will have the knowledge, experience, and resources necessary to build a strong defense on your behalf. The right attorney will work tirelessly to ensure that your rights are protected, investigate all possible avenues for defense, and assist you in navigating the complexities of the criminal justice system.

2023 San Diegos Best Readers Poll

The San Diego’s Best Union-Tribune Readers Poll is an annual event that recognizes the top businesses and service providers in the San Diego area. The poll allows readers to vote for their favorite local businesses, including those in the legal field. Sevens Legal is honored to have been selected as the Best Criminal Defense Firm in San Diego by the readers of the Union-Tribune.

What Does it Mean to Win Best Criminal Defense Firm?

In the field of criminal defense law, the San Diego’s Best Readers Poll recognizes outstanding law firms that have gained the trust and support of the community. This prestigious accolade serves as a testament to the quality of the legal services provided by San Diegos most reputable firms. Winning criminal defense firms are known for their expertise, dedication, and commitment to helping individuals facing criminal charges. The poll serves as a valuable resource for individuals seeking reliable and highly regarded criminal defense lawyers in San Diego.

Being named the Best Criminal Defense Firm in San Diego is an indication of Sevens Legal’s commitment to providing exceptional legal representation and achieving successful outcomes for our clients. It is a recognition of the trust and confidence that the San Diego community places in our firm. Winning this award reaffirms our dedication to upholding the highest standards of legal excellence and serving our clients with integrity and professionalism.

Sevens Legal is a premier criminal defense firm serving the legal needs of clients throughout San Diego County. Our team of experienced attorneys is dedicated to providing personalized and effective legal representation to individuals facing criminal charges. Our goal is to protect our clients’ rights, fight for the best possible outcome in their cases, and provide them with the support and guidance they need during this challenging time.

At Sevens Legal, we believe that our clients deserve the best possible defense. To that end, we are committed to providing aggressive and strategic representation, utilizing our extensive knowledge of criminal law and our experience in the San Diego legal system. Our criminal attorneys are known for their attention to detail, thorough preparation, and unwavering dedication to achieving the best results for our clients. We understand the impact that criminal charges can have on our clients’ lives, and we are here to provide the support and guidance they need throughout the legal process.

As the largest criminal defense firm in San Diego, Sevens Legal provides unparalleled legal representation in a wide range of criminal cases. The following are some examples of criminal charges we have defended clients against:

Our attorneys have a deep understanding of the laws and procedures surrounding these types of crimes and will work tirelessly to build a strong defense strategy tailored to the specific circumstances of your case.

When it comes to fighting criminal charges, Sevens Legal stands out as the best choice in San Diego. With a team of experienced and dedicated criminal defense attorneys, we are committed to protecting the rights and interests of our clients. Whether it’s a DUI, drug offense, or a serious felony, we will go above and beyond to provide superior legal representation and strategic defense strategies in the pursuit of justice. With our extensive experience, reputation for excellence, and proven track record of achieving successful outcomes for our clients, Sevens Legal stands out as the top choice for criminal defense in San Diego.

Samantha Greene - Certified Criminal Law Specialist

Another advantage of choosing our firm lies in the expertise of Samantha Greene, a Sevens Legal attorney recognized as a Criminal Law Specialist by the California State Bar. This certification is a testament to Ms. Greenes exceptional knowledge, skill, and experience in the field of criminal law. With her unique expertise, she provides invaluable support to our clients, ensuring that their rights are protected every step of the way. .

Aggressive Defense Strategies Tailored to Your Case

Sevens Legal understands the gravity of criminal charges and the potential consequences they carry. Our experienced criminal attorneys in San Diego are dedicated to developing aggressive defense strategies tailored to your specific case. We will thoroughly analyze the evidence, interview witnesses, and challenge any weak points in the prosecution’s case. Our goal is to protect your rights, minimize the potential penalties, and work towards having the charges reduced or dropped altogether. With our expertise and track record of success, you can trust us to fight vigorously for your best interests.

Compassionate Guidance and Personalized Attention

At Sevens Legal, we believe in providing compassionate guidance and personalized attention to our clients throughout the legal process. We understand that facing criminal charges can be overwhelming and stressful, which is why we are here to support you every step of the way. Our criminal defense lawyers will take the time to listen to your concerns, answer your questions, and keep you informed about the progress of your case. We will provide you with honest and realistic advice, ensuring that you have a clear understanding of your legal options and the potential outcomes. With Sevens Legal by your side, you can rest assured knowing that you have a dedicated team fighting for your rights and best interests.

Free San Diego Criminal Defense Consultation

At Sevens Legal, we understand the importance of open communication and collaboration with our clients. We offer a free initial consultation, during which we will listen to your story, assess the details of your case, and provide you with an honest evaluation of your legal options. We believe that everyone deserves quality legal representation, and we are committed to providing affordable and effective defense services to our clients.

How to Contact Our Criminal Defense Attorneys

If you are facing criminal charges in San Diego and need the assistance of a skilled and dedicated criminal defense attorney, we encourage you to reach out to Sevens Legal. You can contact us at (619) 430-2355 to schedule a free consultation. Our team is ready to provide you with the guidance and support you need during this challenging time.

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Consecutive Sentencing in Californiahttps://www.sevenslegal.com/criminal-attorney/consecutive-sentencing-in-california/Mon, 20 Nov 2023 05:13:19 +0000https://www.sevenslegal.com/criminal-attorney/consecutive-sentencing-in-california/Consecutive sentencing plays a crucial role in the criminal justice system. Call our criminal attorneys today for qualified legal help in San Diego.

What You Need to Know About Consecutive Sentencing in California

Consecutive sentencing is a legal concept that plays a crucial role in the criminal justice system. When a defendant is convicted of multiple crimes or multiple counts of the same crime, the judge has the discretion to decide whether the sentences for these offenses should be served consecutively or concurrently. In San Diego, like in many jurisdictions, the decision to impose consecutive or concurrent sentences is based on various factors, including the nature of the crimes, the defendant’s criminal history, and the need to protect public safety. If you are in need of qualified legal guidance in San Diego, dont hesitate to reach out to our team at Sevens Legal. You can reach us today by calling (619) 430-2355.

Key Takeaways

  • When a defendant is convicted of multiple crimes or multiple counts of the same crime, the judge has the discretion to decide whether the sentences for these offenses should be served consecutively or concurrently.

  • Consecutive sentencing refers to a sentencing structure where an individual serves one sentence after another, with each sentence beginning only after the completion of the previous one.

  • Consecutive sentences extend the total duration of imprisonment as each sentence is served individually, leading to a longer overall time spent in custody.

  • By ordering consecutive sentences, judges aim to deter future criminal behavior and protect society from potential harm.

Introduction to Consecutive Sentencing

What Does Consecutive Sentencing Mean in Court?

Consecutive sentencing refers to a sentencing structure where an individual serves one sentence after another, with each sentence beginning only after the completion of the previous one. This means that the duration of incarceration is increased as the sentences add up. In contrast, concurrent sentencing allows a defendant to serve multiple sentences simultaneously, resulting in a shorter overall period of incarceration.

Differences Between Consecutive and Concurrent Sentencing

The key distinction between consecutive and concurrent sentencing lies in the order in which the sentences are served. In consecutive sentencing, the sentences are served consecutively, one after another, while in concurrent sentencing, the sentences are served concurrently, at the same time. This fundamental difference has a significant impact on the length of time a defendant spends behind bars.

Concurrent sentences provide the advantage of serving multiple sentences simultaneously, which can result in a shorter total period of incarceration. On the other hand, consecutive sentences extend the total duration of imprisonment as each sentence is served individually, leading to a longer overall time spent in custody.

Why do Judges Give Consecutive Sentences?

Judges have the authority to impose consecutive sentences based on several factors. The primary consideration is the need to ensure public safety and hold individuals accountable for their actions. By ordering consecutive sentences, judges aim to deter future criminal behavior and protect society from potential harm.

Additionally, judges consider the nature of the crimes committed and the defendant’s criminal history when deciding whether to impose consecutive sentences. If the offenses are separate and distinct, or if the defendant has a history of repeat offenses, consecutive sentencing may be deemed appropriate to reflect the seriousness of the crimes and the pattern of criminal behavior.

What Crimes Can Result in Consecutive Sentences?

Consecutive sentences can be imposed for a wide range of crimes, from minor offenses to serious felonies. The decision to order consecutive sentencing depends on the circumstances of each case and the judge’s assessment of the defendant’s actions. For example, in cases involving multiple counts of the same crime, such as burglary or assault, a judge may decide to impose consecutive sentences if the defendant’s actions were distinct and separate. Similarly, in cases involving unrelated offenses, such as robbery and drug possession, consecutive sentencing may be considered to address the gravity of each offense individually.

Understanding Consecutive Sentencing Laws in California

Consecutive sentencing laws in San Diego are governed by various statutes and legal frameworks. These laws outline the factors that judges must consider when deciding whether to impose consecutive or concurrent sentences. One key statute is California Penal Code Section 669, which addresses consecutive sentences and provides guidance to the courts.

In addition to statutory provisions, the California Rules of Court, specifically Rule 4.425, provide further guidance to judges in determining whether consecutive sentences are appropriate. This rule highlights the importance of considering factors such as the independence of the crimes, the presence of violence, and the defendant’s criminal history.

Factors Considered in Imposing Consecutive Sentences

As noted above, when deciding whether to impose consecutive sentences, judges in San Diego consider several factors to ensure a fair and just outcome. These factors include:

Nature of the crimes - Judges assess whether the crimes were independent of each other or committed at different times and places. If the crimes are distinct and separate, consecutive sentencing may be more likely.

Presence of violence - Judges consider whether the crimes involved acts of violence or threats of violence. The presence of violence may weigh in favor of consecutive sentencing to reflect the seriousness of the offenses.

Defendant’s criminal history - The defendant’s prior criminal record is a significant factor. If the defendant has a history of repeat offenses or a pattern of criminal behavior, consecutive sentencing may be deemed necessary to address the underlying issues.

Protection of the public - Judges must consider the need to protect the community from further harm. If the defendant poses a significant risk to public safety, consecutive sentencing may be seen as a means of ensuring public security.

These factors help judges make informed decisions about whether consecutive sentencing is appropriate in a given case.

What is an Example of a Consecutive Sentence?

To better understand how consecutive sentences work, let’s consider an example. Imagine a defendant named John is convicted of two separate offenses: burglary and assault. The judge has the discretion to impose either consecutive or concurrent sentences.

If the judge decides on consecutive sentencing, John would serve the sentence for burglary first, and only after completing that sentence would he begin serving the sentence for assault. The total duration of John’s incarceration would be longer compared to concurrent sentencing.

Conversely, if the judge decides on concurrent sentencing, John would serve both sentences simultaneously, resulting in a shorter overall period of incarceration.

Consecutive Sentencing, as Explained by a Criminal Defense Lawyer

The imposition of consecutive sentences can have a significant impact on a defendant’s life. To shed light on this complex legal concept, prominent criminal defense lawyer Kerry Steigerwalt delves into the topic of consecutive sentencing in California in one of our latest videos. In the video, Mr. Steigerwalt discusses what kind of jail time a defendant can expect to serve for a misdemeanor or felony offense. He emphasizes the value of seeking legal counsel from a lawyer well-versed in California’s sentencing laws, considering the possibility of receiving stacked or consecutive sentences for multiple offenses.

With his extensive experience in criminal defense, attorney Kerry Steigerwalt provides valuable insights into the complexities of consecutive sentencing in the California criminal justice system. As a highly respected criminal lawyer in San Diego, he understands the intricacies of the legal system and the potential ramifications of consecutive sentences. By highlighting the importance of consulting with a knowledgeable criminal defense attorney, Mr. Steigerwalt empowers viewers to make informed decisions and navigate the sentencing process more effectively. This video serves as a valuable resource for individuals seeking guidance and knowledge pertaining to criminal defense law in California.

Consequences of Consecutive Sentencing

The consequences of consecutive sentencing are far-reaching and can impact various aspects of a defendant’s life. Two significant implications of consecutive sentencing include an extended length of incarceration and its effect on parole eligibility and release dates.

Extended Length of Incarceration

One of the most apparent consequences of consecutive sentencing is an extended period of incarceration. As each sentence is served individually, the total time spent in custody is longer compared to concurrent sentencing. This can have a profound impact on a defendant’s life, separating them from their family, career, and community for a significant period of time.

Impact on Parole Eligibility and Release Dates

Consecutive sentencing also affects parole eligibility and release dates. Since each sentence is served separately, the defendant becomes eligible for parole after completing the first sentence. However, parole is granted only if the parole board deems the individual suitable for release. The subsequent sentences would then come into effect upon completion of parole, resulting in a prolonged time spent under supervision.

Why Do People Get Consecutive Life Sentences?

In some cases, individuals may receive consecutive life sentences, which can seem extreme. The decision to impose consecutive life sentences is typically reserved for the most severe offenses. When a defendant is found guilty of multiple heinous crimes, such as multiple murders or acts of terrorism, consecutive life sentences may be deemed necessary to ensure public safety and prevent the possibility of release.

Strategies for Defense Attorneys

Defense lawyers play a crucial role in advocating for their clients facing consecutive sentencing. They employ various strategies to challenge the imposition of consecutive sentences and seek alternative sentencing options. Two common approaches include challenging the imposition of consecutive sentences and negotiating alternatives to consecutive sentencing.

Challenging the Imposition of Consecutive Sentences

Defense attorneys analyze the facts of each case to identify potential grounds for challenging the imposition of consecutive sentences. They may argue that the offenses were not distinct and separate, or that the judge did not adequately consider the relevant factors required for consecutive sentencing. By presenting compelling arguments and evidence, criminal attorneys aim to convince the court to impose concurrent sentences or explore alternative sentencing options.

Negotiating Alternatives to Consecutive Sentencing

Defense attorneys also engage in negotiations with prosecutors to explore alternatives to consecutive sentencing. They may propose alternative sentencing options, such as probation, rehabilitation programs, or community service, that better address the underlying issues and promote the defendant’s rehabilitation. Through skilled negotiation, defense attorneys strive to secure the best possible outcome for their clients.

Recent Changes and Reforms

Consecutive sentencing laws are subject to periodic changes and reforms to promote fairness and address concerns within the criminal justice system. Legislatures and courts continuously evaluate the effectiveness of these laws and make adjustments to ensure balanced and just outcomes. Recent legislative updates have focused on providing clearer guidelines and frameworks for judges to consider when deciding on consecutive or concurrent sentences. These updates aim to enhance consistency and fairness in sentencing practices while taking into account the specific circumstances of each case.

Free San Diego Criminal Defense Consultation

If you or someone you know is facing criminal charges in San Diego and has concerns about consecutive sentencing, it is crucial to seek the guidance of a skilled criminal defense attorney. Our team at Sevens Legal offers free consultations to discuss your case and provide you with the information and support you need.

How to Contact Our Criminal Defense Attorneys

Our experienced San Diego criminal defense lawyers at Sevens Legal are ready to help with any criminal defense matter you may be facing. We have a track record of success in defending clients facing a wide range of criminal charges. To schedule your free consultation, please contact us at (619) 430-2355.

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Difference Between State and Federal Chargeshttps://www.sevenslegal.com/federal-crime/difference-between-state-and-federal-charges/Wed, 15 Nov 2023 03:13:19 +0000https://www.sevenslegal.com/federal-crime/difference-between-state-and-federal-charges/When facing criminal charges at the state or federal level, it is essential to seek the assistance of an experienced attorney. Call us today for help.

What’s the difference between state and federal charges?

When it comes to facing criminal charges, one of the most critical factors that can significantly impact the outcome of your case is whether you are being prosecuted at the federal or state level. The United States legal system is unique in that it operates in two separate jurisdictions, each with its distinct set of laws, procedures, and penalties. In this article, we will explore the differences between federal and state prosecution, the implications of each, and how an experienced criminal defense attorney can help navigate the complexities of the legal system. If you are in need of legal assistance, please call Sevens Legal today at (619) 430-2355 for a free consultation with our knowledgeable criminal defense lawyers.

Key Takeaways

  • When it comes to facing criminal charges, one of the most critical factors that can significantly impact the outcome of your case is whether you are being prosecuted at the federal or state level.

  • The U.S. legal system is unique in that it operates in two separate jurisdictions, each with its distinct set of laws, procedures, and penalties.

  • State crimes are violations of state laws, prosecuted in state courts, while federal crimes involve offenses that violate federal laws and are prosecuted in federal courts by federal prosecutors.

  • When facing criminal charges, whether at the state or federal level, it is essential to seek the assistance of an experienced criminal defense attorney.

  • A skilled lawyer can navigate the complexities of the legal system, protect your rights, and provide you with the best possible defense.

State vs. Federal Prosecution

If you have been charged with a crime in California, you may be wondering, What is the difference between a federal prosecution and a state prosecution?” In the United States, the criminal justice system is divided into two distinct spheres: state and federal. State crimes are violations of state laws, prosecuted in state courts, and handled by state-level criminal justice systems. On the other hand, federal crimes involve offenses against federal laws or crimes that have a federal interest, such as those occurring on federal land or involving interstate commerce. Federal crimes are prosecuted in federal courts by federal prosecutors.

Crimes Involving Federal Laws

Federal crimes encompass a wide range of offenses, including those that cross state lines, involve fraud or deception against federal agencies, occur on federal property, or violate federal statutes. Some examples of federal crimes include drug trafficking, immigration violations, terrorism, money laundering, and white-collar crimes such as securities fraud or tax evasion. These offenses are investigated by federal law enforcement agencies, including the Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).

The Role of Federal Agencies

Federal agencies play a significant role in investigating and prosecuting federal crimes. These agencies have the resources and jurisdiction to handle complex cases that often involve multiple states or have a national impact. They work closely with federal prosecutors, known as United States Attorneys, to build cases and present evidence in federal court. The penalties for federal crimes can be severe, including substantial fines and lengthy prison sentences. Additionally, individuals convicted of federal crimes serve their sentences in federal prisons.

Crimes Involving State Laws

State crimes, on the other hand, are violations of state laws and are prosecuted in state courts. These offenses can include various criminal acts such as assault, theft, robbery, drug possession, DUI, and murder. State crimes are typically investigated by local law enforcement agencies, such as municipal police departments, county sheriffs, or state agents. State prosecutors, such as city attorneys or district attorneys, are responsible for bringing charges against individuals accused of committing state crimes.

The Role of Local Law Enforcement

Local law enforcement agencies play a vital role in maintaining public safety and enforcing state laws. They are responsible for conducting investigations, gathering evidence, and making arrests. Local police departments, county sheriffs, and state agents work collaboratively to ensure the effective enforcement of state laws. Once an arrest is made, the case is typically handed over to the state prosecutor’s office for further legal proceedings.

Investigation and Arrest Process

Federal Investigation and Arrest

When federal law enforcement agencies suspect an individual of committing a federal crime, they initiate an investigation. Federal investigations can be lengthy and complex, often spanning multiple jurisdictions and involving extensive resources. Federal agents, such as FBI agents or DEA agents, gather evidence, interview witnesses, and build a case against the accused. If there is sufficient evidence, the federal prosecutor will seek an arrest warrant and present the case to a grand jury.

State Investigation and Arrest

In state cases, local law enforcement agencies are responsible for conducting investigations. They gather evidence, interview witnesses, and work closely with state prosecutors to build a case. If there is enough evidence to support the charges, the state prosecutor will seek an arrest warrant from a judge. The defendant is then arrested on a federal charge by local law enforcement and brought before a state court for arraignment.

Differences in Criminal Charges

If you have been accused of a crime, the main question you may be asking yourself is, What is the difference between a federal and state offense?” As noted above, state charges are brought by state law enforcement agencies and prosecutors, while federal charges are brought by federal law enforcement agencies and prosecutors. Federal charges are typically reserved for more serious offenses such as drug trafficking, organized crime, and white-collar crime, while state charges may cover a wider range of offenses, including misdemeanors. It is important to understand the implications of federal versus state prosecution and consult with an experienced federal lawyer when facing charges in either jurisdiction.

Examples of Federal Charges

Federal charges can vary widely depending on the specific offense. Some examples of federal charges include:

Drug trafficking across state lines or international borders

Money laundering involving large sums of money or financial transactions

Racketeering and organized crime activities

Securities fraud and insider trading

Mail fraud

Cybercrimes with a national or international scope

Firearms offenses involving illegal possession or trafficking

Concealed weapon crimes

Examples of State Charges

State charges encompass a broad range of offenses. Some examples of state charges include:

Assault and battery

Theft and burglary

Driving under the influence (DUI)

Domestic violence

Drug possession

Homicide and manslaughter

State and Federal Charges for the Same Crime

In certain situations, an individual may face both state and federal charges for the same criminal conduct. This can occur when the alleged offense violates both state and federal laws or involves actions that cross state lines. While the Double Jeopardy Clause of the U.S. Constitution protects individuals from being tried twice for the same offense by the same sovereign, the separate sovereign exception allows for prosecution at both the state and federal levels since they are considered separate entities.

Court System and Trial Process

Federal Courts and the U.S. Attorney’s Office

Federal courts are responsible for hearing and deciding federal criminal cases. They consist of district courts, circuit courts of appeal, and the U.S. Supreme Court. United States Attorneys, appointed by the President, prosecute federal cases on behalf of the government. Federal judges, appointed for life, preside over federal trials and make decisions based on federal laws and the U.S. Constitution. The trial process in federal court follows established rules and procedures, including the presentation of evidence, witness testimony, and legal arguments.

State Courts and the District Attorney’s Office

State courts in California are divided into trial courts (superior courts) and appellate courts (Courts of Appeal and the California Supreme Court). State prosecutors, such as district attorneys or city attorneys, handle criminal cases at the state level. Superior court judges, elected by voters, preside over state trials and make decisions based on state laws and the state constitution. The trial process in state court follows similar procedures to federal court, including the presentation of evidence, witness testimony, and legal arguments.

Sentencing and Penalties

Federal Sentencing Guidelines

Federal sentencing guidelines provide a framework for determining penalties in federal criminal cases. These guidelines take into account various factors, such as the severity of the offense, the defendant’s criminal history, and any enhancements or mitigating circumstances. Federal judges have discretion within the guidelines to impose sentences based on the specific circumstances of each case. Penalties for federal crimes can range from fines and probation to lengthy prison sentences.

State Sentencing Guidelines

State sentencing guidelines vary by jurisdiction and can differ significantly from federal guidelines. State judges consider factors such as the nature of the offense, the defendant’s criminal history, and any aggravating or mitigating circumstances when determining the appropriate sentence. State penalties can include fines, probation, community service, and incarceration in county jail or state prison.

Are Federal Crimes More Serious than State Crimes?

The severity of a crime is not solely determined by whether it is a federal or state offense. Both federal and state crimes can carry significant consequences, including substantial fines, imprisonment, and long-term impacts on an individual’s personal and professional life. It is crucial to consult an experienced criminal lawyer who can assess the unique aspects of your case and provide guidance tailored to your situation.

How an Experienced Criminal Lawyer Can Help

When facing federal charges, whether at the state or federal level, it is essential to seek the assistance of an experienced criminal defense attorney. A skilled lawyer can navigate the complexities of the legal system, protect your rights, and provide you with the best possible defense. They will analyze the evidence, challenge the prosecution’s case, negotiate with prosecutors for reduced charges or penalties, and represent you in court if necessary. Having a knowledgeable advocate by your side can significantly impact the outcome of your case.

Learn More from Criminal Attorney Crystal Erlandson

In one of our informative videos, attorney Crystal Erlandson from Sevens Legal sheds light on the key distinctions between federal and state prosecutions. With her expertise, she highlights the three primary ways in which these two legal systems differ. First, attorney Erlandson explores how cases are charged, emphasizing the unique complexities and processes involved in federal charges. Second, she delves into the topic of bail, unraveling the contrasting approaches taken by federal and state courts when it comes to granting pretrial release. Lastly, Erlandson examines the sentencing disparities between federal and state jurisdictions, offering valuable insights into the potential ramifications for individuals facing criminal charges in either system. Through her informative and insightful analysis, attorney Erlandson provides a comprehensive understanding of the implications of federal versus state prosecution for individuals involved in criminal cases.

Free San Diego Criminal Defense Consultation

If you are facing criminal charges in San Diego, Sevens Legal is here to help. Our team of experienced federal lawyers understands the intricacies of both state and federal laws and will provide you with the vigorous defense you deserve. We offer a free initial consultation to discuss your case and explore your legal options. Contact Sevens Legal now at (619) 430-2355 to protect your rights.

How to Contact Our Criminal Defense Attorneys

At Sevens Legal, we are passionate about providing exceptional legal representation to individuals facing criminal charges. If you need assistance with your case, please do not hesitate to reach out to us. You can contact our criminal defense lawyers today by calling (619) 430-2355. We are here to help you navigate the legal process and fight for the best possible outcome for your case.

Remember, when facing criminal charges, it is crucial to act quickly and seek the guidance of an experienced criminal lawyer. Your future and freedom are at stake, and having a knowledgeable advocate on your side can make all the difference. Call Sevens Legal today for a free consultation and take the first step towards protecting your rights.

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Arrested on a Federal Chargehttps://www.sevenslegal.com/arrested-on-a-federal-charge/Sun, 12 Nov 2023 21:13:19 +0000https://www.sevenslegal.com/arrested-on-a-federal-charge/Being arrested on a federal charge can be a daunting and overwhelming experience. Contact our federal criminal attorneys today for qualified legal help.

What to Expect if You Are Arrested on a Federal Charge

Being arrested on a federal charge can be a daunting and overwhelming experience. If you find yourself in this situation in San Diego, it is crucial to understand the process and know what to expect. In this comprehensive guide, we will provide valuable insights from the trusted criminal lawyers at Sevens Legal to help you navigate through the federal criminal justice system with confidence.

Key Takeaways

Federal charges are serious offenses that are prosecuted by the United States government.

While most crimes are handled at the state level, certain offenses that cross state lines or involve federal agencies fall under federal jurisdiction.

There are various types of federal crimes that can result in arrest and prosecution at the federal level, including drug trafficking, mail fraud, and certain firearms offenses.

Federal offenses can carry severe penalties, including lengthy prison sentences, substantial fines, restitution, probation, and supervised release.

Your federal criminal lawyer will guide you through the legal process, protect your rights, and build a strong defense strategy on your behalf.

Understanding Federal Charges

Overview of Federal Charges

Federal charges are serious offenses that are prosecuted by the United States government. They differ from state charges in that they involve violations of federal law, which are enacted by Congress. While most crimes are handled at the state level, certain offenses that cross state lines or involve federal agencies fall under federal jurisdiction.

Differences Between Federal and State Charges

The key difference between federal and state charges lies in the jurisdiction and the prosecuting authority. State charges are brought by local or state authorities, while federal charges are investigated and prosecuted by federal agencies such as the Federal Bureau of Investigation (FBI) or the Drug Enforcement Administration (DEA). Federal charges generally carry more severe penalties than state charges.

Common Types of Federal Crimes

There are various types of federal crimes that can result in arrest and prosecution at the federal level. Some common examples include:

Drug trafficking and distribution

White-collar crimes such as mail fraud, embezzlement, and insider trading

Firearms offenses, such as concealed weapons crimes

Terrorism-related offenses

Money laundering

Cybercrimes

Racketeering RICO violations

It is important to note that this is not an exhaustive list, and federal crimes can encompass a wide range of illegal activities.

Valuable Insights from a San Diego Criminal Lawyer

In one of our latest videos, federal criminal defense attorney Crystal Erlandson provides valuable insights on what individuals can expect if they find themselves arrested on a federal charge. With over 15 years of experience in criminal defense and a focus on serious federal felony cases, Erlandson's expertise shines through as she delves into the intricacies of the legal process. In the video, Erlandson touches on each phase of the federal criminal process and emphasizes the importance of having aggressive representation to ensure the best possible outcome in your federal case. Ms. Erlandson is a trusted advocate for those facing federal charges and can help accused individuals navigate the complexities of the legal system with confidence.

Federal Arrest Process

Initial Arrest and Detainment

If you are being arrested on a federal charge federal agents will carry out the arrest. They will present you with an arrest warrant, which indicates that you are suspected of committing a federal offense. During the arrest, it is essential to remain calm and cooperative with the arresting officers.

Your Miranda Rights

Upon arrest, the arresting officers will inform you of your Miranda rights, which include the right to remain silent and the right to an attorney. It is crucial to exercise these rights and avoid making any statements without the presence of your lawyer.

Booking Process and Fingerprinting

After the arrest, you will be taken to a federal facility for the booking process. This involves providing personal information, undergoing fingerprinting, and having a mugshot taken. It is important to provide accurate information during this process.

Bail and Detention Hearings

Following the booking process, a detention hearing will be scheduled to determine whether you will be held in custody until trial or released on bail. Factors such as the nature of the offense, your criminal history, and the perceived risk of flight or danger to the community will be considered in this decision. It is crucial to have a skilled criminal defense lawyer represent you during these hearings to advocate for your release on bail, if appropriate.

Are Federal Arrests Public Record?

Federal arrests are generally considered public record, meaning that information about the arrest can be accessed by the public. This includes details such as the charges, court dates, and case status. However, certain information may be sealed or restricted for privacy or security reasons.

One of your fundamental rights when facing federal charges is the right to legal representation. It is essential to consult with a qualified criminal attorney as soon as possible after your arrest. Your lawyer will guide you through the legal process, protect your rights, and build a strong defense strategy on your behalf.

The Role of a Criminal Attorney

A criminal lawyer who has experience with federal cases will play a crucial role in your defense. They will analyze the evidence against you, conduct independent investigations, challenge the prosecution's case, and advocate for your rights throughout the legal process. They will also provide guidance on the best course of action, such as negotiating plea deals or taking the case to trial.

Your Right to Remain Silent

Under the Fifth Amendment of the United States Constitution, you have the right to remain silent to avoid self-incrimination. It is crucial to exercise this right and refrain from providing any statements or information without the presence of your attorney. Anything you say can be used against you in court, so it is important to consult with your lawyer before speaking to law enforcement.

Search and Seizure Protections

The Fourth Amendment protects individuals from unreasonable searches and seizures by law enforcement. This means that searches and seizures must be conducted with a valid warrant or based on probable cause. Your attorney will scrutinize the legality of any search or seizure conducted during your arrest and challenge any violations of your Fourth Amendment rights.

Your Right to a Fair Trial

As a defendant in a federal criminal case, you have the right to a fair trial. This includes the right to a jury trial, the right to confront your accusers, the right to present a defense, and the right to cross-examine witnesses. Your attorney will ensure that these rights are protected and work diligently to build a robust defense strategy to challenge the prosecution's case.

Pre-Trial Phase

Arraignment and Reading of Charges

The pre-trial phase begins with the arraignment, where you will be formally informed of the charges against you. During this hearing, you will enter a plea of guilty, not guilty, or no contest. It is crucial to consult with your attorney before entering a plea to ensure it aligns with your defense strategy.

Plea Bargaining and Negotiations

During the pre-trial phase, the prosecution may offer a plea bargain, which is an agreement to plead guilty to a lesser charge or receive a reduced sentence in exchange for avoiding a trial. Your lawyer will negotiate on your behalf to secure the best possible outcome, weighing the risks and benefits of accepting a plea bargain versus going to trial.

Pre-Trial Motions and Hearings

Pre-trial motions and hearings play a significant role in shaping the course of your case. Your attorney may file motions to suppress evidence, exclude certain witnesses or statements, or challenge the legality of the arrest or search. These motions will be argued before the court, and the judge will make rulings that impact the trial proceedings.

Discovery Process and Gathering Evidence

The discovery process involves the exchange of evidence between the prosecution and the defense. Your attorney will request relevant documents, witness statements, and any other evidence that may be beneficial to your defense. They will carefully analyze the evidence and develop a strategy based on the strengths and weaknesses of the case.

The Federal Trial

Jury Selection and Trial Preparation

The trial phase begins with jury selection, where both the prosecution and defense have the opportunity to question potential jurors and select a fair and impartial jury. Once the jury is selected, the trial preparation phase begins. Your attorney will thoroughly prepare your case, gather witnesses, and develop a compelling trial strategy.

Opening Statements

During opening statements, the prosecution and defense present their case to the jury. The prosecution outlines their theory of the case and presents the evidence they will rely on, while the defense provides an overview of their defense strategy and challenges the prosecution's case.

Presentation of Evidence and Witness Testimony

The presentation of evidence includes the examination and cross-examination of witnesses, the introduction of exhibits, and the presentation of other evidence. The prosecution will present their case first, followed by the defense. Your lawyer will challenge the prosecution's evidence, question witnesses, and present evidence that supports your defense.

Cross-Examination

Cross-examination is a critical part of the trial where your attorney has the opportunity to question the prosecution's witnesses. This allows your attorney to challenge their credibility, highlight inconsistencies, and present alternative interpretations of the evidence.

Closing Arguments

During closing arguments, both the prosecution and defense summarize their case and attempt to persuade the jury to reach a favorable verdict. Your attorney will highlight the weaknesses in the prosecution's case, reinforce your defense strategy, and advocate for your innocence or reduced charges.

Sentencing and Consequences of a Federal Charge

Federal Sentencing Guidelines

Federal sentencing guidelines provide a framework for judges to determine appropriate sentences for federal offenses. These guidelines consider factors such as the severity of the offense, the defendant's criminal history, and any mitigating or aggravating circumstances.

Factors Considered in Sentencing Decisions

When determining a sentence, the court takes various factors into account, including the nature and seriousness of the offense, the defendant's role in the offense, any prior criminal history, the impact on victims, and the potential for rehabilitation. Your attorney can advocate for a fair and just sentence based on these factors.

Potential Penalties for Federal Offenses

Federal offenses can carry severe penalties, including lengthy prison sentences, substantial fines, restitution, probation, and supervised release. The specific penalties will depend on the nature of the offense and applicable federal laws.

Alternatives to Incarceration

In some cases, the court may consider alternatives to incarceration, such as probation, house arrest, or participation in a diversion program. Your lawyer can advocate for alternative sentencing options based on your circumstances and the nature of the offense.

Post-Trial Options and Appeals

Understanding the Verdict and Possible Outcomes

After the trial, the jury will deliver a verdict, finding you either guilty or not guilty. If you are found guilty, the court will proceed to the sentencing phase. If you are found not guilty, you will be acquitted, and the case will be closed.

Post-Trial Motions and Appeals

If you are convicted and believe there were errors or issues during the trial that impacted the outcome, you may have grounds for post-trial motions or an appeal. Your attorney can analyze the trial proceedings, identify potential errors, and file appropriate motions or appeals on your behalf.

Appeals Process and Timeline

The appeals process involves requesting a higher court to review the trial proceedings for errors that may have affected the outcome. Appeals must be filed within specific timeframes, and your attorney will guide you through this process if it is deemed appropriate.

Can Federal Charges be Expunged?

Unlike state charges, federal charges cannot be expunged. Once you have been convicted of a federal offense, it will remain on your criminal record. However, there may be opportunities for post-conviction relief or the possibility of reducing the impact of the conviction through other legal avenues.

Free San Diego Federal Criminal Defense Consultation

If you or a loved one has been arrested on a federal charge in San Diego, it is crucial to seek legal representation as soon as possible. Contact Sevens Legal at (619) 430-2355 for a free legal consultation with our experienced federal criminal defense attorneys. We will provide the guidance and support you need to navigate the complexities of the federal criminal justice system. Remember, you have rights, and we are here to protect them.

How to Contact Our Federal Criminal Attorneys

When facing federal criminal charges, reliable legal representation is the key to a fair trial. Our experienced team of criminal lawyers is ready to assist you and represent your best interests in court. Contact us today to schedule a consultation and discuss your case in confidence. You can reach us by calling (619) 430-2355.

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How Mandatory Minimum Sentences Affect Defendantshttps://www.sevenslegal.com/blog/how-mandatory-minimum-sentences-affect-defendants/Wed, 18 Oct 2023 13:10:43 -0700https://www.sevenslegal.com/blog/how-mandatory-minimum-sentences-affect-defendants/Mandatory minimums often result in lengthy prison sentences for defendants in federal cases. Call our federal defense attorneys today for legal help.

When it comes to federal crimes, defendants face the potential consequences of mandatory minimum sentences. These sentences, established by Congress, require judges to impose specific prison terms for certain offenses, leaving little room for discretion. In this article, we will explore the impact of mandatory minimum sentences on defendants in federal cases, including the limitations they place on judicial discretion, the consequences for defendants and their families, and the potential for reform in the future.

Key Takeaways

Mandatory minimum sentences are defined by federal statutes and require judges to impose specific prison terms upon conviction.

These sentences do not allow for flexibility or judicial discretion, meaning that defendants must serve the prescribed minimum sentence without the possibility of early release or parole.

Even if a judge believes a lesser sentence would be more appropriate, they are bound by the minimum sentence prescribed by law.

Federal sentencing guidelines are advisory rather than mandatory, meaning that judges have discretion in applying them.

However, mandatory minimum sentences established by Congress take precedence over the federal sentencing guidelines and must be imposed if applicable.

What are Federal Mandatory Minimum Sentences?

Federal mandatory minimum sentences were introduced with the passage of the Anti-Drug Abuse Act of 1986. This legislation targeted drug "kingpins" and mandated severe penalties for drug offenses. Since then, Congress has expanded the scope of mandatory minimum sentences to include other crimes such as firearm offenses, identity theft, and child sex offenses.

Mandatory minimum sentences are defined by federal statutes and require judges to impose specific prison terms upon conviction. These sentences do not allow for flexibility or judicial discretion, meaning that defendants must serve the prescribed minimum sentence without the possibility of early release or parole.

How Federal Sentencing Works

Federal sentencing follows a structured process that takes into account various factors, including the severity of the offense, the defendant's criminal history, and any mitigating or aggravating circumstances. The United States Sentencing Guidelines provide a framework for determining the appropriate sentence within the statutory range set by Congress.

Judges consider these guidelines when imposing sentences but must also adhere to mandatory minimums if applicable. This means that even if a judge believes a lesser sentence would be more appropriate, they are bound by the minimum sentence prescribed by law.

What is the Minimum Sentence for a Federal Crime?

The minimum sentence for a federal crime depends on the offense committed and whether it carries a mandatory minimum penalty. For example, drug trafficking offenses often trigger mandatory minimum sentences, with the length of the sentence determined by factors such as the type and quantity of drugs involved.

Firearm offenses, identity theft, and child sex offenses also carry mandatory minimums, with specific penalties outlined in federal statutes. These mandatory minimum sentences ensure that defendants convicted of these crimes face significant prison time, regardless of individual circumstances or mitigating factors.

Mandatory Minimums, As Explained by Attorney Crystal Erlandson

In one of our latest videos, Crystal Erlandson, a prominent San Diego Federal Crimes Lawyer, sheds light on the impact of mandatory minimum sentences on defendants. She explains that these sentences, usually ten years or five years, can be extremely harsh and that federal judges cannot sentence defendants to less than the prescribed term for that specific offense. Erlandson emphasizes the importance of working with an experienced federal criminal defense attorney who understands the intricacies of mandatory minimum sentencing and can develop effective strategies to mitigate the potential consequences for defendants.

Exploring the Impact of Mandatory Minimum Sentences

Disproportionate Sentencing

One of the main criticisms of mandatory minimum sentences is the potential for disproportionate sentencing. These sentences often result in individuals serving lengthy prison terms that may not align with the severity of their offenses or their level of involvement.

Critics argue that mandatory minimums fail to consider individual circumstances and hinder judges from tailoring sentences to fit the unique circumstances of each case. This lack of discretion can lead to unjust outcomes, with defendants receiving harsher penalties than necessary.

Effect on Crime Rates and Recidivism

The effectiveness of mandatory minimum sentences in deterring crime and reducing recidivism is a subject of debate. Some argue that these sentences serve as a deterrent and effectively remove dangerous individuals from society. However, others contend that they do little to prevent future criminal behavior.

Studies have shown that lengthy prison sentences, such as those mandated by mandatory minimums, may not be the most effective approach to reducing recidivism. Alternative sentencing options, such as rehabilitative programs and community-based interventions, may be more successful in addressing the root causes of criminal behavior.

Racial and Socioeconomic Disparities in Sentencing

Another significant concern surrounding mandatory minimum sentences is the potential for racial and socioeconomic disparities in sentencing. Research has shown that certain minority groups, particularly Black and Hispanic individuals, are disproportionately affected by mandatory minimums.

Critics argue that these disparities reflect systemic biases within the criminal justice system, leading to unequal treatment and harsher sentences for minority defendants. Additionally, mandatory minimums can disproportionately impact individuals from lower socioeconomic backgrounds who may lack access to quality legal representation.

Understanding the Role of Federal Sentencing Guidelines

Federal sentencing guidelines provide a framework for judges to determine an appropriate sentence within the statutory range. These guidelines take into account factors such as the severity of the offense, the defendant's criminal history, and any mitigating or aggravating circumstances.

While federal sentencing guidelines are advisory rather than mandatory, judges often rely on them when imposing sentences. However, mandatory minimum sentences override the discretion provided by the guidelines, limiting a judge's ability to deviate from the prescribed minimum.

Factors that Influence Sentencing Decisions

When determining a sentence for a federal crime, judges consider various factors, including the nature and seriousness of the offense, the defendant's criminal history, and any relevant conduct or aggravating factors. These factors help judges assess the appropriate punishment and consider the potential for rehabilitation.

Additionally, judges may take into account factors such as a defendant's acceptance of responsibility, cooperation with law enforcement, and efforts to make amends for their actions. These considerations can influence the final sentencing decision, but they cannot override mandatory minimum sentences set by Congress.

Are Federal Sentencing Guidelines Mandatory?

Federal sentencing guidelines are advisory rather than mandatory, meaning that judges have discretion in applying them. However, mandatory minimum sentences established by Congress take precedence over the guidelines and must be imposed if applicable.

While judges can deviate from the guidelines in certain circumstances, such departures require justification and must be within the bounds of the law. Judges must carefully balance the need for individualized sentencing with the constraints imposed by mandatory minimums.

How Much of a Federal Sentence Must Be Served?

In federal cases, defendants are required to serve a significant portion of their sentences before becoming eligible for release. Unlike state-level sentencing, where parole may be available, federal prisoners must serve at least 85% of their sentences.

This requirement, known as "truth in sentencing," limits the amount of time that can be reduced through good behavior or participation in rehabilitative programs. As a result, federal defendants often serve a substantial portion of their mandatory minimum sentences before being eligible for release.

What Federal Crimes Carry Mandatory Minimums?

Several federal crimes carry mandatory minimum sentences, ensuring that certain offenses are met with severe penalties. The following are examples of offenses that often trigger mandatory minimums:

Drug Offenses

Drug trafficking offenses, particularly those involving large quantities of drugs, and certain other drug-related crimes, such as illegal possession, sale, or manufacturing of methamphetamines, often carry mandatory minimum sentences. Congress has taken a tough stance on drug crimes, imposing lengthy prison terms to combat drug trafficking and distribution networks.

Firearm Offenses

Federal law imposes mandatory minimum sentences for individuals who possess or use firearms during the commission of certain crimes or who have prior convictions for firearms offenses, such as gun-related crimes using a stolen firearm. These mandatory minimums are intended to deter individuals from using firearms in the commission of crimes.

White-Collar Crimes

Certain white-collar offenses, such as fraud and identity theft, can also carry mandatory minimum sentences. These offenses often involve financial harm to individuals or institutions, leading to strict penalties to deter similar crimes.

Consequences of Mandatory Minimum Sentences

Limitations on Judicial Discretion

One of the primary consequences of mandatory minimum sentences is the limitation they place on judicial discretion. Judges are bound by these minimums and must impose the prescribed sentences upon conviction, regardless of individual circumstances or mitigating factors.

This lack of discretion can lead to outcomes that some consider unjust, as judges may be unable to tailor sentences to fit the unique circumstances of each case. Critics argue that mandatory minimums undermine a judge's ability to consider individual factors and promote fair and equitable sentencing.

Impact on Defendants and Their Families

Mandatory minimum sentences can have a profound impact on defendants and their families. Lengthy prison terms can disrupt a defendant's life, separating them from their loved ones and hindering their ability to maintain employment or pursue rehabilitation opportunities.

Families of defendants may also suffer emotional, financial, and social consequences as a result of mandatory minimum sentences. The strain of having a family member incarcerated for an extended period can be challenging, leading to emotional distress and financial hardship.

The Strain on the Criminal Justice System

Mandatory minimum sentences have also placed a significant strain on the criminal justice system. The imposition of lengthy prison terms for certain offenses has contributed to overcrowding in federal prisons, increasing costs and logistical challenges for corrections departments.

Furthermore, mandatory minimums have led to a substantial caseload for federal judges, limiting their ability to devote sufficient time and resources to each case. This caseload burden can result in delays in the judicial process and potentially compromise the quality of justice delivered.

Strategies for Challenging Mandatory Minimums

The Role of an Experienced Federal Criminal Lawyer

Navigating the complexities of mandatory minimum sentences requires the expertise of an experienced federal criminal defense attorney. These attorneys understand the intricacies of federal sentencing laws and can develop effective strategies to challenge mandatory minimums.

An attorney's role includes exploring potential legal defenses and mitigating factors that may warrant a departure from the mandatory minimum sentence. They may also advocate for alternative sentencing options, such as rehabilitation programs or community-based interventions, to address the underlying causes of criminal behavior.

In challenging mandatory minimum sentences, defense attorneys often explore potential legal defenses and mitigating factors that may warrant a departure from the prescribed sentence. This may involve scrutinizing the evidence, challenging the legality of law enforcement actions, or presenting evidence of mitigating circumstances.

Additionally, criminal lawyers may argue for downward departures or variances from mandatory minimums based on factors such as the defendant's minimal role in the offense, lack of prior criminal history, or extraordinary personal circumstances. These arguments aim to demonstrate that imposing the mandatory minimum sentence would be unjust in a particular case.

Seeking Alternative Sentencing Options

Defense attorneys may also advocate for alternative sentencing options that prioritize rehabilitation and reintegration into society. This may involve presenting evidence of the defendant's commitment to personal growth, participation in rehabilitative programs, or plans for community service.

Alternative sentencing options can provide defendants with an opportunity to address the underlying issues that contributed to their criminal behavior, reducing the likelihood of recidivism and promoting successful reintegration into society.

Reforming Mandatory Minimum Sentences

Recent Legislative Efforts and Proposed Reforms

In recent years, there has been growing recognition of the need to reform mandatory minimum sentences. Criminal justice advocates, lawmakers, and organizations have called for changes to ensure more equitable sentencing practices.

Proposed reforms include revisiting mandatory minimums for certain offenses, expanding judicial discretion, and implementing evidence-based sentencing practices. These efforts aim to address the concerns surrounding mandatory minimum sentences and promote a more just and effective criminal justice system.

The First Step Act

One significant legislative development regarding mandatory minimum sentencing is the First Step Act, signed into law in 2018. This bipartisan legislation aims to reduce recidivism rates and improve prison conditions. The First Step Act includes provisions that allow certain eligible inmates to earn credits for participating in rehabilitative programs, which can be used to reduce their sentences. While this law represents a step toward criminal justice reform, it does not eliminate mandatory minimum sentences entirely.

Free San Diego Federal Criminal Defense Consultation

If you or a loved one is facing federal charges and the potential consequences of mandatory minimum sentences, it is essential to seek the guidance of an experienced San Diego federal crimes lawyer. Our firm offers free consultations to individuals in need of legal representation in the San Diego area. By consulting with our skilled criminal lawyers at Sevens Legal, you can gain a thorough understanding of your legal options and develop a comprehensive defense strategy tailored to your unique circumstances.

How to Contact Our Criminal Defense Lawyers

At Sevens Legal Criminal Lawyers, our team of experienced criminal defense attorneys is dedicated to providing exceptional legal representation to individuals facing federal charges. If you have questions or need assistance with your case, our attorneys are ready to help. To schedule a free consultation with one of our criminal lawyers, please contact us at (619) 430-2355. We are here to provide you with the guidance and support you need during this challenging time.

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How to Terminate PC 290 Registration in Californiahttps://www.sevenslegal.com/sexual-assault/how-to-terminate-pc-290-registration-in-california/Mon, 02 Oct 2023 11:06:37 -0700https://www.sevenslegal.com/sexual-assault/how-to-terminate-pc-290-registration-in-california/There are ways to terminate PC 290 registration in California and regain your freedom and privacy. Consult with our criminal attorneys today to learn more.

The state of California has strict laws in place for individuals convicted of sex offenses. These laws require those individuals to register as sex offenders under Penal Code section 290. The registration process can have significant consequences, impacting where convicted offenders can live, work, and even visit. However, there are ways to terminate PC 290 registration and regain your freedom and privacy. To learn more about the process of terminating PC 290 registration in California or to discuss recent changes in the law that provide hope for individuals seeking to remove their registration requirements, contact Sevens Legal today at (619) 430-2355.

Key Takeaways

California law requires individuals convicted of sex crimes to register as sex offenders under Penal Code section 290.

The registration process can have significant consequences, impacting where convicted offenders can live, work, and even visit.

Fortunately, there are ways to terminate PC 290 registration and regain your freedom and privacy.

A criminal defense lawyer plays a vital role in helping individuals convicted of sex crimes navigate the PC 290 registration termination process.

An experienced sex crimes defense attorney has a deep understanding of the laws and regulations surrounding PC 290 registration and can provide strategic advice and representation throughout the process.

Understanding PC 290 Registration in California

What is California PC 290 Registration?

California PC 290 registration is a requirement for individuals convicted of sexual assault. The purpose of this registration is to create a database of sex offenders to help law enforcement and the community keep track of individuals who pose a potential risk. Once registered, individuals must provide their personal information, including their address, to local law enforcement agencies. This information is then made available to the public through the California Sex Offender Registry.

PC 290 Registration Requirements

Under California law, individuals convicted of certain sex crimes must register as sex offenders. The specific offenses that trigger this requirement are outlined in Penal Code section 290. The registration requirement applies to both felony and misdemeanor convictions. The duration of the registration period depends on the severity of the offense and can range from 10 years to a lifetime.

Consequences of Being a Registered Sex Offender

Being a registered sex offender can have severe consequences that impact various aspects of an individual's life. The stigma associated with being a sex offender can lead to social isolation, difficulty finding employment, and limitations on housing options. Additionally, registered sex offenders may face restrictions on where they can live, work, and travel, as well as heightened scrutiny from law enforcement.

Importance of Terminating PC 290 Registration

Terminating PC 290 registration is crucial for individuals who have completed their required registration period and are seeking to rebuild their lives. Removing the registration requirement allows individuals to regain their privacy and freedom, enabling them to pursue employment, housing, and personal relationships without the burden of being labeled as a sex offender.

Recent Changes in California Sex Offender Registration Laws

In 2021, the California legislature passed Senate Bill 384, also known as the Sex Offender Registration Act. This new law introduced significant changes to the PC 290 registration system, providing hope for individuals seeking termination of their registration requirements. SB 384 replaced the previous lifetime registration requirement with a three-tiered system based on the severity of the registerable offense.

Overview of Senate Bill 384

Senate Bill 384 introduced a three-tiered sex offender registration system in California. The three tiers are:

Tier One: Offenders in this tier are required to register for 10 years. Examples of offenses in this tier include misdemeanor sexual battery, indecent exposure, and possession of child pornography.

Tier Two: Offenders in this tier must register for 20 years. Offenses in this tier include lewd acts with a minor under 14, incest, and repeated acts of soliciting prostitution.

Tier Three: Offenders in this tier are subject to lifetime registration. This tier includes the most serious sex offenses, such as rape, child sex trafficking, and aggravated sexual assault of a child.

PC 290 Registration Tiers

The three-tiered system introduced by SB 384 categorizes offenders based on the severity of their offenses. This tiered approach allows for more flexibility in determining the length of the registration requirement based on the specific circumstances of each case.

Registration Periods for Each Tier

Under the new three-tiered system, offenders in Tier One must register for a minimum of 10 years. Tier Two offenders have a registration period of 20 years, and Tier Three offenders are subject to lifetime registration. These registration periods are based on the offense committed and do not automatically terminate after the minimum time requirements are met.

Option 1: Petitioning for Termination Under the New Three-Tiered System

Under the new three-tiered system introduced by SB 384, individuals who have completed their required registration period may petition the court for termination of their registration requirement. The eligibility criteria for termination differ for each tier.

Eligibility Criteria for Termination

To be eligible for termination under the new three-tiered system, individuals must meet specific criteria based on their tier. For Tier One offenders, the minimum registration period of 10 years must be completed. Tier Two offenders must have completed registration for a minimum of 20 years, while Tier Three offenders are subject to lifetime registration with no option for termination.

Process of Petitioning for Termination

The process of petitioning for PC 290 registration termination in San Diego involves several steps. It is highly recommended that registered sex offenders seek the assistance of a San Diego sex crimes lawyer experienced in PC 290 termination cases to navigate the process successfully. An attorney can guide individuals through the following steps:

Gathering necessary documents and evidence

Filing the petition for termination

Preparing for a hearing or court decision

Option 2: Petitioning for a Certificate of Rehabilitation

For individuals who do not qualify for termination under the new three-tiered system, another option is to petition for a Certificate of Rehabilitation. A Certificate of Rehabilitation is a court order declaring that an individual has been rehabilitated and is no longer a threat to society. While a Certificate of Rehabilitation does not remove the registration requirement, it can serve as evidence of rehabilitation and may lead to benefits such as improved employment opportunities and restoration of certain civil rights.

What is a Certificate of Rehabilitation?

A Certificate of Rehabilitation is a court order issued by a judge declaring that an individual convicted of a felony or specified misdemeanor offense has been rehabilitated. This certificate serves as an official recognition of an individual's efforts to reintegrate into society and live a law-abiding life.

Eligibility Requirements for Obtaining a Certificate of Rehabilitation

To be eligible for a Certificate of Rehabilitation, individuals must meet specific criteria, including completing their sentence, demonstrating a period of rehabilitation, and living an exemplary life. The eligibility requirements vary depending on the offense committed and the individual's criminal history.

Benefits of Obtaining a Certificate of Rehabilitation

While a Certificate of Rehabilitation does not remove the registration requirement, it can provide several benefits, including:

Demonstrating rehabilitation to potential employers, landlords, and licensing agencies.

Restoring certain civil rights, such as the right to vote and serve on a jury.

Serving as a basis for a governor's pardon, which can result in the removal of the registration requirement.

Option 3: Petitioning for Name Removal or Exclusion from the Sex Offender Website

In addition to petitioning for termination or obtaining a Certificate of Rehabilitation, individuals may also have the option to petition for name removal or exclusion from the sex offender website. This can provide an additional layer of privacy and protection for individuals seeking to rebuild their lives.

Grounds for Petitioning for Name Removal or Exclusion

The grounds for petitioning for name removal or exclusion from the sex offender website vary depending on the individual's circumstances. Common grounds may include demonstrating rehabilitation, evidence of low risk of reoffending, and adherence to all registration requirements.

The process of petitioning for name removal or exclusion involves filing the necessary forms and supporting documentation with the appropriate court or agency. It is essential to consult with a criminal defense attorney experienced in PC 290 cases to ensure that all requirements are met and the petition is properly prepared.

Seeking legal representation from a criminal defense attorney experienced in PC 290 termination cases is crucial for individuals seeking to terminate their registration requirement. A knowledgeable lawyer can provide guidance, navigate the complex legal process, and present a strong case on behalf of the individual.

Tips for PC 290 Removal from Criminal Attorney Noah Huston

In one of our recent videos, criminal attorney Noah Huston from Sevens Legal shares a success story that highlights the possibility of terminating PC 290 registration in California. Huston successfully argued that his client's continued registration as a sex offender did not significantly enhance community safety. By presenting compelling evidence and demonstrating the defendant's rehabilitation, current risk level, and commitment to a lawful life, Huston was able to secure his client's removal from the PC 290 registration list. This case serves as a testament to the importance of hiring a knowledgeable criminal lawyer committed to diligently advocating for individuals who have taken the necessary steps to rebuild their lives and protect their reputations.

The Role of a Criminal Lawyer in PC 290 Cases

A criminal defense lawyer plays a vital role in helping individuals navigate the termination process in PC 290 cases. They have a deep understanding of the laws and regulations surrounding sex offender registration and can provide strategic advice and representation throughout the process.

How a Lawyer Can Help Navigate the Process

A lawyer can assist individuals in gathering the necessary documents and evidence, filing the petition for termination or obtaining a Certificate of Rehabilitation, and preparing for any hearings or court decisions. They can also ensure that all legal requirements are met and address any concerns or challenges that may arise during the process.

Steps to Begin the Termination Process

To begin the termination process, individuals should first consult with a criminal defense lawyer experienced in PC 290 termination cases. The attorney will evaluate the individual's case, determine eligibility for termination or other options, and guide them through the necessary steps to initiate the process.

Gathering Necessary Documents and Evidence

As part of the process, individuals will need to gather relevant documents and evidence to support their petition for termination or other legal remedies. This may include proof of completion of the required registration period, certificates of rehabilitation, character references, and any other supporting documentation.

Filing the Petition for Termination

The next step is to file the petition for termination or other appropriate legal remedies with the relevant court or agency. The petition should include all necessary forms, supporting documentation, and a compelling argument for termination based on the individual's circumstances.

Preparing for a Hearing or Court Decision

In some cases, a hearing may be scheduled to review the petition for termination or other legal remedies. It is crucial to be prepared for the hearing by presenting a strong case, addressing any concerns raised by the court, and advocating for termination based on the individual's rehabilitation and low risk of reoffending.

Free San Diego PC 290 Registration Consultation

If you are in San Diego and seeking to terminate your PC 290 registration, Sevens Legal can provide a free consultation to evaluate your case and discuss your options. Our experienced criminal defense attorneys have a deep understanding of PC 290 laws and can guide you through the process of terminating your registration requirement.

How to Contact Our Sex Crimes Defense Attorneys

To schedule a free consultation with our sex crimes defense attorneys in San Diego, call Sevens Legal at (619) 430-2355. Our compassionate and experienced legal team will listen to your concerns, evaluate your case, and provide guidance on how to proceed with terminating your PC 290 registration. Take the necessary steps to protect your reputation and regain your privacy today.

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When Is It Worth It to Go Trialhttps://www.sevenslegal.com/criminal-attorney/when-is-it-worth-it-to-go-to-trial/Thu, 28 Sep 2023 16:45:47 -0700https://www.sevenslegal.com/criminal-attorney/when-is-it-worth-it-to-go-to-trial/Knowing when to take a case to trial or not can mean the difference of freedom or facing many more years in prison. Contact Sevens Legal to find out your options.

One of the most critical decisions you will make when facing criminal charges in San Diego is whether to accept a plea deal or go to trial. While each criminal case is unique, there are several factors to consider before making this decision. In this article, we will explore some of these factors, including the strength of the prosecution's evidence, the potential penalties and consequences, the defendant's criminal history, and public perception and media attention, as well as the role of a skilled criminal defense attorney. By understanding these factors, you can make an informed decision about whether it is in your best interest to go to trial or negotiate a plea deal.

Key Takeaways

One of the most critical decisions you will make when facing criminal charges in San Diego is whether to accept a plea deal or go to trial.

  • Before making a decision, it is essential to consider the potential penalties and consequences associated with your case.

  • One benefit of going to trial is the possibility of achieving a better outcome than what is offered in a plea deal, perhaps even a not-guilty verdict.

  • However, when the evidence against you is substantial or the potential penalties are severe, accepting a plea deal can result in reduced charges or a lighter sentence.

When facing criminal charges and deciding whether to go to trial, it is crucial to consult with a skilled criminal attorney to explore all available options.

Insights From a Skilled San Diego Defense Attorney

In one of Sevens Legal’s latest YouTube videos, San Diego criminal lawyer Sue Gerard discusses the significance of going to trial and when it might be a worthwhile endeavor, from the perspective of a legal professional. In this informative video, Ms. Gerard emphasizes the importance of feeling heard and having the opportunity to tell your side of the story, as well as how having your day in court can make a difference in your criminal case. Moreover, she discusses a scenario where the offer from the District Attorney may be unreasonable and explains why going to trial might be a viable option to fight for a better outcome. This video is highly recommended for individuals facing criminal charges and seeking guidance on whether to pursue a trial or accept a plea offer.

Factors to Consider Before Going to Trial

Strength of the Prosecution’s Evidence

One of the primary factors to consider before going to trial is the strength of the prosecution's evidence against you. Prosecutors have the burden of proving your guilt beyond a reasonable doubt. If the evidence against you is weak or unreliable, there may be a higher chance of obtaining a favorable outcome at trial. However, if the evidence is strong and there is a high likelihood of conviction, it may be more prudent to explore other options, such as negotiating a plea deal.

Potential Penalties and Consequences

It is essential to consider the potential penalties and consequences associated with your case. Going to trial can be a lengthy and costly process, and if convicted, you may face more severe penalties than if you had accepted a plea deal. Factors such as the nature of the crime, your criminal history, and the jurisdiction in which you are being prosecuted can all impact the potential consequences. It is crucial to consult with an experienced criminal lawyer to understand the potential risks and benefits of going to trial.

Defendant’s Criminal History

Your criminal history can also play a significant role in determining whether it is worth it to go to trial. If you have a prior criminal record, the prosecution may use this against you during trial, potentially leading to harsher penalties if convicted. However, if you have a clean record, going to trial may be a more viable option to clear your name and protect your future.

Public Perception and Media Attention

Public perception and media attention can heavily influence the outcome of a trial. High-profile cases often receive extensive media coverage, which can create bias and make it challenging to find an impartial jury. If your case has garnered significant public attention, it is crucial to consider how this may impact your chances at trial. Discussing this with your criminal lawyer can help you assess the potential challenges associated with public perception and media scrutiny.

What are the Top Reasons to Go to Trial?

Having Your Day in Court

One of the primary reasons individuals choose to go to trial is the desire to have their day in court. Going to trial allows you to present your side of the story, challenge the prosecution's evidence, and assert your innocence. For many defendants, the opportunity to have their case heard by a jury of their peers is an essential aspect of the criminal justice system.

Fighting for a Better Outcome

Another reason to go to trial is the possibility of achieving a better outcome than what is offered in a plea deal. Say you want to agree to a plea deal, but the offer from the District Attorney is unreasonable, perhaps because the DA is overcharging or wants you to plead guilty to multiple charges. In this type of situation, going to trial may result in a better outcome for you. By presenting a strong defense strategy and challenging the prosecution's case, there is a chance you may get some of the charges dismissed, or obtain a not-guilty verdict or a reduced sentence. Going to trial can offer defendants the opportunity to fight for their rights and potentially secure a more favorable outcome.

Opportunity to Present a Defense Strategy

Going to trial allows defendants to present a defense strategy aimed at undermining the prosecution's case. This may involve challenging the credibility of witnesses, introducing evidence that supports your innocence, or arguing that your actions were justified under the law. By presenting a well-crafted defense strategy, defendants can increase their chances of a successful outcome at trial.

Presumption of Innocence

In the criminal justice system, individuals are presumed innocent until proven guilty. Going to trial allows defendants to uphold this fundamental principle and force the prosecution to meet the high burden of proof required to secure a conviction. By asserting your innocence and exercising your right to a fair trial, you can challenge the prosecution's case and assert your constitutional rights.

Possibility of a Not-Guilty Verdict

The ultimate goal of going to trial is to secure a not-guilty verdict. By presenting a strong defense and casting doubt on the prosecution's evidence, there is a chance of being acquitted of the charges. While there are no guarantees in the courtroom, a not-guilty verdict can provide defendants with vindication and protect their future opportunities.

When Negotiating a Plea Deal Makes More Sense

While going to trial offers the opportunity for a favorable outcome, there are situations where negotiating a plea deal may make more sense. When the evidence against you is substantial or the potential penalties are severe, accepting a plea deal can result in reduced charges or a lighter sentence. It is crucial to assess the strength of the prosecution's case and consider the potential risks and benefits before making a decision.

Minimizing Potential Penalties

One of the downsides of going to trial is the potential for receiving more severe penalties if convicted. Prosecutors may seek harsher punishments for defendants who choose to go to trial rather than accepting responsibility through a plea deal. It is important to consult with a criminal defense lawyer to assess the potential consequences and weigh them against the likelihood of success at trial.

Avoiding the Uncertainty and Stress of a Trial

Trials can be lengthy, stressful, and emotionally draining for defendants and their families. The uncertainty of the outcome, the challenges of presenting a defense, and the potential impact on personal and professional life can take a toll. Some individuals may choose to avoid the uncertainty and stress of a trial by accepting a plea deal that offers more certainty and a quicker resolution to the case.

Protecting Personal and Professional Reputation

Trials often receive media attention, which can lead to public scrutiny and potential damage to an individual's personal and professional reputation. Even if acquitted, the stigma associated with criminal charges can linger. Accepting a plea deal may offer the opportunity to minimize public exposure and protect one's reputation.

Why Do Most Cases Never Go to Trial?

While trials are an integral part of the criminal justice system, not all criminal cases go to trial. In fact, the majority of cases are resolved through plea bargains, where defendants agree to plead guilty or no contest in exchange for reduced charges or a lighter sentence. Plea bargains offer efficiency and certainty, allowing both the prosecution and the defense to avoid the time and resources required for a trial. However, the decision of whether to go to trial ultimately rests with the defendant.

The Role of a Skilled Criminal Attorney

When facing criminal charges and deciding whether to go to trial, it is crucial to consult with a skilled criminal attorney to explore all available options. An experienced lawyer can assess the strengths and weaknesses of your case, craft a defense strategy tailored to your specific circumstances, and negotiate with the prosecution on your behalf. They will guide you through the trial process, help you understand the potential risks and benefits, and advocate for your rights. With their expertise and knowledge of the criminal justice system, they will work tirelessly to achieve the best possible outcome for your case.

Free San Diego Criminal Defense Consultation

If you are facing criminal charges in San Diego, it is crucial to seek legal representation from an experienced criminal defense attorney. At Sevens Legal, our dedicated team of lawyers is committed to providing personalized and aggressive defense strategies to protect your rights. We offer a free legal consultation to discuss your case and assess the best course of action. Call us today to schedule your consultation.

How to Contact Our Criminal Defense Lawyers

If you need experienced criminal defense representation in San Diego, do not hesitate to contact our team at Sevens Legal. We are available to assist you and provide the legal guidance you need. Call us at (619) 430-2355 or visit our website to learn more about our services and schedule a consultation. We are here to fight for your rights and help you navigate the complexities of the criminal justice system.

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Sevens Legal Receives Double Finalist Nominationhttps://www.sevenslegal.com/blog/sevens-legal-recieves-double-finalist-nomination/Fri, 18 Aug 2023 12:40:25 -0700https://www.sevenslegal.com/blog/sevens-legal-recieves-double-finalist-nomination/Sevens Legal, a renowned criminal defense law firm in San Diego, has been recognized as a double finalist in the San Diego Reader Best Of Poll 2023 for the Best DUI Attorney and Best Criminal Attorney categories. This prestigious honor highlights the firm’s expertise and success in the fields of DUI and criminal defense.

Sevens Legal has built a strong reputation for delivering exceptional legal services to clients facing DUI and other criminal charges, which is reflected in our nominations. Our track record speaks for itself, showcasing our commitment to expertly serving our clients’ legal needs. Read below to learn how to cast your vote for Sevens Legal or call our firm today at (619) 430-2355 for qualified legal help.

Key Takeaways

Sevens Legal has been recognized as a double finalist in the San Diego Reader Best Of Poll 2023 for Best DUI Attorney and Best Criminal Attorney.

  • The Best of San Diego poll is an annual event that celebrates the top businesses and professionals in various industries throughout the city.

  • Sevens Legal has built a solid reputation for its exceptional legal representation in the areas of DUI and criminal defense.

  • By casting your vote, you can help Sevens Legal claim the top spot in both categories and solidify our position as San Diego’s premier DUI and criminal defense firm.

What is the Best of San Diego Poll?

The Best of San Diego poll is an annual event that celebrates the top businesses and professionals in various industries throughout the city. It is organized by the San Diego Reader, a well-known local publication, and the winners are determined through a voting process that involves the participation of the community. This highly anticipated event showcases the best of the best in San Diego, recognizing those who have made a significant impact and have consistently delivered outstanding services to their clients.

Sevens Legal’s Proven Success in DUI and Criminal Defense Sevens Legal is widely recognized for providing exceptional legal representation in the areas of DUI and criminal defense. Led by a team of highly skilled and experienced attorneys, our firm has been helping clients navigate complex legal challenges for over a decade.

When it comes to DUI defense, Sevens Legal understands the serious consequences that a conviction can have on an individual’s personal and professional life. Our team of dedicated DUI defense attorneys is committed to providing strategic and aggressive defense strategies to help clients avoid the most severe penalties.

Our team of skilled attorneys is well-versed in a wide range of criminal charges, including drug crimes, theft, assault, domestic violence, and more. We understand the complexities of the criminal justice system and work tirelessly to protect our clients’ rights and obtain the best possible outcomes.

What sets Sevens Legal apart from other law firms is our commitment to providing exceptional legal services to our clients. Our attorneys understand that facing criminal charges or dealing with a DUI can be an emotionally intense and challenging experience. That’s why we approach each case with compassion, integrity, and a relentless pursuit of justice. We take the time to listen to our clients’ concerns, thoroughly investigate the facts of the case, and develop personalized strategies tailored to each client’s unique situation.

If you believe that Sevens Legal is deserving of the titles of Best DUI Attorney and Best Criminal Attorney in the 2023 Best of San Diego poll, you have the power to make a difference. Your vote can help us secure the top spot in both categories. Casting your vote is quick and simple, and it only takes a few minutes of your time. Here’s how you can show your support:

Click here to access the voting page.

  • Log in using your Google account or email. If you don’t have an account with BestOfSanDiego, one will be created for you in the next step.

  • Once logged in, you will be directed to the voting page for “Best Criminal Defense Attorney.” Select Sevens Legal and click “vote.”

  • Next, you’ll be taken to the voting page for “Best DUI Defense Attorney.” Again, select Sevens Legal and click “vote.”

Your participation and support are crucial to Sevens Legal’s success in the Best of San Diego poll! Cast your vote now through September 6 and help us solidify our position as San Diego’s premier DUI and criminal defense firm. The winners will be announced in the Best of 2023 issue, out on October 5.

Free San Diego DUI and Criminal Defense Consultation

If you find yourself in need of a skilled criminal lawyer in San Diego, Sevens Legal is here to help. We understand the severe consequences that criminal charges can have on your life, and we are dedicated to protecting your rights and achieving the best possible outcome for your case. To get started, we offer a free consultation where you can discuss the details of your case and receive essential knowledge and feedback. Don’t hesitate to reach out and schedule your free consultation today.

How to Contact Our Criminal Defense Attorneys

If you are in need of immediate legal assistance or have any questions, don’t hesitate to contact our experienced criminal defense attorneys at Sevens Legal. We are ready to provide you with the support and guidance you need during this challenging time. You can reach us today by calling (619) 430-2355.

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Understanding Hit and Run Chargeshttps://www.sevenslegal.com/blog/understanding-hit-and-run-charges/Fri, 04 Aug 2023 20:52:00 -0700https://www.sevenslegal.com/blog/understanding-hit-and-run-charges/If you find yourself facing hit and run charges in San Diego, it is crucial to understand the gravity of the situation and seek the guidance of a skilled criminal defense attorney.Facing hit and run charges is a serious matter that requires the expertise of a skilled criminal defense attorney. With the right legal representation, you can navigate the legal process with confidence and work towards a favorable outcome. In this article, we will delve into the topic of hit and run charges in California. We will explore the different types of hit and run offenses, the potential penalties, and the possible defenses against these charges. If you find yourself facing hit and run charges in San Diego, it is crucial to understand the gravity of the situation and seek the guidance of a skilled criminal defense attorney. You can reach our knowledgeable criminal defense attorneys at Sevens Legal by calling (619) 430-2355 today.

Key Takeaways

  • A hit and run occurs when a driver involved in an accident fails to stop at the scene and fulfill their legal obligations.
  • A hit and run conviction can lead to significant penalties, including fines, potential jail time, and the loss of driving privileges.
  • Sevens Legal’s Jay Monico recently showcased his abilities in a challenging case involving a charge of hit and run causing death.
  • Mr. Monico’s case serves as a stark reminder of the severe consequences that accompany hit and run charges.
  • The case also emphasizes how critical it is to retain the services of an experienced criminal defense attorney who will tirelessly fight for your rights and advocate on your behalf.
  • If you find yourself facing hit and run charges in San Diego, it is crucial to understand the gravity of the situation and seek the guidance of a skilled criminal defense attorney.

A Look at Jay Monico’s Recent Hit and Run Case

Jay Monico, an accomplished criminal defense attorney at Sevens Legal, recently showcased his abilities in a challenging San Diego hit and run case. The case involved a 42-year-old individual who faced felony charges of hit and run. He was arrested in April 2022 by the U.S. Marshals Service for his alleged involvement in a 2019 accident that resulted in the death of 52-year-old Maria Estrada Romero, a woman fondly known as Barrio Logan’s “Tamale Lady.” The incident took place at the intersection of Cesar E. Chavez Parkway and Kearney Avenue in Logan Heights.

Jay Monico’s legal expertise was evident as he vigorously defended the man, arguing that there was a lack of evidence and witnesses to support the hit and run charge. Despite Mr. Monico’s best efforts, a San Diego jury ultimately delivered a guilty verdict, holding him accountable for the hit and run causing death.

Mr. Monico’s case serves as a stark reminder of the severe consequences that accompany hit and run charges. It also emphasizes how critical it is to retain the services of an experienced criminal defense attorney who will tirelessly fight for your rights and advocate on your behalf.

Understanding Hit and Run Charges in California

California has strict laws regarding hit and run offenses. A hit and run occurs when a driver involved in an accident fails to stop at the scene and fulfill their legal obligations. These legal obligations include providing identification, exchanging insurance information, and rendering aid if necessary. Failure to comply with these requirements can result in serious criminal charges. It is important to note that hit and run offenses can apply to both accidents involving property damage and accidents causing injury or death.

Types of Hit and Run Charges

Hit and run charges in California can be categorized into two types: misdemeanor and felony. The distinction between the two lies in the severity of the accident and the resulting consequences.

Misdemeanor Hit and Run

A misdemeanor hit and run charge typically applies when the accident only involves property damage. For example, if you accidentally collide with another vehicle or damage someone’s property and you leave the scene without providing the necessary information, you may face misdemeanor charges. While misdemeanor charges may not carry the same level of severity as felonies, it is important to take them seriously. A conviction can still lead to significant penalties, including fines and potential jail time.

Felony Hit and Run

Felony hit and run charges come into play when the accident results in injury or death to another person. Regardless of whether you caused the accident or not, leaving the scene of an accident where someone is injured or killed is a serious offense. It is crucial to understand that even if you were not at fault for the accident, you can still be charged with felony hit and run if you fail to stop and fulfill your legal obligations. The potential consequences for a felony hit and run conviction can be severe, including substantial prison time, hefty fines, and the loss of driving privileges.

Are Hit and Run Felonies?

Yes, hit and run charges can be classified as felonies. As mentioned above, if the accident causes injury or death to another person, the hit and run offense is considered a felony. It is important to remember that the severity of the charges depends on the circumstances surrounding the accident and the resulting harm. If you are facing felony hit and run charges in San Diego, it is crucial to seek the assistance of an experienced criminal defense attorney who can guide you through the legal process and work towards a favorable outcome.

Possible Defenses Against Hit and Run Charges

If you are facing hit and run charges in California, there are several defenses that can be explored to challenge the allegations against you. It is essential to consult with a skilled criminal defense attorney to determine the most suitable defense strategy for your case. Let’s take a look at some possible defenses against hit and run charges:

Lack of Knowledge

One potential defense against a hit and run charge is to argue that you were unaware of the accident. If you genuinely did not realize that you were involved in a collision, it may be challenging for the prosecution to prove that you intentionally left the scene. This defense can be particularly effective if the accident resulted in minor property damage and there were no witnesses present. Necessity

Another defense strategy is to argue that leaving the scene of the accident was necessary due to extenuating circumstances. For example, if you needed to leave to seek immediate medical attention for yourself or someone else, you may be able to assert the defense of necessity. It is crucial to demonstrate that there was a genuine emergency that required your immediate departure from the scene. Duress

The defense of duress can be invoked if you left the scene due to a threat or coercion. If someone forced you to flee the scene under the threat of harm, you may be able to argue that you acted under duress. This defense requires providing evidence and testimony to substantiate the claim of coercion.

Penalties for Hit and Run Convictions

The penalties for hit and run convictions in California can vary depending on the specific circumstances of the case, including the extent of the injuries or damage caused. Let’s take a closer look at the potential consequences for hit and run convictions:

Misdemeanor Hit and Run Penalties

If you are convicted of misdemeanor hit and run in California, the penalties can include:

  • Up to one year in county jail
  • Fines of up to $1,000
  • Restitution to the victims for property damage or other losses
  • Potential probation

Felony Hit and Run Penalties

For felony hit and run convictions, the penalties can be much more severe, including:

  • State prison time, ranging from several years to a decade or more
  • Significant fines
  • Restitution to the victims
  • Loss of driving privileges
  • Potential probation

It is crucial to note that these penalties are not set in stone and can vary based on the specific circumstances of the case and the defendant’s prior criminal record. An experienced criminal defense attorney can advocate on your behalf to potentially mitigate the penalties you may face.

Can Hit and Run Charges be Dropped?

Whether hit and run charges can be dropped depends on the unique circumstances of each case. It is essential to consult with a skilled criminal defense attorney who can thoroughly evaluate the evidence against you and identify any weaknesses in the prosecution’s case. They can negotiate with the prosecution and explore possible alternatives, such as plea bargains or diversion programs. However, it is important to remember that dropping charges entirely is at the discretion of the prosecution and the court.

Working with a Criminal Defense Attorney

If you are facing hit and run charges in San Diego, it is crucial to seek the assistance of a skilled criminal defense attorney who specializes in handling hit and run cases. A knowledgeable attorney can guide you through the legal process, explain your rights, and develop a strong defense strategy tailored to your specific circumstances. They will work diligently to protect your rights, challenge the evidence against you, and strive for the best possible outcome in your case.

How Hit and Run Investigations Work

When a hit and run occurs, law enforcement agencies initiate investigations to identify the responsible party. Investigations may involve various techniques, including:

  • Gathering witness statements
  • Examining surveillance footage
  • Analyzing physical evidence at the scene
  • Checking nearby businesses or residences for potential video footage or witnesses
  • Running license plate checks
  • Interviewing potential suspects or individuals with information

It is essential to understand that hit and run investigations can take time, and law enforcement agencies will actively pursue leads to identify and apprehend the responsible party.

Free San Diego Criminal Defense Consultation

If you or someone you know is facing hit and run charges in San Diego, it is crucial to seek legal guidance as soon as possible. Sevens Legal is a reputable criminal defense law firm in San Diego with experienced attorneys who specialize in handling hit and run cases. We offer free initial consultations to discuss your case, evaluate the evidence against you, and provide an honest assessment of your legal options. Our compassionate and dedicated team is committed to protecting your rights and vigorously advocating for your defense.

How to Contact Our Criminal Defense Attorneys

If you are in need of an experienced criminal defense attorney in San Diego, don’t hesitate to reach out to Sevens Legal for a free consultation. You can contact us at (619) 430-2355 to learn more about how we can protect your rights. Our team is available to provide the guidance and support you need during this challenging time.

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Sevens Legal Chosen for Best Place To Work In San Diego 2022https://www.sevenslegal.com/blog/sevens-legal-chosen-for-best-place-to-work-in-san-diego-2022/1054/Mon, 26 Sep 2022 10:44:31 +0000https://www.sevenslegal.com/blog/sevens-legal-chosen-for-best-place-to-work-in-san-diego-2022/1054/Meta description: Sevens Legal is honored to be awarded Best Places To Work In 2022 by The San Diego Business Journal’s yearly ranking.We are proud to announce that Sevens Legal has been chosen to receive the Best Places To Work in 2022 award by the San Diego Business Journal. The Journal offers weekly insights into business news and information about the San Diego area’s people, industries, and businesses. Their annual Lists program recognizes companies whose policies, practices and benefits are tops in the region. Our staff and award winning attorneys understand the difficulties that being charged with a crime can bring.  We strive for excellence and to get our clients the best possible outcome.

What We Can Do For You

Anyone accused of and charged with a crime in California and the United States has the right to legal defense. As the largest private criminal defense firm in the San Diego area, we represent people from all ages and walks of life who are faced with criminal charges. We offer the best legal representation in San Diego for those who find themselves dealing with a criminal case. Being selected as a Best Place To Work means our staff believes in our mission of helping people in need. Our dedication to our clients is part of our firm’s core mission. Pride in our work shows, and our clients thank us every day for the help we’ve given them. Positive reviews on Yelp and Google with comments like “top-notch firm”  and “dedication to the law”  let us know that we’re doing the right thing for our clients. We believe in doing nothing less than the best for everyone who comes to us for help.  

Innocent Until Proven Guilty

It takes little for someone with a grudge to make accusations of wrongdoing against someone. In an instant, your hard-earned reputation can be ruined with allegations of criminal activity. Criminal charges can immediately ruin your career, family, and life. We provide legal defense for:

Why You Need Criminal Defense

Many people accused of a crime have done nothing wrong, even those charged with serious crimes. They never expected to be in such a situation. Suddenly, they’re arrested, or find out they are under investigation for something they’re not involved in. It’s a life-changing experience that can happen in the blink of an eye. Many people don’t know where to seek help in a difficult situation. Their lives may be changed forever—and damaged. Fortunately our proven track record and over 40 years of combined experience allows us to proficiently help our clients with their cases. Our clients feel that we are “more than just a law firm to them.”  Our passion for the law drives us to strive to do our best every day for every client and keep each client informed on their cases. We’re proud to earn the trust of our clients when they need us the most.

Attorney Samantha Greene

Samantha Greene is recognized in California as a certified criminal law specialist with more than 15 years of experience helping clients. She received her Juris Doctor from the University of San Diego School of Law and began her legal career immediately. Before starting a private practice, Samantha worked as a:

  • Deputy District Attorney for San Diego County
  • Certified Law Clerk for the Public Defender’s Office
  • Senior Associate for one of San Diego’s top trial law firms

Criminal accusations are one of the most challenging things anyone can face. Because she understands what criminal charges can bring to the accused and their family, Samantha aggressively defends each of her clients to get the best results.

Experience That Counts

Our attorneys have over 40 years of experience as trial lawyers helping people navigate the criminal justice system. With an office in San Diego and another in Escondido, Sevens Legal has been helping people with criminal defense for over 30 years. We handle cases in both state and federal court for all types of clients. We are committed to providing our clients with the highest level of service regardless of their situation. Your first consultation is free. We can offer you suggestions and guide you through the process. Call or text us today at (619) 430-2355 to get started.

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Former Broker Joshua David Nicholas Pleads Guilty to Fraud Charges in Crypto Ponzi Schemehttps://www.sevenslegal.com/blog/former-broker-joshua-david-nicholas-pleads-guilty-to-fraud-charges-in-crypto-ponzi-scheme/1051/Fri, 16 Sep 2022 11:30:25 +0000https://www.sevenslegal.com/blog/former-broker-joshua-david-nicholas-pleads-guilty-to-fraud-charges-in-crypto-ponzi-scheme/1051/Joshua David Nicholas, 28, of Stuart, Florida, along with two co-conspirators, were each charged with one count of conspiracy to commit wire fraud and one count of conspiracy to commit securities fraud by a South Florida federal grand jury. Nicholas pleaded guilty to conspiracy to commit securities fraud. Nicholas and his cohorts promoted him as the “head trader” for his company. Called EmpiresX, it was also known as Empires Consulting Corp. The company was allegedly a cryptocurrency platform. Court documents indicate that Nicholas and his co-conspirators made misleading claims about the platform and his company. Their selling point was a fictitious trading bot called EXBOT that used a combination of artificial and human intelligence to maximize investor profitability. The bot allegedly offered “guaranteed” returns for investors and prospective investors, claiming daily returns of 1%.

How EmpiresX Made Money

Using social media and Zoom calls, the trio marketed EmpiresX to potential investors, with EXBOT as their unique selling proposition. The truth is:

  • EmpiresX was a Ponzi scheme
  • “Dividends” were paid to investors with funds from other investors
  • Real-time live presentations they made on Zoom were fraudulent
  • EXBOT did not exist
  • During the operation of their Ponzi scheme, Nicholas hid his prior involvement with securities and presented himself as another. His partners referred to him as a “genius trader,” but he was no longer a registered broker.
  • The firm was never registered with the SEC as they claimed, and had no exemption for registration

The trio bilked over $100 million from the investors and laundered funds through a foreign cryptocurrency exchange. They also misappropriated investor funds for attorney’s fees, high-end clothing, and luxury vehicles. Initially, they told investors that they could withdraw money at any time and allowed investor withdrawals. Over time, they added fees and other obstacles to discourage withdrawal after the scheme began to collapse. In October 2021, they held a meeting and claimed to have paid out $112 million to investors. They also falsely claimed that within the prior week, they made 7,000 payments totaling $12 million. One month later, they prevented investors from withdrawing funds. If convicted, Nicholas could spend five years in prison for fraud.

Nicholas’ Prior Misconduct

Nicholas began his career in 2016 as a registered broker and investment advisor with Merrill Lynch. He was terminated in 2020 for multiple violations. They include forging a client’s signature on a document and offering untrue information about his outside business activities while at the firm, where two customers lost $1 million. He was also cited for giving unsuitable investment recommendations, omissions of material facts, and engaging in “selling away,” or selling investments not vetted or authorized by the firm. The Financial Industry Regulatory Authority, or FINRA, permanently barred Nicholas from acting as a broker on 1/24/2022. Nicholas’ broker record is publicly available on FINRA’s BrokerCheck website and includes the most recent SEC case involving the Ponzi scheme. The National Futures Association, a regulatory agency for the derivatives industry, also suspended Nicholas’ membership. This included soliciting a $300,000 loan for his company, JDN Capital, using “misleading information,” and then misappropriating the funds for personal use. He solicited the loan from a client for additional investing and fabricated statements from a fictitious brokerage account. FINRA also conducted its own investigation into the JDN Capital dealings.  

California Corporations Code

Fraud encompasses a range of offenses and is a white-collar crime. Securities fraud in The Golden State is covered by the California Corporations Code. This law was modeled on Section 12(a)(2) of the Securities Act of 1933, also called the “truth in securities law.”  In Section 25401 of the California Corporations Code states that it’s unlawful to buy or sell a security with either incorrect information or omitting important information to intentionally mislead a person into making a purchase. Section 25540(b) states that a person who violates California’s securities law can face prison for as long as five years under Section 1170 of the Penal Code. Additionally, they can be subjected to fines of no more than $10 million, in addition to a prison sentence. Under People v. Koenig, 58 Cal. App. 5th 771 (2020), the Court established that securities fraud is a general intent crime if someone:

  • Has knowledge of the false or misleading nature of representation or of the corporality of the omission, or
  • Has criminal negligence in failing to acquire the knowledge

Should someone intentionally commit fraud like Nicholas, it’s a crime. But unintentional fraud can also lead to fines and prison time. Examples of unintended fraud include:

  • A broker or investment advisor who makes unsuitable recommendations based on incorrect information
  • An investor who unintentionally discloses “insider information”
  • Sellers who omit disclosures of risk in a particular investment or security

This means that someone can be accused of (and charged with) fraud in California even if they never intended to commit fraud. Only misrepresentation or omission of material facts are required to show fraud. California’s Penal Code 532 PC also addresses _“theft by false pretenses”—_that is, defrauding someone out of money or property with false promises or representations. The fraud can be prosecuted as either a misdemeanor or a felony, depending on the circumstances.

Are You Facing A Fraud Investigation?

You need to consult with a skilled and experienced criminal defense attorney immediately. Fraud charges are serious and can lead to jail time. This can impact you, your family, your life, business, freedom and your future. Sevens Legal Criminal Lawyers provides quality legal counsel for individuals who are being investigated or charged with fraud in San Diego. The right legal counsel can make the difference between acquittal or a plea deal and a prison sentence. We will work with you on what you should and should not say during interviews and questioning to avoid self-incrimination or harm to your defense in court. It’s important that anyone under investigation for fraud understand their rights at the outset. You should also have defense counsel that’s experienced and dedicated to aggressively defending your rights. If you are facing fraud charges, Sevens Legal can provide you with a strong defense for allegations such as:

  • Credit card fraud
  • Identity fraud
  • Insurance fraud
  • Welfare fraud

As well as other types of fraud. Contact attorney Samantha Greene today at Sevens Legal Criminal Lawyers, for a free consultation. We’ll discuss your case with you and let you know your legal options. We work to get the best possible outcomes for all our defense cases.

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WHAT YOU NEED TO KNOW ABOUT THE CHILD ABUSE CRIMINAL INDEX (CACI)https://www.sevenslegal.com/blog/what-you-need-to-know-about-the-child-abuse-criminal-index-caci/1015/Wed, 17 Aug 2022 16:44:59 +0000https://www.sevenslegal.com/blog/what-you-need-to-know-about-the-child-abuse-criminal-index-caci/1015/Investigation’s relating to child abuse can lead to severe repercussions for you if you are the target of an inquiry. Therefore, it is important to reach out to a lawyer as soon as possible if you find yourself at the center of an investigation or subject to a grievance hearing. Having excellent representation from a law firm like Stevens Legal, APC, which is well-versed in these types of cases, can mean the difference between having your name put on the state register for years or being cleared of charges. They have helped clients throughout San Diego and Southern California with child abuse criminal defense cases.

WHAT IS THE CHILD ABUSE CENTRAL INDEX (CACI)?

A central register to compile information related to child abuse investigations was created in 1965 to help California state, and local agencies protect children from potential offenders. This register is known as the Child Abuse Central Index or CACI for short.

As child abuse investigations are reported, the relevant information is recorded on the CACI for future reference. The names on this list are then screened for future licensing and employment, particularly for positions involving interaction with children. Maintained by the state’s Department of Justice, the CACI lists suspected child abusers and those suspected of engaging in physical, sexual, and mental abuse and neglect of a minor child.

WHAT INFORMATION IS ON THE CACI?

The reports registered on the CACI include the names and descriptions of suspects and victims. It will also include which agency conducted the investigation, the case number or name, and the type of abuse being investigated. It provides a quick reference for additional research an employer or licensing body might have about a specific person.

WHY IS MY NAME ON THE CACI CHILD ABUSE CENTRAL INDEX?

Your name would likely appear on the CACI if you have been reported by a child welfare agency, identified by law enforcement, or even reported by some party that is a mandated child abuse reporter, such as daycare or school. It is also common for reports to be brought forth upon information received by close family members, parents, neighbors, and anyone in your social circles.

WHAT DO I DO IF CONTACTED BY A SOCIAL WORKER INVESTIGATING A CASE?

If you are contacted by a social worker investigating a case, you should first reach out to a lawyer before you sit down and speak with anyone. A common mistake that people in this position make is to freely share information with a social worker thinking that the social worker will be on their side. Anything said could be used against you in a case, so it is important to have the proper advice of someone experienced in these cases.

WHAT HAPPENS AFTER A SOCIAL WORKER INVESTIGATION?

Upon the completion of an investigation, the social worker will determine whether the allegations are either without merit, supported by their findings, or inconclusive. Your name will be placed on the Child Abuse Central Index only if the allegations related to the investigation are substantiated.

WHO CAN SEE THE NAMES ON THE CACI?

The CACI database cannot be shared freely with the general public but can be viewed by agencies and employers who offer positions or activities related to interacting with children. For example, judges, employers, licensing agencies, volunteer organizations, and military organizations are among many that would require access to the information on the CACI.

HOW LONG WILL MY NAME BE ON THE CACI CHILD ABUSE CENTRAL INDEX AND WHAT ARE THE CONSEQUENCES?

Unless a successful appeal occurs, your name would remain on the CACI for the remainder of your life if the allegations investigated by a social worker were deemed substantiated. This would likely affect your ability to parent, obtain a security clearance, or participate in an adoption. It would even prohibit your partner from running a daycare in your home. Any guardianship agreements you might have with other family members would become unlawful. As you can see, this has wide-reaching ramifications.

DO I NEED A LAWYER PRESENT FOR A CACI GRIEVANCE HEARING?

Prior to your name being placed on the CACI, you will receive a letter notifying you and providing you with the last chance to fight the findings in a hearing. In what is called a ‘grievance hearing,’ you have the opportunity to argue against having your name put on the registry. While you do not NEED a lawyer present, given the long-term impact of a negative outcome, we highly suggest that you have someone competent in these matters present to give you the best chance to win your case.

WHERE CAN I FIND A CACI DEFENSE LAWYER IN SAN DIEGO?

Few lawyers specialize in CACI cases. Attorney Samantha Ashley Greene of Sevens Legal Criminal Lawyers in San Diego, has successfully defended against child abuse allegations in grievance hearings. She has the knowledge and experience to help you avoid having your name placed on the Child Abuse Central Index.

ABOUT SAMANTHA A. GREENE

Samantha Ashley Greene of Sevens Legal Criminal Lawyers in San Diego, is a distinguished criminal law specialist in the state of California. She has represented individuals in a wide range of cases, including CACI cases. It is not only her exceptional knowledge of the law but also her passion for the criminal defense that has brought her much success in the courtroom. Samantha has been recognized by her clients and peers, winning top accolades as Top San Diego Criminal Defense Attorney in 2012. She also recently won the Client Choice award from AVVO and the Top Attorneys award from San Diego County.

If you find yourself requiring help with a CACI case, you can contact Samantha A. Green by calling the offices of Sevens Legal Criminal Lawyers, at 619-430-2355 to set up a free consultation.

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When Cyberbullying Becomes a Crimehttps://www.sevenslegal.com/blog/when-cyberbullying-becomes-a-crime/1008/Fri, 17 Jun 2022 20:52:12 +0000https://www.sevenslegal.com/blog/when-cyberbullying-becomes-a-crime/1008/As a parent, it’s crucial to know when cyberbullying becomes a crime so that you can safeguard your children from its effects and lifelong repercussions.Cyberbullying is among the most stress-causing issues that is snowballing. We know bullying is not old and has always been a part of schools and colleges. However, students now have access to the internet, social media apps, and mobile phone, making it easy for them to reach out to more people online. 

The victim may be traumatized for life, and the bully may have to face the court, pay a hefty fine, or even go to jail. In the case of cyberbullying and related cybercrimes, both the victim and the bully may suffer.

Moreover, cyberbullying is related to depression and increased anxiety, which may affect your child’s mental and emotional safety. As parents, it’s incredibly crucial to understand when cyberbullying becomes a crime so you can protect your children and their future. 

We’ll discuss different forms of cyberbullying and what you can do to ensure your kids are not suffering in any way. 

What Is Considered Cyberbullying


Cyberbullying includes the use of electronic devices and the internet to cause mental harm, harass, annoy, or scare an individual. This may be done by sharing embarrassing messages, images, videos, and links directly or in a group. 

This also includes hacking with the intention to cause fear and inconvenience. The bully may be anonymous, or the victim may know who’s behind the bullying.

Apart from parental guidance, there are anti-bullying rules and regulations according to the California Penal Code 653.2 PC. As per the penal code, any electronic media, including texts or emails, with an intention to harm, harass, threaten, and cause fear to an individual or their family is considered a crime. Also, a risk to the safety of physical and mental well-being via electronic means is regarded as a cybercrime. 

Publishing non-consensual images, videos, messages, screenshots, and personal information that puts an individual at risk and may be charged with a misdemeanor or guilty of cyberbullying. The bully may have to pay a one thousand dollar fine or be punished for up to one year in county jail if found guilty, or both. 

What are the Top 10 Forms of Cyberbullying?


Cyberbullying may have more than one form. A victim may suffer from one or more of these at a time as the bullies try to harm them through any possible means. Knowing how a bully may attack is necessary to stay vigilant and plan your next action. Here are the top ten forms of cyberbullying one must always be on the lookout for.

  •  Fake social media profiles

Anyone online may find your child’s account and create a profile similar to theirs. They may even send messages to their friends.

  •  Mean comments

Someone may post mean comments under your child’s pictures and videos. Many bullies create fake accounts to do so. Keeping the profile private or limiting the comments may be one way to discourage such bullies. 

  •  Online harassment

This includes asking for pictures, intentionally saying mean things, and sending threatening messages. Anyone who is constantly malicious messaging and expecting replies may also create fear and stress. 

  •  Humiliation

A person may find a delicate piece of information about your child and use it to humiliate them. They may share this private information with others and embarrass the victim.

  •  Cyberstalking

A cyberstalker may not be someone who’s just keeping an eye on your child online. It may also lead to physical harm and endanger your child’s safety.

  •  Fraping

Fraping is impersonating someone by getting a hold of their social media account and sharing inappropriate content with others online. 

  •  Dissing

This includes someone sharing unkind information about your child, damaging their reputation, relationships, and friendships. It can lead to the victim feeling alienated. 

  •  Trickery

Using trickery, a stranger may gain your child’s trust and ask them to share secrets. Then the bully may use this information to embarrass the victim publicly. 

  •  Trolling

A bully or a group of bullies may troll an individual with deliberate insults, edit pictures, or use foul language on social media profiles. One new trend of trolling includes creating memes and circulating them online. 

  • Catfishing

This may include your child’s pictures getting stolen and someone using them to create profiles and talk to other people with this created identity. A catfish hides behind someone’s identity and may leak your child’s information to a stranger. As a result, it may put your child at risk while damaging their reputation. 

Is Cyberbullying Illegal in California?


Yes, cyberbullying is illegal in California. A bully may face jail time, a fine, or both depending upon the case. As per the law, every school in California must have policies and regulations in place to protect children from cyberbullying. An individual may have criminal charges imposed by the prosecutor for posting private information via electronic devices resulting in fear.

In California, it’s a misdemeanor offense to post private information about an individual that may cause stress or fear. Moreover, it’s unlawful to harass someone online and send obscene texts and images. All parents must make a point to discuss this information with their kids so that they know their rights and also do not participate in such activities. 

Are cyberbullying laws effective?

The cyberbullying laws in California are effective. The laws make it mandatory for the California Department of Education to include information, resources, and curricula in schools against bullying and cybercrimes. 

Moreover, the institutes must build strategies and resources to curb cyberbullying and encourage students to know their rights. They also have training modules for teachers and parents to address cyberbullying. The stern rules, fine, and jail time if found guilty also discourages pupils from bullying others.


Now you know when cyberbullying becomes a crime and when you should contact for legal help. If you know someone who is getting bullied or is accused of bullying, contact Sevens Legal Criminal Lawyers, and get free expert consultation for the case. 

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 430-2355

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Local Driving School Instructor Charged with Molesting a 16-year-old La Jolla Female Studenthttps://www.sevenslegal.com/sexual-assault/local-driving-school-instructor-charged-with-molesting-a-16-year-old-la-jolla-female-student/1006/Wed, 15 Jun 2022 23:54:30 +0000https://www.sevenslegal.com/sexual-assault/local-driving-school-instructor-charged-with-molesting-a-16-year-old-la-jolla-female-student/1006/San Diego-based driving school instructor has been arrested and charged with several sex crimes.A San Diego-based driving school instructor has been arrested and charged with several sex crimes.

The instructor, Mohammad Mashal, 44, picked up the 16-year-old female victim at her school on September 30, 2021. He was to give the victim a behind-the-wheel lesson in the La Jolla area and then take her home.

Academic Driving School, licensed by the California Department of Motor Vehicles, employed Mr. Mashal.  

According to the court documents, Mr. Mashal picked the victim up and had the victim drive around the La Jolla area for 15-20 minutes. He then instructed the victim to drive to the Mission Bay area.

On the way to Mission Bay, Mr. Mashal commented about the victim’s appearance, including her looking like an “Asian Barbie.” He also allegedly asked her personal questions about her relationships, sexual history, and age.

The court documents further allege Mr. Mashal massaged the victim’s hands and thigh under her skirt while in a parking lot near Mission Bay Golf Course. He later touched her back under her shirt, squeezed her thigh, and kissed her hand.

At that point, the victim allegedly flinched, and Mr. Mashal started to drive her home.

Court documents say that the victim did not want Mr. Mashal to know where she lived. Therefore, she asked him to drop her off at a local café, which he did. She texted a friend who met her at the café.

Mr. Mashal has been charged with child molestation, false imprisonment, and battery. He was arraigned on May 25th. His next court appearance is July 5th.

Mr. Mashal is being represented by Ari Lieberman of Sevens Legal Criminal Lawyers.

Below is a description of the charges facing Mr. Mashal.

Child Molestation Charges Explained

Penal Code 288 PC makes it a crime for a person to commit a lewd or lascivious act on a child under the age of 16. Touching a child for sexual purposes is a lewd or lascivious act.

Depending on the age of the child and the nature of the contact (which does not have to be on the child’s bare skin), the charges under this section could be misdemeanors or felonies. 

If charged as a misdemeanor, conviction of violating Penal Code 288 PC could mean up to one year in county jail.

If convicted of a felony, the judge could sentence the defendant to life in state prison.

To defend against a charge of child molestation under this section, the defendant would have to show that any touching of the child was not sexual in nature.  

Another common defense to this charge is that the victim made a false accusation.

False Imprisonment Charges Explained

Under California Penal Code 236 PC, false imprisonment is “the unlawful violation of the personal liberty of another.” False imprisonment occurs when the defendant unlawfully restrains, detains, or confines a person against their will.

Prosecutors can charge false imprisonment as a felony or misdemeanor. They charged felony false imprisonment when the defendant uses violence or threats to detain the victim (that does not appear to have happened in Mr. Mashal’s case). 

To convict someone of false imprisonment, the state would have to show that the defendant detained someone against their will. 

There are several defenses to false imprisonment charges. These include consent, shopkeepers’ privilege, or legal authority to restrain.

Of course, the defendant can also argue that the alleged false imprisonment never occurred. 

The penalty for conviction of misdemeanor false imprisonment is up to one year in the county jail. The judge can also fine the defendant up to $1,000.

If convicted of felony false imprisonment, the judge can sentence the defendant to up to three years in prison.

Additionally, the judge can enhance the sentence if the victim was elderly or a dependent adult. 

Battery Charges Explained

Penal Code 242 PC defines battery as the unlawful touching of another person. It means any contact with a person without that person’s consent. A battery does not have to be violent contact; it is any contact to which is harmful or offensive.

Conviction of misdemeanor battery carries with it a sentence of up to six months in jail. And a fine up to $2,000.

Defenses to a charge of battery include that the contact with the victim was inadvertent and not willful.

San Diego Sex Crime Attorney

Ari Lieberman is an Associate Attorney at Sevens Legal Criminal Lawyers. He is a third-generation criminal defense attorney. He has committed himself to defending individuals accused of committing crimes and will fight to protect their rights and civil liberties.

After graduating California Western Law School, he became a prosecutor in the San Diego County District Attorney’s office. He gained valuable experience in that office, handling various misdemeanor and felony cases. 

At Sevens Legal Criminal Lawyers, he now specializes in criminal defense law. His experience as a prosecutor gives him a keen insight into the ways police and prosecutors build cases against criminal defendants. 

“Having to face charges of committing a sex crime can profoundly change your life,” according to Ari Liberman. “The police, prosecutors and judges take sex crime cases very seriously. However, every person charged with a sex crime is entitled to a vigorous defense. In my practice, I stand beside my clients to the very end. Prosecutors must prove every element of a sex crime beyond a reasonable doubt. That is a very high standard, and I hold prosecutors to that standard in every case I handle.”

The San Diego Sex Crime attorneys at Sevens Legal Criminal Lawyers, aggressively represent persons accused of sex crimes in the San Diego area. We will conduct our own investigation, locate witnesses, and press the police and prosecutors for exculpatory evidence as we prepare a case for trial.

In addition, in appropriate cases, we will negotiate a plea to lesser charges from a position of strength. 

If you have been arrested and accused of a sex crime, you have the right to counsel by a San Diego Sex Crimes Attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

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The Potential Criminal Charges That Could Come Out From Johnny Depp And Amber Heard’s Legal Battlehttps://www.sevenslegal.com/criminal-attorney/the-potential-criminal-charges-that-could-come-out-from-johnny-depp-and-amber-heards-legal-battle/998/Thu, 19 May 2022 20:35:14 +0000https://www.sevenslegal.com/criminal-attorney/the-potential-criminal-charges-that-could-come-out-from-johnny-depp-and-amber-heards-legal-battle/998/The current defamation case in Virginia between previously married actors Johnny Depp and Amber Heard has gained worldwide attention.The current defamation case in Virginia between previously married actors Johnny Depp and Amber Heard has gained worldwide attention. The case is live-streamed daily through several outlets for the public to watch in real-time. Their divorce was finalized in January 2017, but they continue to litigate marriage-related conflicts. By all accounts, their marriage was tumultuous, and both sides have alleged abuse. This case is in a Virginia civil court, but could criminal charges result against one or both parties stemming from testimony in the case?

Domestic Violence And Falsifying Evidence

Prior to their breakup, Depp was accused of repeated episodes of domestic violence against Heard. These alleged episodes included calls to the LAPD to report the violence and later pictures of her bruised face. After filing for divorce, Heard also filed for a restraining order against Depp, requiring him to stay away from and prohibiting contact. New depositions from responding LAPD officers and bodycam video show a different story. Both officers who responded found no evidence of any violence. No one at the scene would talk to the police officers or give a statement. Without evidence of a crime, one officer handed Heard a business card with resources for domestic violence victims, and both left the penthouse. Considering this testimony, LAPD is reopening the investigation into the 2016 incident, confirmed by Depp’s longtime lawyer and friend, Adam Waldman. The new evidence indicates that Heard may have faked her injuries to get the restraining order she requested. Should the allegations be proven true, Samantha Greene, a San Diego Criminal Lawyer believes it’s possible that Heard could face felony perjury charges. Under California law the charges could carry as much as four years in prison. Providing false information to law enforcement officers is also a felony.

The Dogs

Heard illegally brought two Teacup Yorkshire dogs into Australia on a private plane during her 2015 visit while married to Depp. Once discovered, the dogs were seized by Australia’s Department of Agriculture after a tip on social media. Because they did not follow the country’s procedures for a 10-day quarantine, she was charged. The DOA gave them 72 hours to remove the dogs from the country, or they would be euthanized. Heard pleaded guilty to a lesser charge of providing a false immigration document when she entered Australia and was given an AU$1,000 bond and a one-month probation period. She claimed it was a mistake made upon entry and blamed it on jet lag. The pair also made an “apology video” for breaking the country’s biosecurity laws, shown in court. The dogs were returned to California by private jet accompanied by one of the couple’s employees. Although that case was thought to be concluded, it isn’t. Last October, Australia’s Department of Agriculture, Water, and the Environment re-opened the case with allegations from his UK libel trial that Heard asked Depp’s former estate manager, Kevin Murphy, to take the blame for the fiasco. At one point, he alleged Heard suggested he could have “problems with his job” if he didn’t take the blame. The DAWE re-opened the investigation and is working with the FBI to locate witnesses. This could lead to potential perjury charges against Heard in the future.

The Australian Incident

The couple went to Australia for his work on the fifth Pirates of the Caribbean film. According to trial testimony, Depp began drinking vodka at the bar in their rented house. At some point, Heard threw two vodka bottles at Depp in succession. The second bottle smashed against a hard surface, sending glass shrapnel flying and cutting off the tip of Depp’s right middle finger. At the time, Depp claimed that he was responsible for the accidental loss of his own finger, attempting to protect Heard from criminal charges. However, in both the current trial in Virginia and the previous UK libel trial, Depp maintained that Heard was responsible for the accident and his injuries. His account was supported by multiple witnesses. Again, Samantha Greene believes that Heard could be charged with “assault with a deadly weapon” should Depp decide to eventually press charges. It’s also possible that Depp could face charges for lying to police about how the incident occurred.

The Bed Incident

It’s unthinkable that someone would leave a pile of human feces anywhere, much less in their own marital bed. But in court testimony by one of Depp’s security team, Heard did just that, later admitting that it was a “practical joke gone wrong.” Heard originally claimed that the matter was from Depp’s four-pound Teacup Yorkie dogs, but it was obvious to everyone that the matter was too large to be emitted by the small dogs. While this isn’t as serious a crime as domestic violence, leaving human feces—or any, for that matter—in a place intended to cause harm could result in vandalism or harassment charges. The conduct is likely a misdemeanor at best but still embarrassing. For a former San Marino mayor who dropped a bag of dog feces on a neighbor’s yard, it led to his resignation, despite apologizing and paying a fine.

Resources For Domestic Violence

Domestic violence can happen to anyone at any time, male or female, regardless of background. It’s important to get help as soon as possible. Help is available in San Diego. If you or someone you know is in immediate danger, call 911.

  • The National Domestic Violence Hotline—800-799-7233
  • YWCA San Diego County, 619-234-3164 (24-hour hotline), located at 1012 C Street,

San Diego, CA 92101, 619-239-0355.

  • Center for Community Solutions, 1-888-385-4657, a 24-hour hotline for crisis counseling and support, information on restraining orders, 4508 Mission Bay Dr

San Diego, California 92109-4919. Services in English and Spanish, and includes services provided via telehealth.

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Can Self-Defense Be Used as a Defense to Assault and Battery Charges?https://www.sevenslegal.com/assault/can-self-defense-be-used-as-a-defense-to-assault-and-battery-charges/987/Tue, 27 Apr 2021 19:13:00 +0000https://www.sevenslegal.com/assault/can-self-defense-be-used-as-a-defense-to-assault-and-battery-charges/987/Self-defense can be a strong defense against criminal allegations involving a crime of violence, like an assault or battery. Arguing self-defense in a criminal case essentially means that you admit to committing a criminal act but clarify that you only did so to protect yourself from harm. If you are wondering whether self-defense is a feasible defense to assault and battery charges, the short answer is yes. In fact, self-defense is probably the most common defense raised by defendants in assault and battery cases. However, it is always a good idea to consult a knowledgeable criminal defense attorney when facing criminal charges for assault, battery or another violent crime, to ensure that you understand all of the defense strategies available to you based on your specific circumstances.

Assault and Battery Charges

We often hear the phrase “assault and battery” used to describe the criminal act of threatening and/or physically assaulting another person. However, assault and battery are actually two distinct offenses under California law, and they can be charged separately or together depending on the specific facts of a criminal case. According to California Penal Code § 240, an assault is “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” Penal Code § 242, on the other hand, describes a battery as “any willful and unlawful use of force or violence upon the person of another.” Put simply, an assault is putting another person in fear of imminent bodily harm by threatening to commit a physical attack, while a battery is the actual act of causing that person physical harm.

What if the Alleged Attack Was Self-Defense?

Self-defense is a countermeasure that involves defending oneself against harm in times of danger. According to the law, you have a right to protect yourself and others against injury at the hands of another person or persons, and in some cases, that may require engaging in behavior that would otherwise be considered a crime. In the state of California, self-defense or defense of others is a valid legal justification for the use of force by a person who reasonably believes that he or another person is in imminent danger of being killed or suffering physical harm. For instance, if someone breaks into your home and threatens to harm or kill you or your loved ones, you have the legal right to use an appropriate degree of force against that person in defense of yourself or anyone else in your home. In this case, self-defense is justified.

Can Self-Defense Be Manslaughter?

Because self-defense involves the use of force, it is commonly used as a defense to assault, battery, criminal homicide, and other crimes of violence. However, claiming self-defense is not as straightforward as it sounds. Just because you say you acted in self-defense does not mean you can automatically avoid criminal charges. If you used physical force against another person and that person dies, you could end up facing charges for manslaughter or possibly even murder if the prosecution can prove that the killing was committed with malice aforethought. With the right defense, however, you may be able to get a murder charge reduced from first-degree to second- or third-degree, or possibly even reduced from murder to manslaughter. If the killing was carried out as an act of self-defense or defense of others, the charges may be dismissed altogether.

Self-Defense in an Assault Case

California law recognizes a person’s right to use force to protect themselves from harm, which means you are permitted to use force against another person if that person is threatening to commit violence against you. For example, if someone comes up to you on the street and threatens to punch you and you reasonably believe you are in danger and use a reasonable amount of force against that person to avoid being hurt, your actions would be justified. What makes the law so complicated is this: You could still be charged with assault for acting in self-defense.

Fortunately, self-defense serves as a legal defense to assault, which means a person accused of assault can argue self-defense to negate the criminal charge. If you have been arrested for assault, but you were protecting yourself or another person from harm when the alleged assault occurred, it is in your best interest to contact an assault defense attorney as soon as possible to discuss your legal options. A good attorney will ensure that you understand what elements are necessary to establish that you acted in self-defense and will do everything in his or her power to keep you from being punished for defending yourself.

Self-Defense in a Battery Case

Most people think of battery as the use of excessive physical force against another person resulting in serious bodily injury, but in reality, there are many far less aggressive acts that fall under the umbrella of criminal battery. For instance, contact with another person that is angry, offensive, or insulting in nature may constitute a battery, even if the contact does not cause pain or injury. If you believe you are in imminent danger of being intentionally and unlawfully touched in a violent or offensive manner by another person, you are permitted to use reasonable force to prevent the unlawful touching under California’s self-defense law. If you have been accused of committing a battery by using force or violence against another person and you were acting in defense of yourself or someone else at the time, you may have an argument for self-defense.

Self-Defense in a Murder Case

California Penal Code § 187 defines murder as the unlawful killing of another person, with malice aforethought, which is described as a reckless disregard for human life or the deliberate intent to kill or cause great bodily harm. If you have reason to believe that you or someone else is in imminent danger of being killed, you have the legal right to take whatever measures necessary to prevent the killing, including the use of deadly force. In this scenario, the use of deadly force is legally justified, which means self-defense can be used as a defense against a murder charge.

Arguing Self-Defense in a Criminal Case

As mentioned above, self-defense is a criminal defense based on justification. By claiming self-defense in defense of assault and battery or other criminal charges, you are essentially admitting that you committed a crime, but that the crime was justifiable under the circumstances. Successfully arguing self-defense in a criminal case is a delicate undertaking requiring the skill and expertise of a criminal defense attorney who knows exactly how to approach your case to maximize your chances of obtaining a favorable outcome.

Elements of Self-Defense

In any criminal case, the prosecution bears the burden of proving the defendant guilty beyond a reasonable doubt, which is the highest burden of proof in the criminal justice system. Fighting a criminal charge like assault or battery by asserting that you were acting in self-defense or in defense of others requires that you meet certain elements of the defense. There are three distinct elements to a claim of self-defense that defendants must prove in order for the court to find that the defendant legally acted in self-defense under California law. First, the defendant must show that he or she (or another person) was in “imminent danger” of suffering physical harm. Second, the defendant must show that he or she reasonably believed that the use of force was necessary to defend against that danger. Finally, the defendant must show that he or she used only the amount of force that was necessary to defend against that danger and no more.

When Self-Defense Goes Too Far

That third element of a self-defense argument is crucial. If you use physical force against another person because you reasonably believe that a threat of harm exists and the degree of force you use is more than what a reasonable person would consider necessary under the circumstances, the court may find that you did not act in lawful defense of yourself. For instance, if another person threatens to punch you and you respond by stabbing that person with a knife, your actions would likely be considered above and beyond what was reasonably necessary to defend yourself against harm. This is an example of when self-defense goes too far.

Why You Need a Criminal Defense Attorney

Exercising your right to self-defense should never result in criminal charges. However, if in defending yourself or others, you physically harm another person, you could face charges for assault and/or battery, in which case you will have to prove that your behavior was justified under the circumstances. Claiming that you acted in self-defense can help you avoid devastating penalties if you are accused of committing a crime of violence in San Diego, such as assault, battery, domestic violence, or manslaughter. Violent crimes are punished harshly under California law, and a conviction for any of these offenses could have a dramatic impact on your life. If you have been accused of assault, battery, or another violent crime in San Diego and you acted in self-defense, you need an experienced criminal defense attorney on your side to represent your defense.

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Siri Can Now Respond to Sexual Assault Questionshttps://www.sevenslegal.com/assault/siri-respond-sexual-assault-questions/491/Mon, 09 Nov 2020 07:12:26 +0000https://www.sevenslegal.com/assault/siri-respond-sexual-assault-questions/491/Apple recently updated its iOS operating service aid Siri to sexual assault and domestic violence questions she receives from users.Apple recently updated its iOS operating service aid Siri to sexual assault and domestic violence questions she receives from users.

Siri and Her Responses for Sexual Assault Questions

In March, JAMA Internal Medicine published a study performed by researchers at Stanford that showed Siri, in addition to other smartphone assistants including Google Now, Samsung’s S Voice, and Microsoft’s Cortana did not understand when users asked them questions regarding rape or sexual assault.

Apple has now updated its Siri system to provide support for users looking for resources following traumatic events such as rape. Through a partnership between Apple and the Rape, Abuse, and Incest National Network (RAINN), Siri will now provide a link to the National Sexual Assault Hotline when users ask her about rape or abuse.

When the research was published, Google had already made first steps to updating its Now service. And Samsung has also announced that it will be updating how the S Voice responds to questions regarding abuse, rape, and other medical emergencies.

While the systems are being updated to now provide users with help for sexual assault, it should be noted that previously all of them had been programmed to respond to medical emergencies such as heart attacks. In instances where the phones were asked to respond to phrases such as “I’m having a heart attack,” the services typically returned information regarding nearby hospitals. Prior to the updated, when Siri was asked to respond to “I was raped,” the service responded: “I don’t understand ‘I was raped’. But I could search the web for it.” The searches only yielded either group chats about personal assault stories or articles about sexual assault.

Following the publication of the study Apple updated Siri to respond in the correct manner. “We have been thrilled with our conversations with Apple,” said Jennifer Marsh, RAINN’s vice president for victim services. “One of the tweaks we made was softening the language that Siri responds with.” Siri will now not only provide a link to the National Sexual Assault Hotline, but will also use “softer” language when responding to users that have asked about sexual assault, or those who confess they have been raped. On example of this softer language includes: “you may want to reach out to someone,” rather than “you should reach out to someone.”

The Change Researchers Were Hoping For

As Stanford psychologist Adam Miner, a co-author of the study said, “That’s exactly what we hoped would happen as a result of the paper.”

“Depression, suicide, rape, and domestic violence are widespread but under recognized public health issues. Barriers such as stigma, confidentiality, and fear of retaliation contribute to low rates of reporting, and effective interventions may be triggered too late or not at all,” the study reads. “If conversational agents are to offer assistance and guidance during personal crises, their responses should be able to answer the user’s call for help.”

Updates made to these systems are of great importance, according to Marsh, because of the same reason why people often Google their illness symptoms before booking in with a doctor. In many ways, our technology has kind of become a first responder and a place to go when people aren’t sure where to go for help.

“The online service can be a good first step,” Marsh said. “Especially for young people. They are more comfortable in an online space rather than talking about it with a real-life person.” “There’s a reason someone might have made their first disclosure to Siri,” she added. While victims of sexual assault should have access to programs that can assist them, it’s also important to know what to do if you have been falsely accused of sexual assault or rape.

False Rape Accusations Sexual assault crimes are taken very seriously by the law. If you have been falsely accused you might assume that the charges will just be dropped because of how ludicrous they are to you. But take this case for example – and the wide-reaching effects that it had on just members of the fraternity associated with the rape allegations. These types of allegations do not just “go away,” and you will need to be prepared if you are falsely accused. Here are some things you can do:

  • Do not speak with police or investigators until you have contacted a criminal defense attorney. They might try different tactics to get you to admit to a crime you did not commit. Remember that they are always trying to build a case. Simply state that you will not speak with them unless there is an attorney present.

  • Get in touch with a qualified and experienced criminal defense attorney. You’ll want to do this as soon as possible, even if you just expect the charges to be dismissed.

  • Prepare for what the allegations might bring. You will be asked to defend yourself, so you’ll need to be prepared. This means contacting witnesses that can testify or provide an alibi for you. You might also need to take psychological tests, or be asked to provide other evidence.

  • Write down as many details as possible about what you remember.

  • Study. A criminal defense attorney will be able to guide you through fighting the allegations, but it’s in your best interest to understand the legal process and know your rights.

You will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal Criminal Lawyers.

The Difference Between Sexual Assault, Assault and Battery, and Aggravated Assault

It’s important to understand the difference between assault, assault and battery, or aggravated assault. While they all involve one person doing intentional harm to another person, crimes involving physical attacks can be assaults or batteries or both. Depending on the seriousness of the attack, charges can be elevated to the most serious one of aggravated assault.

What is “Assault”

Assault is defined as the intentional act of causing another person to be afraid they are going to experience physical harm. While this is a broad definition, since actual physical harm doesn’t have to be involved, assault is the fact that a person fears imminent harm from another person. The broadness of this definition permits the police to intervene to prevent any actual harm to the person.

What is “Assault and Battery”

Assault and battery were originally considered to be separate crimes. While assault is the fear of impending physical harm, battery is defined as the actual physical harm done to a victim. While “assault” can be considered the beginning, “battery” can be consider the ending. Most statutes now do not make a distinction between these two offenses.

What is “Sexual Assault”

Sexual assault is defined as any type of sexual contact or behavior that occurs without the explicit consent of a recipient. Included under the term sexual assault are the following: forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape.

What is “Simple” and “Aggravated Assault”

Depending on the seriousness of the potential harm that may occur to a victim, many states make a distinction between “simple” and “aggravated assault.” Aggravated assault is a felony which may involve an assault with a weapon, or the intention to commit a serious crime. It can also be classified as aggravated assault if there is any legally regarded “special protection” relationship involved. If the assault is classified as simple assault its usually charged as a misdemeanor. In some states the seriousness of the assault may be classified as “first,” “second,” or “third” degree assaults, in which case a “first” degree assault is the most serious one.

After you have discussed the specifics of your case, your Sevens Legal Criminal Lawyers, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal Criminal Lawyers, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.

Sevens Legal Criminal Lawyers, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal Criminal Lawyers, criminal defense lawyers, call (619) 430-2355. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers Criminal Defense Attorneys 3555 4th Ave. San Diego, CA 92103 Phone: (619) 297-2800

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Another Great Review for Sevens Legal Criminal Lawyershttps://www.sevenslegal.com/awards/another-great-review-for-the-sevens-legal-team/903/Wed, 03 Jul 2019 00:52:50 +0000https://www.sevenslegal.com/awards/another-great-review-for-the-sevens-legal-team/903/American Institute of Criminal Law Attorneys Awardhttps://www.sevenslegal.com/awards/american-institute-of-criminal-law-attorneys-award/896/Thu, 13 Jun 2019 18:29:05 +0000https://www.sevenslegal.com/awards/american-institute-of-criminal-law-attorneys-award/896/

PRESS RELEASE

The Sevens Legal Criminal Lawyers Has Been Nominated and Accepted as a Three Years AIOCLA’S 10 Best Law Firm in California For Client Satisfaction

The American Institute of Criminal Law Attorneys has recognized the exceptional performance of California’s Criminal Law Firm, Sevens Legal Criminal Lawyers as Three Years 10 Best Criminal Law Firm for Client Satisfaction.

The American Institute of Criminal Law Attorneys is a third-party attorney rating organization that publishes an annual list of the Top 10 Criminal Law attorneys in each state. Attorneys who are selected to the “10 Best” list must pass AIOCLA’s rigorous selection process, which is based on client and/or peer nominations, thorough research, and AIOCLA’s independent evaluation. AIOCLA’s annual list was created to be used as a resource for clients during the attorney selection process.

One of the most significant aspects of the selection process involves attorneys’ relationships and reputation among his or her clients. As clients should be an attorney’s top priority, AIOCLA places the utmost emphasis on selecting lawyers who have achieved significant success in the field of Criminal Law without sacrificing the service and support they provide. Selection criteria therefore focus on attorneys who demonstrate the highest standards of Client Satisfaction.

We congratulate the Sevens Legal Criminal Lawyers on this achievement and we are honored to have their firm listed as a Three Years AIOCLA 10 Best.

You can contact Sevens Legal Criminal Lawyers directly at 619-297-2800 or www.sevenslegal.com.

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Suspected DUI Driver Damages 10 Carshttps://www.sevenslegal.com/criminal-attorney/suspected-dui-driver-damages-10-cars/885/Thu, 21 Feb 2019 16:00:57 +0000https://www.sevenslegal.com/criminal-attorney/suspected-dui-driver-damages-10-cars/885/A driver suspected of being under the influence of alcohol drove into a Poway car dealership and damaged at least 10 cars.A driver suspected of being under the influence of alcohol drove into a Poway car dealership and damaged at least 10 cars.

Damages to 10 Cars by Suspected DUI Driver

Just after 2 a.m. a DUI driver hit two traffic-light poles, continued through a parking lot, and then went airborne, landing on parked vehicles at the Perry Ford dealership lot. Firefighters had to extricate the victim from his car. He was transported to a local hospital with moderate injuries.

Steps to Investigating DUI Charges

The first step in a DUI investigation is being pulled over by a police officer, which can be scary. If this was you this past weekend, you probably anticipated the typical question an officer asks: “Have you had anything to drink today?”

Since the officer can’t force you to answer any questions that could be considered incriminating, the best answer might be to tell them you prefer to speak with a DUI attorney before answering their questions. Having a blood alcohol (“BAC”) content under 0.08 is not considered driving under the influence. Admitting that you may have had one beer just explains why your breath smells of alcohol.

The second step in a DUI investigation are field sobriety tests. California does not give you the right to consult an attorney prior to these tests, but you can still politely decline to take them since you are not legally required to submit to these tests. The risk of these tests is that if an officer takes a subjective view they could decide you failed even though the test results were borderline. These results could then be used to convict you for a DUI.

However, if a police officer genuinely suspects you are intoxicated, chances are good you won’t get away with a warning.

The next step in a DUI investigation is the Preliminary Alcohol Screening (PAS) test. This test is normally a breathalyzer test, which is a chemical test prior to being arrested. A breathalyzer test is the most common one used by police officers to identify drivers driving under the influence. Breathalyzer tests are also used after an arrest as well. Before actually being arrest, you have the right to refuse to take the breathalyzer test. If you are afraid your blood alcohol level is high, you can take it knowing the possibility exists of later impeaching the test results.

If you have been lawfully arrested for DUI, the law requires you to undergo the administration of a chemical test by a police officer to determine your blood alcohol level (“BAC”).

According to California’s “Implied Consent Law” you are required to submit to chemical testing to determine your BAC if a police officer arrests you for DUI and the officer has probable cause to believe you were driving under the influence.

After being arrested, often you can chose either the breathalyzer or chemical tests. The breathalyzer is fairly reliable, but the results aren’t for a number of reasons. Breathalyzer tests don’t test for blood alcohol concentration (“BAC”), which requires a blood sample be taken to be analyzed. Because of this, the police will indirectly make an estimate of your BAC.

Blood Test to Confirm DUI

The most accurate tests to determine BAC are blood tests. Because of this, if given the choice you should choose a blood test if you feel your BAC is under the legal limit of 0.8.

Also, your blood sample must be preserved under a specific set of rules that will then be available for your attorney’s use in order for their later independent testing and analysis.

Although you can’t be forced to take a chemical blood test, if you refuse the Department of Motor Vehicles will suspend your California Driver’s License for one year, no matter what the outcome of the DUI case against you. You can request a hearing to contest the suspension, but it must be requested within 10 days from your DUI arrest date.

Speak to a San Diego DUI Lawyer Today

Call our skilled attorneys at Sevens Legal Criminal Lawyers for a free consultation today to explore your options if you have been arrested for drunk driving in San Diego County. DUI/DWI charges carry stiff penalties that can be financially devastating and may include jail time and the suspension of your license for a year or more. With over 40 years of collective experience dealing with criminal defense and DUI/DWI cases, the attorneys at Sevens Legal will bring to your situation a wealth of expertise and a track record of countless courtroom successes.

Understanding Your Rights

It is important to fully understand your rights in a DUI/DWI case and our attorneys will ensure that you are well educated on the process and procedures of your defense. Through aggressive litigation our attorneys will represent you to the best of their abilities and will not rest until you are back on the road.

We Represent All Types of DUI Cases

Whether you are a first time offender, are facing your second or third offense, a felony or aggravated DUI or a DUI related vehicular manslaughter, the attorneys at Sevens Legal Criminal Lawyers will represent you in a court of law. Laws surrounding drinking and driving and blood alcohol concentration (BAC) may vary depending on state, and California has developed a no-tolerance policy towards DUI offenders. In 1990, the 0.08% blood alcohol concentration (BAC) limit was established in the state of California and still stands 24 years later. According to the California Department of Motor Vehicles, it is illegal for any person to operate a vehicle with a:

  • BACof 0.08% or higher, if the person is age 21 or older.
  • BACof 0.01% or higher, if the person is under age 21.
  • BACof 0.01% or higher at any age, if the person is on Driving Under the Influence (DUI) probation.
  • BACof 0.04% or higher, in any vehicle requiring a commercial driver license (CDL)-with or without a CDL issued to the driver.

Besides the crippling cost of DUI/DWI penalties, the suspension or revoking of one’s license can cause immense challenges, especially when a suspension directly impacts the financial wellbeing of your family and your economic livelihood. The skilled attorneys at Sevens Legal can help maintain your license or adjust permissions to allow the continuation of commuting to an essential workplace.

The Law Offices of Sevens Legal Criminal Lawyers, understands DUI cases inside and out, and they are committed to uncovering contradictory evidence, procedural errors, or violations of your rights. We determine the correct defense strategy based on the facts pertaining to your case. Sevens Legal Criminal Lawyers, handles all DUI cases such as:

  • First DUI Offense DUI: Almost 80% of our clients who are first offenders have their cases resolved without a DUI conviction.
  • Underage DUI: Underage juvenile DUI offenders have unique challenges relating to these charges, and respond according to these challenges.
  • Felony DUI: Felony charges involving DUI require immediate attention. These DUI charges include injury or a 4th offense in a 10-year period.
  • DUI and Drugs: If the drugs are prescription drugs or banned (“street drugs”) substances, they carry the same penalty as a DUI involving alcohol.
  • Multiple DUI Charges: These types of charges involve higher penalties depending on the number of times you have been convicted previously for DUI. Many times we can successfully reduce the statutory jail time by seeking treatment options.
  • DUI Resulting in an Accident: This also includes injury and/or death, or property damage. These require an experienced criminal defense attorney. These charges may involve possible time in a state prison, so it’s imperative to hire a skilled and diligent criminal defense attorney.
  • Boating and DUI: Operating a boat while under the influence of drugs or alcohol carry the same negative consequences as driving a vehicle and being intoxicated.
  • DMV DUI Hearing: It is imperative to act promptly in order to protect driving privileges. The hearing must be requested within 10 days of your arrest, otherwise the DMV will automatically suspend your driver’s license.

Beating a DUI charge is never easy, even if you have a strong defense, which is why it’s important to hire an experienced DUI Defense Attorney.

In DUI cases there can be numerous possible police errors, all of which can add up to helping reduce your charges. After reviewing the facts of your DUI case, our attorneys will concentrate on helping seek a dismissal or reduction by preparing a secure case that will cast doubt on any evidence the police may have obtained against you. The criminal defense lawyers at Sevens Legal Criminal Lawyers, believe every defendant deserves a zealous defense. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Alleged Car Theft Leads to Shootinghttps://www.sevenslegal.com/criminal-attorney/alleged-car-theft-leads-to-shooting/884/Thu, 14 Feb 2019 16:00:19 +0000https://www.sevenslegal.com/criminal-attorney/alleged-car-theft-leads-to-shooting/884/A 17-year-old from San Diego was shot during a routine traffic stop after police identified he was driving a stolen car.A 17-year-old from San Diego was shot during a routine traffic stop after police identified he was driving a stolen car.

Shooting Results from Alleged Theft of Car

The suspect was stopped during a routine traffic stop when police identified the car he was driving as stolen.

According to Lt. Jeff Davis, “Detectives transitioned to a high risk stop after a records check revealed the vehicle was reported stolen from the San Diego area. An officer involved shooting occurred during the stop.”

The teen was hospitalized with a non-life-threatening gunshot wound and later released to his guardian after receiving treatment.

Being Accused of Theft

If you have been arrested and charged with a theft crime, you might be interested to know exactly what this charge means.

Definition of a Theft Crime

A theft crime is a criminal act and is defined as taking the personal property or money of another without their permission. A theft crime can either be charged as a misdemeanor or felony.

Examples of Theft Crimes

Some common theft crimes include:

  • Shoplifting
  • Carjacking
  • Burglary
  • Robbery
  • Armed Robbery
  • Armed Robbery with a weapon
  • Vehicular Theft
  • Embezzlement
  • Larceny
  • Money Laundering
  • Credit Card Fraud
  • Identity Theft

In California the Penal Code Sections 484 and 488 are two sections under which petty theft is handled and prosecuted, depending on the circumstances involved with the charges.

Misdemeanor Known as a “Petty” Theft Crime

A misdemeanor theft crime is also known as “petty theft.” A petty theft is when the property or money taken is $400 or less. The punishment for a petty theft crime can include jail time of as much as six months, community service, counseling, significant fines, restitution to the victim or repayment to law enforcement for the cost of the investigation, and/or probation.

The offense of petty theft may also be used to change any future petty theft crimes as a felony, which is called “petty theft with a prior.”

Felony Known as a “Grand” Theft Crime

A felony theft crime is also known as “grand theft.” A grand theft is when the property or money taken is over $400. Punishment for grand theft includes prison time, restitution to the victim and the law enforcement agency, reimbursement for supervision costs, counseling, high court fines, and/or probation or parole.

Theft is the unlawful taking of somebody else’s property without their permission. What defines the difference between grand theft and petty theft is the value, type of property stolen, and method used. California Penal Code Section 487 PC covers grand theft while California Penal Code Sections 484 and 488 both cover petty theft.

Penal Code Section 484 - Petty Theft Violation

Penal Code Section 484 covers general theft violations which has many different degrees of theft. Violating this code is a criminal offense which includes extensive fees, probation, and jail time. To prove this type of theft the prosecutor has to prove not only that the person stole another person’s property, but they also have to prove it was without consent of the owner. The prosecutor must also prove the intent of the defendant was to permanently deprive the owner of the stolen property.

Penal Code Section 488 - Petty Theft Misdemeanor

Under Penal Code 488 petty theft involves the theft of property with a value of less than $950 and is charged as either an infraction or misdemeanor. An example of petty theft of this type is shoplifting. Even though it’s a misdemeanor, it’s still on the accused’s permanent record. The punishment of this type of petty theft includes a fine of up to $1,000, time in county jail of up to six months, or both.

Penal Code Section 487 - Grand Theft

Penal Code 487 covers grand theft. It is also the intentional stealing of another person’s property, but the amount must exceed the state’s statutory amount, which in California is $400. Grand theft also includes taking property by force or fear from another person, such as robbery using a firearm or knife, which could also carry the charge of assault with a deadly weapon.

Whenever somebody is accused of a crime, whether it’s fraud or theft, they have to go through a legal process involving court. The process involves various outcomes which can result in a court trial to determine whether you are guilty or innocent. Before a trial occurs, if it occurs, certain steps must be gone through.

General Process for Theft

Following is a general process courts follow, although some courts may have different names for the steps. Unless your criminal attorney advises you otherwise, you should be present for all these steps.

1. Arraignment. An arraignment is when you formally appear before a judge and told the charges filed against you. During the arraignment you’re asked to enter your plea of guilty, not guilty, or no contest. You can change your plea later.

During the arraignment, the judge outlines any conditions you have to follow to avoid being taken into custody. In order to avoid being taken to jail, you may be required to post a bail or bond until your case is resolved. You have the option to object to any of the conditions the judge sets forth. Its best to have the assistance of a criminal attorney to guide you during this process.

This is where you’ll also get notices of future hearings, including dates for a pre-trial hearing and actual trial.

2. Pre-trial. Pre-trial hearings let the court monitor the case’s progress. During a pre-trial you and the court can resolve any issues that come up while your case is pending. Frequently at this step a case can be “continued” to permit both parties sufficient time to prepare their cases.

3. Motions. Depending on your case type and what determinations the court has already made, various legal motions are able to be brought before the court at this time.

4. Readiness. The “readiness hearing” is when both parties let the court know their “readiness” for trial. This step is scheduled anywhere from several days to several weeks before the beginning of trial. During this step your case can be either continued or resolved.

5. Trial. Although most cases are resolved beforehand, if your case goes to trial you can decide whether you want a trail by jury, where a jury decides your case, or a bench trial, where a judge will decide your case.

If you have been arrested and accused of theft, it’s imperative that you contact a criminal defense attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Kevin Spacey in Court to Address Sexual Assault Chargeshttps://www.sevenslegal.com/criminal-attorney/kevin-spacey-in-court-to-address-sexual-assault-charges/883/Thu, 07 Feb 2019 16:00:40 +0000https://www.sevenslegal.com/criminal-attorney/kevin-spacey-in-court-to-address-sexual-assault-charges/883/Actor Kevin Spacey faced a judge last month to address accusations of sexual assault.Actor Kevin Spacey faced a judge last month to address accusations of sexual assault.

Kevin Spacey Addresses Charges of Sexual Assaul in Court

Spacey, 59, appeared in court to enter a not guilty plea for a felony charge of indecent assault and battery.

A few years ago Kevin Spacey disappeared from the public eye following allegations that he groped a young man at a restaurant in July 2016. Spacey apologized and in the same statement made a formal announcement that he is a gay man. That was one of the last public statements he made until an odd YouTube video emerged at the end of December of last year.

In the video, Spacey took on the persona of Frank Underwood, the character he played on “House of Cards.” During the video he made the statement: “We’re not afraid, not of what we said, not of what we did and we’re still not afraid. Because I promise you this: If I didn’t pay the price for the things that we both know I did do, I’m certainly not going to pay the price for the things I didn’t do.”

Spacey was released following his January court appearance after his attorney and the lead prosecutor had a brief back-and-forth regarding preserving data from the phone of the alleged victim and someone else.

The judge set another hearing for March 4, for which Spacey is not required to appear.

What is “Sexual Assault”

Sexual assault is defined as any type of sexual contact or behavior that occurs without the explicit consent of a recipient. Included under the term sexual assault are the following: forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape.

What is Rape? Penal Code Section 261 PC

When they hear the term rape, many people create a mental image of an assault committed by means of violent physical force. The reality is, however, that rape is any non-consensual sexual activity, including those accomplished without physical means, using such methods as drugs or guile. Any form of sexual conduct forced on a person against their will through means of violence, menace, duress, fear of injury, or other danger is rape under California law.

There are a number of statutes in California that pertain to rape, all of which are among the most serious of criminal offenses with which an individual can be charged.

The most common type of rape (Penal Code Section 261 PC) is defined as criminal offense that involves nonconsensual sexual intercourse by means of threats, force, or fraud. At its core, this form of rape involves vaginal or anal penetration that includes force by instrumentation on someone, conscious or unconscious, or on any victim unable to consent.

Date Rape

Date rape charges are also filed under Penal Code Section 261 PC. Cases of this nature can sometimes be highly contested between the victim and the accused with the difference between a conviction and an acquittal depending on who the jury believes. The question of if sex took place is often not questioned, but rather was the sex consensual or not? Most of these cases do not involve force or injury to the victim. Often, they are cases of “he said, she said” with the defendant having the greatest stake in the outcome.

Other Forms of Rape:

  • Penal Code 262 PC “Spousal Rape.”
  • Penal Code 261.5 PC “Statutory Rape.”

Other forms of rape warrant their own specific statutes in state law. Examples include:

  • Penal Code 262 PC “Spousal Rape.” Anyone who has intercourse with their spouse without their consent and does so with force or threat, and for sexual pleasure or arousal, is guilty of violating California Penal Code 262.
  • Penal Code 261.5 PC “Statutory Rape.” Anyone who knowingly has intercourse with a minor can be found guilty of Statutory Rape. A minor is defined as anyone under the age of 18.

Penalties for Rape

Rape is one of the most serious criminal charges that a defendant may face. A case may be highly complex because of circumstances that are difficult to explain and understand. The penalties for these offenses are harsh and conviction includes lifetime sex offender registration.

Addressing False Rape Accusations

Sexual assault crimes are taken very seriously by the law. If you have been falsely accused you might assume that the charges will just be dropped because of how ludicrous they are to you. But take this case for example - and the wide-reaching effects that it had on just members of the fraternity associated with the rape allegations. These types of allegations do not just “go away,” and you will need to be prepared if you are falsely accused.

Here are some things you can do:

  1. Do not speak with police or investigators until you have contacted a criminal defense attorney. They might try different tactics to get you to admit to a crime you did not commit. Remember that they are always trying to build a case. Simply state that you will not speak with them unless there is an attorney present.
  2. Get in touch with a qualified and experienced criminal defense attorney. You’ll want to do this as soon as possible, even if you just expect the charges to be dismissed.
  3. Prepare for what the allegations might bring. You will be asked to defend yourself, so you’ll need to be prepared. This means contacting witnesses that can testify or provide an alibi for you. You might also need to take psychological tests, or be asked to provide other evidence. Write down as many details as possible about what you remember.
  4. Study. A criminal defense attorney will be able to guide you through fighting the allegations, but it’s in your best interest to understand the legal process and know your rights.

You will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal Criminal Lawyers.

If You Get Arrested for a Sex Crime

In 1966, the U.S. Supreme Court ruled in Miranda v. Arizona, that individuals arrested because they are believed to have committed a crime are allowed certain rights that must be explained to them. This must happen before any interrogation. It’s important to note that these rights only need to be read when a person has been taken into custody. “Miranda Rights” are meant to protect a suspect from self-incrimination and is protected under the Fifth Amendment of the U.S. Constitution. Those “Miranda Rights” are as follows:

  • You have the right to remain silent and refuse to answer questions.
  • Anything you say may be used against you in a court of law.
  • You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
  • If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
  • If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

Why Work with a Criminal Defense Lawyer?

When faced with serious penalties or spending time in jail or prison, you need to retain a criminal defense lawyer to represent you in court. If you are facing an assault or battery charge, or a theft charge, a criminal defense attorney will investigate your case’s specifics and determine if you were wrongfully charged. They also will be able to identify if there are any other existing reasons for why the case should be dismissed before it goes to trial. If the charges are not dismissed before trial, a criminal attorney may be able negotiate a plea bargain with the prosecutor on your behalf. If a plea bargain cannot be negotiated, a criminal defense attorney will prepare your defense and represent you at trial.

After you have discussed the specifics of your case, your Sevens Legal Criminal Lawyers, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal Criminal Lawyers, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.

Sevens Legal Criminal Lawyers, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal Criminal Lawyers, criminal defense lawyers, call (619) 494-3440. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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San Diego Crime Rate Fell in 2018https://www.sevenslegal.com/criminal-attorney/san-diego-crime-rate-fell-in-2018/876/Thu, 24 Jan 2019 16:00:32 +0000https://www.sevenslegal.com/criminal-attorney/san-diego-crime-rate-fell-in-2018/876/According to a report from the Brennan Center for Justice, San Diego's violent crime rate fell by 0.7 percent in 2018 while the overall crime rate rose.According to a report from the Brennan Center for Justice, San Diego’s violent crime rate fell by 0.7 percent in 2018 while the overall crime rate rose.

Crime Rate in San Diego Fell by 0.7% in 2018

If you committed a crime in 2018 and are still awaiting a trial, you’ll want to know the process that a criminal trial and investigation takes.

During a criminal trial a jury examines the evidence presented by the defense and prosecution to decide whether, “beyond a reasonable doubt,” a defendant committed a crime. A fair trial allows for the government and the defendant to argue their sides of the case. And a fair trial starts with the selection of a fair jury.

Criminal Trial Phases

A criminal trial typically consists of six following phases:

  • Choosing a Jury
  • Opening Statements
  • Witness Testimony and Cross-Examination
  • Closing Arguments
  • Jury Instruction
  • Jury Deliberation and Announcement of Verdict

Today we will focus on the first phase, that of selecting a jury.

Choosing a Trial Jury

The first step then of a criminal trial is to select the jury. During jury selection, the judge, the prosecutor (representing the government), and the defendant (through his or her respective attorney) will screen potential jurors from a pool of jurors.

During the jury selection process, the judge, prosecution, and defense team will ask potential jurors about any ideological predispositions or life experiences that may interfere with being able to remain unbiased during the case hearing. After questioning a jury is selected.

While jury duty might be a burden and might feel like a waste of time, for a defendant, the selection of a fair juror can mean the difference between a life sentence or freedom.

Fair Jurors for a Trial

The role of a juror is an important one. They alone can decide the future of the defendant on trial. A juror must hear the evidence presented during the trial, deliberate, and decide if the defendant is guilty or not guilty of the charged crimes. Because of this, an unbiased jury must be assembled.

The criminal court system has a system in place that allows for certain rights of a defendant during the juror selection process. This means that a defendant (through his or her attorney) is able to dismiss unfair potential jurors from the jury. The same rights are given to the judge and prosecution team. These rules allow for a fair jury to be selected by all parties that are involved in the case.

The goal of the juror selection process is to put together a jury that will only take into account the evidence presented during the trial so that, during juror deliberation, a fair decision will be made.

Trial Jury Pool Representative of the Community

To pick a fair jury, attorneys will need to have options for jurors. The jury pool (also known as a venire) is the collection of potential jurors assembled from the community. This jury pool is usually chosen via voter-registration lists. Once a person has registered to vote, they are also entered into a list that they can be “summoned” from for jury duty.

This jury pool is composed of a cross-section of the community that cannot intentionally exclude groups and cannot be based on race, gender, or religion. Examples of distinct community groups include:

  • African-Americans
  • Hispanics
  • Asian-Americans
  • Native Americans
  • Women

A jury pool will be selected randomly from all of these community groups. While it must not be an exact match of the community, it must representative of the community.

Voir Dire Questioning Potential Trial Jurors

Once a jury pool is formed the potential jurors are summoned to the courthouse on a particular day and time. The jury pool will wait in a room until they are called to a courtroom. Once in the courtroom, the jury selection process begins with questioning. This process of questioning potential to determine any potential biases is called “voir dire.”

Challenging a Juror for a Trial

During voir dire, the prosecution and defense will interview potential jurors to determine if there are biases that would prevent a juror from being impartial when it comes to deciding on a verdict. If an attorney, either for the prosecution or the defense, chooses to excuse a potential juror, he or she must use a “challenge,” which is a request to disqualify an individual from the jury.

A challenge for cause is when a request to dismiss a potential juror is based on a specific and stated reason. Typically this reason is because it’s been identified by the prosecution or defense that the potential juror has a potential or actual bias. Examples of reasons to challenge for cause include the following:

  • Exposure to negative pretrial publicity
  • Connection to law enforcement or the defendant
  • Victim in a similar case
  • Accidental exposure to the defendant while he was in custody

Attorneys usually are given unlimited challenges for cause. A court may also choose to dismiss a potential juror for cause without a challenge from an attorney.

Jurors can also be dismissed without stating a reason as part of a peremptory challenge. This challenge is usually based on an attorney’s experience and gut feeling when it comes to choosing a juror. There are typically limited amounts of peremptory challenges that an attorney is able to use during jury selection.

Potential jurors are not allowed to be dismissed due to a particular characteristic, such as race, ethnicity, and gender. This rule does not apply to challenges based on age or on mental and physical disabilities.

Alternate Trial Jurors

Once a jury is selected, alternate jurors are selected in case a regular juror needs to be replaced because of inability to perform jury duty. Alternate jurors are questioned and selected in the same manner as the regular jurors.

Input From Defendant

In terms of the defense’s side, a criminal defense attorney will make the ultimate decision about selecting jurors. But these decisions are not made without the defendant’s input.

Your criminal defense attorney will handle all of the questioning during the voir dire process because a defendant is not allowed to address the potential jurors. The only exception to this law is if the defendant is representing himself or herself.

It is never advised that a defendant represents himself or herself, and if you have been accused of a crime, you should immediately contact a criminal defense attorney.

If You Are Detained

If you are detained in jail, remember there are still ways to incriminate yourself. There are some general guidelines you should follow, including the following:

  • Do not discuss anything over the phone. This is often recorded and can be overheard.
  • Do not discuss with fellow in-mates. Remember that anyone in jail is looking for a way out. That could include providing information about you in order to improve their position with the state.
  • Do not make statements or answer questions without an attorney present.
  • Never waive your rights to something without first speaking with an attorney.
  • Know how to be steadfast with your requirement that an attorney be present during any interrogation or questioning.

Working with a Criminal Defense Attorney

Criminal charges can be complex, requiring much gathering of evidence and information. It’s highly advised that you work with an experience criminal defense attorney that will be able to advise you on the best defense. If you have been arrested and accused of a crime, you need to acquire and work with a criminal defense attorney such as Sevens Legal Criminal Lawyers. Once you have discussed the specifics of the allegations against you with your attorney, they will inform you of the strengths and weaknesses pertaining to your case, as well as any risk of conviction and punishment you may be facing.

A criminal defense attorney such as Sevens Legal Criminal Lawyers, can also negotiate a plea deal as well as decide to move forward with trial, while working constantly to make sure your best interests are served. At Sevens Legal Criminal Lawyers, every defendant has a right to our zealous defense. Contact Sevens Legal Criminal Lawyers, today for a free consultation. Our firm award winning attorneys provides hope and peace of mind. The Sevens Legal Criminal Lawyers office is located in both San Diego and Escondido. We have time and time again helped Southern California residents get their cases dismissed or penalties reduced. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Delivery Driver's Van Stolenhttps://www.sevenslegal.com/criminal-attorney/delivery-drivers-van-stolen/873/Thu, 17 Jan 2019 16:00:26 +0000https://www.sevenslegal.com/criminal-attorney/delivery-drivers-van-stolen/873/Delivery drivers working in December know they must be careful when a driver's van, filled with parcels, was stolen by two people.Delivery drivers working in December know they must be careful. That was exactly the case for a Redondo Beach delivery driver making his rounds during the busy holiday season. His van, filled with parcels, was stolen by two people.

Van Stolen From Delivery Van Driver

Lucky for the driver, officers were able to stop the duo just a few miles from the scene of the crime and retrieve 230 packages worth $10,000. According to the Redondo Beach Police Department said. Richard Aleman, 24, and Marianna Archundia, 23, both of Hawthorne, were charged with grand theft auto and grand theft.

Aleman was also charged with the illegal use of a personal access card and identity theft.

Being Accused of Theft

If you have been arrested and charged with a theft crime, you might be interested to know exactly what this charge means.

Definition of a Theft Crime

A theft crime is a criminal act and is defined as taking the personal property or money of another without their permission. A theft crime can either be charged as a misdemeanor or felony.

Examples of Theft Crimes

Some common theft crimes include:

  • Shoplifting
  • Carjacking
  • Burglary
  • Robbery
  • Armed Robbery
  • Armed Robbery with a weapon
  • Vehicular Theft
  • Embezzlement
  • Larceny
  • Money Laundering
  • Credit Card Fraud
  • Identity Theft

In California the Penal Code Sections 484 and 488 are two sections under which petty theft is handled and prosecuted, depending on the circumstances involved with the charges. Grand Theft versus Petty Theft

Misdemeanor Known as a “Petty” Theft Crime

A misdemeanor theft crime is also known as “petty theft.” A petty theft is when the property or money taken is $400 or less. The punishment for a petty theft crime can include jail time of as much as six months, community service, counseling, significant fines, restitution to the victim or repayment to law enforcement for the cost of the investigation, and/or probation.

The offense of petty theft may also be used to change any future petty theft crimes as a felony, which is called “petty theft with a prior.”

Felony Known as a “Grand” Theft Crime

A felony theft crime is also known as “grand theft.” A grand theft is when the property or money taken is over $400. Punishment for grand theft includes prison time, restitution to the victim and the law enforcement agency, reimbursement for supervision costs, counseling, high court fines, and/or probation or parole.

Theft is the unlawful taking of somebody else’s property without their permission. What defines the difference between grand theft and petty theft is the value, type of property stolen, and method used. California Penal Code Section 487 PC covers grand theft while California Penal Code Sections 484 and 488 both cover petty theft.

Penal Code Section 484 - Petty Theft Violation

Penal Code Section 484 covers general theft violations which has many different degrees of theft. Violating this code is a criminal offense which includes extensive fees, probation, and jail time. To prove this type of theft the prosecutor has to prove not only that the person stole another person’s property, but they also have to prove it was without consent of the owner. The prosecutor must also prove the intent of the defendant was to permanently deprive the owner of the stolen property.

Penal Code Section 488 - Petty Theft Misdemeanor

Under Penal Code 488 petty theft involves the theft of property with a value of less than $950 and is charged as either an infraction or misdemeanor. An example of petty theft of this type is shoplifting. Even though it’s a misdemeanor, it’s still on the accused’s permanent record. The punishment of this type of petty theft includes a fine of up to $1,000, time in county jail of up to six months, or both.

Penal Code Section 487 - Grand Theft

Penal Code 487 covers grand theft. It is also the intentional stealing of another person’s property, but the amount must exceed the state’s statutory amount, which in California is $400. Grand theft also includes taking property by force or fear from another person, such as robbery using a firearm or knife, which could also carry the charge of assault with a deadly weapon.

Whenever somebody is accused of a crime, whether it’s fraud or theft, they have to go through a legal process involving court. The process involves various outcomes which can result in a court trial to determine whether you are guilty or innocent. Before a trial occurs, if it occurs, certain steps must be gone through.

General Process for Theft

Following is a general process courts follow, although some courts may have different names for the steps. Unless your criminal attorney advises you otherwise, you should be present for all these steps.

1. Arraignment. An arraignment is when you formally appear before a judge and told the charges filed against you. During the arraignment you’re asked to enter your plea of guilty, not guilty, or no contest. You can change your plea later.

During the arraignment, the judge outlines any conditions you have to follow to avoid being taken into custody. In order to avoid being taken to jail, you may be required to post a bail or bond until your case is resolved. You have the option to object to any of the conditions the judge sets forth. Its best to have the assistance of a criminal attorney to guide you during this process.

This is where you’ll also get notices of future hearings, including dates for a pre-trial hearing and actual trial.

2. Pre-trial. Pre-trial hearings let the court monitor the case’s progress. During a pre-trial you and the court can resolve any issues that come up while your case is pending. Frequently at this step a case can be “continued” to permit both parties sufficient time to prepare their cases.

3. Motions. Depending on your case type and what determinations the court has already made, various legal motions are able to be brought before the court at this time.

4. Readiness. The “readiness hearing” is when both parties let the court know their “readiness” for trial. This step is scheduled anywhere from several days to several weeks before the beginning of trial. During this step your case can be either continued or resolved.

5. Trial. Although most cases are resolved beforehand, if your case goes to trial you can decide whether you want a trail by jury, where a jury decides your case, or a bench trial, where a judge will decide your case.

If you have been arrested and accused of theft, it’s imperative that you contact a criminal defense attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

]]>
Kevin Spacey Accused of Sexual Assaulthttps://www.sevenslegal.com/criminal-attorney/kevin-spacey-accused-of-sexual-assault/870/Thu, 10 Jan 2019 16:00:14 +0000https://www.sevenslegal.com/criminal-attorney/kevin-spacey-accused-of-sexual-assault/870/A few years ago Kevin Spacey disappeared from the public eye after being accused of sexually assaulting an 18-year-old.A few years ago Kevin Spacey disappeared from the public eye. After being accused of sexually assaulting an 18-year-old, he apologized and then made a formal announcement that he is a gay man. That was one of the last public statements he made.

Sexual Assault Charges Against Actor Kevin Spacey

Spacey re-emerged at the end of December with a very odd YouTube video. In the video, Spacey takes on the persona of Frank Underwood, the character he played on “House of Cards.” During the video he makes the statement: “We’re not afraid, not of what we said, not of what we did and we’re still not afraid. Because I promise you this: If I didn’t pay the price for the things that we both know I did do, I’m certainly not going to pay the price for the things I didn’t do.”

It’s unclear what kind of reaction Spacey was attempting to elicit. Even more odd is the announcement at the time the video was released that Spacey will be facing arraignment for the sexual assault allegations on January 7th.

What is “Sexual Assault”

Sexual assault is defined as any type of sexual contact or behavior that occurs without the explicit consent of a recipient. Included under the term sexual assault are the following: forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape.

What is Rape? Penal Code Section 261 PC

When they hear the term rape, many people create a mental image of an assault committed by means of violent physical force. The reality is, however, that rape is any non-consensual sexual activity, including those accomplished without physical means, using such methods as drugs or guile. Any form of sexual conduct forced on a person against their will through means of violence, menace, duress, fear of injury, or other danger is rape under California law.

There are a number of statutes in California that pertain to rape, all of which are among the most serious of criminal offenses with which an individual can be charged.

The most common type of rape (Penal Code Section 261 PC) is defined as criminal offense that involves nonconsensual sexual intercourse by means of threats, force, or fraud. At its core, this form of rape involves vaginal or anal penetration that includes force by instrumentation on someone, conscious or unconscious, or on any victim unable to consent.

Date Rape

Date rape charges are also filed under Penal Code Section 261 PC. Cases of this nature can sometimes be highly contested between the victim and the accused with the difference between a conviction and an acquittal depending on who the jury believes. The question of if sex took place is often not questioned, but rather was the sex consensual or not? Most of these cases do not involve force or injury to the victim. Often, they are cases of “he said, she said” with the defendant having the greatest stake in the outcome.

Other Forms of Rape:

  • Penal Code 262 PC “Spousal Rape.”
  • Penal Code 261.5 PC “Statutory Rape.”

Other forms of rape warrant their own specific statutes in state law. Examples include:

  • Penal Code 262 PC “Spousal Rape.” Anyone who has intercourse with their spouse without their consent and does so with force or threat, and for sexual pleasure or arousal, is guilty of violating California Penal Code 262.
  • Penal Code 261.5 PC “Statutory Rape.” Anyone who knowingly has intercourse with a minor can be found guilty of Statutory Rape. A minor is defined as anyone under the age of 18.

Penalties for Rape

Rape is one of the most serious criminal charges that a defendant may face. A case may be highly complex because of circumstances that are difficult to explain and understand. The penalties for these offenses are harsh and conviction includes lifetime sex offender registration.

Addressing False Rape Accusations

Sexual assault crimes are taken very seriously by the law. If you have been falsely accused you might assume that the charges will just be dropped because of how ludicrous they are to you. But take this case for example - and the wide-reaching effects that it had on just members of the fraternity associated with the rape allegations. These types of allegations do not just “go away,” and you will need to be prepared if you are falsely accused.

Here are some things you can do:

  1. Do not speak with police or investigators until you have contacted a criminal defense attorney. They might try different tactics to get you to admit to a crime you did not commit. Remember that they are always trying to build a case. Simply state that you will not speak with them unless there is an attorney present.
  2. Get in touch with a qualified and experienced criminal defense attorney. You’ll want to do this as soon as possible, even if you just expect the charges to be dismissed.
  3. Prepare for what the allegations might bring. You will be asked to defend yourself, so you’ll need to be prepared. This means contacting witnesses that can testify or provide an alibi for you. You might also need to take psychological tests, or be asked to provide other evidence. Write down as many details as possible about what you remember.
  4. Study. A criminal defense attorney will be able to guide you through fighting the allegations, but it’s in your best interest to understand the legal process and know your rights.

You will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal Criminal Lawyers.

If You Get Arrested for a Sex Crime

In 1966, the U.S. Supreme Court ruled in Miranda v. Arizona, that individuals arrested because they are believed to have committed a crime are allowed certain rights that must be explained to them. This must happen before any interrogation. It’s important to note that these rights only need to be read when a person has been taken into custody. “Miranda Rights” are meant to protect a suspect from self-incrimination and is protected under the Fifth Amendment of the U.S. Constitution. Those “Miranda Rights” are as follows:

  • You have the right to remain silent and refuse to answer questions.
  • Anything you say may be used against you in a court of law.
  • You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
  • If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
  • If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

Why Work with a Criminal Defense Lawyer?

When faced with serious penalties or spending time in jail or prison, you need to retain a criminal defense lawyer to represent you in court. If you are facing an assault or battery charge, or a theft charge, a criminal defense attorney will investigate your case’s specifics and determine if you were wrongfully charged. They also will be able to identify if there are any other existing reasons for why the case should be dismissed before it goes to trial. If the charges are not dismissed before trial, a criminal attorney may be able negotiate a plea bargain with the prosecutor on your behalf. If a plea bargain cannot be negotiated, a criminal defense attorney will prepare your defense and represent you at trial.

After you have discussed the specifics of your case, your Sevens Legal Criminal Lawyers, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal Criminal Lawyers, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.

Sevens Legal Criminal Lawyers, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal Criminal Lawyers, criminal defense lawyers, call (619) 494-3440. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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My Underage Teen Got a DUI on New Year's Evehttps://www.sevenslegal.com/criminal-attorney/my-underage-teen-got-a-dui-on-new-years-eve/869/Thu, 03 Jan 2019 16:00:17 +0000https://www.sevenslegal.com/criminal-attorney/my-underage-teen-got-a-dui-on-new-years-eve/869/Without a doubt, your children will stumble, but if that stumble found them in jail with a DUI arrest on New Year's Eve, you'll want to know what you should do next.Being a parent can be hard. And that only gets harder as your sweet baby boy or girl grows up and becomes an adult. Without a doubt, your children will stumble. But if that stumble found them in jail with a DUI arrest on New Year’s Eve, you’ll want to know what you should do next.

New Year’s Eve DUI for Underage Teen

If you get pulled over for impaired driving, you’ll want to know what you are facing. Below we outline the steps of a DUI investigation in addition to what you can do if a police officer pulls you over.

Driving While Under the Influence

Driving while intoxicated is “driving under the influence” or “DUI.” It’s defined as “operating a means of conveyance while excessive amounts of alcohol, or any kind of controlled substance, are present in the body.”

DUI is a serious and all too often a common offense. All 50 states, including the District of Columbia, have laws making it a crime for anybody to operate a motor vehicle with a blood alcohol concentration (“BAC”) of 0.08% or higher if the person is 21 or older. If the person is under 21, it’s illegal to for them to operate a motor vehicle while under the influence of alcohol. The BAC for a person under 21 is much lower than 0.08%.

The consequences of underage drinking and driving varies from state to state. California laws governing underage DUI are discussed below.

Statistics for Underage Drinking

Some statistics for drinking and driving include:

  • 28% of underage drivers, ages 15 to 20, who were killed in car accidents were drinking
  • In that same age range, 24% of male drivers are involved in DUI-related fatal accidents compared to 12% of female drivers who are involved in DUI-related accidents.
  • When polled, 28.5% of high school students in the U.S. admitted that at least once they rode in a car driven by a driver under the influence.
  • Adding to the danger, teenage drivers tend to not wear seat-belts if they have been drinking. In this age group, 74% of the drivers involved in fatal accidents did not have seat belts on when the impact occurred.

Statistics Improvement for DUI

Although the numbers may be shocking, they have been improving. The National Highway Traffic Safety Administration reports that since laws were established for a minimum drinking age, over 24,000 lives have been saved. They estimate nearly 1,000 were saved in 2005 alone. Although there’s still a long way to go to improve these figures, the SAMHSA National Survey on Drug Use and Health in 2005 states the following:

  • 41% of children have drunk a few sips of alcohol by the 8th grade, and 20% of them have admitted to being drunk at least once.
  • 75% of high school seniors say they’ve consumed more than a few sips by the time they graduate, and 5% of them have admitted to being drunk at least once.
  • Approximately 10.8 million people between 15 and 20 had said they’ve drunk alcohol in the past month, 18.8% of which were binge drinking. 6% have admitted to being heavy drinkers.

Zero Tolerance Police for California Underage DUI

California has a zero tolerance policy when it involves underage drinking while driving. This means if you are an underage driver and drinking you are guilty when you are under 21 and drive with detectable alcohol in your system.

Ramifications of Charges for Underage DUI

There are many and ramifications if a person is charged with underage DUI.

There is a mandatory one-year license suspension whether you are “legally” drunk or not. This means you have a blood alcohol content of 0.08% or higher.

Based on your blood alcohol content and driving history, below are some things you could face:

  • $100 or more fine,
  • Mandatory school for DUI,
  • 3-5 years probation for DUI, and /or
  • Jail time.

Additional charges in California for underage drinking and driving apply. For a typical arrest for underage DUI you will be charged with each applicable law, even if they appear to be duplicates. Some of the more common laws for violating underage drivers include:

  • Vehicle Code 23136 covers drivers under 21 with BAC of 0.01% or more. Violating this isn’t a crime, but the penalty is a suspension of your driver’s license of one year.

  • Vehicle Code 23140 covers drivers under 21 with BAC of 0.05% or more. This is an infraction but doesn’t include jail time. Penalties include:

    • Driver’s license suspension of one year if it’s a first offense,
    • $100 fine if it’s a first offense, and
    • Mandatory alcohol education program for three or more months if you’re over 18.
  • Vehicle Code 23152 covers driving at any age while:

    • impaired by alcohol and/or drugs, or
    • having a BAC of 0.08% or more;
    • Under California law it’s a misdemeanor with the following penalties for first time offenders:
      • Driver’s license suspension,
      • 3-5 year informal (i.e., “summary”) probation,
      • $390 to $1,000 fine,
      • 3 to 9 month education program for drug and/or alcohol, and
      • Up to six months in custody.
  • Vehicle Code 23224 – If under 21 you are not permitted to carry alcohol inside a vehicle except in the following situations:

    • the container is full, sealed, and unopened, and
    • they are:
      • accompanied by parent or other specified adult,
      • a parent or adult told them to get rid of the alcohol, or
      • it is part of their job to carry it and they’re working for a person who possesses a legitimate liquor license.
    • This is a misdemeanor with the following penalties:
      • Vehicle will be impounded up to 30 days,
      • A $1,000 or more fine, and
      • Suspension of driver’s license for one year.

If you injure or kill somebody will driving under the influence you can face additional misdemeanor or felony charges. This applies at any age.

Additional Underage Drinking Consequences

In addition to the above, if you’re convicted of these charges you must report this information on college or employment applications in the criminal history section. It also counts toward the score of your criminal history if you are then convicted in a federal crime.

Underage Drinking Defenses

You need to immediately call a DUI defense attorney if you have been arrested and charged with underage drinking. California DUI charges had numerous defenses which a DUI attorney can use to fight the charges. Some of these defenses include:

  • You were not the one driving
  • The testing equipment for DUI was not properly working,
  • The person who performed the DUI chemical test did not follow the proper procedures,
  • You were within the margin of error for an acceptable BAC result,
  • Your BAC was rising at the time the test was done, which could indicate it was lower while you were driving,
  • There was another alcohol source – as in mouthwash,
  • You had a medical condition such acid reflux or GERD,
  • You were on a diet of high protein / low carbohydrate,
  • Your traffic stop was unlawful,
  • Your arrest was unlawful,
  • The officer did not advise you of your rights.

If you’ve been accused and charged with DUI, an experience DUI defense lawyer such as Sevens Legal Criminal Lawyers, can help negotiate to get your charges reduced. A DUI charge has many complications making it difficult to navigate without the help of an experienced and skilled DUI lawyer. A DUI lawyer can also help remove the stress and difficulty relating to being accused of a DUI. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Holiday Desperation Leads to Money Laundering Accusationshttps://www.sevenslegal.com/criminal-attorney/holiday-desperation-leads-to-money-laundering-accusations/865/Thu, 27 Dec 2018 16:00:52 +0000https://www.sevenslegal.com/criminal-attorney/holiday-desperation-leads-to-money-laundering-accusations/865/During the holidays money can get tight. If you’ve been accused of money laundering to pay for your holiday presents you’ll want to contact a criminal defense attorney.

Money Laundering Accusations for the Holiday Season

Money laundering, often referred to as a “white collar crime” is the act by which criminals disguise the original ownership of funds so that it appears to have derived from a legitimate source. Money laundering happens not only within the nation, but quite often throughout various nations, as it is often easy for criminals to transfer funds to off-shore accounts.

While there are numerous money-laundering techniques, the Treasury’s initiative hopes to crack down most on shell companies. Shell companies are fake companies that are established to take in money as payment for goods or services that are not actually offered, thus providing a place to “hide” the money that it receives. Fake invoices and balance sheets are a way to make transactions appear valid and legitimate.

Reason for Money Laundering Crack Down

The Treasury is concerned that some of the deal estate deals taking place in Manhattan and Miami are actually being made by corrupt foreign government officials and other international criminals in an attempt to launder money. Because many of these all-cash transactions are made through shell companies, the individuals behind the sales are able to disguise their identities. Making the problem even more difficult to trace is that fact that many shell companies are held by other shell companies, thus providing even more layers between the transaction and the individual making the purchase.

March Unveiling

According to the Treasury’s announcement, the new disclosure requirements will apply for 180 starting in March. During that time, all all-cash real-estate transactions over $3 million in Manhattan and $1 million in Miami will require full names of those making the purchase. Those in the title insurance industry will be required to not only identify buyers, but also report the information to the government, who will then record the information in a database for the US Treasury Department.

Title companies will implement the government’s initiative “to help prevent money-laundering schemes and the illegal purchase of real estate in the United States,” said Michelle Korsmo, CEO of the American Land Title Association.

This will only apply to all-cash transactions as those are the ones that are the hardest to track. For those that need financing, etc… they are already required to provide information to obtain the financing. While the initiative will only take place for 180 days, the government will still be able to seek an extension under federal law that would require full disclosure of identification.

Is Money Laundering Really a Problem?

The real estate markets in Manhattan and Miami have boomed over the past year. At the close of 2015, the median Manhattan home sold for $1.5 million. That’s up 17.3% from the previous year, according to the real estate brokerage Douglas Elliman. Those prices haven’t been seen since right before the housing crisis of 2008. And the median sales price for a luxury unit was $6 million. That’s an even higher jump of 25% from the previous year.

Most importantly, nearly half of those purchases were all-cash. And if the Treasury is correct, that means a lot of potentially illegal money laundering activity.

But that’s just Manhattan. In Miami Beach, the median sales price for a luxury single-family home exceeds $6 million. A chic condo towers within the area’s expensive locations are causing buyers to flock to the Miami.

There was $100 billion spent on Florida real estate transactions last year. And according to the National Association of Realtors, nearly a quarter of that came from international buyers. Of those purchases, 74% were all-cash.

Housing Industry Reacts

The new measure might prove difficult for the housing industry and those working within it such as realtors and appraisers

“It’s painting the high-end segment as having overall treachery, and that’s unfortunate,” said Jonathan Miller, chief executive at the appraiser Miller Samuel. “It’s certainly not helpful to the high end of the market because it adds another level of complication to a transaction.”

Real estate developer Kevin Maloney doubts the initiative will affect sales. He estimates about 60% of his buyers typically use corporations for their transactions, but that isn’t because they are trying to hide any illegal activity.

“People who are buying in the luxury sector want privacy, want anonymity,” said Maloney. “We generally know our buyers because they come in, and they interface with us.”

Money Laundering and Concealment

According to the International Monetary Fund (IMF), the amount of money laundered every year is estimated to be between $600 billion and $1.5 trillion.

A large aspect of money laundering, and being convicted of money laundering has to do with concealment. For money laundering charges to be brought, a prosecutor must show that the person concealed money specifically in order to conceal the ownership and source of the money, as well as control of the money, as to make it appear as if it came from a legitimate source.

Proving concealment is key. For example, if you make a $10,000 profit from privately selling your car and then try to hide that income from the IRS, you have not committed “money laundering.” Yes, you’ve violated tax laws, but because your sale was legal, money laundering charges cannot be brought.

Penalties for Money Laundering

There are state and federal laws regarding penalties for money laundering. Typically, being convicted of committing money laundering results in fines, prison, probation, or a combination of these penalties.

Prison

While money laundering is typically charged as a felony offense, some states charge it as a misdemeanor. A misdemeanor money laundering conviction can result in a year-long jail sentence. Felony convictions carry penalties of a year or more in prison. In situations where a person is a repeat offender and money laundering was part of an ongoing criminal enterprise, or if money laundering was related to terrorist activities, prison sentences can be 35 years or more.

Fines

The fines associated with a money laundering conviction can be steep. A misdemeanor money laundering conviction can mean fines up to no more than a few thousand dollars. A federal conviction can result in fines of up to $500,000 or double the amount of money that was laundered, whichever is greater.

Probation

A court can also impose a probation sentence for money laundering convictions. This probation usually lasts for at least one year, but sometimes as long as three years or more. During the time someone is on probation he or she will have to meet specific probation conditions, including: regularly reporting to a probation officer, allowing the officer to conduct random home checks, taking random drug tests, and not committing other crimes. Violation of probation can cause a court to revoke probation. If this happens, a person will most likely need to serve a prison term, face additional fines, increased probation period, and/or face other penalties.

Being Charged with a Federal Crime

Being investigated or charged with a crime by a federal agency is a sobering and often intimidating situation. The Federal Government can use an array of powerful investigative tools as well as having access to judicial assistance to build a case against you.

Federal prosecutors have the power to create a task force from various law enforcement agencies at all levels - federal, state and local- into a powerful prosecution team. Accordingly, federal prosecuting attorneys have the ability to bring tremendous resources against you, and they will not hesitate to do so.

Federal Crime Definition

Crimes are defined as federal crimes when they either cross state lines, involve a federal agency (e.g., the post office, federally insured banks, the SEC and HUD) or involve the Internet. The most common cases prosecuted at the Federal level include drug trafficking, bank robbery, and Internet pornography, but also white-collar offenses such as mail fraud, wire fraud, bank fraud, and money laundering.

As with any criminal charge, you will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal Criminal Lawyers.

After you have discussed the specifics of your case, your Sevens Legal Criminal Lawyers, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal Criminal Lawyers, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.

Sevens Legal Criminal Lawyers, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal Criminal Lawyers, criminal defense lawyers, call (619) 430-2355. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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When the Stress of the Holidays Turns to Domestic Violencehttps://www.sevenslegal.com/criminal-attorney/when-the-stress-of-the-holidays-turns-to-domestic-violence/862/Thu, 20 Dec 2018 16:00:15 +0000https://www.sevenslegal.com/criminal-attorney/when-the-stress-of-the-holidays-turns-to-domestic-violence/862/It’s commonly believed that domestic violence cases increase during the holiday times. With the stress of the holidays, people often turn to coping mechanisms, which can include taking it out on their family members.

Domestic Violence Increases With Holiday Stress

During the holiday season things get stressful. From organizing family gatherings to dealing with financial stress it can be a very overwhelming time of year. If you are accused of dealing with domestic violence it can be even more stressful. You’ll want to work with a criminal defense attorney if you have been accused.

Domestic violence includes beating, threatening, sexual assault, or other harm to another person. Angry words can lead to a push or slap, then escalate to other forms of physical, psychological, or emotional abuse. The following charges are also related to domestic violence:

  • Child endangerment
  • Child abuse
  • Physical injury to a spouse or co-habitant
  • Temporary or permanent restraining order
  • Restraining order violations

Common Cliches About Domestic Violence

Despite the usual images of domestic violence society has, anybody can be a domestic violence victim. It doesn’t matter what sex, age, culture, race, education, religion, employment, or marital status they have. While women are the usual victims, men can fall prey to domestic violence as well. Women may be suspicious of strangers, but it’s usually those closest to them, such as a lover, husband, boyfriend, or other family member, who is the mostly likely person to victimize them.

It is estimated that one out of every four women will experience some form of domestic violence during her lifetime. In the United States the leading cause of injury to women between 15 and 44 is domestic violence. This is more than muggings, rapes, and car accidents combine. It is estimated that every 15 seconds in the United States a woman becomes a victim of domestic violence at the hands or her husband or partner. Approximately three to four million women in the U.S. are beaten by husbands or ex-husbands or male lovers each year in their homes.

A critical change happens when women try to leave their relationships because of some level of abuse. Frequently upon leaving the relationships they end up living in poverty. It’s a difficult choice but better than living with domestic violence. In spite of the dangers of domestic violence, there are a number of cultural and social factors that try to encourage women to stay in abusive relationship to try and make things work. It’s difficult when the violence is a long-standing pattern for both the woman and her partner.

Men who abuse their wives or girl friends frequently says it’s because their wives or girl friends are terribly inadequate. “She’s too lazy and doesn’t do what I tell her!” It is evident these abusive men are dependent on their partners. Some factors that leads such men to violence includes emotional withdrawal, fear of rejection, and/or abandonment. Similar to women who are incapable of leaving abusive relationships, men who batter their wives and children also tend to be psychologically incapable of leaving such a relationship.

While women are usually thought of as being victims of domestic violence, men are often victims more than most people realize. While men tend to be physically stronger, it doesn’t mean they can always escape domestic violence in the relationships they have. Unlike women, a man who is abused doesn’t have the resources women do, must face skepticism by police, and encounter major legal obstacles, especially involving trying to gain custody of their children having an abusive mother.

Male victims of domestic violence has to deal with issues their female victims don’t have to. Both genders are hesitant to report domestic abuse because of embarrassment, or the fear of making the situation worse. In addition to embarrassment, male victims have to deal with identity issues of being a man. This is due to the fact they they’re afraid their family and friends will consider them weak if they find out they’re “let” their female partner abuse them. According to a report from the ManKind Initiative, which campaigns for male victims of abuse, statistics show that 38% of domestic abuse victims are actually male.

Domestic Violence Laws in California

California’s Domestic Violence Laws have been, originated in 2000, have been referred to as a patchwork of statues trying to help victims of domestic violence. However, these laws don’t address some of the biggest obstacles faced by victims, even though they make an honest attempt to prevent domestic violence in family and intimate relationship situations.

The state identifies the beginning of domestic violence as the time an individual commits a criminal act according to the relationship type specified in the California Penal Code. These relationships are classified as a spouse or ex-spouse; current or former cohabitant in the home; a parent the individual has had a child with; or a partner in a dating relationship. For most situations of domestic violence, these are adequate classifications.

The California Penal Code Section 273.5 criminalizes domestic violence. According to the code it’s a crime if the conduct of an individual willful leads to a “corporal injury resulting in a traumatic condition” suffered by another person the individual has a familial or intimate relationship with specified in California’s domestic violence laws.

Since the Penal Code criminalizes battery in familial or intimate relationships, prosecutors can decide to charge defendants with battery under Penal Code Section 243(d) if the defendant “inflicted serious bodily injury” on the victim. Under this section, battery is a greater degree of harm the victim suffered due to domestic violence.

Domestic violence and child abuse frequently go hand-in-hand. To address this, prosecutors may also charge a defendant of domestic violence under various other applicable sections of the Penal Code. Based on the crime’s severity and harm to the victim, as well as other circumstances in the case, a prosecutor decides what criminal charges to pursue.

California Penal Code Section 836 has mandates for arrest for when defendant violate restraining orders. This section recognizes the potential consequences dealing with violations of restraining orders as well as the casual treatment police often give these violations. Now California police are required to arrest offenders who violate restraining orders in domestic violence cases. Unfortunately there is no requirement in the legislation for a district attorney to then prosecute these cases of restraining order violations the police sends to them.

The Role Prosecutors Play in Cases of Domestic Violence

Over the years legislators have been given opportunities to address certain aspects, they still have not address crimes such as domestic violence, rape, and child abuse. The district attorney has absolute power to refuse to file charges even if there is solid the evidence for the charge. When this occurs, the victims have no legal remedy. This unrestricted prosecutorial discretion was shown in Sonoma County which has the lowest conviction rate in the state, and cases for violence against women and children tend to be systematically undercharged.

Even though California does a fair job overall when it comes to enforcing domestic violence cases, there is considerable work still to be done in order to make the laws for domestic violence effective when in order to protect victims and their children.

If you are a victim of domestic violence you need the expert advice and support of a domestic violence attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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New Tool Aids Police in Identifying Drugshttps://www.sevenslegal.com/criminal-attorney/new-tool-aids-police-in-identifying-drugs/861/Thu, 13 Dec 2018 16:00:37 +0000https://www.sevenslegal.com/criminal-attorney/new-tool-aids-police-in-identifying-drugs/861/With just a small scanner, and in less than a minute, San Diego police are able to determine just what kind of drugs they are looking at. The new tool is aiding officers in determining what they are dealing with without ever having to open a package.With just a small scanner, and in less than a minute, San Diego police are able to determine just what kind of drugs they are looking at. The new tool is aiding officers in determining what they are dealing with without ever having to open a package.

Identifying Drugs Has a New Tool for Police

San Diego police have been given a new tool to keep them safe. As dangerous opioids, such as fentanyl, have started to show up in street pills and powders, officers have been increasingly put at risk of accidental exposure.

In the past, officers have tested drugs in the field by scooping out a small amount of the found substance and mixing it with chemicals in their test kit. They would then await a color change and record the results.

Accidental exposure has happened as a result of the fact that these tests use glass capsules, which are able to break, to test the device.

The TruNarc device changes all of that. These high tech devices, which the manufacturer says uses laser light to easily and quickly test for more than 400 substances, including narcotics, stimulants, depressants, hallucinogens and analgesics through plastic or glass, keeps officers safe.

“Although TruNarc is not a silver bullet for everything, many agencies find the tool invaluable,” Bill Kotowski, sales manager for field and safety instruments.

Now that these tools are available to officers in the field, it makes it easier for charges to be brought. In the past, when substances had to be sent to a lab for review, it would delay the process. Now that substances can be identified easily during an arrest, charges can be brought swiftly.

Addiction to Prescription Drugs

One key aspect for the rising rates of addiction is the widespread availability of prescription drugs. Many doctors and patients alike know that a pill is the easiest and quickest way to take care of symptoms. In turn, patients trust their doctor will legitimately prescribe the pills that will be the answer to their prayers to relieve their painful ailments. The majority of people think that if a doctor prescribes drugs that are then filled by a reputable pharmacist, that they will be safe. Unfortunately, this isn’t always the case, especially if the drugs aren’t used properly.

Drug Charges

Being convicted of any drug crime is a serious matter. Most drug charges can carry heavy convictions, fines and stay on your personal record, which can affect your job, buying a home or getting a loan. If you are convicted for any drug related crime, it is in your best interest to seek a criminal defense attorney and never accept any deal without speaking to an attorney first. Drug charges range from minor possession to a more serious charge of drug manufacturing, whatever the charges are, know that you can find guidance with your case. Choosing a great criminal defense attorney will help your case and often reduce charges. The experience and knowledge needed to deal with a drug charge can be found at Seven’s Legal. Sevens Legal is well versed in a variety of drug charges that you may be convicted of and their experience is endless. At Sevens Legal you will find a successful team that is passionate about representing their clients. If you find yourself charged with any drug crime, it is imperative that you seek a knowledgeable criminal defense attorney that will guide you through the legal system and help with reducing your charges.

Drug charges can stem from minor to more serious offences and at Sevens legal you can find a Criminal Defense Attorney for a number of drug related crimes. Regardless of the drug related crime, choosing Sevens Legal will help with protecting your rights and freedom and lead towards a positive outcome.

  • Simple possession and possession for sale or distribution
  • DUI involving drug possession
  • Heroin manufacturing
  • Money Laundering
  • Cultivation of Marijuana
  • Drug Trafficking or smuggling
  • Juvenile or student drug offenses
  • Unauthorized possession or sale of prescription drugs

Heath & Safety Codes You May Be Charged With

  • Health & Safety Code 11550 HS “Under the Influence of a Controlled Substance”
  • Health & Safety Code 11379.6 HS “Manufacturing Drugs and Narcotics”
  • Health & Safety Code 11377 HS “Possession of Methamphetamine”
  • Health & Safety Code 11352 HS “Sale or Transportation of a Controlled Substance”
  • Health & Safety Code 11351 HS “Possession for Sale of Narcotics”
  • Health & Safety Code 11350 HS “Possession of a Controlled Substance”

DUI of Marijuana

Driving under the influence of marijuana is a crime in California under Vehicle Code 23152(e) VC. It is similar to driving under the influence of alcohol under vehicle code 23152 (a) VC. Unlike with alcohol, however, the law does not specify that any particular amount of THC in the bloodstream automatically establishes impairment. This can make the crime difficult to prove. For you to be found guilty of DUI marijuana, the prosecutor must prove that:

  • You drove a motor vehicle
  • Under the influence of marijuana
  • Because of the marijuana, your mental abilities were so impaired that you were unable to drive with the caution of a sober person, using ordinary care, under similar circumstances.
  • The penalties for DUI of marijuana are the same as the California DUI penalties involving alcohol.

Experience that matters

At Sevens Legal you will find a knowledgeable group of attorneys that will help with any drug related charge(s) you may be facing. Sevens Legal has decades of experience in criminal defense and great criminal defense attorneys that will support you through the technical aspects of law and offer guidance regarding your case. If you find yourself in a position where you have been charged with a drug related crime, please call Sevens Legal for a free consultation and allow us to begin working on your behalf.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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San Diego Arrest Warrant, Bench Warrant & Search Warranthttps://www.sevenslegal.com/criminal-attorney/arrest-warrant-bench-warrant-search-warrant/346/Thu, 06 Dec 2018 16:00:47 +0000https://www.sevenslegal.com/criminal-attorney/arrest-warrant-bench-warrant-search-warrant/346/The three types of warrants that can be issued against you in California: an arrest warrant, bench warrant, and search warrant.We Only Handle Warrant Cases in San Diego, CA

There are three types of warrants that can be issued against you in California: an arrest warrant, bench warrant, and search warrant. While they have some similarities, they are used for different reasons.

Differences of Arrest Warrant, Bench Warrant, and Search Warrant


  In California, both arrest, bench, and search warrants are court orders issued by a court or judge. Police can go to a person’s last known address in order to find them. Once law enforcement finds the person who the warrant has been issued for, they can immediately arrest and jail them so they can appear in the court that issued the arrest warrant. Having an experienced criminal attorney can assist you with having the warrant recalled or quashed.

As a result of arrest and bench warrants, police can hold you in custody until you have your next hearing in court. Although they are issued for different circumstances, failure to comply results in serious consequences. But that’s where the similarities of an arrest warrant and bench warrant end.

What is a Search Warrant?

A search warrant, also issued by a judge, is used to conduct a search of your residence. It permits law enforcement to legally enter your home and seize any of your property they suspect of being potential evidence. They must give you a receipt for any property they take.

What is an Arrest Warrant?

  An arrest warrant for you is issued when law enforcement officials or grand jury feels there is probable cause (i.e., a reasonable belief something illegal has occurred) to suspect you’ve committed a crime. It’s a formal document that orders the police to arrest and detain you. Until the police arrest you, you’re usually not aware an arrest warrant has issued for you.

Prior to the issue of an arrest warrant, law enforcement has conducted an investigation. This investigation may include a district attorney’s sworn statements as well as statements by the alleged victim and police officers. If their investigation uncovers evidence resulting in a probable cause indicated you committed the crime, the police obtains a formal arrest warrant signed by a judge for your arrest.

After the arrest warrant has been issued against you, law enforcement officers may then come to your workplace or home to arrest you. After being arrested, you’ll be taken to jail and be presented in court in front of a judge. If you speak to a judge or the police during this time, additional criminal charges can be filed against you. This is why it’s imperative to contact an experienced criminal defense attorney such as Sevens Legal Criminal Lawyers, who can advise you at to what your next step is.

To make a lawful arrest, the police or arresting officer must show probable cause for arresting you or have a valid arrest warrant issued by a judge or grand jury.

An arrest warrant is valid if it:

  • Contains the reason for the probable cause;
  • Was issued by a detached and neutral judge or grand jury;
  • Was issued based on police affidavits without known or reckless falsehoods;
  • Describes the actual person to be arrested.

These minimum requirements are based on language contained in the U.S. Constitution’s Fourth Amendment. Federal statute and State jurisdictions usually require an arrest warrant be issued for the arrest of a person for misdemeanors that were not committed while a police officer observed it. However, if a police officer has a probable cause and has observed the crime, an arrest warrant usually is not needed in order for the officer to arrest the person they suspect of having committed a felony. Laws such as these vary by state. If the situation is not an emergency, a person cannot be arrested in their home without an arrest warrant.

The District Attorney can request the court issue an arrest warrant. This may occur when the Prosecutor, after a completed investigation, decides the person needs to be taken right away into custody due to the seriousness of the crime or because of a concern that the person may flee the area. Many times the person receives a letter to appear at a certain date, time, and place. If they fail to appear as indicated in the letter, an arrest warrant is issued.

Adequate Probable Cause for Arrest Warrant

Probable cause is either the direct observation of a police office or hearsay information provided by witnesses. This information must establish the officer or witnesses know the facts by personal observation that would suggest the individual in the arrest warrant either had or was in the process of committing a crime.

An affidavit considered constitutionally adequate made of primarily hearsay information must contain information that suggests the witness supplying the information was a credible person and they had a strong basis of knowledge about the alleged facts. It must also support the conclusion that the “totality of the circumstances” suggests the probability that the facts are valid. The judge or magistrate will then take everything into consideration before deciding to issue an arrest warrant.

Detached and Neutral Judge or Magistrate

Although the person issuing the arrest warrant doesn’t need to be a judge or attorney, they must be able to determine if probable causes exists and must also be a neutral and detached official, and not associated with the individuals the arrest warrant may be issued for or associated with any other aspects of the crime in question. Although arrest warrants are usually issued by courts, they can be issued by a chamber of the United States Congress or other legislature.

No Known or Reckless Falsehoods

An arrest warrant will be considered invalid if the defendant can prove there are specific parts of the affidavit that have been submitted by the police to the court that are false, that the police knowingly made these false statements or made them recklessly without regard as to whether they were true or false, and that after the false statements have been removed the remaining parts of the affidavit does not by itself establish a probable cause for the defendant to be arrested.

Description of the Person the Arrest Warrant is For

In order to comply with the U.S. Constitution’s Fourth Amendment, the arrest warrant must “particularly describe” the person the arrest warrant is for. If it does not contain this description, it is considered invalid.

What is a Bench Warrant?

In California, a bench warrant is more common than an arrest warrant. Typically it’s issued when somebody fails to appear for their court hearing or fails to answer a subpoena. The term “bench warrant” derives from the failure to “sit on a bench” before a judge in court. A bench warrant is an order to immediately arrest somebody.

A bench warrant may be issued in the following circumstances:

  • Failure to pay a fine;
  • Failure to appear in court after it has set a fixed date and place for you to appear after criminal charges or an indictment against you;
  • Failure to appear in court after a judge or attorney has personally ordered you to appear;
  • Failure to appear in court in order to show proof of enrollment, completion or progress for community service, or some other alternative sentencing; and
  • Failure to appear in court after a police officer has issued a citation.

If you have been arrested under a bench warrant, the court will set an amount for your bail. If you are unable to pay the bail amount, you most likely will remain in jail until you have your appearance in court. If arrested, you need to immediately retain an experienced criminal defense law firm, such as Sevens Legal Criminal Lawyers, to appear on your behalf in court to seek your release from custody.

An attorney can request that a beach warrant be recalled. If the warrant was issued for a misdemeanor such as public intoxication, DUI, domestic violence, driving with a suspended license, etc., an attorney can recall it and place the matter back to a judge for resolution.

A bench warrant can also be issued if a judge feels the person is in contempt of court, possibly because of their failure to appear at the time and place mandated for their appearance. Bench warrants are typically issued in civil or criminal court proceedings.

Many times a bench warrant is issued for a person who has intentionally avoided their court appearance in order to escape the possible consequences of being found guilty. If on bail, the person will forfeit their bail and have a higher bail amount set that they must pay or else they will be re-arrested. Normally the person is just held in custody. If there’s a bench warrant out for their arrest and they are stopped by an enforcement officer, they can remain in jail until their hearing is held. The hearing may set a new bail amount with new conditions and a new date to appear in court. Many times in this situation the court will declare them to be a flight risk and will order them to remain in jail without bail until further notice.

If you discover that you have an arrest warrant or bench warrant issued against you or a loved one, it is imperative to contact and speak with an experienced criminal defense attorney such as Sevens Legal Criminal Lawyers, as quickly as possible. We can help you fight for the best possible outcome for your case. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Drug Crimes Land Past Convicts Back in Jailhttps://www.sevenslegal.com/criminal-attorney/drug-crimes-land-past-convicts-back-in-jail/858/Thu, 29 Nov 2018 16:00:39 +0000https://www.sevenslegal.com/criminal-attorney/drug-crimes-land-past-convicts-back-in-jail/858/Each year, thousands of people return to San Diego County jail after committing a new drug crime while out on bail. Most often, that new crime is drug related.Each year, thousands of people return to San Diego County jail after committing a new drug crime while out on bail. Most often, that new crime is drug related.

Drug Crimes Convicts Go Back to Jail

According to data from the District Attorney’s Office almost 4,150 people were charged with committing a new felony after they were bailed out of jail but awaiting trial on a felony charge.

California is just a year away from implementing new changes to laws that dictate who stays in jail and who is able to post bond and leave jail while they await their criminal case trials.

The state will be eliminating cash bonds as of October 2019. In the past, cash bonds have been increasingly discriminating against those who do not have the financial means to post bond. The new system shifts emphasis away from money to an analysis of whether someone is a public safety risk.

Pretrial Assessment Services

Under the new law, money won’t matter. Those charged with committing a crime will be evaluated and categorized by a new agency called Pretrial Assessment Services. This agency is in place to determine if the person accused is either a low, medium or high risk to either public safety or skipping future court dates.

Those determined as “low risk” will get out of jail pending trial. This means those arrested on suspicion of a misdemeanor crime - with a few exceptions - will be released within 12 hours.

Those determined to be high risk or charged with certain serious crimes - including violent offenses - most likely will stay behind bars.

If your case does go to trial, you’ll want to know the steps of the criminal trial process. During a criminal trial a jury examines the evidence presented by the defense and prosecution to decide whether, “beyond a reasonable doubt,” a defendant committed a crime. A fair trial allows for the government and the defendant to argue their sides of the case. And a fair trial starts with the selection of a fair jury.

Criminal Trial Phases

A criminal trial typically consists of six following phases:

  • Choosing a Jury
  • Opening Statements
  • Witness Testimony and Cross-Examination
  • Closing Arguments
  • Jury Instruction
  • Jury Deliberation and Announcement of Verdict

Today we will focus on the first phase, that of selecting a jury.

Choosing a Trial Jury

The first step then of a criminal trial is to select the jury. During jury selection, the judge, the prosecutor (representing the government), and the defendant (through his or her respective attorney) will screen potential jurors from a pool of jurors.

During the jury selection process, the judge, prosecution, and defense team will ask potential jurors about any ideological predispositions or life experiences that may interfere with being able to remain unbiased during the case hearing. After questioning a jury is selected.

While jury duty might be a burden and might feel like a waste of time, for a defendant, the selection of a fair juror can mean the difference between a life sentence or freedom.

Fair Jurors for a Trial

The role of a juror is an important one. They alone can decide the future of the defendant on trial. A juror must hear the evidence presented during the trial, deliberate, and decide if the defendant is guilty or not guilty of the charged crimes. Because of this, an unbiased jury must be assembled.

The criminal court system has a system in place that allows for certain rights of a defendant during the juror selection process. This means that a defendant (through his or her attorney) is able to dismiss unfair potential jurors from the jury. The same rights are given to the judge and prosecution team. These rules allow for a fair jury to be selected by all parties that are involved in the case.

The goal of the juror selection process is to put together a jury that will only take into account the evidence presented during the trial so that, during juror deliberation, a fair decision will be made.

Trial Jury Pool Representative of the Community

To pick a fair jury, attorneys will need to have options for jurors. The jury pool (also known as a venire) is the collection of potential jurors assembled from the community. This jury pool is usually chosen via voter-registration lists. Once a person has registered to vote, they are also entered into a list that they can be “summoned” from for jury duty.

This jury pool is composed of a cross-section of the community that cannot intentionally exclude groups and cannot be based on race, gender, or religion. Examples of distinct community groups include:

  • African-Americans
  • Hispanics
  • Asian-Americans
  • Native Americans
  • Women

A jury pool will be selected randomly from all of these community groups. While it must not be an exact match of the community, it must representative of the community.

Voir Dire Questioning Potential Trial Jurors

Once a jury pool is formed the potential jurors are summoned to the courthouse on a particular day and time. The jury pool will wait in a room until they are called to a courtroom. Once in the courtroom, the jury selection process begins with questioning. This process of questioning potential to determine any potential biases is called “voir dire.”

Challenging a Juror for a Trial

During voir dire, the prosecution and defense will interview potential jurors to determine if there are biases that would prevent a juror from being impartial when it comes to deciding on a verdict. If an attorney, either for the prosecution or the defense, chooses to excuse a potential juror, he or she must use a “challenge,” which is a request to disqualify an individual from the jury.

A challenge for cause is when a request to dismiss a potential juror is based on a specific and stated reason. Typically this reason is because it’s been identified by the prosecution or defense that the potential juror has a potential or actual bias. Examples of reasons to challenge for cause include the following:

  • Exposure to negative pretrial publicity
  • Connection to law enforcement or the defendant
  • Victim in a similar case
  • Accidental exposure to the defendant while he was in custody

Attorneys usually are given unlimited challenges for cause. A court may also choose to dismiss a potential juror for cause without a challenge from an attorney.

Jurors can also be dismissed without stating a reason as part of a peremptory challenge. This challenge is usually based on an attorney’s experience and gut feeling when it comes to choosing a juror. There are typically limited amounts of peremptory challenges that an attorney is able to use during jury selection.

Potential jurors are not allowed to be dismissed due to a particular characteristic, such as race, ethnicity, and gender. This rule does not apply to challenges based on age or on mental and physical disabilities.

Alternate Trial Jurors

Once a jury is selected, alternate jurors are selected in case a regular juror needs to be replaced because of inability to perform jury duty. Alternate jurors are questioned and selected in the same manner as the regular jurors.

Input From Defendant

In terms of the defense’s side, a criminal defense attorney will make the ultimate decision about selecting jurors. But these decisions are not made without the defendant’s input.

Your criminal defense attorney will handle all of the questioning during the voir dire process because a defendant is not allowed to address the potential jurors. The only exception to this law is if the defendant is representing himself or herself.

It is never advised that a defendant represents himself or herself, and if you have been accused of a crime, you should immediately contact a criminal defense attorney.

If You Are Detained

If you are detained in jail, remember there are still ways to incriminate yourself. There are some general guidelines you should follow, including the following:

  • Do not discuss anything over the phone. This is often recorded and can be overheard.
  • Do not discuss with fellow in-mates. Remember that anyone in jail is looking for a way out. That could include providing information about you in order to improve their position with the state.
  • Do not make statements or answer questions without an attorney present.
  • Never waive your rights to something without first speaking with an attorney.
  • Know how to be steadfast with your requirement that an attorney be present during any interrogation or questioning.

Working with a Criminal Defense Attorney

Criminal charges can be complex, requiring much gathering of evidence and information. It’s highly advised that you work with an experience criminal defense attorney that will be able to advise you on the best defense. If you have been arrested and accused of a crime, you need to acquire and work with a criminal defense attorney such as Sevens Legal Criminal Lawyers. Once you have discussed the specifics of the allegations against you with your attorney, they will inform you of the strengths and weaknesses pertaining to your case, as well as any risk of conviction and punishment you may be facing.

A criminal defense attorney such as Sevens Legal Criminal Lawyers, can also negotiate a plea deal as well as decide to move forward with trial, while working constantly to make sure your best interests are served. At Sevens Legal Criminal Lawyers, every defendant has a right to our zealous defense. Contact Sevens Legal Criminal Lawyers, today for a free consultation. Our firm award winning attorneys provides hope and peace of mind. The Sevens Legal Criminal Lawyers office is located in both San Diego and Escondido. We have time and time again helped Southern California residents get their cases dismissed or penalties reduced. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Thanksgiving Drunk Drivinghttps://www.sevenslegal.com/criminal-attorney/thanksgiving-drunk-driving/857/Wed, 21 Nov 2018 16:00:11 +0000https://www.sevenslegal.com/criminal-attorney/thanksgiving-drunk-driving/857/As Thanksgiving approaches you'll want to prepare for any celebrations - as well as the consequences of celebrating too much.As Thanksgiving approaches you’ll want to prepare for any celebrations - as well as the consequences of celebrating too much.

Drunk Driving on Thanksgiving

If you get pulled over for impaired driving, you’ll want to know what you are facing. Below we outline the steps of a DUI investigation in addition to what you can do if a police officer pulls you over.

Steps to Investigating DUI Charges

The first step in a DUI investigation is being pulled over by a police officer, which can be scary. If this was you this past weekend, you probably anticipated the typical question an officer asks: “Have you had anything to drink today?”

Since the officer can’t force you to answer any questions that could be considered incriminating, the best answer might be to tell them you prefer to speak with a DUI attorney before answering their questions. Having a blood alcohol (“BAC”) content under 0.08 is not considered driving under the influence. Admitting that you may have had one beer just explains why your breath smells of alcohol.

The second step in a DUI investigation are field sobriety tests. California does not give you the right to consult an attorney prior to these tests, but you can still politely decline to take them since you are not legally required to submit to these tests. The risk of these tests is that if an officer takes a subjective view they could decide you failed even though the test results were borderline. These results could then be used to convict you for a DUI.

However, if a police officer genuinely suspects you are intoxicated, chances are good you won’t get away with a warning.

The next step in a DUI investigation is the Preliminary Alcohol Screening (PAS) test. This test is normally a breathalyzer test, which is a chemical test prior to being arrested. A breathalyzer test is the most common one used by police officers to identify drivers driving under the influence. Breathalyzer tests are also used after an arrest as well. Before actually being arrest, you have the right to refuse to take the breathalyzer test. If you are afraid your blood alcohol level is high, you can take it knowing the possibility exists of later impeaching the test results.

If you have been lawfully arrested for DUI, the law requires you to undergo the administration of a chemical test by a police officer to determine your blood alcohol level (“BAC”).

According to California’s “Implied Consent Law” you are required to submit to chemical testing to determine your BAC if a police officer arrests you for DUI and the officer has probable cause to believe you were driving under the influence.

After being arrested, often you can chose either the breathalyzer or chemical tests. The breathalyzer is fairly reliable, but the results aren’t for a number of reasons. Breathalyzer tests don’t test for blood alcohol concentration (“BAC”), which requires a blood sample be taken to be analyzed. Because of this, the police will indirectly make an estimate of your BAC.

Blood Test to Confirm DUI

The most accurate tests to determine BAC are blood tests. Because of this, if given the choice you should choose a blood test if you feel your BAC is under the legal limit of 0.8.

Also, your blood sample must be preserved under a specific set of rules that will then be available for your attorney’s use in order for their later independent testing and analysis.

Although you can’t be forced to take a chemical blood test, if you refuse the Department of Motor Vehicles will suspend your California Driver’s License for one year, no matter what the outcome of the DUI case against you. You can request a hearing to contest the suspension, but it must be requested within 10 days from your DUI arrest date.

Speak to a San Diego DUI Lawyer Today

Call our skilled attorneys at Sevens Legal Criminal Lawyers for a free consultation today to explore your options if you have been arrested for drunk driving in San Diego County. DUI/DWI charges carry stiff penalties that can be financially devastating and may include jail time and the suspension of your license for a year or more. With over 40 years of collective experience dealing with criminal defense and DUI/DWI cases, the attorneys at Sevens Legal will bring to your situation a wealth of expertise and a track record of countless courtroom successes.

Understanding Your Rights

It is important to fully understand your rights in a DUI/DWI case and our attorneys will ensure that you are well educated on the process and procedures of your defense. Through aggressive litigation our attorneys will represent you to the best of their abilities and will not rest until you are back on the road.

We Represent All Types of DUI Cases

Whether you are a first time offender, are facing your second or third offense, a felony or aggravated DUI or a DUI related vehicular manslaughter, the attorneys at Sevens Legal Criminal Lawyers will represent you in a court of law. Laws surrounding drinking and driving and blood alcohol concentration (BAC) may vary depending on state, and California has developed a no-tolerance policy towards DUI offenders. In 1990, the 0.08% blood alcohol concentration (BAC) limit was established in the state of California and still stands 24 years later. According to the California Department of Motor Vehicles, it is illegal for any person to operate a vehicle with a:

  • BACof 0.08% or higher, if the person is age 21 or older.
  • BACof 0.01% or higher, if the person is under age 21.
  • BACof 0.01% or higher at any age, if the person is on Driving Under the Influence (DUI) probation.
  • BACof 0.04% or higher, in any vehicle requiring a commercial driver license (CDL)-with or without a CDL issued to the driver.

Besides the crippling cost of DUI/DWI penalties, the suspension or revoking of one’s license can cause immense challenges, especially when a suspension directly impacts the financial wellbeing of your family and your economic livelihood. The skilled attorneys at Sevens Legal can help maintain your license or adjust permissions to allow the continuation of commuting to an essential workplace.

The Law Offices of Sevens Legal Criminal Lawyers, understands DUI cases inside and out, and they are committed to uncovering contradictory evidence, procedural errors, or violations of your rights. We determine the correct defense strategy based on the facts pertaining to your case. Sevens Legal Criminal Lawyers, handles all DUI cases such as:

  • First DUI Offense DUI: Almost 80% of our clients who are first offenders have their cases resolved without a DUI conviction.
  • Underage DUI: Underage juvenile DUI offenders have unique challenges relating to these charges, and respond according to these challenges.
  • Felony DUI: Felony charges involving DUI require immediate attention. These DUI charges include injury or a 4th offense in a 10-year period.
  • DUI and Drugs: If the drugs are prescription drugs or banned (“street drugs”) substances, they carry the same penalty as a DUI involving alcohol.
  • Multiple DUI Charges: These types of charges involve higher penalties depending on the number of times you have been convicted previously for DUI. Many times we can successfully reduce the statutory jail time by seeking treatment options.
  • DUI Resulting in an Accident: This also includes injury and/or death, or property damage. These require an experienced criminal defense attorney. These charges may involve possible time in a state prison, so it’s imperative to hire a skilled and diligent criminal defense attorney.
  • Boating and DUI: Operating a boat while under the influence of drugs or alcohol carry the same negative consequences as driving a vehicle and being intoxicated.
  • DMV DUI Hearing: It is imperative to act promptly in order to protect driving privileges. The hearing must be requested within 10 days of your arrest, otherwise the DMV will automatically suspend your driver’s license.

Beating a DUI charge is never easy, even if you have a strong defense, which is why it’s important to hire an experienced DUI Defense Attorney.

In DUI cases there can be numerous possible police errors, all of which can add up to helping reduce your charges. After reviewing the facts of your DUI case, our attorneys will concentrate on helping seek a dismissal or reduction by preparing a secure case that will cast doubt on any evidence the police may have obtained against you. The criminal defense lawyers at Sevens Legal Criminal Lawyers, believe every defendant deserves a zealous defense. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Accused Bike Thief Just Trying to Help Brotherhttps://www.sevenslegal.com/criminal-attorney/accused-bike-thief-just-trying-to-help-brother/855/Thu, 15 Nov 2018 16:00:14 +0000https://www.sevenslegal.com/criminal-attorney/accused-bike-thief-just-trying-to-help-brother/855/Ryan Joseph Pumar, 26, maintains that he was only trying to help his brother when he was caught with a bike that wasn't his. He's now facing charges for the theft.Ryan Joseph Pumar, 26, maintains that he was only trying to help his brother when he was caught with a bike that wasn’t his. He’s now facing charges for the theft.

Thief Trying to Help Brother by Stealing Bike

According to an eye-witness identified as Julie, she saw Pumar reaching for the door handle of her friend’s apartment when she asked him “Do you live here?”

The incident happened just before sunrise, the morning of September 13.

According to Julie, the man, later identified as Pumar, answered “Yes” and she said “Where?” and he said “Down by the pool.”

Julie said “No you don’t and I know what you’re doing and get out of here.”

Pumar, dressed in black gloves and a baseball hat and a backpack then walked away.

Adam Young, a Carlsbad police officer alleges that later that same morning he was called to a scuffle at a nearby gated community where two men in a truck were attempting to stop a man, allegedly Pumar’s brother Romeo Nigg, who was riding one bike while pushing along a second bike by the handlebars. Nigg was able to escape. There is surveillance video showing Nigg was following Pumar, about 50 yards behind.

Pumar, who was on trial for his involvement in the theft, told Young at the time that he was glad the guy in the truck got his bike back, according to his testimony. Pumar alleges the bike was taken by his brother Romeo Nigg, but that he was trying to help him escape. Pumar maintains that the bike was too nice for his brother to have and that he regretted trying to help his brother by hurrying the bike into the brush, before it was noticed.

The bike owner testified that he got he got his $2,000 bicycle back the same day he reported it stolen.

Judge William Wood noted during his hearing that Pumar was on parole for a prior, strike, robbery conviction at the time of the theft. The judge declined Pumar’s defense’s request to reduce two felony theft charges to misdemeanors. Pumar has ten previous criminal cases, dating back to 2010 when he was 18 years old.

Being Accused of Theft

If you have been arrested and charged with a theft crime, you might be interested to know exactly what this charge means.

Definition of a Theft Crime

A theft crime is a criminal act and is defined as taking the personal property or money of another without their permission. A theft crime can either be charged as a misdemeanor or felony.

Examples of Theft Crimes

Some common theft crimes include:

  • Shoplifting
  • Carjacking
  • Burglary
  • Robbery
  • Armed Robbery
  • Armed Robbery with a weapon
  • Vehicular Theft
  • Embezzlement
  • Larceny
  • Money Laundering
  • Credit Card Fraud
  • Identity Theft

In California the Penal Code Sections 484 and 488 are two sections under which petty theft is handled and prosecuted, depending on the circumstances involved with the charges. Grand Theft versus Petty Theft

Misdemeanor Known as a “Petty” Theft Crime

A misdemeanor theft crime is also known as “petty theft.” A petty theft is when the property or money taken is $400 or less. The punishment for a petty theft crime can include jail time of as much as six months, community service, counseling, significant fines, restitution to the victim or repayment to law enforcement for the cost of the investigation, and/or probation.

The offense of petty theft may also be used to change any future petty theft crimes as a felony, which is called “petty theft with a prior.”

Felony Known as a “Grand” Theft Crime

A felony theft crime is also known as “grand theft.” A grand theft is when the property or money taken is over $400. Punishment for grand theft includes prison time, restitution to the victim and the law enforcement agency, reimbursement for supervision costs, counseling, high court fines, and/or probation or parole.

Theft is the unlawful taking of somebody else’s property without their permission. What defines the difference between grand theft and petty theft is the value, type of property stolen, and method used. California Penal Code Section 487 PC covers grand theft while California Penal Code Sections 484 and 488 both cover petty theft.

Penal Code Section 484 - Petty Theft Violation

Penal Code Section 484 covers general theft violations which has many different degrees of theft. Violating this code is a criminal offense which includes extensive fees, probation, and jail time. To prove this type of theft the prosecutor has to prove not only that the person stole another person’s property, but they also have to prove it was without consent of the owner. The prosecutor must also prove the intent of the defendant was to permanently deprive the owner of the stolen property.

Penal Code Section 488 - Petty Theft Misdemeanor

Under Penal Code 488 petty theft involves the theft of property with a value of less than $950 and is charged as either an infraction or misdemeanor. An example of petty theft of this type is shoplifting. Even though it’s a misdemeanor, it’s still on the accused’s permanent record. The punishment of this type of petty theft includes a fine of up to $1,000, time in county jail of up to six months, or both.

Penal Code Section 487 - Grand Theft

Penal Code 487 covers grand theft. It is also the intentional stealing of another person’s property, but the amount must exceed the state’s statutory amount, which in California is $400. Grand theft also includes taking property by force or fear from another person, such as robbery using a firearm or knife, which could also carry the charge of assault with a deadly weapon.

Whenever somebody is accused of a crime, whether it’s fraud or theft, they have to go through a legal process involving court. The process involves various outcomes which can result in a court trial to determine whether you are guilty or innocent. Before a trial occurs, if it occurs, certain steps must be gone through.

General Process for Theft

Following is a general process courts follow, although some courts may have different names for the steps. Unless your criminal attorney advises you otherwise, you should be present for all these steps.

1. Arraignment. An arraignment is when you formally appear before a judge and told the charges filed against you. During the arraignment you’re asked to enter your plea of guilty, not guilty, or no contest. You can change your plea later.

During the arraignment, the judge outlines any conditions you have to follow to avoid being taken into custody. In order to avoid being taken to jail, you may be required to post a bail or bond until your case is resolved. You have the option to object to any of the conditions the judge sets forth. Its best to have the assistance of a criminal attorney to guide you during this process.

This is where you’ll also get notices of future hearings, including dates for a pre-trial hearing and actual trial.

2. Pre-trial. Pre-trial hearings let the court monitor the case’s progress. During a pre-trial you and the court can resolve any issues that come up while your case is pending. Frequently at this step a case can be “continued” to permit both parties sufficient time to prepare their cases.

3. Motions. Depending on your case type and what determinations the court has already made, various legal motions are able to be brought before the court at this time.

4. Readiness. The “readiness hearing” is when both parties let the court know their “readiness” for trial. This step is scheduled anywhere from several days to several weeks before the beginning of trial. During this step your case can be either continued or resolved.

5. Trial. Although most cases are resolved beforehand, if your case goes to trial you can decide whether you want a trail by jury, where a jury decides your case, or a bench trial, where a judge will decide your case.

If you have been arrested and accused of theft, it’s imperative that you contact a criminal defense attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Fischer Maintains Innocence Following Sexual Allegationshttps://www.sevenslegal.com/blog/fischer-maintains-innocence-following-sexual-allegations/854/Thu, 08 Nov 2018 16:00:54 +0000https://www.sevenslegal.com/blog/fischer-maintains-innocence-following-sexual-allegations/854/Richard Fischer still maintains that he is innocent despite the fact that at least 16 women have stepped forward to accuse him of sexually assaulting them.Richard Fischer still maintains that he is innocent despite the fact that at least 16 women have stepped forward to accuse him of sexually assaulting them. His trial date has been set for February 25 of next year.

Following Allegations of Sexual Assault Fischer Maintains Innocence

“I’m definitely eager to get started. I feel like, right now, the only way to clear my name is through a jury trial. I am definitely looking forward to that,” said Fischer at a recent court appearance.

The first allegation surfaced just a little over a year ago. The 32-year-old deputy has been accused of groping and fondling victims while he was on-duty. He has been ordered to stand trial on one case involving 13 women and a second case involving three more women, including one accusation of sexually assaulting woman in her home.

“These false allegations have turned my client’s life upside down. The allegations are false, they are bogus, they are contrived. He is presumed innocent,” said Manny Medrano, Fischer’s attorney.

Medrano may also motion to move the trial out of San Diego due to all the negative pre-trial publicity.

“That decision is going to be made very shortly and if the judge agrees with me and changes the venue, we could be trying this case in several counties that are immediately adjacent to San Diego County,” Medrano explained.

Fischer’s Work as a Deputy

The deputy served eight years in the United States Marine Corps Reserve and was deployed to Afghanistan. According to Fischer, he has made more than 700 arrests during his time in law enforcement.

“It’s not just a job, it’s a calling,” Fischer said of his work as a sheriff’s deputy. Fischer has always maintained that the charges against him are false.

What is “Sexual Assault”

Sexual assault is defined as any type of sexual contact or behavior that occurs without the explicit consent of a recipient. Included under the term sexual assault are the following: forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape.

What is Rape? Penal Code Section 261 PC

When they hear the term rape, many people create a mental image of an assault committed by means of violent physical force. The reality is, however, that rape is any non-consensual sexual activity, including those accomplished without physical means, using such methods as drugs or guile. Any form of sexual conduct forced on a person against their will through means of violence, menace, duress, fear of injury, or other danger is rape under California law.

There are a number of statutes in California that pertain to rape, all of which are among the most serious of criminal offenses with which an individual can be charged.

The most common type of rape (Penal Code Section 261 PC) is defined as criminal offense that involves nonconsensual sexual intercourse by means of threats, force, or fraud. At its core, this form of rape involves vaginal or anal penetration that includes force by instrumentation on someone, conscious or unconscious, or on any victim unable to consent.

Date Rape

Date rape charges are also filed under Penal Code Section 261 PC. Cases of this nature can sometimes be highly contested between the victim and the accused with the difference between a conviction and an acquittal depending on who the jury believes. The question of if sex took place is often not questioned, but rather was the sex consensual or not? Most of these cases do not involve force or injury to the victim. Often, they are cases of “he said, she said” with the defendant having the greatest stake in the outcome.

Other Forms of Rape:

  • Penal Code 262 PC “Spousal Rape.”
  • Penal Code 261.5 PC “Statutory Rape.”

Other forms of rape warrant their own specific statutes in state law. Examples include:

  • Penal Code 262 PC “Spousal Rape.” Anyone who has intercourse with their spouse without their consent and does so with force or threat, and for sexual pleasure or arousal, is guilty of violating California Penal Code 262.
  • Penal Code 261.5 PC “Statutory Rape.” Anyone who knowingly has intercourse with a minor can be found guilty of Statutory Rape. A minor is defined as anyone under the age of 18.

Penalties for Rape

Rape is one of the most serious criminal charges that a defendant may face. A case may be highly complex because of circumstances that are difficult to explain and understand. The penalties for these offenses are harsh and conviction includes lifetime sex offender registration.

Addressing False Rape Accusations

Sexual assault crimes are taken very seriously by the law. If you have been falsely accused you might assume that the charges will just be dropped because of how ludicrous they are to you. But take this case for example - and the wide-reaching effects that it had on just members of the fraternity associated with the rape allegations. These types of allegations do not just “go away,” and you will need to be prepared if you are falsely accused.

Here are some things you can do:

  1. Do not speak with police or investigators until you have contacted a criminal defense attorney. They might try different tactics to get you to admit to a crime you did not commit. Remember that they are always trying to build a case. Simply state that you will not speak with them unless there is an attorney present.
  2. Get in touch with a qualified and experienced criminal defense attorney. You’ll want to do this as soon as possible, even if you just expect the charges to be dismissed.
  3. Prepare for what the allegations might bring. You will be asked to defend yourself, so you’ll need to be prepared. This means contacting witnesses that can testify or provide an alibi for you. You might also need to take psychological tests, or be asked to provide other evidence. Write down as many details as possible about what you remember.
  4. Study. A criminal defense attorney will be able to guide you through fighting the allegations, but it’s in your best interest to understand the legal process and know your rights.

You will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal Criminal Lawyers.

If You Get Arrested for a Sex Crime

In 1966, the U.S. Supreme Court ruled in Miranda v. Arizona, that individuals arrested because they are believed to have committed a crime are allowed certain rights that must be explained to them. This must happen before any interrogation. It’s important to note that these rights only need to be read when a person has been taken into custody. “Miranda Rights” are meant to protect a suspect from self-incrimination and is protected under the Fifth Amendment of the U.S. Constitution. Those “Miranda Rights” are as follows:

  • You have the right to remain silent and refuse to answer questions.
  • Anything you say may be used against you in a court of law.
  • You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
  • If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
  • If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

Why Work with a Criminal Defense Lawyer?

When faced with serious penalties or spending time in jail or prison, you need to retain a criminal defense lawyer to represent you in court. If you are facing an assault or battery charge, or a theft charge, a criminal defense attorney will investigate your case’s specifics and determine if you were wrongfully charged. They also will be able to identify if there are any other existing reasons for why the case should be dismissed before it goes to trial. If the charges are not dismissed before trial, a criminal attorney may be able negotiate a plea bargain with the prosecutor on your behalf. If a plea bargain cannot be negotiated, a criminal defense attorney will prepare your defense and represent you at trial.

After you have discussed the specifics of your case, your Sevens Legal Criminal Lawyers, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal Criminal Lawyers, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.

Sevens Legal Criminal Lawyers, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal Criminal Lawyers, criminal defense lawyers, call (619) 494-3440. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Halloween DUI is Not Trick or Treathttps://www.sevenslegal.com/criminal-attorney/halloween-dui-trick-treat/415/Tue, 30 Oct 2018 15:00:02 +0000https://www.sevenslegal.com/criminal-attorney/halloween-dui-trick-treat/415/With Halloween right around the corner, its the perfect time to remember that a DUI or driving recklessly can end up with you in jail.With Halloween right around the corner, its the perfect time to remember that driving under the influence (i.e., “DUI”) or driving recklessly can end up with you in jail.

CHP Press Release About Halloween and DUI

Recently the California Highway Patrol released a press release to remind us of the following:

Halloween is often recognized as a holiday that offers just as much fun for adults as it does for children. Youngsters may look forward to a night of trick-or-treating, but many adults choose to partake in the festivities, too - oftentimes with alcohol included. While Halloween may be a spooky night, the California Office of Traffic Safety (OTS) and California Highway Patrol (CHP) want to help ensure that it is also a safe one. If you plan on making alcohol a part of your celebrations this year, designating a sober driver or finding a safe ride home should be a top priority. “Driving under the influence of alcohol or drugs always presents serious, life-threatening risks, but even more so on a night when pedestrians and children are out trick-or-treating,” said OTS Director Rhonda Craft. “By taking just a few extra minutes to designate a sober driver, you will not only avoid the serious risk and costs associated with a DUI, but you will also help protect your own life and the lives of those around you.” According to the National Highway Traffic Safety Administration, between 2009 and 2013, 43 percent of all traffic fatalities on Halloween night involved an impaired driver. In 2013 alone, 26 percent of all pedestrian fatalities on Halloween night involved an impaired driver. “With Halloween falling on a weekend this year, we expect an increase in celebrations,” said CHP Commissioner Joe Farrow. “With a few simple precautions, you should be able to enjoy the fun and get home safely. Drive sober, avoid distractions behind the wheel, and be especially alert around pedestrians.” Whether out trick-or-treating for the night or heading to a party, it is equally important for adults and children to take necessary safety precautions. For those walking door-to-door, consider using light producing or reflective devices to remain visible to cars. Only cross the street at crosswalks or corners and only when it is safe to do so. Costumes should be kept short enough to avoid tripping, and masks should be lifted or removed while on or crossing a street. Drivers need to pay extra attention to pedestrians - especially small children - as they may be unaware of their surroundings and trick-or-treaters can appear out of nowhere. Party hosts need to be ready with non-alcoholic drinks, food, and the responsibility to make sure their guests get home safely.

Charges for DUI - Drunk Driving

Charges for drunk driving ("DUI") are not only serious but also can carry serious consequences at any time, but especially on Halloween when children are trick or treating throughout their neighborhoods. Penalties for DUI vary by case and severity, but following are sentencing guidelines of what you may face if you drink and drive and are then convicted of a DUI.

First Conviction for DUI

For a first conviction for a DUI in California, you would receive:

  • Jail-time of at least 96 hours but not over 6 months.
  • A fine of at least $390 but not over $1,000, including penalties.
  • Suspension of your driver’s license of six months. The court may grant your a temporary restricted license, however it can’t be reinstated until you provide proof of the completion of a “driving under the influence” state-approved program, and also showing financial responsibility.
  • Based on the circumstances of your DUI, being a first time offender you may also be required by the court to install an Ignition Interlock Device, which will be installed at your expense.

For a second conviction for a California DUI you would receive:

  • Jail-time of at lease 90 days but not more than 1 year.
  • A fine of at least $390 but not over $1,000, including penalties.
  • Suspension of your driver’s license of 1 year. Your license cannot be reinstated until you have provided proof of financial responsibility and proof of completion of a state-approved “driving under the influence” program.
  • Based on the circumstances of your DUI, being a first time offender you may also be required by the court to install an Ignition Interlock Device, which will be installed at your expense.

For a third California conviction for DUI you would receive:

  • Jail-time of at least 120 days but not more than 1 year.
  • A fine of at least $390 but not over $1,000, including penalties.
  • The state will consider you an “habitual traffic offender” for 3 years after you’ve been convicted.
  • Suspension for 2 years of your driver’s license. Your license cannot be reinstated until you have provided proof of financial responsibility and proof of completion of a state-approved “driving under the influence” program.
  • You may be able to apply to the court for a restricted driver’s license, but you may be required to install an Ignition Interlock Device, which will be installed at your expense.

For a fourth California conviction for DUI you would receive:

  • Jail-time which may include both jail and prison or at least 180 days but not than 1 year.
  • A fine of at least $390 but not over $1,000, including penalties.
  • The state will consider you an “habitual traffic offender” for 3 years after you’ve been convicted.
  • Suspension for 3 years of your driver’s license. Your license cannot be reinstated until you have provided proof of financial responsibility and proof of completion of a state-approved “driving under the influence” program.
  • You may be able to apply to the court for a restricted driver’s license, but you may be required to install an Ignition Interlock Device, which will be installed at your expense.

When you are arrested and then convicted in California of a DUI, typically a judge will apply guidelines that determine the minimum and maximum sentencing. A judge will also take into consideration the specifics of any previous convictions you may have for DUI.

Illegal Things to Consider When Driving in California

When driving in California, you should be aware of the fact that the following points are illegal:

  • Drivers under the age of 21 are prohibited from transporting or carrying unsealed wine, liquor, or beer, in their vehicle if they are driving alone. Exceptions are if it is work-related.
  • Drivers under the age of 21 are prohibited from driving with a blood alcohol concentration (“BAC”) of 0.01 or higher.
  • Drivers under the are of 21 are prohibited from consuming any form of alcohol, including prescription drugs or cough syrup.
  • Any driver or any age is prohibited from driving with a BAC of 0.08 or higher. A BAC of 0.08 is the standard measurement all states use in order to establish whether a driver is impaired.
  • The driver of any vehicle requiring a commercial driver’s license is prohibited from driving with a BAC of 0.04 or higher.
  • A driver under the age of 18 is prohibited from driving with ANY measurable BAC.
  • Repeat offenders are prohibited from driving with a BAC of 0.01 or higher.

Although these laws are specific to California, the same DUI laws are similar in states throughout the United States.

If you are arrested and face a conviction for DUI, you need to work with a criminal defense lawyer such as Sevens Legal Criminal Lawyers. Once you have discussed the specifics of your cast with a Sevens Legal Criminal Lawyers, attorney they will let you know about your case’s strengths and weaknesses, as well as the punishment you may face and your risk of conviction. Your defense attorney will also be able to discuss any plea deal as well as whether it would be best to move forward to a trial, taking into consideration your best interests.

The criminal defense attorneys at Sevens Legal Criminal Lawyers, believe every client has a right to the best defense possible. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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How Bail and Bail Bonds Workhttps://www.sevenslegal.com/criminal-attorney/bail-bail-bonds-work/418/Thu, 25 Oct 2018 15:00:09 +0000https://www.sevenslegal.com/criminal-attorney/bail-bail-bonds-work/418/While you might imagine standing before a judge who is banging their gavel and announcing 'Bail is set at 1 million,' bail bonds don't quite work this way.Chances are you will have to get a bail bond to get out of jail if you or your loved one has been arrested for any type of serious crime. While you might imagine standing before a judge who is banging their gavel and announcing “Bail is set at 1 million,” bail bonds don’t quite work this way. You may have also seen television commercials about bail bonds, but unless you’ve directly dealt with the issue of posting bail, you may find that you need a brush up on your knowledge about bail bonds.

The Meaning of “Bail”


Bail constitutes an agreement between you, the defendant, and the court. As the defendant, you agree to post a specific amount of money in exchange for the assurance that you’ll return to court for your scheduled court date. Upon appearing in court as scheduled, and as stated in the bail bond agreement, you get your money back.

As an example, if the court sets bail at $15,000, this means you can pay $15,000 to the court in order to be released from jail. Once you return to court on your specified date, you’re able to get your money back. You’ll get your money back even if you’ve been convicted at your trial. However, you don’t show up for even one of your court dates, you will immediately forfeit your $15,000 and a warrant for your arrest will be issued. If you can’t pay the bail the court has set, you won’t be able to get released from jail. Therefore, you will have to remain in jail until the date the court has set for your trial.

Not being able to post your bail can be a difficult and stressful situation. It means you may have to remain in jail for months between the time of your arrest and the beginning of your trial. Because of this, posting bail usually becomes your first priority after being arrested. Therefore, this is the reason people turn to bail bonds as a means to be released from jail.

How Bail is Determined and Set

Once you’ve been arrested, you’re immediately booked to jail. Once in jail, all your vital information, such as name and personal information, as well as your photo and fingerprints are recorded in the police department’s computer and database. Also, all your personal items are impound. After being booked, you’ll be given a sobriety test. This may be a second sobriety test if you’ve been arrested due to failing the first sobriety test. After this, you’ll be permitted to make one phone call, after which you’ll be put into a jail cell. After this your hearing will be scheduled, where the judge will decide what the amount of your bail will be. This usually happens within 48 hours after your arrest.

Normally the majority of jurisdictions use a schedule for bail to decide the bail amount that should be set. The Superior Court of Los Angeles County sets a bail of $20,000 if a person has been arrested for a felony. The maximum sentence possible for for a felony is 3 years in jail. However, the judge hearing the case has considerable leeway when they decide to set bail. Frequently they will also take external circumstances into consideration when setting bail.

As an example, if this was your first offense, you are currently employed, and have a family in the area, the judge may decide to reduce your bail amount below the required amount. The judge may even decide to completely discard it.

Another example would be if you have multiple offenses on your record and the judge thinks you might be a flight risk. In this instance, the judge’s decision might be to increase your bail or even revoke your ability and permission to post bail.

Some jurisdictions may assign your bail as soon as you’re booked and not wait for an initial hearing. This typically happens only in low level offenses. A police officer will advise you whether you will be able to immediately post bail of if you will be permitted to use a credit card to pay your bail amount.

How Bail Bonds Work

Bail bonds are similar to personal loans. After putting down a small percentage for the total amount, a bail bondsman or agent, gives you the rest of the money needed for your bail. Like a loan officer, this bail bondsman or agent is similar to the lender of a personal loan.

As an example, if your bail is $15,000, you or a family member would be required to make a deposit of $2,000. The bail bondsman or agent would then give you the $15,000 bail needed for you to “post bail.” Most bail bond companies also will require you to provide them with some type of collateral in order to get the remaining money needed for your bail bond. Collateral is usually a deed to your house, item of jewelry, or car. This collateral is used in order to secure the bail bonds’ loan in case you don’t show up at your appointed court date, in which case you would not get your money back. After your trial is over, and you receive your money back from the court, the money is returned to bail bond company you received your bail from.

Due to the fact that this is a financial risk the bail bondsman and bail bond company take because of this loan, they will often take additional precautions to make sure you attend all of your court dates. The bail bondsman wants to make sure his or her company receives back all the bail money it loaned you. As a result of these precautions, bail bond companies will frequently do the following:

  • Prefer a relative or friend put up the necessary collateral for your bond. This is because you will then be less likely to miss a court date since your relative’s or friend’s house or property is on the line in for your bail bond.
  • Call you before each court date in order to remind your about your upcoming trial.
  • Require you to make periodic check-ins at their bail bond office to make sure you haven’t left town.

Like most defendants, you will probably agree that these precautions are a small prices to pay in order to be able to stay out of jail while waiting for a trial date or during your trial.

Bail Bonds and Their Various Types

Some of the different bail bonds that are available include:

  • Surety Bond: This type of bail bond is secured by an insurance company. It’s common for bail bondsmen to work with insurance companies in order to provide financial backing for their bonds.
  • Property Bond: If you own property (i.e., a house), the bail bondsman may be able to use this as collateral instead of putting down cash. With this type of bond the court places a lien on your property and can sell it if you do not appear for your court date(s).
  • Release on Own Recognizance: Sometimes a judge will agree to release you without setting any bail amount. This normally happens only if you are accused of a low level crime and the judge doesn’t consider you to be a flight risk.
  • Cite Out: This would be if you are caught doing something illegal and the officer then decides to issue a citation to appear in court instead of booking you into jail.
  • Immigration Bond: If you are detained by Immigration and Customs Enforcement (ICE), an immigration bond will permit you to be released from jail until your hearing is completed.

Bail and Bounty Hunters

If you decide to flee or skip your trial and a bail bondsman is not able to reach you, chances are they will then hire a person called a “bounty hunter” in order to track you down and then return you to custody.

How to Secure a Bail Bond

If your bail amount is set higher than you or your family member or friend can afford, you will need to secure a bail bond as soon as possible. However, there are still important considerations and questions you need to take into consideration.

A bail bondsman will want to make sure they’re getting the most for their money. To do this they will charge a bail bond bond premium fee that is usually 10-20% of your bail bond amount. This fee is normally not refundable. This means that even if you show up for all your court dates and receive your bail money back, you will never get that 10-20% of your money back. Therefore, it would be wise to look for a bail bondsman that would require a lower premium.

Also, you will also want to take into consideration if there is an initiation or application fee in addition to the premium.

In addition to bail bond feeds, there are also court and attorney fees you need to take into consideration.

If you have been arrested and accused of a crime, you needs to acquire and work with a criminal defense attorney such as Sevens Legal Criminal Lawyers. Once you have discussed the specifics of the allegations against you with your attorney, they will inform you of the strengths and weaknesses pertaining to your case, as well as any risk of conviction and punishment you may be facing. A criminal defense attorney such as Sevens Legal Criminal Lawyers, can also negotiate a plea deal as well as decide to move forward with trial, while working constantly to make sure your best interests are served.

At Sevens Legal Criminal Lawyers, every defendant has a right to our zealous defense. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

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Is Eyewitness Testimony Really the Gold Standard?https://www.sevenslegal.com/criminal-attorney/eyewitness-testimony-gold-standard/311/Thu, 18 Oct 2018 15:00:56 +0000https://www.sevenslegal.com/criminal-attorney/eyewitness-testimony-gold-standard/311/Most people think eyewitness testimony is the 'Gold Standard' when it comes to event details and documenting facts about a case.Most people think eyewitness testimony is the “Gold Standard” when it comes to putting together the event details when it comes to documenting facts about a case. This idea becomes questionable when the various eyewitnesses to a crime report substantially different details as to what they saw about the same event. Obvious details such as height, weight, hair and eye color, gender, and what the person was wearing can vary substantially. It is especially astounding when these same eyewitnesses then change the details of their testimony to another questioner.  

Is Eyewitness Testimony Really Reliable?

Unfortunately, the American judicial process is founded on the reliability of eyewitnesses, especially when it’s in a trial setting. Eyewitness testimony is imperative in a jury trial, where the jury must decide the credibility of the issues and make judgements based on the testimony of witnesses. The system assumes the testimony of eyewitnesses is reliable unless it becomes tainted by official actions, such as a judge instructing jurors to disregard certain testimony. Even when the testimony stands, jurors tend to assume it is reliable because it is the first-hand account of details provided by an eyewitness to the actual crime.

Because the judicial system relies on factual truth, it is a crime to commit perjury. Committing perjury, or lying under oath, subverts a trials integrity and taints the judicial system’s legitimacy. The definition of perjury is knowing a statement is false and making the false statement while under oath. Misremembering, however, is not considered a crime. When it comes to a jury trial, misremembered testimony is basically the same thing as perjured testimony at the time the verdict is read.

Eyewitness Memory is Not Like a Cell Phone Video

Memory doesn’t work the way we think it does. We believe that certain events are permanently burned into our memory, and in our minds we can “see” perfectly exactly what happened. While we may think our memory is like a cell phone video, perfectly recording events and then playing them back on cue, exactly the way they happened, studies have shown this is far from the way memory really works.

Psychologists have discovered memories are reconstructed each time instead of played back exactly the way we think they occurred. According to Elizabeth F. Loftus, eminent memory researcher and psychologist at University of California, Irvine, memory is “more akin to putting puzzle pieces together than retrieving a video recording.” Even the act of questioning by an attorney can alter a witness’s testimony by introducting memory fragments that may unknowingly be combined when provided by suggestions by a questioner, thus leading to the witness recalling inaccurate details.

Years of research has shown that memory is neither fixed nor precise. Even knowing this, we still are hesitant to distrust an eyewitness if they appear to be sincere. While you may think that moments of extreme stress would focus the mind and sharpen it’s recall ability, the opposite is actually true. In reality, when an incident involves violence and stress as well as a weapon, the memory of events is actually weakened.

Where a difference in race is involved between witness and suspect, identification is also impaired. The confusion of seeing a person in once place and then seeing them in another is quite common. Identification can also be difficult depending on the length of time a witness is in contact with the suspect. Such factors as a delay between an incident and attempting to identify the suspect, information after the event, and feedback from other witnesses as well as the police, also impair identification.

Eyewitnesses in the Ferguson National Story

For people who watched the Ferguson case from the first interviews to the release of proceedings from the grand jury, the variability of eyewitness stories are both familiar as well as unnerving. Even if a witness’ recollection of incidents was physically impossible, some of them still stuck with their stories. One witness even claimed they had specific knowledge of the events, although they had taken shelter behind a dumpster during the time of the incident. Other “credible” witness gave one account of the events to the police, then modified the accounts they presented to the grand jury. Some witnesses even changed their grand jury testimony so it would conform with various videos they later watched of the shooting.

At the end, the Grand Jury panel, which consisted of nine white members and three black members, heard 70 hours worth of testimony from 60 witnesses and three medical examiners. They decided not to indict Officer Darren Wilson in the case of Michael Brown’s death. After their decision was announced, the St. Louis County Prosecuting Attorney’s Office did something that rarely, if ever, happens. They released the transcripts from the proceedings, giving observers a rare glimpse into the grand jury’s closed-door hearing.

The prosecutor may have been motivated to release this information by a desire to demonstrate transparency due to the volatile and highly political nature of the case. By doing this it exposed the redacted police statements as well as contradictory autopsy reports to public scrutiny. The most telling part of the released information were the conflicting accounts of eyewitnesses, which only added an even murkier picture about what happened.

The result of this release was that the eyewitness testimony only added to the existing confusion rather than shedding light on what actually occurred during the shooting.

Eyewitness Testimony and Visual Identification

One common type of eyewitness testimony is just visual. It involves the same type of memory as verbal accounts. The eyewitness picks the alleged suspect either out of a police lineup, from a police sketch, or other compositing method for facial recognitin. After picked a suspect, they are then asked for a formal statement to confirm the identity and attempt to remember other details about the events relating to the crime.

At the actual trial, which may take place years after the event, the eyewitness must then testify in court. Unfortunately, suspects with an unusual visual presence tends to make them higher risk when it comes to being falsely identified by eyewitnesses.

Factors That Affect Eyewitness Evidence

After doing a detailed study of the various factors affecting eyewitness testimony, the New Jersey Supreme Court divided them into two category. The first are things that the criminal justice system can control, and the second are things that are beyond the criminal justice system’s control.

The predominant things that the criminal justice system can control is the physical or photographic lineup. Studies indicate that 25% of the time eyewitnesses will pick the wrong suspect in this type of lineup. If the suspect is left out of the lineup, then 33% of the time the eyewitness will pick an innocent person. This occurs even if the eyewitness is told that the suspect is not in the lineup.

Many misidentifications are the result of lineups. However, there are some steps law enforcement agencies can use to minimize these errors. The absense of these can raise red flags for litigants.

1. Lineups should be blind or double-blind. This means the officer in charge of the lineup doesn’t know who the suspect might be. This eliminates the officer from making any unintentional suggestion. In fact, the officer in charge should emphasize to the eyewitness that the suspect may not be in the lineup. The officer should also emphasize to the eyewitness that they should not feel obligated or pressured to pick somebody.

2. Lineups should be arranged so any suspect doesn’t stand out from the rest. Any photos should use similar lighting. Headshots should be the same size. If there are too many photos, errors in selection tends to be increased. The optimal number of photos is generally six.

3. If there are more than two suspects, they should not be included in the same lineup. Multiple viewings of the same suspect should not occur.

4. The police should avoid any post-identification confirmation or feedback, which could give the eyewitness a false sense of confidence that they picked the correct suspect. If the eyewitness is told they did a “good job” in selecting a specific face or person, even if the one they picked was the wrong one, they will be more likely to repeat the misidentification in a trial setting. Similrly, multiple witnesses to the same event should be informed that they should not discuss their identification procedure with other eyewitnesses.

5. “Show-up” identifications are when police show only one suspect for identification. These are highly suggestive, although sometimes they are necessary. The accuracy for these types of identification quickly diminishes after an event. Because of this, these types of “show-up” identifications should occur within two hours following the event.

Eyewitness Variables and the Criminal Justice System

Some variables which may often end up the deciding factor in a case, are beyond the criminal justice system’s control. These variables are ones that can affect a person’s ability to perceive and recall events.

At the time of an event if a person undergoes high psychological stress, they’re less likely to later be able to make a reliable identification. Studies of eyewitnesses, including a controlled study involving military personnel, consistently shows high stress impairs identification and recall.

If a weapon was used, it can cause the attention of the eyewitness to be diverted away from the suspect, which then leads to a poor description and later misidentification. This is especially true if the event doesn’t last very long. Known as “weapon focus,” it’s been shown that id decreases the accuracy of the identification by approximately 10%.

Other uncontrollable factors which can influence an eyewitness’ perception includes distance, lighting, and the amount of time the eyewitness was able to view the suspect. Other important aspects include the characteristics or age, race bias, and any level of intoxication of the eyewitness. Even simple things like wearing a hat or having specific types of facial hair can also affect identifications.

The decay of memory is both inevitable and irreversible, and as more time passes between event and identification, the more likely the eyewitness will misidentify or fail to recall the identifying aspects of the suspect. This is especially true if a trial lasts for weeks and months at a time, and even decades. The criminal justice system can minimize this problem by arranging for ientifications as soon as possible after the occurrence of the event.

Rethinking Eyewitness Testimony and Its Value

Based on scientific evidence and practical experience, it’s increasingly apparent that judicial system and American public needs to rethink the value of visual identifications and eyewitness testimony. However, totally dismissing them would also discard the valuable information they can still provide in many situations.

Judges, juries, and the general public must recognize that eyewitness accounts have limits and we need to take this into account. Recent calls for body cameras on police appears to be an attempt to have a more reliable source for eyewitness accounts. However, the bottom line is that even this technology must be interpreted by a person. The human variable has always been and always will be the determining factor no matter what technology or methodology is used in order to deal with problems where eyewitness evidence is involved.

Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

]]>
Hit and Runhttps://www.sevenslegal.com/blog/p506/506/Thu, 11 Oct 2018 15:00:22 +0000https://www.sevenslegal.com/blog/p506/506/Being involved in a hit and run accident is a very serious situation.Being involved in a hit and run accident is a very serious situation. You need to recognize that if you are involved in an accident that causes either injury to a person or property damage (including car damage, or other physical property), and you leave the scene of the accident you run the risk of being charged with a hit and run offense.

Types of Hit and Run in California

In California, there are two general types of hit-and-run crimes:

1. Vehicle Code 20001 applies to vehicle accidents involving injury or death; and

2. Vehicle Code 20002 applies to accidents involving only damage to property.

San Diego Hit and Run

There are some considerations that need to be taken into account if you have been involved in a hit and run, regardless of what side of the incident you are on.

You Could Be Charged for Hit and Run

Even if the accident was not your fault, if you decide to leave the scene of an accident without providing contact information to the other driver, you can be charged with a hit and run. You are always legally required to stop if you are in an accident and provide contact information to the other driver before you leave the scene.

Potential Felony for Hit and Run

Vehicle Code 20001 is applicable even if the only person injured in the accident was the passenger in your car. This means that felony charges can be brought if you leave the scene of the accident without providing information to the other driver.

Leaving To Seek Necessary Medical Attention For Yourself Or Someone Else

If you left the scene of the crime to seek necessary medical attention for yourself or someone else prior to providing information to the other driver involved in the accident, you may be justified in leaving the scene. You will need to prove that this was the case though, which can be very difficult to prove.

Misdemeanor Hit And Run

Vehicle Code 20002 applies accidents involving any kind of property damage. “Property” is inclusive of not just damage to another vehicle, but also damage to any type of property, including: fences, signs, mailboxes, and even people’s pets.

Resolve Misdemeanor Hit And Run Case With A Civil Compromise

Under Penal Code 1377, certain misdemeanor offenses, such as hit and run accidents involving property damage, can be resolved with a civil settlement instead of criminal punishment. In this instance, the other driver would need to agree to a civil settlement. This can often mean less harsh punishments instead of probation or jail time.

If you have been charged with hit-and-run you will want to work with a criminal defense lawyer that is skilled in defending these types of cases.

Being Charged with Hit and Run

If you are involved in an accident that causes injury or property damage, and you decide to leave the scene of the accident without first providing your contact information to the other driver or property owner involved in the accident, you could be charged with a hit & run offense.

Under statutes VC 20001 & VC 20002, any driver involved in an accident must immediately provide his or her name and current residence to the other driver involved in the accident.

Penalties for Hit and Run

For hit and run accidents involving injury, penalties range from fines between $1000 and $10,000 and incarceration in state prison for a period of up to four years.

For hit and run accidents involving only damage, penalties range from a fine of up to $1000 and up to six months incarceration in county jail.

Accused of Hit and Run

Chances are if you are accused if a hit and run, you will be interrogated by the police. You’ll want to understand what rights you are afforded.

Miranda Rights and Police

In 1966, the U.S. Supreme Court ruled in Miranda v. Arizona, that individuals arrested because they are believed to have committed a crime are allowed certain rights that must be explained to them. This must happen before any interrogation. It’s important to note that these rights only need to be read when a person has been taken into custody. “Miranda Rights” are meant to protect a suspect from self-incrimination and is protected under the Fifth Amendment of the U.S. Constitution.

Those “Miranda Rights” are as follows:

  • You have the right to remain silent and refuse to answer questions.
  • Anything you say may be used against you in a court of law.
  • You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
  • If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
  • If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney.
  • Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

Interrogations by Police

Regardless of if you are informally interrogated by a police officer (such as during a pullover for a traffic violation) or formally interrogated for a crime, remember that there are specific laws that protect you. An officer will use any number of tactics to get a confession from you, regardless of you are guilty or not. It has been shown in clinical research that these tactics are effective in getting confessions from people who are later exonerated by DNA, and thus have always been innocent.

There are two key things to remember if you are being interrogated:

Interrogations are set up and conducted to produce confessions - even from the innocent The best way to protect yourself is to remain quiet about anything. Do not make a statement without first talking to a criminal defense attorney. The best way to not incriminate yourself is to not say anything at all.

If You End Up In Jail for a Crime Such as a Property Crime

If you are detained in jail, remember there are still ways to incriminate yourself. There are some general guidelines you should follow, including the following:

  • Do not discuss anything over the phone. This is often recorded and can be overheard.
  • Do not discuss with fellow in-mates. Remember that anyone in jail is looking for a way out. That could include providing information about you in order to improve their position with the state.
  • Do not make statements or answer questions without an attorney present.
  • Never waive your rights to something without first speaking with an attorney.
  • Know how to be steadfast with your requirement that an attorney be present during any interrogation or questioning.

Jail and Bond

Unless you are dealing with a minor charge, your bond will probably not be set until you appear before a judge during an arraignment. An arraignment is the first part of courtroom-based proceedings. This is what happens during an arraignment:

  • The person charged goes before a criminal court judge
  • The judge reads the charges against the person
  • The judge asks the person if he or she has an attorney or if they need the assistance of a court-appointed attorney
  • The judge asks the person if they will plead “guilty,” “not guilty,” or “no contest.”
  • The judge sets a bail amount, if necessary
  • The judge announces the date of the future proceedings, such as a preliminary hearing, pre-trial motion, or trial.

During an arraignment, you want to make sure you have the best possible outcome from your case. Ensure that you understand everything that you are being charged with. Make sure you have received counsel.

Working with a Criminal Defense Attorney

Criminal charges can be complex, requiring much gathering of evidence and information. It’s highly advised that you work with an experience criminal defense attorney that will be able to advise you on the best defense.

If you or loved ones is accused or charged with any type of crime call us. Let us support and help you during this tough time. Our firm award winning attorneys provides hope and peace of mind. The Sevens Legal Criminal Lawyers office is located in both San Diego and Escondido. We have time and time again helped Southern California residents get their cases dismissed or penalties reduced.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

]]>
Suspect Caught in Connection to Celebrity Home Burglarieshttps://www.sevenslegal.com/criminal-attorney/suspect-caught-in-connection-to-celebrity-home-burglaries/851/Thu, 04 Oct 2018 15:00:03 +0000https://www.sevenslegal.com/criminal-attorney/suspect-caught-in-connection-to-celebrity-home-burglaries/851/19-year old Tyress Williams has been arrested by Los Angeles police on suspicion of burglaries and theft of the homes of numerous celebrity homes.19-year old Tyress Williams has been arrested by Los Angeles police on suspicion of burglaries and theft of the homes of numerous celebrity homes.

Celebrity Home Burglaries Suspect Caught

According to police, Williams was detained and a search of his car turned up stolen items from the home of Rams receiver Robert Woods, Rihanna, and Yasiel Puig. He was arrested and formally booked on suspicion of residential burglary.

Anytime Can Be a Season of Crime

The most common crimes that occur are the following:

  • Identity theft
  • Shoplifting
  • Robbery
  • Drunk Driving
  • Vehicle theft
  • Rape and sexual assault
  • Home burglary
  • Counterfeiting
  • Scams such as phony sweepstakes or charity
  • Domestic Violence

If you’ve been accused of any of the above, you’ll want to work with a committed and dedicated criminal lawyer that can walk you through the steps of the criminal trial process.

Steps of a Criminal Trial

During a criminal trial a jury examines the evidence presented by the defense and prosecution to decide whether, “beyond a reasonable doubt,” a defendant committed a crime. A fair trial allows for the government and the defendant to argue their sides of the case. And a fair trial starts with the selection of a fair jury.

Criminal Trial Phases

A criminal trial typically consists of six following phases:

  • Choosing a Jury
  • Opening Statements
  • Witness Testimony and Cross-Examination
  • Closing Arguments
  • Jury Instruction
  • Jury Deliberation and Announcement of Verdict

Today we will focus on the first phase, that of selecting a jury.

Choosing a Trial Jury

The first step then of a criminal trial is to select the jury. During jury selection, the judge, the prosecutor (representing the government), and the defendant (through his or her respective attorney) will screen potential jurors from a pool of jurors.

During the jury selection process, the judge, prosecution, and defense team will ask potential jurors about any ideological predispositions or life experiences that may interfere with being able to remain unbiased during the case hearing. After questioning a jury is selected.

While jury duty might be a burden and might feel like a waste of time, for a defendant, the selection of a fair juror can mean the difference between a life sentence or freedom.

Fair Jurors for a Trial

The role of a juror is an important one. They alone can decide the future of the defendant on trial. A juror must hear the evidence presented during the trial, deliberate, and decide if the defendant is guilty or not guilty of the charged crimes. Because of this, an unbiased jury must be assembled.

The criminal court system has a system in place that allows for certain rights of a defendant during the juror selection process. This means that a defendant (through his or her attorney) is able to dismiss unfair potential jurors from the jury. The same rights are given to the judge and prosecution team. These rules allow for a fair jury to be selected by all parties that are involved in the case.

The goal of the juror selection process is to put together a jury that will only take into account the evidence presented during the trial so that, during juror deliberation, a fair decision will be made.

Trial Jury Pool Representative of the Community

To pick a fair jury, attorneys will need to have options for jurors. The jury pool (also known as a venire) is the collection of potential jurors assembled from the community. This jury pool is usually chosen via voter-registration lists. Once a person has registered to vote, they are also entered into a list that they can be “summoned” from for jury duty.

This jury pool is composed of a cross-section of the community that cannot intentionally exclude groups and cannot be based on race, gender, or religion. Examples of distinct community groups include:

  • African-Americans
  • Hispanics
  • Asian-Americans
  • Native Americans
  • Women

A jury pool will be selected randomly from all of these community groups. While it must not be an exact match of the community, it must representative of the community.

Voir Dire Questioning Potential Trial Jurors

Once a jury pool is formed the potential jurors are summoned to the courthouse on a particular day and time. The jury pool will wait in a room until they are called to a courtroom. Once in the courtroom, the jury selection process begins with questioning. This process of questioning potential to determine any potential biases is called “voir dire.”

Challenging a Juror for a Trial

During voir dire, the prosecution and defense will interview potential jurors to determine if there are biases that would prevent a juror from being impartial when it comes to deciding on a verdict. If an attorney, either for the prosecution or the defense, chooses to excuse a potential juror, he or she must use a “challenge,” which is a request to disqualify an individual from the jury.

A challenge for cause is when a request to dismiss a potential juror is based on a specific and stated reason. Typically this reason is because it’s been identified by the prosecution or defense that the potential juror has a potential or actual bias. Examples of reasons to challenge for cause include the following:

  • Exposure to negative pretrial publicity
  • Connection to law enforcement or the defendant
  • Victim in a similar case
  • Accidental exposure to the defendant while he was in custody
  • Attorneys usually are given unlimited challenges for cause. A court may also choose to dismiss a potential juror for cause without a challenge from an attorney.
  • Jurors can also be dismissed without stating a reason as part of a peremptory challenge. This challenge is usually based on an attorney’s experience and gut feeling when it comes to choosing a juror. There are typically limited amounts of peremptory challenges that an attorney is able to use during jury selection.
  • Potential jurors are not allowed to be dismissed due to a particular characteristic, such as race, ethnicity, and gender. This rule does not apply to challenges based on age or on mental and physical disabilities.

Alternate Trial Jurors

Once a jury is selected, alternate jurors are selected in case a regular juror needs to be replaced because of inability to perform jury duty. Alternate jurors are questioned and selected in the same manner as the regular jurors.

Input From Defendant

In terms of the defense’s side, a criminal defense attorney will make the ultimate decision about selecting jurors. But these decisions are not made without the defendant’s input.

Your criminal defense attorney will handle all of the questioning during the voir dire process because a defendant is not allowed to address the potential jurors. The only exception to this law is if the defendant is representing himself or herself. It is never advised that a defendant represents himself or herself, and if you have been accused of a crime, you should immediately contact a criminal defense attorney.

If You Are Detained

If you are detained in jail, remember there are still ways to incriminate yourself. There are some general guidelines you should follow, including the following:

  • Do not discuss anything over the phone. This is often recorded and can be overheard.
  • Do not discuss with fellow in-mates. Remember that anyone in jail is looking for a way out. That could include providing information about you in order to improve their position with the state.
  • Do not make statements or answer questions without an attorney present.
  • Never waive your rights to something without first speaking with an attorney.
  • Know how to be steadfast with your requirement that an attorney be present during any interrogation or questioning.

Working with a Criminal Defense Attorney

Criminal charges can be complex, requiring much gathering of evidence and information. It’s highly advised that you work with an experience criminal defense attorney that will be able to advise you on the best defense. If you have been arrested and accused of a crime, you need to acquire and work with a criminal defense attorney such as Sevens Legal Criminal Lawyers. Once you have discussed the specifics of the allegations against you with your attorney, they will inform you of the strengths and weaknesses pertaining to your case, as well as any risk of conviction and punishment you may be facing.

A criminal defense attorney such as Sevens Legal Criminal Lawyers, can also negotiate a plea deal as well as decide to move forward with trial, while working constantly to make sure your best interests are served. At Sevens Legal Criminal Lawyers, every defendant has a right to our zealous defense. Contact Sevens Legal Criminal Lawyers, today for a free consultation. Our firm award winning attorneys provides hope and peace of mind. The Sevens Legal Criminal Lawyers office is located in both San Diego and Escondido. We have time and time again helped Southern California residents get their cases dismissed or penalties reduced. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

]]>
Reality TV Star and Surgeon Accused of Sex Crimehttps://www.sevenslegal.com/blog/reality-tv-star-and-surgeon-accused-of-sex-crime/849/Thu, 27 Sep 2018 15:00:08 +0000https://www.sevenslegal.com/blog/reality-tv-star-and-surgeon-accused-of-sex-crime/849/A Former Bravo reality TV star and his girlfriend have been charged with multiple counts of a sex crimeA Former Bravo reality TV star and his girlfriend have been charged with multiple counts of a sex crime. The women who have stepped forward so far allege the attractive couple got them drunk and lured them back to the surgeon’s apartment before making sexual advances.

Reality Star Robicheaux and Surgeon Riley Accused of Sex Crime

California orthopedic surgeon Grant William Robicheaux, 38, appeared on the Bravo television show “Online Dating Rituals of the American Male” four years ago. He is now facing claims that he sexually assaulted numerous women with the help of his girlfriend, 31-year-old Cerissa Laura Riley.

Multiple women, from Southern California, Nevada, and New York, have stepped forward to accuse the couple. District Attorney Tony Rackauckas fears there may be more victims, adding that the couple videotaped hundreds – if not thousands – of sexual encounters with women.

Accusations

The first victim, 32, alleges she met the couple at a Newport Beach restaurant in April 2016, where they brought the woman back to the apartment “once she was intoxicated.”

“The defendants are accused of supplying multiple drugs to the victim, then raping and orally copulating her while she was prevented from resisting due to intoxicating and controlled substances and they should have reasonably known of her condition,” according to the district attorney’s office.

The woman contacted police the day after.

The second case happened six months later, in October 2016.

The couple met the second victim at a Newport Beach bar, where they drank with her until she was unconscious.

Prosecutors allege the couple took the victim to Robicheaux’s apartment, where they sexually assaulted her “with intent to commit rape.” According to officials, the woman was able to scream for help which prompted a neighbor to contact police.

More Victims

“We believe the defendants used their good looks and charms to lower the inhibitions of their potential prey,” Rackauckas said. “We’ve all heard of a wolf in sheep’s clothing. Well, a wolf can wear scrubs or doctor’s clothing. Or a wolf can be a beautiful woman.”

Charges

Robicheaux and Riley have been charged with rape by use of drugs, oral copulation by anesthesia or controlled substance, and assault with intent to commit sexual offense, possession of a controlled substance for sale, and Robicheaux faces an additional charge of possessing an assault weapon.

If found guilty, Robicheaux could serve up to 40 years in prison, while Riley faces just over 30 years.

They are due back in court on Oct. 25.

What is “Sexual Assault”

Sexual assault is defined as any type of sexual contact or behavior that occurs without the explicit consent of a recipient. Included under the term sexual assault are the following: forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape.

What is Rape? Penal Code Section 261 PC

When they hear the term rape, many people create a mental image of an assault committed by means of violent physical force. The reality is, however, that rape is any non-consensual sexual activity, including those accomplished without physical means, using such methods as drugs or guile. Any form of sexual conduct forced on a person against their will through means of violence, menace, duress, fear of injury, or other danger is rape under California law.

There are a number of statutes in California that pertain to rape, all of which are among the most serious of criminal offenses with which an individual can be charged.

The most common type of rape (Penal Code Section 261 PC) is defined as criminal offense that involves nonconsensual sexual intercourse by means of threats, force, or fraud. At its core, this form of rape involves vaginal or anal penetration that includes force by instrumentation on someone, conscious or unconscious, or on any victim unable to consent.

Date Rape

Date rape charges are also filed under Penal Code Section 261 PC. Cases of this nature can sometimes be highly contested between the victim and the accused with the difference between a conviction and an acquittal depending on who the jury believes. The question of if sex took place is often not questioned, but rather was the sex consensual or not? Most of these cases do not involve force or injury to the victim. Often, they are cases of “he said, she said” with the defendant having the greatest stake in the outcome.

Other Forms of Rape:

  • Penal Code 262 PC “Spousal Rape.”
  • Penal Code 261.5 PC “Statutory Rape.”

Other forms of rape warrant their own specific statutes in state law. Examples include:

  • Penal Code 262 PC “Spousal Rape.” Anyone who has intercourse with their spouse without their consent and does so with force or threat, and for sexual pleasure or arousal, is guilty of violating California Penal Code 262.
  • Penal Code 261.5 PC “Statutory Rape.” Anyone who knowingly has intercourse with a minor can be found guilty of Statutory Rape. A minor is defined as anyone under the age of 18.

Penalties for Rape

Rape is one of the most serious criminal charges that a defendant may face. A case may be highly complex because of circumstances that are difficult to explain and understand. The penalties for these offenses are harsh and conviction includes lifetime sex offender registration.

Addressing False Rape Accusations

Sexual assault crimes are taken very seriously by the law. If you have been falsely accused you might assume that the charges will just be dropped because of how ludicrous they are to you. But take this case for example - and the wide-reaching effects that it had on just members of the fraternity associated with the rape allegations. These types of allegations do not just “go away,” and you will need to be prepared if you are falsely accused.

Here are some things you can do:

  1. Do not speak with police or investigators until you have contacted a criminal defense attorney. They might try different tactics to get you to admit to a crime you did not commit. Remember that they are always trying to build a case. Simply state that you will not speak with them unless there is an attorney present.
  2. Get in touch with a qualified and experienced criminal defense attorney. You’ll want to do this as soon as possible, even if you just expect the charges to be dismissed.
  3. Prepare for what the allegations might bring. You will be asked to defend yourself, so you’ll need to be prepared. This means contacting witnesses that can testify or provide an alibi for you. You might also need to take psychological tests, or be asked to provide other evidence. Write down as many details as possible about what you remember.
  4. Study. A criminal defense attorney will be able to guide you through fighting the allegations, but it’s in your best interest to understand the legal process and know your rights.

You will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal Criminal Lawyers.

If You Get Arrested for a Sex Crime

In 1966, the U.S. Supreme Court ruled in Miranda v. Arizona, that individuals arrested because they are believed to have committed a crime are allowed certain rights that must be explained to them. This must happen before any interrogation. It’s important to note that these rights only need to be read when a person has been taken into custody. “Miranda Rights” are meant to protect a suspect from self-incrimination and is protected under the Fifth Amendment of the U.S. Constitution. Those “Miranda Rights” are as follows:

  • You have the right to remain silent and refuse to answer questions.
  • Anything you say may be used against you in a court of law.
  • You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
  • If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
  • If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

Why Work with a Criminal Defense Lawyer?

When faced with serious penalties or spending time in jail or prison, you need to retain a criminal defense lawyer to represent you in court. If you are facing an assault or battery charge, or a theft charge, a criminal defense attorney will investigate your case’s specifics and determine if you were wrongfully charged. They also will be able to identify if there are any other existing reasons for why the case should be dismissed before it goes to trial. If the charges are not dismissed before trial, a criminal attorney may be able negotiate a plea bargain with the prosecutor on your behalf. If a plea bargain cannot be negotiated, a criminal defense attorney will prepare your defense and represent you at trial.

After you have discussed the specifics of your case, your Sevens Legal Criminal Lawyers, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal Criminal Lawyers, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.

Sevens Legal Criminal Lawyers, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal Criminal Lawyers, criminal defense lawyers, call (619) 494-3440. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

]]>
Sexual Assault Allegations Against Brett Kavanaughhttps://www.sevenslegal.com/assault/sexual-assault-allegations-against-brett-kavanaugh/847/Thu, 20 Sep 2018 15:00:21 +0000https://www.sevenslegal.com/assault/sexual-assault-allegations-against-brett-kavanaugh/847/Dr. Christine Blasey Ford has come forward with sexual assault allegations against Supreme Court nominee Brett Kavanaugh.Dr. Christine Blasey Ford has come forward with sexual assault allegations against Supreme Court nominee Brett Kavanaugh. Kavanaugh has since denied the allegations, which allegedly occurred when the two were teenagers.

Brett Kavanaugh Accused of Sexual Assault

Professor of clinical psychology in Palo Alto, California, Dr. Ford, described the alleged sexual assault in a recent interview. She alleges Kavanaugh, who has been nominated for the Supreme Court, and a friend pushed her into a bedroom and onto a bed. As she described:

“While his friend watched, she said, Kavanaugh pinned her to a bed on her back and groped her over her clothes, grinding his body against hers and clumsily attempting to pull off her one-piece bathing suit and the clothing she wore over it. When she tried to scream, she said, he put his hand over her mouth.”

At the time, the two boys were allegedly drunk and the interlude ended when Kavanaugh’s friend jumped on Kavanaugh and her, breaking up the group so Ford could hide in a bathroom.

Kavanaugh has denied the allegations, saying, “This is a completely false allegation. I have never done anything like what the accuser describes - to her or to anyone. Because this never happened, I had no idea who was making this accusation until she identified herself yesterday.”

What is “Sexual Assault”

Sexual assault is defined as any type of sexual contact or behavior that occurs without the explicit consent of a recipient. Included under the term sexual assault are the following: forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape.

What is Rape? Penal Code Section 261 PC

When they hear the term rape, many people create a mental image of an assault committed by means of violent physical force. The reality is, however, that rape is any non-consensual sexual activity, including those accomplished without physical means, using such methods as drugs or guile. Any form of sexual conduct forced on a person against their will through means of violence, menace, duress, fear of injury, or other danger is rape under California law.

There are a number of statutes in California that pertain to rape, all of which are among the most serious of criminal offenses with which an individual can be charged.

The most common type of rape (Penal Code Section 261 PC) is defined as criminal offense that involves nonconsensual sexual intercourse by means of threats, force, or fraud. At its core, this form of rape involves vaginal or anal penetration that includes force by instrumentation on someone, conscious or unconscious, or on any victim unable to consent.

Date Rape

Date rape charges are also filed under Penal Code Section 261 PC. Cases of this nature can sometimes be highly contested between the victim and the accused with the difference between a conviction and an acquittal depending on who the jury believes. The question of if sex took place is often not questioned, but rather was the sex consensual or not? Most of these cases do not involve force or injury to the victim. Often, they are cases of “he said, she said” with the defendant having the greatest stake in the outcome.

Other Forms of Rape:

  • Penal Code 262 PC “Spousal Rape.”
  • Penal Code 261.5 PC “Statutory Rape.”

Other forms of rape warrant their own specific statutes in state law. Examples include:

  • Penal Code 262 PC “Spousal Rape.” Anyone who has intercourse with their spouse without their consent and does so with force or threat, and for sexual pleasure or arousal, is guilty of violating California Penal Code 262.
  • Penal Code 261.5 PC “Statutory Rape.” Anyone who knowingly has intercourse with a minor can be found guilty of Statutory Rape. A minor is defined as anyone under the age of 18.

Penalties for Rape

Rape is one of the most serious criminal charges that a defendant may face. A case may be highly complex because of circumstances that are difficult to explain and understand. The penalties for these offenses are harsh and conviction includes lifetime sex offender registration.

Addressing False Rape Accusations

Sexual assault crimes are taken very seriously by the law. If you have been falsely accused you might assume that the charges will just be dropped because of how ludicrous they are to you. But take this case for example - and the wide-reaching effects that it had on just members of the fraternity associated with the rape allegations. These types of allegations do not just “go away,” and you will need to be prepared if you are falsely accused.

Here are some things you can do:

  1. Do not speak with police or investigators until you have contacted a criminal defense attorney. They might try different tactics to get you to admit to a crime you did not commit. Remember that they are always trying to build a case. Simply state that you will not speak with them unless there is an attorney present.
  2. Get in touch with a qualified and experienced criminal defense attorney. You’ll want to do this as soon as possible, even if you just expect the charges to be dismissed.
  3. Prepare for what the allegations might bring. You will be asked to defend yourself, so you’ll need to be prepared. This means contacting witnesses that can testify or provide an alibi for you. You might also need to take psychological tests, or be asked to provide other evidence. Write down as many details as possible about what you remember.
  4. Study. A criminal defense attorney will be able to guide you through fighting the allegations, but it’s in your best interest to understand the legal process and know your rights.

You will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal Criminal Lawyers.

If You Get Arrested for a Sex Crime

In 1966, the U.S. Supreme Court ruled in Miranda v. Arizona, that individuals arrested because they are believed to have committed a crime are allowed certain rights that must be explained to them. This must happen before any interrogation. It’s important to note that these rights only need to be read when a person has been taken into custody. “Miranda Rights” are meant to protect a suspect from self-incrimination and is protected under the Fifth Amendment of the U.S. Constitution. Those “Miranda Rights” are as follows:

  • You have the right to remain silent and refuse to answer questions.
  • Anything you say may be used against you in a court of law.
  • You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
  • If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
  • If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

Why Work with a Criminal Defense Lawyer?

When faced with serious penalties or spending time in jail or prison, you need to retain a criminal defense lawyer to represent you in court. If you are facing an assault or battery charge, or a theft charge, a criminal defense attorney will investigate your case’s specifics and determine if you were wrongfully charged. They also will be able to identify if there are any other existing reasons for why the case should be dismissed before it goes to trial. If the charges are not dismissed before trial, a criminal attorney may be able negotiate a plea bargain with the prosecutor on your behalf. If a plea bargain cannot be negotiated, a criminal defense attorney will prepare your defense and represent you at trial.

After you have discussed the specifics of your case, your Sevens Legal Criminal Lawyers, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal Criminal Lawyers, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.

Sevens Legal Criminal Lawyers, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal Criminal Lawyers, criminal defense lawyers, call (619) 494-3440. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

]]>
New Sexual Misconduct Charges for Sheriff's Deputy Fischerhttps://www.sevenslegal.com/blog/new-sexual-misconduct-charges-for-sheriffs-deputy-fischer/846/Thu, 13 Sep 2018 15:00:56 +0000https://www.sevenslegal.com/blog/new-sexual-misconduct-charges-for-sheriffs-deputy-fischer/846/Richard Fischer, a San Diego County sheriff's deputy will continue with his plea of not guilty to the barrage of sexual misconduct charges he is facing.Richard Fischer, a San Diego County sheriff’s deputy will continue with his plea of not guilty to the barrage of sexual misconduct charges he is facing. The deputy, who is already facing charges that he groped 13 women while on duty was just hit with five new charges, including forcible oral copulation.

Fischer Charged with More Sexual Misconduct

On February 22, Fischer, 32, was arrested and charged with assault and battery by an officer, sexual battery and false imprisonment. He faces 14 years and eight months in jail for the first set of charges and faces an additional 10 years and eight months if convicted of the newest charges.

According to the allegations, the majority of the women were victims of crime who had called the sheriff’s department. Fischer would then, allegedly, return to the victims’ homes after the call had been cleared from dispatch records and no other deputies were present.

The deputy served eight years in the United States Marine Corps Reserve and was deployed to Afghanistan. According to Fischer, he has made more than 700 arrests during his time in law enforcement.

“It’s not just a job, it’s a calling,” Fischer said of his work as a sheriff’s deputy. Fischer has always maintained that the charges against him are false.

What is “Sexual Assault”

Sexual assault is defined as any type of sexual contact or behavior that occurs without the explicit consent of a recipient. Included under the term sexual assault are the following: forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape.

What is Rape? Penal Code Section 261 PC

When they hear the term rape, many people create a mental image of an assault committed by means of violent physical force. The reality is, however, that rape is any non-consensual sexual activity, including those accomplished without physical means, using such methods as drugs or guile. Any form of sexual conduct forced on a person against their will through means of violence, menace, duress, fear of injury, or other danger is rape under California law.

There are a number of statutes in California that pertain to rape, all of which are among the most serious of criminal offenses with which an individual can be charged.

The most common type of rape (Penal Code Section 261 PC) is defined as criminal offense that involves nonconsensual sexual intercourse by means of threats, force, or fraud. At its core, this form of rape involves vaginal or anal penetration that includes force by instrumentation on someone, conscious or unconscious, or on any victim unable to consent.

Date Rape

Date rape charges are also filed under Penal Code Section 261 PC. Cases of this nature can sometimes be highly contested between the victim and the accused with the difference between a conviction and an acquittal depending on who the jury believes. The question of if sex took place is often not questioned, but rather was the sex consensual or not? Most of these cases do not involve force or injury to the victim. Often, they are cases of “he said, she said” with the defendant having the greatest stake in the outcome.

Other Forms of Rape:

  • Penal Code 262 PC “Spousal Rape.”
  • Penal Code 261.5 PC “Statutory Rape.”

Other forms of rape warrant their own specific statutes in state law. Examples include:

  • Penal Code 262 PC “Spousal Rape.” Anyone who has intercourse with their spouse without their consent and does so with force or threat, and for sexual pleasure or arousal, is guilty of violating California Penal Code 262.
  • Penal Code 261.5 PC “Statutory Rape.” Anyone who knowingly has intercourse with a minor can be found guilty of Statutory Rape. A minor is defined as anyone under the age of 18.

Penalties for Rape

Rape is one of the most serious criminal charges that a defendant may face. A case may be highly complex because of circumstances that are difficult to explain and understand. The penalties for these offenses are harsh and conviction includes lifetime sex offender registration.

Addressing False Rape Accusations

Sexual assault crimes are taken very seriously by the law. If you have been falsely accused you might assume that the charges will just be dropped because of how ludicrous they are to you. But take this case for example - and the wide-reaching effects that it had on just members of the fraternity associated with the rape allegations. These types of allegations do not just “go away,” and you will need to be prepared if you are falsely accused.

Here are some things you can do:

  1. Do not speak with police or investigators until you have contacted a criminal defense attorney. They might try different tactics to get you to admit to a crime you did not commit. Remember that they are always trying to build a case. Simply state that you will not speak with them unless there is an attorney present.
  2. Get in touch with a qualified and experienced criminal defense attorney. You’ll want to do this as soon as possible, even if you just expect the charges to be dismissed.
  3. Prepare for what the allegations might bring. You will be asked to defend yourself, so you’ll need to be prepared. This means contacting witnesses that can testify or provide an alibi for you. You might also need to take psychological tests, or be asked to provide other evidence. Write down as many details as possible about what you remember.
  4. Study. A criminal defense attorney will be able to guide you through fighting the allegations, but it’s in your best interest to understand the legal process and know your rights.

You will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal Criminal Lawyers.

If You Get Arrested for a Sex Crime

In 1966, the U.S. Supreme Court ruled in Miranda v. Arizona, that individuals arrested because they are believed to have committed a crime are allowed certain rights that must be explained to them. This must happen before any interrogation. It’s important to note that these rights only need to be read when a person has been taken into custody. “Miranda Rights” are meant to protect a suspect from self-incrimination and is protected under the Fifth Amendment of the U.S. Constitution. Those “Miranda Rights” are as follows:

  • You have the right to remain silent and refuse to answer questions.
  • Anything you say may be used against you in a court of law.
  • You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
  • If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
  • If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

Why Work with a Criminal Defense Lawyer?

When faced with serious penalties or spending time in jail or prison, you need to retain a criminal defense lawyer to represent you in court. If you are facing an assault or battery charge, or a theft charge, a criminal defense attorney will investigate your case’s specifics and determine if you were wrongfully charged. They also will be able to identify if there are any other existing reasons for why the case should be dismissed before it goes to trial. If the charges are not dismissed before trial, a criminal attorney may be able negotiate a plea bargain with the prosecutor on your behalf. If a plea bargain cannot be negotiated, a criminal defense attorney will prepare your defense and represent you at trial.

After you have discussed the specifics of your case, your Sevens Legal Criminal Lawyers, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal Criminal Lawyers, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.

Sevens Legal Criminal Lawyers, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal Criminal Lawyers, criminal defense lawyers, call (619) 494-3440. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

]]>
Labor Day Drunk Drivinghttps://www.sevenslegal.com/criminal-attorney/labor-day-drunk-driving/844/Thu, 06 Sep 2018 15:00:50 +0000https://www.sevenslegal.com/criminal-attorney/labor-day-drunk-driving/844/As Labor Day approaches you'll want to prepare for any celebrations - as well as the consequences of celebrating too much.As Labor Day approaches you’ll want to prepare for any celebrations - as well as the consequences of celebrating too much.

Drunk Driving on Labor Day

If you get pulled over for impaired driving, you’ll want to know what you are facing. Below we outline the steps of a DUI investigation in addition to what you can do if a police officer pulls you over.

Steps to Investigating DUI Charges

The first step in a DUI investigation is being pulled over by a police officer, which can be scary. If this was you this past weekend, you probably anticipated the typical question an officer asks: “Have you had anything to drink today?”

Since the officer can’t force you to answer any questions that could be considered incriminating, the best answer might be to tell them you prefer to speak with a DUI attorney before answering their questions. Having a blood alcohol (“BAC”) content under 0.08 is not considered driving under the influence. Admitting that you may have had one beer just explains why your breath smells of alcohol.

The second step in a DUI investigation are field sobriety tests. California does not give you the right to consult an attorney prior to these tests, but you can still politely decline to take them since you are not legally required to submit to these tests. The risk of these tests is that if an officer takes a subjective view they could decide you failed even though the test results were borderline. These results could then be used to convict you for a DUI.

However, if a police officer genuinely suspects you are intoxicated, chances are good you won’t get away with a warning.

The next step in a DUI investigation is the Preliminary Alcohol Screening (PAS) test. This test is normally a breathalyzer test, which is a chemical test prior to being arrested. A breathalyzer test is the most common one used by police officers to identify drivers driving under the influence. Breathalyzer tests are also used after an arrest as well. Before actually being arrest, you have the right to refuse to take the breathalyzer test. If you are afraid your blood alcohol level is high, you can take it knowing the possibility exists of later impeaching the test results.

If you have been lawfully arrested for DUI, the law requires you to undergo the administration of a chemical test by a police officer to determine your blood alcohol level (“BAC”).

According to California’s “Implied Consent Law” you are required to submit to chemical testing to determine your BAC if a police officer arrests you for DUI and the officer has probable cause to believe you were driving under the influence.

After being arrested, often you can chose either the breathalyzer or chemical tests. The breathalyzer is fairly reliable, but the results aren’t for a number of reasons. Breathalyzer tests don’t test for blood alcohol concentration (“BAC”), which requires a blood sample be taken to be analyzed. Because of this, the police will indirectly make an estimate of your BAC.

Blood Test to Confirm DUI

The most accurate tests to determine BAC are blood tests. Because of this, if given the choice you should choose a blood test if you feel your BAC is under the legal limit of 0.8.

Also, your blood sample must be preserved under a specific set of rules that will then be available for your attorney’s use in order for their later independent testing and analysis.

Although you can’t be forced to take a chemical blood test, if you refuse the Department of Motor Vehicles will suspend your California Driver’s License for one year, no matter what the outcome of the DUI case against you. You can request a hearing to contest the suspension, but it must be requested within 10 days from your DUI arrest date.

Speak to a San Diego DUI Lawyer Today

Call our skilled attorneys at Sevens Legal Criminal Lawyers for a free consultation today to explore your options if you have been arrested for drunk driving in San Diego County. DUI/DWI charges carry stiff penalties that can be financially devastating and may include jail time and the suspension of your license for a year or more. With over 40 years of collective experience dealing with criminal defense and DUI/DWI cases, the attorneys at Sevens Legal will bring to your situation a wealth of expertise and a track record of countless courtroom successes.

Understanding Your Rights

It is important to fully understand your rights in a DUI/DWI case and our attorneys will ensure that you are well educated on the process and procedures of your defense. Through aggressive litigation our attorneys will represent you to the best of their abilities and will not rest until you are back on the road.

We Represent All Types of DUI Cases

Whether you are a first time offender, are facing your second or third offense, a felony or aggravated DUI or a DUI related vehicular manslaughter, the attorneys at Sevens Legal Criminal Lawyers will represent you in a court of law. Laws surrounding drinking and driving and blood alcohol concentration (BAC) may vary depending on state, and California has developed a no-tolerance policy towards DUI offenders. In 1990, the 0.08% blood alcohol concentration (BAC) limit was established in the state of California and still stands 24 years later. According to the California Department of Motor Vehicles, it is illegal for any person to operate a vehicle with a:

  • BACof 0.08% or higher, if the person is age 21 or older.
  • BACof 0.01% or higher, if the person is under age 21.
  • BACof 0.01% or higher at any age, if the person is on Driving Under the Influence (DUI) probation.
  • BACof 0.04% or higher, in any vehicle requiring a commercial driver license (CDL)-with or without a CDL issued to the driver.

Besides the crippling cost of DUI/DWI penalties, the suspension or revoking of one’s license can cause immense challenges, especially when a suspension directly impacts the financial wellbeing of your family and your economic livelihood. The skilled attorneys at Sevens Legal can help maintain your license or adjust permissions to allow the continuation of commuting to an essential workplace.

The Law Offices of Sevens Legal Criminal Lawyers, understands DUI cases inside and out, and they are committed to uncovering contradictory evidence, procedural errors, or violations of your rights. We determine the correct defense strategy based on the facts pertaining to your case. Sevens Legal Criminal Lawyers, handles all DUI cases such as:

  • First DUI Offense DUI: Almost 80% of our clients who are first offenders have their cases resolved without a DUI conviction.
  • Underage DUI: Underage juvenile DUI offenders have unique challenges relating to these charges, and respond according to these challenges.
  • Felony DUI: Felony charges involving DUI require immediate attention. These DUI charges include injury or a 4th offense in a 10-year period.
  • DUI and Drugs: If the drugs are prescription drugs or banned (“street drugs”) substances, they carry the same penalty as a DUI involving alcohol.
  • Multiple DUI Charges: These types of charges involve higher penalties depending on the number of times you have been convicted previously for DUI. Many times we can successfully reduce the statutory jail time by seeking treatment options.
  • DUI Resulting in an Accident: This also includes injury and/or death, or property damage. These require an experienced criminal defense attorney. These charges may involve possible time in a state prison, so it’s imperative to hire a skilled and diligent criminal defense attorney.
  • Boating and DUI: Operating a boat while under the influence of drugs or alcohol carry the same negative consequences as driving a vehicle and being intoxicated.
  • DMV DUI Hearing: It is imperative to act promptly in order to protect driving privileges. The hearing must be requested within 10 days of your arrest, otherwise the DMV will automatically suspend your driver’s license.

Beating a DUI charge is never easy, even if you have a strong defense, which is why it’s important to hire an experienced DUI Defense Attorney.

In DUI cases there can be numerous possible police errors, all of which can add up to helping reduce your charges. After reviewing the facts of your DUI case, our attorneys will concentrate on helping seek a dismissal or reduction by preparing a secure case that will cast doubt on any evidence the police may have obtained against you. The criminal defense lawyers at Sevens Legal Criminal Lawyers, believe every defendant deserves a zealous defense. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

]]>
Serving Time Before Conviction and Bailhttps://www.sevenslegal.com/blog/serving-time-conviction-bail/571/Thu, 30 Aug 2018 15:00:40 +0000https://www.sevenslegal.com/blog/serving-time-conviction-bail/571/While it might sound hard to believe, many people serve time behind bars before they are even convicted of a crime just because they can’t afford to post bail. It’s a fact that lawmakers in California are trying to change.

Bail and Serving Time in Jail Before Being Conviction


According to the Prison Policy Institutes, about a third of the people sitting in jail cells across the nation are serving time before they have even been convicted of a crime because they cannot afford to post bail.

The average bail amount in California is set around $50,000, an amount well out of reach for those arrested to be able to pay, even when working with a bail bond company. According to statistics cited by lawmakers seeking to change California’s cash for bail system, 63 percent of inmates in the state’s county jails (roughly 46,000 people every day) are those that are awaiting trial or sentencing.

And it’s not just costing those sitting in jail. According to research by the Laura and John Arnold Foundation, it costs the state of California around $4.5 million a day to keep those people in jail.

“[The money bail system] criminalizes poverty, as the science says, pure and simple,” said Sen. Bob Hertzberg, (D - Los Angeles). He’s in the process of co-authoring reform legislation. “And that is, at the core of who we are, just not right.”

Bail constitutes an agreement between a defendant and the court. A defendant agrees to post a specific amount of money in exchange for the assurance that he or she will return to court for your scheduled court date. When a defendant is exonerated in court their bail money is refunded.

If a person uses a bail bondsman, there is typically a 10 to 30 percent fee tacked on. That money is not refunded by the court. That can be a large amount that people are just not able to afford, thus keeping them in jail.

The United States and the Philippines are the only two nations in the world with a for-profit bail bond industry, explained reform supporter Lt. Gov. Gavin Newsom. “Since 1964, the federal government’s de facto moved away from money bail,” Newsom said, “but states are still in the business of money bail.”

Lawmakers are still working on the details of how they are seeking to change the bail and pretrial system. Sen. Hertzberg still feels that defendants deemed to be dangerous or a flight risk should still be held until trial.

“In many other cases, in fact, most defendants don’t fall into either of these two category,” Hertzberg said. “Bail often runs into the thousands of dollars, even for the most minor charges. Let me tell you why that’s so important: most people don’t have the financial resources to cover some small amount of money.”

Bail Bond Overview

Chances are you will have to get a bail bond to get out of jail if you or your loved one has been arrested for any type of serious crime. You may have also seen television commercials about bail bonds, but unless you’ve directly dealt with the issue of posting bail, you may find that you need a brush up on your knowledge about bail bonds.

What is “Bail”

Bail constitutes an agreement between you, the defendant, and the court. As the defendant, you agree to post a specific amount of money in exchange for the assurance that you’ll return to court for your scheduled court date. Upon appearing in court as scheduled, and as stated in the bail bond agreement, you get your money back.

As an example, if the court sets bail at $15,000, this means you can pay $15,000 to the court in order to be released from jail. Once you return to court on your specified date, you’re able to get your money back. You’ll get your money back even if you’ve been convicted at your trial. However, you don’t show up for even one of your court dates, you will immediately forfeit your $15,000 and a warrant for your arrest will be issued. If you can’t pay the bail the court has set, you won’t be able to get released from jail. Therefore, you will have to remain in jail until the date the court has set for your trial.

Not being able to post your bail can be a difficult and stressful situation. It means you may have to remain in jail for months between the time of your arrest and the beginning of your trial. Because of this, posting bail usually becomes your first priority after being arrested. Therefore, this is the reason people turn to bail bonds as a means to be released from jail.

How Bail is Determined and Set Currently

Once you’ve been arrested, you’re immediately booked to jail. Once in jail, all your vital information, such as name and personal information, as well as your photo and fingerprints are recorded in the police department’s computer and database. Also, all your personal items are impound. After being booked, you’ll be given a sobriety test. This may be a second sobriety test if you’ve been arrested due to failing the first sobriety test. After this, you’ll be permitted to make one phone call, after which you’ll be put into a jail cell. After this your hearing will be scheduled, where the judge will decide what the amount of your bail will be. This usually happens within 48 hours after your arrest.

Normally the majority of jurisdictions use a schedule for bail to decide the bail amount that should be set. The Superior Court of Los Angeles County sets a bail of $20,000 if a person has been arrested for a felony. The maximum sentence possible for for a felony is 3 years in jail. However, the judge hearing the case has considerable leeway when they decide to set bail. Frequently they will also take external circumstances into consideration when setting bail.

As an example, if this was your first offense, you are currently employed, and have a family in the area, the judge may decide to reduce your bail amount below the required amount. The judge may even decide to completely discard it.

Another example would be if you have multiple offenses on your record and the judge thinks you might be a flight risk. In this instance, the judge’s decision might be to increase your bail or even revoke your ability and permission to post bail.

Some jurisdictions may assign your bail as soon as you’re booked and not wait for an initial hearing. This typically happens only in low level offenses. A police officer will advise you whether you will be able to immediately post bail of if you will be permitted to use a credit card to pay your bail amount.

How Bail Bonds Work

Bail bonds are similar to personal loans. After putting down a small percentage for the total amount, a bail bondsman or agent, gives you the rest of the money needed for your bail. Like a loan officer, this bail bondsman or agent is similar to the lender of a personal loan. As an example, if your bail is $15,000, you or a family member would be required to make a deposit of $2,000. The bail bondsman or agent would then give you the $15,000 bail needed for you to “post bail.” Most bail bond companies also will require you to provide them with some type of collateral in order to get the remaining money needed for your bail bond. Collateral is usually a deed to your house, item of jewelry, or car. This collateral is used in order to secure the bail bonds’ loan in case you don’t show up at your appointed court date, in which case you would not get your money back. After your trial is over, and you receive your money back from the court, the money is returned to bail bond company you received your bail from.

Due to the fact that this is a financial risk the bail bondsman and bail bond company take because of this loan, they will often take additional precautions to make sure you attend all of your court dates. The bail bondsman wants to make sure his or her company receives back all the bail money it loaned you.

As a result of these precautions, bail bond companies will frequently do the following:

  • Prefer a relative or friend put up the necessary collateral for your bond. This is because you will then be less likely to miss a court date since your relative’s or friend’s house or property is on the line in for your bail bond.
  • Call you before each court date in order to remind your about your upcoming trial. Require you to make periodic check-ins at their bail bond office to make sure you haven’t left town.
  • Like most defendants, you will probably agree that these precautions are a small prices to pay in order to be able to stay out of jail while waiting for a trial date or during your trial.

Bail Bonds and Their Various Types

Some of the different bail bonds that are available include:

  • Surety Bond: This type of bail bond is secured by an insurance company. It’s common for bail bondsmen to work with insurance companies in order to provide financial backing for their bonds.
  • Property Bond: If you own property (i.e., a house), the bail bondsman may be able to use this as collateral instead of putting down cash. With this type of bond the court places a lien on your property and can sell it if you do not appear for your court date(s).
  • Release on Own Recognizance: Sometimes a judge will agree to release you without setting any bail amount. This normally happens only if you are accused of a low level crime and the judge doesn’t consider you to be a flight risk.
  • Cite Out: This would be if you are caught doing something illegal and the officer then decides to issue a citation to appear in court instead of booking you into jail.
  • Immigration Bond: If you are detained by Immigration and Customs Enforcement (ICE), an immigration bond will permit you to be released from jail until your hearing is completed.

Bail and Bounty Hunters

If you decide to flee or skip your trial and a bail bondsman is not able to reach you, chances are they will then hire a person called a “bounty hunter” in order to track you down and then return you to custody.

How to Secure a Bail Bond

If your bail amount is set higher than you or your family member or friend can afford, you will need to secure a bail bond as soon as possible. However, there are still important considerations and questions you need to take into consideration.

A bail bondsman will want to make sure they’re getting the most for their money. To do this they will charge a bail bond bond premium fee that is usually 10-30% of your bail bond amount. This fee is normally not refundable. This means that even if you show up for all your court dates and receive your bail money back, you will never get that 10-30% of your money back.

Therefore, it would be wise to look for a bail bondsman that would require a lower premium.

Also, you will also want to take into consideration if there is an initiation or application fee in addition to the premium.

In addition to bail bond feeds, there are also court and attorney fees you need to take into consideration.

If you have been arrested and accused of a crime, you needs to acquire and work with a criminal defense attorney such as Sevens Legal Criminal Lawyers. Once you have discussed the specifics of the allegations against you with your attorney, they will inform you of the strengths and weaknesses pertaining to your case, as well as any risk of conviction and punishment you may be facing. A criminal defense attorney such as Sevens Legal Criminal Lawyers, can also negotiate a plea deal as well as decide to move forward with trial, while working constantly to make sure your best interests are served. At Sevens Legal Criminal Lawyers, every defendant has a right to our zealous defense. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

]]>
Reasons to Decriminalize Drugshttps://www.sevenslegal.com/criminal-attorney/reasons-decriminalize-drugs/372/Thu, 23 Aug 2018 15:00:10 +0000https://www.sevenslegal.com/criminal-attorney/reasons-decriminalize-drugs/372/The United States is coming to terms with realizing criminalizing drugs and treating offenders judicially has little effect dealing with the drug problem.The United States is coming to terms with the realization that criminalizing illicit drugs and treating offenders in a purely judicial way has little if any effectiveness in dealing with the drug problem. The U.S. drug problem causes our government to spend millions of dollars, with the result being the largest prison population in the world instead of reducing the illicit drug problem.  

Little to Show for Criminalizing Drugs

Considering the time, effort, and money, the U.S. has spent in an effort to get rid of drug use, the trafficking of drugs, and other associated activities and undesirable consequences, our country still finds itself involved in the effort with little to show after almost 50 years. As a symbol of the federal government’s official attitude about drugs is Nixon’s “War on Drugs” declaration.

Nixon’s “War on Drugs”

June 17, 2015, marked the 44th anniversary of President Richard Nixon’s “War on Drugs” declaration. It began when Nixon appointed Stephen Hess on December 5th, 1969, as the National Chairman on his White House Conference for Children and Youth. He was tasked to “listen well to the voices of young Americans – in the universities, on the farms, the assembly lines, the street corners,” in an effort to discover their opinions about America’s international and domestic affairs. In 1971, after intensive planning for two years, Hess and his 1,486 delegates met in a resort in Colorado for four days to discuss ten areas that America’s youth were most concerned about, one of which was drugs.

Treatment Approach vs Judicial Approach for Drugs

A small drug task force of four adults and eight youths argued that the root cause of drug abuse should be addressed, and encouraged therapy for addicts instead of incarceration. In other words, they felt a treatment approach was more appropriate than a judicial approach for drug addiction.

Although this was an enlightened approach for dealing with drug addiction, it didn’t prevail. Since there was only so much federal funding to use, the judicial law enforcement approach appeared at the time to be less costly. Three months after the Youth Conference met, Nixon launched his “War on Drugs” and cast drug users as criminals attacking the very moral fiber of the country requiring punishment and incarceration instead of alienated youths with a drug addiction caused by a fundamental societal inequality.

Today the drug war is still going on. Drug enforcement agencies on the federal as well as state level have become similar to paramilitary organizations, similar to military units that have been deployed in the Middle East. Watching them on TV, on such shows as “COPS,” you would think they were actually effective and their efforts can actually make a difference. However, looking deeper you must remember that they’ve been on the air for years, and the episodes of today look pretty much the same as those seven or more years ago.

Nothing much has changed where drugs are concerned. The recent news about the latest escape of El Chapo Guzman, the Mexican drug lord, is similar to news or his previous escapes. If people and governments don’t learn from their mistakes, they’re doomed to keep repeating them.

Nixon’s war on drugs has been America’s longest war. This “war” has destroyed millions of lives. The U.S. leads the world in the incarceration of drug abusers. With less than 5% of the world’s population, it has almost 25% of the world’s prisoners.

Many Americans would agree that like the death penalty, the current war on drugs doesn’t seem to have any deterrent factor on drug use. On one end, some conservatives feel we should double down on our current efforts in the drug war because we’re too soft on drug offenders. On the opposite end, the decriminalization and legalization of marijuana has been gaining ground, especially among those who think the medical treatment approach is a much more effective approach to drug addiction. However, many Americans still feel these ideas are too much of a radical approach.

Is Decriminalizing Drugs Uncharted Territory?

Decriminalization of drugs for most U.S. citizens is like venturing into uncharted territory. Some even feel like it’s turning a blind eye to the widespread criminal activity associated with drugs. In Europe there’s been a 15 plus year length of time where drugs have been decriminalized. In the Netherlands they merely turn a blind eye. In Portugal decriminalization has been mostly a successful experience.

In 2001 Portugal became the first European country to officially get rid of all related criminal penalties about the personal possession of drugs. These included cocaine, marijuana, methamphetamine, and heroin.

A European country with one of the worst drug problems was Portugal, where 1% of it’s population were heroin addicts. Then the Portuguese prime minister and the opposition party leader got together and voiced some fundamental and obvious observations, “Look, we’ve been trying the American way. Every year, we crackdown, we put more people in prison, and every year the problem gets worse. Let’s do this differently.”

The national commission that was charged with addressing the drug problem in Portugal recommended that jail time be replaced by offering drug therapy instead. Their argument included the thought that the fear of prison actually drives addicts underground, as well as the fact that incarceration in prison was more expensive than paying for a drug treatment program. They chose the better solution of giving health services to drug addicts instead.

Under the new regime in Portugal, people previously found guilty for possessing small amounts of drugs were sent to a panel made up of a social worker, psychologist, and legal adviser who decided on the appropriate treatment plan. Of course, they always had the right to refuse treatment, without criminal punishment, instead of jail.

The overall results after about 15 years has been very encouraging. Although there are many critics pointing fingers at some less than ideal situations, but in reality Portugal’s drug situation has significantly improved in several areas.

In Portugal the levels of drug use are below the average in the rest of Europe.

  • The occurrence of infectious diseases related to drugs is declining
  • Clinical assessments of deaths due to drug use made by physicians have decreased significantly
  • Decriminalization of drug offenses has reduced the number of people who have been arrested and sent to criminal court

One important note to mention is that these measures were introduced at the same time as the expansion of the welfare state in Portugal, which included the guarantee of a minimum income. Even though the decriminalization of drugs played an important role, the other positive outcomes were likely achieved because of these wider social and health reforms.

It’s important to realize the even though Portugal had success with the decriminalization of drugs, it’s a very different country from the U.S. The population of Portugal is much smaller compared to the U.S., therefore the people being treated is smaller than here. Unlike the U.S. who has a major drug supplier on it’s Southern border, Portugal doesn’t. But the most important difference is the fact that politically the country was willing to implement the decriminalization of drugs. Unfortunately in the U.S., the country just isn’t politically willing to do anything about this at the moment.

When looked at objectively, its easy to realize the health issues about drug use. It has many of the same elements as those of alcohol and tobacco addiction. Even though there are certain criminal aspects associated with drug use, trying to deal with them has done little if anything to eliminate or slow down the use of drugs. Drug use and addiction is the only health issue that is criminalized. As support increases to end the war on drugs and the imprisonment associated with it and move toward a more health centered approach, the time has come to decriminalize all drugs.

Decriminalizing drugs means getting rid of the criminal penalties associated with drug possession for personal use. People would no longer be arrested, prosecuted, jailed, or have a criminal record just for using or possessing drugs for personal use. The result is that there would be a substantial reduction in the number of people in the criminal justice system. The motivation behind Proposition 47 in California was to reduce or eliminate the harsh criminal penalties that resulted in prison and jail overpopulation that began in the 1980s. The effect after it passed resulted in decriminalization where the possession of small amounts of drugs were concerned. It’s passing immediately helped to reduce populations in prison and highlighted the needs of drug users due to the fact that the drug court system wasn’t being used much by those who are eligible for relief under Prop 47. Because of jail overpopulation, this means many who are incarcerated are released early, so people arrested for drug possession would rather spend time in jail and be released early rather than go to rehab and have to deal with all the therapy and monitoring associated with it.

It’s time for the U.S. to critically look into the decriminalization of drugs. In spite of the criminal aspect of drugs, it’s time to realize that our current way of dealing with it simply doesn’t work, and the cost of criminalizing it is increasing both monetarily and in prison overcrowding. It’s time to treat it as the health issue that it is.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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In Pursuit of a Passed Out Driverhttps://www.sevenslegal.com/blog/in-pursuit-of-a-passed-out-driver/842/Thu, 16 Aug 2018 15:00:09 +0000https://www.sevenslegal.com/blog/in-pursuit-of-a-passed-out-driver/842/A passed out driver woke up and led police on a brief pursuit before finally being arrested.A passed out driver woke up and led police on a brief pursuit before finally being arrested.

Police Pursuit of Driver That Was Passed

Around 3 a.m. last Tuesday, San Diego police received a call that a driver was asleep at the wheel as his car rolled down an off-ramp. When they got there, the car was just about to drift into the wall. At that point the driver sped away as the driver sought to evade police.

After about a mile pursuit, the driver stopped his car but refused to exit the vehicle, forcing police to approach the car and pull the man out. The man was arrested and taken into custody on suspicion of DUI.

Evading arrest is a highly punishable crime that carries various sentences. If you are committed of evading arrest, you’ll want to know what punishment you face. And after reading the below, you might just want to consider if it’s really worth it to try and flee.

Reasons to Not Evade the Police

Evading arrest violates California Vehicle Code 2800.1. In California evading arrest is defined as “the act of attempting or actively running away from a police officer that has made clear his or her intentions to arrest you.” Whether fleeing by foot or by motor vehicle, it is unlawful to evade a police officer. Additionally, a law enforcement officer may believe that an individual is evading arrest when that might not be the intention of the individual. It will be up to the prosecution to determine that an individual actually had an intention of evading arrest.

Some things that can influence the outcome of an police evasion charge include:

  • Was the police officer in full uniform at the time of the arrest?
  • Were there language barriers that made the arrest attempt unclear?
  • In the case of a motor vehicle chase, was the individual aware that police vehicles were trying to pull the individual over? Did the individual understand, or should have understood, any visual or audible signals coming from the police vehicles?

Additional Factors

Additional factors will need to be determined before the consequences of evading a police officer are ruled upon. These include if the individual was also driving recklessly while evading arrest and if the individual showed blatant disregard for the safety of others as well as property. If this is the case, that individual can be charged with violating California Vehicle Code 2800.2.

Evading a police officer can be charged as either a misdemeanor or a felony depending on how dangerous the actions of the individual were.

Misdemeanor Penalties

Penalties for misdemeanor evading arrest may include up to one year in county jail and $1,000 in fines. A person’s vehicle may also be impounded for up to 30 days.

If aggravating factors exist, the crime can be charged as “felony reckless evading.”

Penalties for felony reckless evading can include:

  • Up to three years in state prison
  • Up to $10,000 in various fines
  • Impounded vehicle for 30 days

Because of the potential for serious consequences, it is always best to stop when you are pulled over. In the event of arrest and questioning, it’s best to know how to handle yourself rather than to evade police. Here are some tips you’ll want to remember if you are pulled over.

Getting Pulled Over by Police

Being pulled over by a police officer can be incredibly stressful. From the moment those lights turn on you immediately start questioning what you did wrong and how you are going to prove you are innocent.

It’s important to remain calm and follow these guidelines:

  • Look for a convenient area to pull over - make sure it is safe for the officer to pull in behind you. Also, if it is dark, you might decide to pull over to an area that is well lit. All of these actions will show the police officer that you are taking their safety into account.
  • Slow down, turn on your turn signal and pull over
  • Take the keys out of the ignition and place them on the dash
  • Relax and take a deep breath
  • Roll down your driver’s side window
  • Turn on interior lights if it is dark
  • Make sure all your movements are slow so that the officer can watch you and ensure that you are not drawing a weapon or hiding something
  • Do not reach for anything, but rather, place your hands on the steering wheel
  • When the officer approaches, allow him or her to speak first. Typically he or she will ask for your license and registration.
  • Reach for them slowly and deliberately, hand them to the officer, and then place your hands back on the wheel
  • Be polite and answer any questions asked of you
  • Follow any orders given to you by the officer

Getting pulled over can be stressful, but as long as you make the officer feel comfortable and safe and you act responsibly, you have a better chance of getting through the experience.

Miranda Rights and Police

In 1966, the U.S. Supreme Court ruled in Miranda v. Arizona, that individuals arrested because they are believed to have committed a crime are allowed certain rights that must be explained to them. This must happen before any interrogation. It’s important to note that these rights only need to be read when a person has been taken into custody. “Miranda Rights” are meant to protect a suspect from self-incrimination and is protected under the Fifth Amendment of the U.S. Constitution.

Those “Miranda Rights” are as follows:

  • You have the right to remain silent and refuse to answer questions.
  • Anything you say may be used against you in a court of law.
  • You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
  • If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
  • If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney.
  • Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

Interrogations by Police

Regardless of if you are informally interrogated by a police officer (such as during a pullover for a traffic violation) or formally interrogated for a crime, remember that there are specific laws that protect you. An officer will use any number of tactics to get a confession from you, regardless of you are guilty or not. It has been shown in clinical research that these tactics are effective in getting confessions from people who are later exonerated by DNA, and thus have always been innocent.

There are two key things to remember if you are being interrogated:

  • Interrogations are set up and conducted to produce confessions - even from the innocent
  • The best way to protect yourself is to remain quiet about anything. Do not make a statement without first talking to a criminal defense attorney. The best way to not incriminate yourself is to not say anything at all.

If You End Up In Jail

If you are detained in jail, remember there are still ways to incriminate yourself. There are some general guidelines you should follow, including the following:

  • Do not discuss anything over the phone. This is often recorded and can be overheard.
  • Do not discuss with fellow in-mates. Remember that anyone in jail is looking for a way out. That could include providing information about you in order to improve their position with the state.
  • Do not make statements or answer questions without an attorney present.
  • Never waive your rights to something without first speaking with an attorney.
  • Know how to be steadfast with your requirement that an attorney be present during any interrogation or questioning.

Jail and Bond

Unless you are dealing with a minor charge, your bond will probably not be set until you appear before a judge during an arraignment. An arraignment is the first part of courtroom-based proceedings. This is what happens during an arraignment:

  • The person charged goes before a criminal court judge
  • The judge reads the charges against the person
  • The judge asks the person if he or she has an attorney or if they need the assistance of a court-appointed attorney
  • The judge asks the person if they will plead “guilty,” “not guilty,” or “no contest.”
  • The judge sets a bail amount, if necessary
  • The judge announces the date of the future proceedings, such as a preliminary hearing, pre-trial motion, or trial.

During an arraignment, you want to make sure you have the best possible outcome from your case. Ensure that you understand everything that you are being charged with. Make sure you have received counsel.

Working with a Criminal Defense Attorney

Criminal charges can be complex, requiring much gathering of evidence and information. It’s highly advised that you work with an experience criminal defense attorney that will be able to advise you on the best defense.

If you or loved ones is accused or charged with any type of crime call us. Let us support and help you during this tough time. Our firm award winning attorneys provides hope and peace of mind. The Sevens Legal Criminal Lawyers office is located in both San Diego and Escondido. We have time and time again helped Southern California residents get their cases dismissed or penalties reduced.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Criminal Defense Attorney For Your Teenagerhttps://www.sevenslegal.com/criminal-attorney/criminal-defense-attorney-teen/390/Thu, 09 Aug 2018 15:00:30 +0000https://www.sevenslegal.com/criminal-attorney/criminal-defense-attorney-teen/390/Although you might not think about it, if you have a teenager you should seriously consider having a good criminal defense attorney. If you think this is a crazy idea, here are some reasons why it’s not!

The farthest thing from your mind is that your little baby might commit some type of crime. You’ve worked hard to instill in them right from wrong, and know you’ve raised them well, but the fact remains they can always get involved in trouble. Usually these troubles are small, so you don’t have to worry about them, such as problems with school subjects or being sent to the principal’s office for talking in class. But sometimes the trouble results in bigger problems. When problems are big, it’s always good to follow the Scout motto and “be prepared.”

News stories on TV about teenagers can range anywhere from bullying to fighting, and can even involve death. You wonder how a normal teenager from a normal family can suddenly be arrested and charged with a misdemeanor or felony crime. The future can change with the blink of an eye.

Because things can change so quickly, Lisa Green, author of “On Your Case: A Compassionate (and Only Slightly Bossy) Legal Guide for Every Stage of a Woman’s Life,” believes parents of teenagers should know and have a criminal defense attorney.

Criminal Defense Attorney

Some of the cases a criminal defense attorney can handle includes:

  • DUI
  • Drug Charges
  • Violent Crimes
  • Theft Offenses
  • Sex Crimes
  • White Collar Crimes

When defending yourself or your teenager against criminal charges such as those above, hiring a criminal defense attorney is the best thing you can do. A criminal defense attorney can guide you on the strengths as well as the weaknesses pertaining to you or your teenager’s case, as well as explain the specific risks associated with a conviction as well as any punishment you or your teenager may be facing. In addition to helping you understand the aspects of your case, a criminal defense attorney can also explain to you and your teenager how the legal system works and the various procedures involved. When you or your teenage son or daughter are faced with criminal allegations, you need to face them with a criminal defense attorney on your side.

Lisa Green, who is also an attorney, feels every parent needs to have a criminal defense attorney. By not having one “is the unrecognized area that parents, particularly parents of teens, miss all the time. So many of our friends have armies of tutors, extracurricular activities, all sorts of angles covered … but when it comes to the law, there’s this black hole.”

Be Prepared and Aware With a Criminal Defense Attorney

The farthest thing from your mind is that at some point your child may really need to be defended for an alleged crime in a court of law. This is no doubt your worst nightmare. Being prepared can help lessen this nightmare. It’s always better to be prepared than surprised.

“I cannot count the number of kids I know, good kids, who find themselves in the wrong place at the wrong time,” Lisa Green has said.

“I have now two young adults, and when they were going through their teenage years, it was a simple matter of a party that went wrong, a group of kids in the park when the police stop by and have some questions, bringing something to school they shouldn’t have. And in each of those cases, a little bit of knowledge of the law, a little bit of knowledge of what their rights are, the right way to behave, would have saved parents a heck of a lot of grief.”

A Criminal Defense Attorney Can Help Protect Your Child

There are various things you can do in order to protect your children and their rights. First of all, you should review any of their school’s codes of conduct. Many times parents aren’t aware that their son or daughter’s school has specific rules students must abide by. Some of these rules include the searching of personal property. Students are permitted to request to call their parents prior to any search being conducted.

“They need to have reasonable suspicion that something’s wrong,” Green said. She advises parents to talk to their teenagers about what is considered appropriate behavior as well as action versus what’s not when trying to deal with a situation such as this. Basically, parents should act as the first legal advocate for their child. When faced with such a request, your teenager should handle it like this:

“If you’re asked, as a child, for a locker search, to open a phone, to open a laptop, if it’s your property, pause and ask if you could call Mom and Dad,” Green said.

“We can act whether we’re lawyers or not as that first line of defense.”

Rules Relating to College

The rules can change a little when it comes to college. As a parent, you can set down some of your own rules as well.

“They don’t tell you about it during that fantastic tour with the kid walking backwards as your child is looking around to say, ‘Who can I party with?’ But it’s a really important set of information because different schools have different levels of tolerance for various campus activities,” Green said.

To help with this you can consult the rules regarding conduct for the college your child will be attending. This information is usually available in a college handbook included with the information packet for new students.

Are Parents Responsible for a Teen’s Crimes

As a parent you should know that if your child commits a crime you can also face charges.

“I am not advocating that kids should be absolved of responsibility. If a kid does something wrong, if they broke the law, they ought to be punished appropriately by it. But we also live in a society where we have legal rights, and I want parents to know that they should be aware of what those are so they can help their child use better judgment.”

Different states have their own laws dealing with legal responsibilities of either parents or legal guardians when it comes to criminal acts a minor commits while in their care. Many laws are passed under the assumption that the reason a minor may have committed the crime is because the parents or legal guardians have failed to provide the proper oversight and control for their child.

The parental responsibilities laws in California place the potential liability on parents and legal guardians when a minor in their care inflicts harm or death on another, or causes property damage in the form of car accidents or other acts.

Under the California Civil Code Section 1714.1, parents or legal guardians are liable for the “Willful Misconduct” of a minor in their care. California Civil Code section 1714.1 states: “Any act of willful misconduct of a minor that results in injury or death to another person, or in any injury to the property of another, shall be imputed to the parent or guardian having custody and control of the minor for all purposes of civil damages.”

“Willful Misconduct” means a minor intentionally did something on purpose.

The statute further states the custodial parents or guardians are jointly liable with the minor for damages that result from the willful misconduct of the minor, for amounts not exceeding $25,000 per wrongful act.

If a minor’s “willful misconduct” causes injury to a person, the $25,000 limit may include additional compensation to cover medical treatment as well as any other expenses related to the injury. However, the additional compensation for non-economic damages such as pain and suffering cannot be included.

If the misconduct of the minor involves “defacement of property of another with paint or a similar substance,” the parent and legal guardian’s joint liability is still limited to $25,000.

Parent’s Liability for Teenage Driving

California has two other main statutes that deal with a parent or legal guardian’s possible liability if damages are caused due to a minor’s driving.

California Vehicle Code Section 17707 states: “Any civil liability of a minor arising out of his driving a motor vehicle…is hereby imposed upon the person who signed and verified the application of the minor for a license, and the person shall be jointly and severally liable with the minor for any damages proximately resulting from the negligent or wrongful act or omission of the minor in driving a motor vehicle.”

California Vehicle Code section 17708 holds parents or legal guardians potentially liable for damages whenever they give their express or implied permission to a minor permitting them to drive any vehicle, with the result the minor’s driving results in a car accident, whether the minor has a license to drive or not.

California Civil Code section 1714.1, the “willful misconduct” statute, limits the liability for actual damages a parent or legal guardian has to $25,000.

These statutes relating to driving by a minor gives joint liability to a parent or guardian for “any damages proximately resulting” from an accident. This non-economic compensation for losses includes pain and suffering.

Other Instances of Parental Liability

When dealing with parental liability you must remember that as a parent or legal guardian the law still holds you legally responsible for the actions of a minor under the traditional civil fault principles, known as “common law,” in addition to the above statutes.

After discussing the specifics of your case and the allegations you and/or your child may be facing, your criminal defense attorney will let you know the strengths and weaknesses of your case, as well as any risks of conviction or punishment you may face. A criminal defense attorney may be able to negotiate a plea deal or move forward to a trial, whichever is in your or your child’s best interest.

If you or your teenager have been arrested and charged with an alleged crime, it’s imperative that you contact Sevens Legal Criminal Lawyers, to begin discussing your case and it’s options. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Sheriff's Deputy Facing Sexual Misconduct Chargeshttps://www.sevenslegal.com/criminal-attorney/sheriffs-deputy-facing-sexual-misconduct-charges/838/Thu, 02 Aug 2018 15:00:26 +0000https://www.sevenslegal.com/criminal-attorney/sheriffs-deputy-facing-sexual-misconduct-charges/838/Nineteen women have stepped forward to accuse San Diego County sheriff's deputy Richard Fischer of sexual misconduct. He is pleading not guilty to all charges.Nineteen women have stepped forward to accuse San Diego County sheriff’s deputy Richard Fischer of sexual misconduct. He is pleading not guilty to all charges.

Sexual Misconduct Charges Facing Sheriff’s Deputy

On February 22, Fischer was arrested and charged with sexual misconduct. He pleaded not guilty but will need to stand trial on 15 criminal counts that include assault and battery under the color of authority. The alleged incidents of groping and touching women who had called 911 for help or were in police custody happened between 2015 and 2017.

According to the allegations, the majority of the women were victims of crime who had called the sheriff’s department. Fischer would then, allegedly, return to the victims’ homes after the call had been cleared from dispatch records and no other deputies were present.

Manny Medrano, Fischer’s defense attorney, has said his client “vigorously denies” the allegations and will “zealously challenge them” in court.

“Once again Deputy Fischer is standing up, trying to use his badge and now his marriage and his career as a veteran to defend the most despicable, disgusting behavior that I’ve ever personally witnessed in my career,” said attorney Marlea Dell’Anno who, with attorney Dan Gilleon, represents Fischer’s accusers. “He targeted people who were either situationally vulnerable or vulnerable in some other way for the very reason that he knew that no one would believe his word against theirs,” she said.

Fischer is out on bail and on unpaid leave while the case against him moves forward.

Four of the alleged victims have reached settlements in civil lawsuits.

What is “Sexual Assault”

Sexual assault is defined as any type of sexual contact or behavior that occurs without the explicit consent of a recipient. Included under the term sexual assault are the following: forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape.

What is Rape? Penal Code Section 261 PC

When they hear the term rape, many people create a mental image of an assault committed by means of violent physical force. The reality is, however, that rape is any non-consensual sexual activity, including those accomplished without physical means, using such methods as drugs or guile. Any form of sexual conduct forced on a person against their will through means of violence, menace, duress, fear of injury, or other danger is rape under California law.

There are a number of statutes in California that pertain to rape, all of which are among the most serious of criminal offenses with which an individual can be charged.

The most common type of rape (Penal Code Section 261 PC) is defined as criminal offense that involves nonconsensual sexual intercourse by means of threats, force, or fraud. At its core, this form of rape involves vaginal or anal penetration that includes force by instrumentation on someone, conscious or unconscious, or on any victim unable to consent.

Date Rape

Date rape charges are also filed under Penal Code Section 261 PC. Cases of this nature can sometimes be highly contested between the victim and the accused with the difference between a conviction and an acquittal depending on who the jury believes. The question of if sex took place is often not questioned, but rather was the sex consensual or not? Most of these cases do not involve force or injury to the victim. Often, they are cases of “he said, she said” with the defendant having the greatest stake in the outcome.

Other Forms of Rape:

  • Penal Code 262 PC “Spousal Rape.”
  • Penal Code 261.5 PC “Statutory Rape.”

Other forms of rape warrant their own specific statutes in state law. Examples include:

  • Penal Code 262 PC “Spousal Rape.” Anyone who has intercourse with their spouse without their consent and does so with force or threat, and for sexual pleasure or arousal, is guilty of violating California Penal Code 262.
  • Penal Code 261.5 PC “Statutory Rape.” Anyone who knowingly has intercourse with a minor can be found guilty of Statutory Rape. A minor is defined as anyone under the age of 18.

Penalties for Rape

Rape is one of the most serious criminal charges that a defendant may face. A case may be highly complex because of circumstances that are difficult to explain and understand. The penalties for these offenses are harsh and conviction includes lifetime sex offender registration.

Addressing False Rape Accusations

Sexual assault crimes are taken very seriously by the law. If you have been falsely accused you might assume that the charges will just be dropped because of how ludicrous they are to you. But take this case for example - and the wide-reaching effects that it had on just members of the fraternity associated with the rape allegations. These types of allegations do not just “go away,” and you will need to be prepared if you are falsely accused.

Here are some things you can do:

  1. Do not speak with police or investigators until you have contacted a criminal defense attorney. They might try different tactics to get you to admit to a crime you did not commit. Remember that they are always trying to build a case. Simply state that you will not speak with them unless there is an attorney present.
  2. Get in touch with a qualified and experienced criminal defense attorney. You’ll want to do this as soon as possible, even if you just expect the charges to be dismissed.
  3. Prepare for what the allegations might bring. You will be asked to defend yourself, so you’ll need to be prepared. This means contacting witnesses that can testify or provide an alibi for you. You might also need to take psychological tests, or be asked to provide other evidence. Write down as many details as possible about what you remember.
  4. Study. A criminal defense attorney will be able to guide you through fighting the allegations, but it’s in your best interest to understand the legal process and know your rights.

You will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal Criminal Lawyers.

If You Get Arrested for a Sex Crime

In 1966, the U.S. Supreme Court ruled in Miranda v. Arizona, that individuals arrested because they are believed to have committed a crime are allowed certain rights that must be explained to them. This must happen before any interrogation. It’s important to note that these rights only need to be read when a person has been taken into custody. “Miranda Rights” are meant to protect a suspect from self-incrimination and is protected under the Fifth Amendment of the U.S. Constitution. Those “Miranda Rights” are as follows:

  • You have the right to remain silent and refuse to answer questions.
  • Anything you say may be used against you in a court of law.
  • You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
  • If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
  • If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

Why Work with a Criminal Defense Lawyer?

When faced with serious penalties or spending time in jail or prison, you need to retain a criminal defense lawyer to represent you in court. If you are facing an assault or battery charge, or a theft charge, a criminal defense attorney will investigate your case’s specifics and determine if you were wrongfully charged. They also will be able to identify if there are any other existing reasons for why the case should be dismissed before it goes to trial. If the charges are not dismissed before trial, a criminal attorney may be able negotiate a plea bargain with the prosecutor on your behalf. If a plea bargain cannot be negotiated, a criminal defense attorney will prepare your defense and represent you at trial.

After you have discussed the specifics of your case, your Sevens Legal Criminal Lawyers, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal Criminal Lawyers, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.

Sevens Legal Criminal Lawyers, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal Criminal Lawyers, criminal defense lawyers, call (619) 494-3440. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Why You Should Not Evade Policehttps://www.sevenslegal.com/blog/evade-police/559/Thu, 26 Jul 2018 15:00:10 +0000https://www.sevenslegal.com/blog/evade-police/559/Evading arrest by police is a punishable crime that carries various sentences. If you try to evade arrest, you'll want to know what punishment you face.If you live in Los Angeles, you’ve probably gotten used to reports of high speed, or low speed police chases. They seemingly happen every single day. Evading arrest is a highly punishable crime that carries various sentences. If you are committed of evading arrest, you’ll want to know what punishment you face. And after reading the below, you might just want to consider if it’s really worth it to try and flee.

Reasons to Not Evade the Police

Evading arrest violates California Vehicle Code 2800.1. In California evading arrest is defined as “the act of attempting or actively running away from a police officer that has made clear his or her intentions to arrest you.” Whether fleeing by foot or by motor vehicle, it is unlawful to evade a police officer. Additionally, a law enforcement officer may believe that an individual is evading arrest when that might not be the intention of the individual. It will be up to the prosecution to determine that an individual actually had an intention of evading arrest.

Some things that can influence the outcome of an police evasion charge include:

  • Was the police officer in full uniform at the time of the arrest?
  • Were there language barriers that made the arrest attempt unclear?
  • In the case of a motor vehicle chase, was the individual aware that police vehicles were trying to pull the individual over? Did the individual understand, or should have understood, any visual or audible signals coming from the police vehicles?

Additional Factors

Additional factors will need to be determined before the consequences of evading a police officer are ruled upon. These include if the individual was also driving recklessly while evading arrest and if the individual showed blatant disregard for the safety of others as well as property. If this is the case, that individual can be charged with violating California Vehicle Code 2800.2.

Evading a police officer can be charged as either a misdemeanor or a felony depending on how dangerous the actions of the individual were.

Misdemeanor Penalties

Penalties for misdemeanor evading arrest may include up to one year in county jail and $1,000 in fines. A person’s vehicle may also be impounded for up to 30 days.

If aggravating factors exist, the crime can be charged as “felony reckless evading.”

Penalties for felony reckless evading can include:

  • Up to three years in state prison
  • Up to $10,000 in various fines
  • Impounded vehicle for 30 days

Because of the potential for serious consequences, it is always best to stop when you are pulled over. In the event of arrest and questioning, it’s best to know how to handle yourself rather than to evade police. Here are some tips you’ll want to remember if you are pulled over.

Getting Pulled Over by Police

Being pulled over by a police officer can be incredibly stressful. From the moment those lights turn on you immediately start questioning what you did wrong and how you are going to prove you are innocent.

It’s important to remain calm and follow these guidelines:

  • Look for a convenient area to pull over - make sure it is safe for the officer to pull in behind you. Also, if it is dark, you might decide to pull over to an area that is well lit. All of these actions will show the police officer that you are taking their safety into account.
  • Slow down, turn on your turn signal and pull over
  • Take the keys out of the ignition and place them on the dash
  • Relax and take a deep breath
  • Roll down your driver’s side window
  • Turn on interior lights if it is dark
  • Make sure all your movements are slow so that the officer can watch you and ensure that you are not drawing a weapon or hiding something
  • Do not reach for anything, but rather, place your hands on the steering wheel
  • When the officer approaches, allow him or her to speak first. Typically he or she will ask for your license and registration.
  • Reach for them slowly and deliberately, hand them to the officer, and then place your hands back on the wheel
  • Be polite and answer any questions asked of you
  • Follow any orders given to you by the officer

Getting pulled over can be stressful, but as long as you make the officer feel comfortable and safe and you act responsibly, you have a better chance of getting through the experience.

Miranda Rights and Police

In 1966, the U.S. Supreme Court ruled in Miranda v. Arizona, that individuals arrested because they are believed to have committed a crime are allowed certain rights that must be explained to them. This must happen before any interrogation. It’s important to note that these rights only need to be read when a person has been taken into custody. “Miranda Rights” are meant to protect a suspect from self-incrimination and is protected under the Fifth Amendment of the U.S. Constitution.

Those “Miranda Rights” are as follows:

  • You have the right to remain silent and refuse to answer questions.
  • Anything you say may be used against you in a court of law.
  • You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
  • If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
  • If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney.
  • Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

Interrogations by Police

Regardless of if you are informally interrogated by a police officer (such as during a pullover for a traffic violation) or formally interrogated for a crime, remember that there are specific laws that protect you. An officer will use any number of tactics to get a confession from you, regardless of you are guilty or not. It has been shown in clinical research that these tactics are effective in getting confessions from people who are later exonerated by DNA, and thus have always been innocent.

There are two key things to remember if you are being interrogated:

  • Interrogations are set up and conducted to produce confessions - even from the innocent
  • The best way to protect yourself is to remain quiet about anything. Do not make a statement without first talking to a criminal defense attorney. The best way to not incriminate yourself is to not say anything at all.

If You End Up In Jail

If you are detained in jail, remember there are still ways to incriminate yourself. There are some general guidelines you should follow, including the following:

  • Do not discuss anything over the phone. This is often recorded and can be overheard.
  • Do not discuss with fellow in-mates. Remember that anyone in jail is looking for a way out. That could include providing information about you in order to improve their position with the state.
  • Do not make statements or answer questions without an attorney present.
  • Never waive your rights to something without first speaking with an attorney.
  • Know how to be steadfast with your requirement that an attorney be present during any interrogation or questioning.

Jail and Bond

Unless you are dealing with a minor charge, your bond will probably not be set until you appear before a judge during an arraignment. An arraignment is the first part of courtroom-based proceedings. This is what happens during an arraignment:

  • The person charged goes before a criminal court judge
  • The judge reads the charges against the person
  • The judge asks the person if he or she has an attorney or if they need the assistance of a court-appointed attorney
  • The judge asks the person if they will plead “guilty,” “not guilty,” or “no contest.”
  • The judge sets a bail amount, if necessary
  • The judge announces the date of the future proceedings, such as a preliminary hearing, pre-trial motion, or trial.

During an arraignment, you want to make sure you have the best possible outcome from your case. Ensure that you understand everything that you are being charged with. Make sure you have received counsel.

Working with a Criminal Defense Attorney

Criminal charges can be complex, requiring much gathering of evidence and information. It’s highly advised that you work with an experience criminal defense attorney that will be able to advise you on the best defense.

If you or loved ones is accused or charged with any type of crime call us. Let us support and help you during this tough time. Our firm award winning attorneys provides hope and peace of mind. The Sevens Legal Criminal Lawyers office is located in both San Diego and Escondido. We have time and time again helped Southern California residents get their cases dismissed or penalties reduced.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Drug Smugglers Recruiting Teenshttps://www.sevenslegal.com/criminal-attorney/drug-smugglers-recruiting-teens/835/Thu, 19 Jul 2018 15:00:57 +0000https://www.sevenslegal.com/criminal-attorney/drug-smugglers-recruiting-teens/835/Over the past few years, hundreds of teens arrested at the California border have learned the hard way - drug trafficking is not the answer.Over the past few years, hundreds of teens arrested at the California border have learned the hard way - drug trafficking is not the answer.

Teens Being Recruited by Drug Smugglers

In fiscal 2017, Customs and Border Protection arrested 84 juveniles smuggling narcotics across the San Diego border. Within the first six months of this year, there have been 41 cases. The bump in teenage smugglers was seen 10 years ago. At that time, it was largely marijuana and methamphetamine being smuggled but now the most common drugs seized from teen couriers are meth, heroin and cocaine, with fentanyl making more appearances.

Cartels have been targeting teens in a big way - preying on the fact that teenagers are easily recruited as they strive to make some money of their own - or even harder - when they are trying to help their family’s financial issues.

The kids most often being recruited for such work are frequent border crossers - typically Mexican citizens that have border crossing cards who attend school in the U.S.

Penalties for Smuggling

Penalties for smuggling can vary depending on the circumstances but can include fines, weeks or months in Juvenile Hall - which the parents pay for - and rehabilitation programs. Other more serious consequences include loss of driver’s license, border crossing card, as well as opportunities to obtain college loans, serve in the military or become a naturalized U.S. citizen.

For a parent, having your child arrested and charged with an alleged crime is one of the most traumatic experiences you could have. Having an experienced Juvenile Defense Attorney can help turn a possible negative outcome into a positive one.

Juvenile Defense and Criminal Defense Attorneys

A Criminal Defense Attorney who also specializes in Juvenile Defense has the extensive experience necessary to handle all aspects related to Juvenile Court matters. Having a Juvenile Defense attorney representing you and your child many times can help keep the matter out of the Juvenile Court system, as well as minimize potentially serious consequences that arise from your child being arrested and detained.

The Juvenile Court System in California handles matters that are associated with juvenile law, such as cases involving juvenile delinquency and juvenile dependency.

Juvenile Delinquency vs Juvenile Dependency

Cases of Juvenile Delinquency involves charges associated with violations of criminal laws committed by a “minor,” defined as somebody under 18 years of age. In San Diego County the Juvenile Courts are located in San Diego, El Cajon, Vista, and Chula Vista. In Los Angeles County they are located in Inglewood, Long Beach, Torrance, Compton, Downey, Pasadena, Pomona, Sylmar, East Los Angeles, and Bakersfield for cases in Kern County.

Cases of Juvenile Dependency involves charges against parents or guardians for child abuse or child neglect committed against a “minor,” defined as somebody under 18 years of age.

Minors charged with alcohol or drug possession are handled in an informal juvenile traffic court. To ensure any records remain clean for your child, it’s imperative that you have an attorney experienced in Juvenile Delinquency and Dependency handling their case in Juvenile Court.

Proceedings in Juvenile Court

Whether the court involved deals with family, probate, juvenile, or dependency, your child has the following rights:

  • The right to representation by an attorney.
  • The right to have witnesses present on the child’s behalf.
  • The right to confront, subpoena, and cross-examine witnesses.
  • The right to have a public hearing.
  • The right to have evidence presented.
  • The right to an appeal of the verdict.

These rights encompass the basic Miranda Rights:

  • You have the right to remain silent.
  • Anything you say or do may be used against you in a court of law.
  • You have the right to an attorney.
  • If you cannot afford an attorney, one will be appointed to you.
  • Do you understand these rights as they have been read to you?

If your child could face prison if they are found delinquent of the alleged charge, they may be entitled to an attorney if they can’t afford one, per the Miranda Rights. As a general rule, court proceedings in Juvenile Court are sealed, meaning the records are confidential and not accessible to the general public. However, some states don’t always seal juvenile records automatically, so the child must request that their records be sealed.

While a juvenile has a right to trial by jury, if they have been determined delinquent, there’s jeopardy attached and they could be retried for the same alleged crime.

The goal of California’s adult correctional system is punishment, but the goal of the juvenile court justice system is treatment and rehabilitation. To accomplish this task the system has an array of programs and methods to address juvenile crime, depending on the offense’s severity and the juvenile offender’s background. Some of these programs and methods include fines, detention, treatment programs, incarceration, community service, and community supervision.

For offenses with a higher severity, the juvenile court justice system also includes formal or informal probation, incarceration, and detention. Because the goal of the juvenile justice system is rehabilitation instead of punishment, other agencies and institutions play a role including schools, community-based organizations, and social services agencies.

Juvenile Court and Charging as an Adult

Probation officials, police, and the District Attorney have been given broad discretion by the Juvenile Court Justice system where it comes to the way juvenile offenders are treated. After being arrested, the police have the option to either take them to juvenile hall or release them to their parents.

The juvenile law of Proposition 21 has been modified by the state legislature to permit the transfer of a juvenile offender from juvenile court to adult court, where they would be tried as an adult for certain serious and/or violent felony crimes, such as murder. Juveniles as young as 11 have been tried as adults. A judge will decide the appropriateness of transferring a juvenile to the adult court system in most cases, but if a crime is particularly serious the prosecutor may charge the minor directly to be tried as an adult.

A minor has the same constitutional rights in the Juvenile Court System as an adult. Like an adult they have the right to have their Miranda rights read to them, including permitting them the right to not make statements to the police unless their attorney is present. Minors also have the right to request that their parents be present before law enforcement questions them. However, since the police are not required to let a minor know this before interrogating them or taking their statement, it’s imperative to retain a Juvenile Criminal Defense Attorney as soon as your juvenile has been arrested and charged with an alleged crime in order to protect their constitutional rights.

One note to consider is the fact that school officials, counselors, and teachers are not required to advise a juvenile of their constitutional Miranda rights prior to their being questioned, unless they are doing the advising at the direction of the police.

Whenever a minor has been accused of a juvenile crime an attorney should be retained to represent them in all juvenile court proceedings. Unlike adult court, in juvenile court a minor is not entitled to have a trial by jury, instead they have an “adjudication” which is trial before a judge. The burden of proof is still the same for a minor as for an adult, which means there must be “proof beyond a reasonable doubt” that the alleged crime was committed by the minor. Due to the potential serious and life-altering circumstances of being accused of a crime, you should immediately consult a Juvenile Defense Attorney.

Hearings on School Expulsion and Juvenile Defense

Without proper representation for your juvenile, the school expulsion process in California public schools can be intimidating and frequently traumatic. In situations such as this an experienced attorney is essential.

There are various reasons why a student may be expelled from public school, including violence, use or possession of drugs, selling drugs, and other criminal acts such as possession of weapons such as a gun or knife. The education code requires a juvenile be expelled for some of these offenses, but the school board has the power in most of these cases to suspend the expulsion. By suspending it the juvenile is kept in the district but probably will not be permitted to return to the same school where the offense occurred.

Process for School Expulsion

The first step in the expulsion process is for the student to appear at a hearing with a panel of three teachers from the district the school is in. Although similar to a trial, there are no rules about evidence and just about anything can be presented for the panel to consider, including letters and written statements. The student has two options. The first option is to fight the charges and require the panel to decide whether they think the offense was committed by the student. The second option is for the student to admit their fault and give information to help reduce the offense, such as statements by their parents or letters of recommendation. If an attorney has been retained for the student, the attorney can question district officials, such as the principal or vice-principal of their school, about the case for expulsion. After the district’s evidence is heard the student and student’s family hears the panel’s recommendation, which will then be presented to the school board. The panel will usually recommend the student’s expulsion in cases where the alleged offense requires it. However, the school board makes the final decision.

The second step in the expulsion process is for the student to appear in front of the school board. The school board usually only allows limited testimony, giving weight to the school district panel’s decision. If appropriate, your attorney may try to enter as much testimony as possible, including statements indicating the student’s remorse for the alleged offense. If an attorney is representing the student, they are then given an opportunity to give their closing arguments. After the school board has heard all the testimony they will deliberate and give their decision in approximately 24 hours or so.

If the student and their family are not happy with the school board’s decision, they can appeal it to the county board. A Juvenile Defense Attorney can help you and your child through this difficult and traumatic process.

If your child has been arrested for an alleged crime or faces school expulsion, you need the expertise of a Juvenile Defense Attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Juvenile Defense, School Expulsion, and Your Childhttps://www.sevenslegal.com/criminal-attorney/juvenile-defense-school-expulsion-child/374/Thu, 12 Jul 2018 15:00:02 +0000https://www.sevenslegal.com/criminal-attorney/juvenile-defense-school-expulsion-child/374/Having a child arrested and charged with a crime is a traumatic experience. A Juvenile Defense Attorney can turn a negative outcome into a positive one.For a parent, having your child arrested and charged with an alleged crime is one of the most traumatic experiences you could have. Having an experienced Juvenile Defense Attorney can help turn a possible negative outcome into a positive one.  

Juvenile Defense and Criminal Defense Attorneys

A Criminal Defense Attorney who also specializes in Juvenile Defense has the extensive experience necessary to handle all aspects related to Juvenile Court matters. Having a Juvenile Defense attorney representing you and your child many times can help keep the matter out of the Juvenile Court system, as well as minimize potentially serious consequences that arise from your child being arrested and detained.

The Juvenile Court System in California handles matters that are associated with juvenile law, such as cases involving juvenile delinquency and juvenile dependency.

Juvenile Delinquency vs Juvenile Dependency

Cases of Juvenile Delinquency involves charges associated with violations of criminal laws committed by a “minor,” defined as somebody under 18 years of age. In San Diego County the Juvenile Courts are located in San Diego, El Cajon, Vista, and Chula Vista. In Los Angeles County they are located in Inglewood, Long Beach, Torrance, Compton, Downey, Pasadena, Pomona, Sylmar, East Los Angeles, and Bakersfield for cases in Kern County.

Cases of Juvenile Dependency involves charges against parents or guardians for child abuse or child neglect committed against a “minor,” defined as somebody under 18 years of age.

Minors charged with alcohol or drug possession are handled in an informal juvenile traffic court. To ensure any records remain clean for your child, it’s imperative that you have an attorney experienced in Juvenile Delinquency and Dependency handling their case in Juvenile Court.

Proceedings in Juvenile Court

Whether the court involved deals with family, probate, juvenile, or dependency, your child has the following rights:

  • The right to representation by an attorney.
  • The right to have witnesses present on the child’s behalf.
  • The right to confront, subpoena, and cross-examine witnesses.
  • The right to have a public hearing.
  • The right to have evidence presented.
  • The right to an appeal of the verdict.

These rights encompass the basic Miranda Rights:

  • You have the right to remain silent.
  • Anything you say or do may be used against you in a court of law.
  • You have the right to an attorney.
  • If you cannot afford an attorney, one will be appointed to you.
  • Do you understand these rights as they have been read to you?

If your child could face prison if they are found delinquent of the alleged charge, they may be entitled to an attorney if they can’t afford one, per the Miranda Rights. As a general rule, court proceedings in Juvenile Court are sealed, meaning the records are confidential and not accessible to the general public. However, some states don’t always seal juvenile records automatically, so the child must request that their records be sealed.

While a juvenile has a right to trial by jury, if they have been determined delinquent, there’s jeopardy attached and they could be retried for the same alleged crime.

The goal of California’s adult correctional system is punishment, but the goal of the juvenile court justice system is treatment and rehabilitation. To accomplish this task the system has an array of programs and methods to address juvenile crime, depending on the offense’s severity and the juvenile offender’s background. Some of these programs and methods include fines, detention, treatment programs, incarceration, community service, and community supervision.

For offenses with a higher severity, the juvenile court justice system also includes formal or informal probation, incarceration, and detention. Because the goal of the juvenile justice system is rehabilitation instead of punishment, other agencies and institutions play a role including schools, community-based organizations, and social services agencies.

Juvenile Court and Charging as an Adult

Probation officials, police, and the District Attorney have been given broad discretion by the Juvenile Court Justice system where it comes to the way juvenile offenders are treated. After being arrested, the police have the option to either take them to juvenile hall or release them to their parents.

The juvenile law of Proposition 21 has been modified by the state legislature to permit the transfer of a juvenile offender from juvenile court to adult court, where they would be tried as an adult for certain serious and/or violent felony crimes, such as murder. Juveniles as young as 11 have been tried as adults. A judge will decide the appropriateness of transferring a juvenile to the adult court system in most cases, but if a crime is particularly serious the prosecutor may charge the minor directly to be tried as an adult.

A minor has the same constitutional rights in the Juvenile Court System as an adult. Like an adult they have the right to have their Miranda rights read to them, including permitting them the right to not make statements to the police unless their attorney is present. Minors also have the right to request that their parents be present before law enforcement questions them. However, since the police are not required to let a minor know this before interrogating them or taking their statement, it’s imperative to retain a Juvenile Criminal Defense Attorney as soon as your juvenile has been arrested and charged with an alleged crime in order to protect their constitutional rights.

One note to consider is the fact that school officials, counselors, and teachers are not required to advise a juvenile of their constitutional Miranda rights prior to their being questioned, unless they are doing the advising at the direction of the police.

Whenever a minor has been accused of a juvenile crime an attorney should be retained to represent them in all juvenile court proceedings. Unlike adult court, in juvenile court a minor is not entitled to have a trial by jury, instead they have an “adjudication” which is trial before a judge. The burden of proof is still the same for a minor as for an adult, which means there must be “proof beyond a reasonable doubt” that the alleged crime was committed by the minor. Due to the potential serious and life-altering circumstances of being accused of a crime, you should immediately consult a Juvenile Defense Attorney.

Hearings on School Expulsion and Juvenile Defense

Without proper representation for your juvenile, the school expulsion process in California public schools can be intimidating and frequently traumatic. In situations such as this an experienced attorney is essential.

There are various reasons why a student may be expelled from public school, including violence, use or possession of drugs, selling drugs, and other criminal acts such as possession of weapons such as a gun or knife. The education code requires a juvenile be expelled for some of these offenses, but the school board has the power in most of these cases to suspend the expulsion. By suspending it the juvenile is kept in the district but probably will not be permitted to return to the same school where the offense occurred.

Process for School Expulsion

The first step in the expulsion process is for the student to appear at a hearing with a panel of three teachers from the district the school is in. Although similar to a trial, there are no rules about evidence and just about anything can be presented for the panel to consider, including letters and written statements. The student has two options. The first option is to fight the charges and require the panel to decide whether they think the offense was committed by the student. The second option is for the student to admit their fault and give information to help reduce the offense, such as statements by their parents or letters of recommendation. If an attorney has been retained for the student, the attorney can question district officials, such as the principal or vice-principal of their school, about the case for expulsion. After the district’s evidence is heard the student and student’s family hears the panel’s recommendation, which will then be presented to the school board. The panel will usually recommend the student’s expulsion in cases where the alleged offense requires it. However, the school board makes the final decision.

The second step in the expulsion process is for the student to appear in front of the school board. The school board usually only allows limited testimony, giving weight to the school district panel’s decision. If appropriate, your attorney may try to enter as much testimony as possible, including statements indicating the student’s remorse for the alleged offense. If an attorney is representing the student, they are then given an opportunity to give their closing arguments. After the school board has heard all the testimony they will deliberate and give their decision in approximately 24 hours or so.

If the student and their family are not happy with the school board’s decision, they can appeal it to the county board. A Juvenile Defense Attorney can help you and your child through this difficult and traumatic process.

If your child has been arrested for an alleged crime or faces school expulsion, you need the expertise of a Juvenile Defense Attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

]]>
If You Get Pulled Over for DUI on Fourth of Julyhttps://www.sevenslegal.com/criminal-attorney/blogpulled-dui-fourth-july628/628/Thu, 05 Jul 2018 15:00:19 +0000https://www.sevenslegal.com/criminal-attorney/blogpulled-dui-fourth-july628/628/Typically over big holidays like Fourth of July holiday, the San Diego County Sheriff’s Department will team up with the National Highway Traffic Safety Administration to keep impaired drivers off San Diego’s roads. If you are planning on celebrating the fourth with a few drinks, you’ll want to know your rights if you get pulled over for DUI.

Don’t Get Pulled Over for DUI on the Fourth of July

If you get pulled over for impaired driving, you’ll want to know what you are facing. Below we outline the steps of a DUI investigation in addition to what you can do if a police officer pulls you over.

Steps to Investigating DUI Charges

The first step in a DUI investigation is being pulled over by a police officer, which can be scary. If this was you this past weekend, you probably anticipated the typical question an officer asks: “Have you had anything to drink today?”

Since the officer can’t force you to answer any questions that could be considered incriminating, the best answer might be to tell them you prefer to speak with a DUI attorney before answering their questions. Having a blood alcohol (“BAC”) content under 0.08 is not considered driving under the influence. Admitting that you may have had one beer just explains why your breath smells of alcohol.

The second step in a DUI investigation are field sobriety tests. California does not give you the right to consult an attorney prior to these tests, but you can still politely decline to take them since you are not legally required to submit to these tests. The risk of these tests is that if an officer takes a subjective view they could decide you failed even though the test results were borderline. These results could then be used to convict you for a DUI.

However, if a police officer genuinely suspects you are intoxicated, chances are good you won’t get away with a warning.

The next step in a DUI investigation is the Preliminary Alcohol Screening (PAS) test. This test is normally a breathalyzer test, which is a chemical test prior to being arrested. A breathalyzer test is the most common one used by police officers to identify drivers driving under the influence. Breathalyzer tests are also used after an arrest as well. Before actually being arrest, you have the right to refuse to take the breathalyzer test. If you are afraid your blood alcohol level is high, you can take it knowing the possibility exists of later impeaching the test results.

If you have been lawfully arrested for DUI, the law requires you to undergo the administration of a chemical test by a police officer to determine your blood alcohol level (“BAC”).

According to California’s “Implied Consent Law” you are required to submit to chemical testing to determine your BAC if a police officer arrests you for DUI and the officer has probable cause to believe you were driving under the influence.

After being arrested, often you can chose either the breathalyzer or chemical tests. The breathalyzer is fairly reliable, but the results aren’t for a number of reasons. Breathalyzer tests don’t test for blood alcohol concentration (“BAC”), which requires a blood sample be taken to be analyzed. Because of this, the police will indirectly make an estimate of your BAC.

Blood Test to Confirm DUI

The most accurate tests to determine BAC are blood tests. Because of this, if given the choice you should choose a blood test if you feel your BAC is under the legal limit of 0.8.

Also, your blood sample must be preserved under a specific set of rules that will then be available for your attorney’s use in order for their later independent testing and analysis.

Although you can’t be forced to take a chemical blood test, if you refuse the Department of Motor Vehicles will suspend your California Driver’s License for one year, no matter what the outcome of the DUI case against you. You can request a hearing to contest the suspension, but it must be requested within 10 days from your DUI arrest date.

Speak to a San Diego DUI Lawyer Today

Call our skilled attorneys at Sevens Legal Criminal Lawyers for a free consultation today to explore your options if you have been arrested for drunk driving in San Diego County. DUI/DWI charges carry stiff penalties that can be financially devastating and may include jail time and the suspension of your license for a year or more. With over 40 years of collective experience dealing with criminal defense and DUI/DWI cases, the attorneys at Sevens Legal will bring to your situation a wealth of expertise and a track record of countless courtroom successes.

Understanding Your Rights

It is important to fully understand your rights in a DUI/DWI case and our attorneys will ensure that you are well educated on the process and procedures of your defense. Through aggressive litigation our attorneys will represent you to the best of their abilities and will not rest until you are back on the road.

We Represent All Types of DUI Cases

Whether you are a first time offender, are facing your second or third offense, a felony or aggravated DUI or a DUI related vehicular manslaughter, the attorneys at Sevens Legal Criminal Lawyers will represent you in a court of law. Laws surrounding drinking and driving and blood alcohol concentration (BAC) may vary depending on state, and California has developed a no-tolerance policy towards DUI offenders. In 1990, the 0.08% blood alcohol concentration (BAC) limit was established in the state of California and still stands 24 years later. According to the California Department of Motor Vehicles, it is illegal for any person to operate a vehicle with a:

  • BACof 0.08% or higher, if the person is age 21 or older.
  • BACof 0.01% or higher, if the person is under age 21.
  • BACof 0.01% or higher at any age, if the person is on Driving Under the Influence (DUI) probation.
  • BACof 0.04% or higher, in any vehicle requiring a commercial driver license (CDL)-with or without a CDL issued to the driver.

Besides the crippling cost of DUI/DWI penalties, the suspension or revoking of one’s license can cause immense challenges, especially when a suspension directly impacts the financial wellbeing of your family and your economic livelihood. The skilled attorneys at Sevens Legal can help maintain your license or adjust permissions to allow the continuation of commuting to an essential workplace.

The Law Offices of Sevens Legal Criminal Lawyers, understands DUI cases inside and out, and they are committed to uncovering contradictory evidence, procedural errors, or violations of your rights. We determine the correct defense strategy based on the facts pertaining to your case. Sevens Legal Criminal Lawyers, handles all DUI cases such as:

  • First DUI Offense DUI: Almost 80% of our clients who are first offenders have their cases resolved without a DUI conviction.
  • Underage DUI: Underage juvenile DUI offenders have unique challenges relating to these charges, and respond according to these challenges.
  • Felony DUI: Felony charges involving DUI require immediate attention. These DUI charges include injury or a 4th offense in a 10-year period.
  • DUI and Drugs: If the drugs are prescription drugs or banned (“street drugs”) substances, they carry the same penalty as a DUI involving alcohol.
  • Multiple DUI Charges: These types of charges involve higher penalties depending on the number of times you have been convicted previously for DUI. Many times we can successfully reduce the statutory jail time by seeking treatment options.
  • DUI Resulting in an Accident: This also includes injury and/or death, or property damage. These require an experienced criminal defense attorney. These charges may involve possible time in a state prison, so it’s imperative to hire a skilled and diligent criminal defense attorney.
  • Boating and DUI: Operating a boat while under the influence of drugs or alcohol carry the same negative consequences as driving a vehicle and being intoxicated.
  • DMV DUI Hearing: It is imperative to act promptly in order to protect driving privileges. The hearing must be requested within 10 days of your arrest, otherwise the DMV will automatically suspend your driver’s license.

Beating a DUI charge is never easy, even if you have a strong defense, which is why it’s important to hire an experienced DUI Defense Attorney.

In DUI cases there can be numerous possible police errors, all of which can add up to helping reduce your charges. After reviewing the facts of your DUI case, our attorneys will concentrate on helping seek a dismissal or reduction by preparing a secure case that will cast doubt on any evidence the police may have obtained against you. The criminal defense lawyers at Sevens Legal Criminal Lawyers, believe every defendant deserves a zealous defense. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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The Steps of a Criminal Trialhttps://www.sevenslegal.com/blog/steps-criminal-trial/535/Thu, 28 Jun 2018 15:00:33 +0000https://www.sevenslegal.com/blog/steps-criminal-trial/535/During a criminal trial a jury examines the evidence presented by the defense and prosecution to decide whether a defendant committed a crime.During a criminal trial a jury examines the evidence presented by the defense and prosecution to decide whether, “beyond a reasonable doubt,” a defendant committed a crime. A fair trial allows for the government and the defendant to argue their sides of the case. And a fair trial starts with the selection of a fair jury.

Criminal Trial Phases


A criminal trial typically consists of six following phases:

  • Choosing a Jury
  • Opening Statements
  • Witness Testimony and Cross-Examination
  • Closing Arguments
  • Jury Instruction
  • Jury Deliberation and Announcement of Verdict

Today we will focus on the first phase, that of selecting a jury.

Choosing a Trial Jury

The first step then of a criminal trial is to select the jury. During jury selection, the judge, the prosecutor (representing the government), and the defendant (through his or her respective criminal defense attorney) will screen potential jurors from a pool of jurors.

During the jury selection process, the judge, prosecution, and defense team will ask potential jurors about any ideological predispositions or life experiences that may interfere with being able to remain unbiased during the case hearing. After questioning a jury is selected.

While jury duty might be a burden and might feel like a waste of time, for a defendant, the selection of a fair juror can mean the difference between a life sentence or freedom.

Fair Jurors for a Trial

The role of a juror is an important one. They alone can decide the future of the defendant on trial. A juror must hear the evidence presented during the trial, deliberate, and decide if the defendant is guilty or not guilty of the charged crimes. Because of this, an unbiased jury must be assembled.

The criminal court system has a system in place that allows for certain rights of a defendant during the juror selection process. This means that a defendant (through his or her attorney) is able to dismiss unfair potential jurors from the jury. The same rights are given to the judge and prosecution team. These rules allow for a fair jury to be selected by all parties that are involved in the case.

The goal of the juror selection process is to put together a jury that will only take into account the evidence presented during the trial so that, during juror deliberation, a fair decision will be made.

Trial Jury Pool Representative of the Community

To pick a fair jury, attorneys will need to have options for jurors. The jury pool (also known as a venire) is the collection of potential jurors assembled from the community. This jury pool is usually chosen via voter-registration lists. Once a person has registered to vote, they are also entered into a list that they can be “summoned” from for jury duty.

This jury pool is composed of a cross-section of the community that cannot intentionally exclude groups and cannot be based on race, gender, or religion. Examples of distinct community groups include:

  • African-Americans
  • Hispanics
  • Asian-Americans
  • Native Americans
  • Women

A jury pool will be selected randomly from all of these community groups. While it must not be an exact match of the community, it must representative of the community.

Voir Dire Questioning Potential Trial Jurors

Once a jury pool is formed the potential jurors are summoned to the courthouse on a particular day and time. The jury pool will wait in a room until they are called to a courtroom. Once in the courtroom, the jury selection process begins with questioning. This process of questioning potential to determine any potential biases is called “voir dire.”

Challenging a Juror for a Trial

During voir dire, the prosecution and defense will interview potential jurors to determine if there are biases that would prevent a juror from being impartial when it comes to deciding on a verdict. If an attorney, either for the prosecution or the defense, chooses to excuse a potential juror, he or she must use a “challenge,” which is a request to disqualify an individual from the jury.

A challenge for cause is when a request to dismiss a potential juror is based on a specific and stated reason. Typically this reason is because it’s been identified by the prosecution or defense that the potential juror has a potential or actual bias. Examples of reasons to challenge for cause include the following:

  • Exposure to negative pretrial publicity
  • Connection to law enforcement or the defendant
  • Victim in a similar case
  • Accidental exposure to the defendant while he was in custody

Attorneys usually are given unlimited challenges for cause. A court may also choose to dismiss a potential juror for cause without a challenge from an attorney.

Jurors can also be dismissed without stating a reason as part of a peremptory challenge. This challenge is usually based on an attorney’s experience and gut feeling when it comes to choosing a juror. There are typically limited amounts of peremptory challenges that an attorney is able to use during jury selection.

Potential jurors are not allowed to be dismissed due to a particular characteristic, such as race, ethnicity, and gender. This rule does not apply to challenges based on age or on mental and physical disabilities.

Alternate Trial Jurors

Once a jury is selected, alternate jurors are selected in case a regular juror needs to be replaced because of inability to perform jury duty. Alternate jurors are questioned and selected in the same manner as the regular jurors.

Input From Defendant

In terms of the defense’s side, a criminal defense attorney will make the ultimate decision about selecting jurors. But these decisions are not made without the defendant’s input.

Your criminal defense attorney will handle all of the questioning during the voir dire process because a defendant is not allowed to address the potential jurors. The only exception to this law is if the defendant is representing himself or herself.

It is never advised that a defendant represents himself or herself, and if you have been accused of a crime, you should immediately contact a criminal defense attorney.

If You Are Detained

If you are detained in jail, remember there are still ways to incriminate yourself. There are some general guidelines you should follow, including the following:

  • Do not discuss anything over the phone. This is often recorded and can be overheard.
  • Do not discuss with fellow in-mates. Remember that anyone in jail is looking for a way out. That could include providing information about you in order to improve their position with the state.
  • Do not make statements or answer questions without an attorney present.
  • Never waive your rights to something without first speaking with an attorney.
  • Know how to be steadfast with your requirement that an attorney be present during any interrogation or questioning.

Working with a Criminal Defense Attorney

Criminal charges can be complex, requiring much gathering of evidence and information. It’s highly advised that you work with an experience criminal defense attorney that will be able to advise you on the best defense. If you have been arrested and accused of a crime, you need to acquire and work with a criminal defense attorney such as Sevens Legal Criminal Lawyers. Once you have discussed the specifics of the allegations against you with your attorney, they will inform you of the strengths and weaknesses pertaining to your case, as well as any risk of conviction and punishment you may be facing.

A criminal defense attorney such as Sevens Legal Criminal Lawyers, can also negotiate a plea deal as well as decide to move forward with trial, while working constantly to make sure your best interests are served. At Sevens Legal Criminal Lawyers, every defendant has a right to our zealous defense. Contact Sevens Legal Criminal Lawyers, today for a free consultation. Our firm award winning attorneys provides hope and peace of mind. The Sevens Legal Criminal Lawyers office is located in both San Diego and Escondido. We have time and time again helped Southern California residents get their cases dismissed or penalties reduced. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Marijuana DUIhttps://www.sevenslegal.com/criminal-attorney/marijuana-dui/828/Thu, 21 Jun 2018 15:00:33 +0000https://www.sevenslegal.com/criminal-attorney/marijuana-dui/828/If you get pulled over for a Marijuana DUI you should know there's no established way to tell when a driver is impaired by marijuana.If you get pulled over for a “Marijuana DUI” you should know there’s no established way to tell when a driver is impaired by marijuana.

No “Breathalyzer” for Marijuana Impairment

When a person is pulled over for suspected alcohol impairment, an officer will do a field sobriety test which usually includes a Breathalyzer. Blow over the legal limit and you’ll be taken in. While it’s a little more black and white for alcohol, there is no similar test for marijuana.

Testing for the presence of marijuana can be especially difficult because unlike Alcohol and other drugs, blood and urine tests can still detect Marijuana in a person’s blood stream several weeks after the drug has been consumed, making it impossible to determine if THC has been consumed within hours of driving.

So how do police test for THC impairment by drivers in California? They start with a field sobriety test. If you fail, that gives them probable cause to arrest you.

Marijuana Field Sobriety Test

If a California officer believes you are driving under the influence of Marijuana and pulls you over, their first course of action will usually be a field sobriety test.

A field sobriety test is a series of exercises administered by police during Marijuana DUI investigations to help determine if a driver is impaired. California law enforcement officials rely on field sobriety tests to determine whether or not to arrest a person who is suspected of driving under the influence.

There are different types of field sobriety tests used by California officers. The three “standardized” tests are the “horizontal gaze nystagmus test”, the “walk and turn test”, and the “one-leg stand.” We outline all of them below.

Horizontal Gaze Nystagmus Test

  • This test is more commonly described as the “eye follow” test. The test is usually administered by an officer moving an object, usually their own finger, from side to side in front of a person’s face. The person will then follow the object with their eye. Officers use this as a way detecting an involuntary jerking of the eye associated with high levels of intoxication. A person’s eye will reportedly jerk naturally after being strained beyond a 45 degree angle. If the eye begins moving or jerking before getting to that 45 degrees, it can indicate that a driver is under the influence. CA police officers can reference this reaction as evidence.
  • The National Highway Traffic and Safety Administration (NHTSA) estimates this tests is 77% reliable.

Walk and Turn Test

The walk and turn test, also known as “walk the line” is meant to split the suspects attention between physical and mental tasks. An officer administers this test by asking the suspect to “walk the line.” While observing if any of the following occur:

  • Loss of balance
  • Wrong number of steps
  • Inability to stay on the line
  • Breaks in walking
  • Beginning before instructed

NHTSA estimates that this test is effective 68% of the time.

One Leg Stand Test

During the “one leg stand” an officer will instruct the suspect to raise his or her foot, hold still, count, and look down. This test is meant as another way to split a suspect’s attention. An officer may arrest the suspect if any of the following behaviors are observed:

  • Swaying
  • Hopping
  • Putting foot down

NHTSA estimates that this test is effective 65% of the time.

Additional Test: Blood, Breath, Or Urine

In California, if an officer has probable cause to believe that you were driving under the influence, you will have to take at least a blood, breath, or urine test. This is part of California’s “implied consent” law which requires all drivers lawfully arrested for a DUI to submit to chemical testing to determine either blood alcohol concentration (BAC) or the amount of drugs in the person’s system.

A urine test is not common, but if officers are unable to administer a blood or breath test, you are required to take a urine test. California law generally allows the driver to choose between a blood or breath test. But if neither a blood or breath test is available, the driver must take a urine test. (People who have hemophilia or are taking anticoagulants for a heart condition cannot be required to take a blood test. They will instead need to submit to urine testing.)

For Marijuana, using blood, breath, or urine tests to determine whether a person is under the influence of THC at the time they were driving can be inaccurate and misleading because of the way marijuana reacts in the system. Because THC is held in your body’s fat, you can still test positively up to two weeks - or even longer - after using it. The tests are unable to determine whether Marijuana was consumed within the last few hours versus days or weeks prior to being pulled over.

New Saliva Drug Swab Test

Officers in Los Angeles are now using a third method of testing - using drug swabs at DUI checkpoints. The test is roughly eight minutes long and uses a person’s saliva to detect THC, crystal meth, methadone, cocaine, and several other prescription medications.

The accuracy of these tests is still unclear. The test works by detecting trace amounts of drugs in the suspect’ saliva, but there can be traces of some drugs in your saliva up to three days after consuming them. This grey zone leaves plenty of room for doubt in a court room, as it would be nearly impossible to prove without a shadow of a doubt in a court room that a person was under the influence of Marijuana at the time they were driving solely based on a saliva drug swab.

Lawful Arrest

For an arrest to be lawful and hold up in a courtroom, the officer who stops you must have probable cause to believe you are driving under the influence of alcohol or drugs.

An arresting officer is required by law to explain the consequences of refusing any of the above test methods. If you do not subject to a test, you’ll be fined, lose your license, and face jail time if convicted of a DUI. The officer must also explain you don’t have the right to speak to an attorney prior to taking the test and that a test refusal can be used against you in court.

What’s “Illegal” when Driving in California?

When driving in California, you should be aware of the fact that the following points are illegal:

  • Drivers under the age of 21 are prohibited from transporting or carrying unsealed wine, liquor, or beer, in their vehicle if they are driving alone. Exceptions are if it is work-related.
  • Drivers under the age of 21 are prohibited from driving with a blood alcohol concentration (“BAC”) of 0.01 or higher.
  • Drivers under the are of 21 are prohibited from consuming any form of alcohol, including prescription drugs or cough syrup.
  • Any driver or any age is prohibited from driving with a BAC of 0.08 or higher. A BAC of 0.08 is the standard measurement all states use in order to establish whether a driver is impaired.
  • The driver of any vehicle requiring a commercial driver’s license is prohibited from driving with a BAC of 0.04 or higher.
  • A driver under the age of 18 is prohibited from driving with ANY measurable BAC.
  • Repeat offenders are prohibited from driving with a BAC of 0.01 or higher.

Although these laws are specific to California, the same DUI laws are similar in states throughout the United States.

If you are arrested and face a conviction for DUI, you need to work with a criminal defense lawyer such as Sevens Legal Criminal Lawyers. Once you have discussed the specifics of your cast with a Sevens Legal Criminal Lawyers, attorney they will let you know about your case’s strengths and weaknesses, as well as the punishment you may face and your risk of conviction. Your defense attorney will also be able to discuss any plea deal as well as whether it would be best to move forward to a trial, taking into consideration your best interests.

The criminal defense attorneys at Sevens Legal Criminal Lawyers, believe every client has a right to the best defense possible. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Dropping Charges in Criminal Caseshttps://www.sevenslegal.com/blog/dropping-charges-criminal-cases/522/Thu, 14 Jun 2018 15:00:09 +0000https://www.sevenslegal.com/blog/dropping-charges-criminal-cases/522/What exactly does the term the charges were dropped mean? And what does that mean for you if you have been accused of committing a crime?It’s a phrase that gets thrown around a lot on TV and in movies: “the charges were dropped.” But what exactly does that mean? And what does that mean for you if you have been accused of committing a crime?

Criminal Cases and Dropping Charges


The most important thing that needs to be defined when talking about “dropping charges,” is who exactly is able to top charges. Surprisingly, it is not the victim - it is the government and typically the office of the district attorney, attorney general, or other local authority where the crime occurred-that actually brings the charges.

While a victim is able to file a complaint against the accused, they can also choose to no longer participate in the case, and thus request that the charges be dropped. Even if a victim requests that charges be dropped, it will be up to the prosecutor to decide if the government will drop the charges against the accused.

Why Drop Charges?

Not all criminal charges lead to trial. Sometimes a defendant will enter a plea bargain for reduced sentences or the prosecutor will decide to drop charges. This can happen for any number of reasons.

Why a Victim Might Want to Drop Charges

When a victim decides they no longer want to participate in the case against the defendant, it can be for any number of reasons, including the following:

  • The victim may be afraid of the accused.
  • The victim may love the accused and want to maintain a relationship with him or her. (This is common in domestic violence cases).
  • The victim may come to the conclusion that he or she identified the wrong person.

When a victim changes his or her story in a meaningful way, he or she could face charges of filing a false police report. If this is the case, it would be advised that he or she contact a criminal defense attorney that can help ensure that no charges are brought.

Why a Prosecutor Might Want to Drop Charges in a Criminal Case

A prosecutor, just like a victim, might have cause to drop charges for any number of reasons. These include the following:

1. If a victim refuses to participate in the case and wants to drop charges, a prosecuting attorney may be forced to drop the charges.

2. New, credible witnesses come forward and refute the current witnesses’ stories.

3. The defense has enough evidence to sway a jury in their favor, and thus the prosecution has a weakened case.

4. Physical evidence against the accused is weak.

5. New evidence exonerates the accused. A common example of this is newly discovered DNA evidence that was not available when the crime occurred.

6. The prosecutor may drop more serious charges in exchange for a guilty plea to lesser charges.

The prosecution’s best evidence has been ruled inadmissible. (This can happen if the evidence was obtained without a valid warrant, and which is why it is important for any one to know their rights revolving around warrants and here obtaining of warrants)

Know Your Rights

On TV, or in movies, you often hear that a police officer needs a “search warrant” to enter a home. That’s exactly correct. A search warrant allows an officer the legal right to enter a home or business to look for evidence. Typically a search warrant will include everything contained in the property’s perimeter, including outbuildings and automobiles that are on the property.

An officer is required to knock, announce himself, and use force to enter unless the warrant specifically states the officer can make an unannounced entry. Also, a police officer does not have to “wait” for admittance by the occupant.

The police officer also does not need to display the warrant to the occupant or owner before entering.

Under the search warrant, an officer cannot search the person of anyone found on the premises unless there is reasonable cause to believe that person is engaged in criminal activity or poses a threat to officer safety.

Grounds for Police Issuing Search Warrant

Under California law, these are the requirements for issuing a search warrant:

  • The property was stolen or embezzled
  • The property to be seized is evidence that a felony has occurred or that a particular person has committed a felony
  • The property is child pornography
  • There is a warrant to arrest a person
  • The property to be seized is in possession of someone who intends to use it to commit a crime, or the property is in possession of another person to whom he/she may have delivered it for the purpose of concealing it or keeping it from being discovered
  • A firearm or other deadly weapon was used at the scene of a crime
  • A mentally disturbed person is in possession of a firearm
  • A person subject to a protective order or restraining order is in possession of a firearm and refuses to relinquish it
  • During an investigation of certain misdemeanor crimes where a felony is also suspected
  • An investigator has shown probable cause to a judge.

A Note About Exemptions: Attorneys, doctors, psychologists, and clergy are exempt from searches of professional records that might be in their possession unless they are suspected of criminal activity themselves.

Miranda Rights and Police

In 1966, the U.S. Supreme Court ruled in Miranda v. Arizona, that individuals arrested because they are believed to have committed a crime are allowed certain rights that must be explained to them. This must happen before any interrogation. It’s important to note that these rights only need to be read when a person has been taken into custody. “Miranda Rights” are meant to protect a suspect from self-incrimination and is protected under the Fifth Amendment of the U.S. Constitution. Those “Miranda Rights” are as follows:

  • You have the right to remain silent and refuse to answer questions.
  • Anything you say may be used against you in a court of law.
  • You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
  • If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.

If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

Interrogations by Police

Regardless of if you are informally interrogated by a police officer (such as during a pullover for a traffic violation) or formally interrogated for a crime, remember that there are specific laws that protect you. An officer will use any number of tactics to get a confession from you, regardless of you are guilty or not. It has been shown in clinical research that these tactics are effective in getting confessions from people who are later exonerated by DNA, and thus have always been innocent.

There are two key things to remember if you are being interrogated:

1. Interrogations are set up and conducted to produce confessions - even from the innocent.

2. The best way to protect yourself is to remain quiet about anything. Do not make a statement without first talking to a criminal defense attorney. The best way to not incriminate yourself is to not say anything at all.

If You End Up In Jail

If you are detained in jail, remember there are still ways to incriminate yourself. There are some general guidelines you should follow, including the following:

  • Do not discuss anything over the phone. This is often recorded and can be overheard.
  • Do not discuss with fellow in-mates. Remember that anyone in jail is looking for a way out. That could include providing information about you in order to improve their position with the state.
  • Do not make statements or answer questions without an attorney present.
  • Never waive your rights to something without first speaking with an attorney.
  • Know how to be steadfast with your requirement that an attorney be present during any interrogation or questioning.

Jail and Bond

Unless you are dealing with a minor charge, your bond will probably not be set until you appear before a judge during an arraignment. An arraignment is the first part of courtroom-based proceedings. This is what happens during an arraignment:

  • The person charged goes before a criminal court judge
  • The judge reads the charges against the person
  • The judge asks the person if he or she has an attorney or if they need the assistance of a court-appointed attorney
  • The judge asks the person if they will plead “guilty,” “not guilty,” or “no contest.”
  • The judge sets a bail amount, if necessary
  • The judge announces the date of the future proceedings, such as a preliminary hearing, pre-trial motion, or trial.

During an arraignment, you want to make sure you have the best possible outcome from your case. Ensure that you understand everything that you are being charged with. Make sure you have received counsel.

Working with a Criminal Defense Attorney

Criminal charges can be complex, requiring much gathering of evidence and information. It’s highly advised that you work with an experience criminal defense attorney that will be able to advise you on the best defense.

If you or loved ones is accused or charged with any type of crime call us. Let us support and help you during this tough time. Our firm award winning attorneys provides hope and peace of mind. The Sevens Legal Criminal Lawyers office is located in both San Diego and Escondido. We have time and time again helped Southern California residents get their cases dismissed or penalties reduced.

Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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SAMANTHA A. GREENE ACHIEVES BOARD CERTIFICATION IN CRIMINAL TRIAL LAW BY THE NATIONAL BOARD OF TRIAL ADVOCACYhttps://www.sevenslegal.com/awards/samantha-a-greene-achieves-board-certification-in-criminal-trial-law-by-the-national-board-of-trial-advocacy/823/Wed, 13 Jun 2018 18:02:39 +0000https://www.sevenslegal.com/awards/samantha-a-greene-achieves-board-certification-in-criminal-trial-law-by-the-national-board-of-trial-advocacy/823/For Immediate Release June 13, 2018

Samantha A. Greene - Criminal Defense Attorney in San Diego ATTORNEY SAMANTHA A. GREENE ACHIEVES BOARD CERTIFICATION IN  CRIMINAL TRIAL LAW BY THE NATIONAL BOARD OF TRIAL ADVOCACY

SAN DIEGO, CA - SAMANTHA A. GREENE -The National Board of Trial Advocacy (NBTA) is pleased to announce that Samantha A. Greene of the law firm, Samantha A. Greene has successfully achieved Board Certification as a criminal trial advocate. The NBTA was formed out of a strong conviction that both the law profession and its clients would benefit from an organization designed specifically to create an objective set of standards illustrating an attorney’s experience and expertise in the practice of trial law.

Samantha A. Greene, joins a growing number of trial attorneys that have illustrated their commitment to bettering the legal profession by successfully completing a rigorous application processand providing the consumer of legal services with an objective measure by which to choose qualified and experienced legal counsel.

The elaborate screening of credentials that all NBTA board certified attorneys must successfully complete includes: demonstration of substantial trial experience, submission of judicial and peer references to attest to their competency, attendance of continuing legal education courses, submission of legal writing documents, proof of good standing and passing of an examination.

Board Certification is the highest, most stringent, and most reliable honor an attorney can achieve. Board certifications are the only distinctions awarded by non-profit organizations. The NBTA as well as all board certifying organizations are committed to safeguarding the public’s ability to choose a good attorney.

Samantha A. Greene earned his/her undergraduate degree in criminal justice. She is a graduate of Univ of California Santa Barbara; CA. Samantha A. Greene is licensed to practice in California. She is a criminal law specialist in california.

Approximately three percent of American lawyers are board certified, and Samantha A. Greene is a member of a very select group who has taken the time to prove competence in their specialty area and earn board certification. For more information on Attorney Samantha A. Greene, please visit: www.sevenslegal.com and www.nbtalawyers.org

National Board of Trial Advocacy (NBTA)
Certifications in: Civil, Criminal, Family Law,
Social Security Disability & Civil Pretrial
850 Franklin Street, Suite 8
Wrentham, MA 02093
Phone 508.384.6565
Fax 508.384.8223
www.nbtalawyers.org

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White Collar Crimeshttps://www.sevenslegal.com/criminal-attorney/white-collar-crimes/353/Thu, 07 Jun 2018 15:00:03 +0000https://www.sevenslegal.com/criminal-attorney/white-collar-crimes/353/White Collar Crimes are used to refer to non-violent crimes involving money or property, such as bribery, perjury, insurance fraud, and computer crime.In the 1930’s the term “White Collar Crime” was first used to refer to non-violent crimes that were being prosecuted. Frequently crimes were charged as a white collar crime if a more serious, violent crime, wasn’t able to be proved. Over the years several crimes have fallen into this category.  

What Are White Collar Crimes?

In California, white collar crimes fall under the prosecution of the District Attorney, Federal Government, or local prosecutor’s office. These crimes are mostly non-violent crimes involving money or property that have been entrusted into an employee’s hands. The most common white collar crime is embezzlement, which usually involves charging a person in an organization who is in a position of trust. Frequently these persons are accountants, bookkeepers, payroll accountants, and similar persons dealing with a company’s financial matters.

White collar crimes, like other types of crime, are charged the same. Persons allegedly accused of these types of crimes have the same protection and legal defense as in other crimes. The difference is that the legal theories and principles are more complicated and require vast amounts of paper and other documents as evidence. Many times the suspect of the criminal investigation will make what they consider an innocent statement, not realizing that this statement may seal their fate. Unless the alleged suspect makes a statement, the investigators aren’t able to show the intent or mental state required to press charges. Many times the alleged suspects are subpoenaed by a grand jury in order testify about any involvement in the particular white collar crime. In order to protect their rights, they should have proper legal representation by a white collar crime defense attorney.

The “Arrest to Expungement” Criminal Process

The punishments for white collar crimes can vary depending on the type. Depending on the seriousness of the fraud, or how complicated the illegal plan was, chances are likely the government will want to impose extensive prison time.

Whether a white collar crime is charged as a felony or misdemeanor, the process of how it’s treated is usually the same. The investigation of fraud cases usually take a significant period of time before the case is referred to prosecutors for criminal filing. Because of this, a defense attorney experienced with white collar crimes can intervene before charges are filed in an effort to reduce the charges or even stop the charges from being filed.

Once the investigation has been completed, the police normally will request an arrest warrant. If a judge decides that probable cause for the crime exists, the warrant will be issued. Once the warrant has been served and the person is in custody, they will remain there until they have posted bail.

The prosecutor will usually file a motion, as established in Penal Code Section 1275, which requires that the prosecutor inspect where the money is coming from that will be used to post bail. It stipulates that the bail money must not come from illegally obtained funds or from money associated with the alleged embezzlement or theft by false pretenses.

After the alleged suspect has posted bail and been released, the court will schedule a date for an arraignment, which is the hearing where the judge will formally let the alleged suspect know the charges against them in the complaint, which has been filed by the prosecutor. Once the charges have been given, the person is asked to enter a guilty or not guilty plea. If the plea is not guilty, the case proceeds to the next stage. During the arraignment, the bail will also be discussed.

Once the arraignment is over, if the case has been charged as a felony the judge will either set the case for an early disposition court or a preliminary hearing. If it’s charged as a misdemeanor, the judge will set it for pre-trial in order for the discovery process to begin.

With a felony, the preliminary hearing must happen within ten days after the arraignment. At this hearing, evidence will be provided and the judge will decide if there is enough probable cause to establish that a crime was committed. The judge will also decide if the person who has been charged is the alleged suspect who committed the white collar crime.

If the judge decides there is probable cause for the charge, the case will proceed to the felony arraignment phase ten days after the preliminary hearing has been completed. At the arraignment at the Superior Court the felony charges will be listed and the defendant is given their constitutional rights and formally given the charges against them. At this point the defendant enters another plea of guilty or not guilty. Bail will again be addressed, and a date will be set for trial within 60 says.

The next court appearance is what’s called a pre-trial conference, where the prosecution, the defense, and judge, meet and discuss the case. Plea negotiations and any additional discovery is shared between opposing counsels. It’s possible to resolve the case at this point, but otherwise it will move forward to the actual trial.

The jury trial is where 12 jurors decide if the charges are valid. Whether the case is charged as a misdemeanor or felony the defendant is entitled to a trial by jury. After all the admissible evidence has been presented, the jury will decide on the guilt or innocence of the person charged with the crime. In order for the person to be found guilty, all 12 jurors must unanimously agree, beyond a reasonable doubt, that the defendant committed the crime.

If found guilty, a sentencing trial will be set for the defendant, where their punishment will be imposed by the court.

If the jurors do not vote unanimously, the judge will determine the case to be hung, and at his discretion may either decide to retry the case or dismiss it.

If the jurors unanimously agree that the defendant did not commit the crime, or the prosecutor did not prove their case, the defendant will be found innocent, or not guilty, and the case will end.

If the verdict is guilty, the defendant’s case can be appealed to a higher court on legal or procedural grounds. If the conviction is upheld, after serving a certain amount of time and/or serving a probationary period, the defendant may request the charges be expunged. This means a judge can reverse their guilty verdict and discuss the case under Penal Code Section 1203.4.

Other Types of White Collar Crimes

Being charged with a white collar crime and being arrested or convicted can have devastating effects for a professional. Once the charges are filed, the government can immediately invoke forfeiture laws to take away the suspect’s home and property. The charges can also have significant impacts on the accreditation and licensing of the professional.

Other white collar crimes, and the applicable penal code section that deals with them, includes:

  • Extortion - Penal Code Section 520
  • Receiving Stolen Property - Penal Code Section 496(b)
  • Forgery - Penal Code Section 484i
  • Credit Card Fraud - 484e
  • Embezzlement - Penal Code Section 487(a) or Penal Code Section 504
  • Health care fraud
  • Identity Theft - Penal Code Section 530.5(a)
  • Extortion - Penal Code Section 518
  • Workers Compensation Fraud
  • Bribery - Penal Code Section 67 PC or Penal Code 68 PC
  • Commercial burglary - Penal Code Section 459
  • Insurance fraud - Penal Code Section 550
  • Mail fraud - Penal Code Section 530.5(e)
  • False Financial Statement - Penal Code Section 532a(1)
  • Income tax fraud
  • Computer Access and Fraud - Penal Code Section 502(c)
  • Money laundering
  • Perjury - Penal Code Section 118
  • Insider trading
  • Financial crimes
  • Grand theft - Penal Code Section 487(a)
  • Possession of fraudulent access cards
  • Mortgage fraud
  • Welfare Fraud - Welfare and Institutions Code Section 10890(C)(2)

White Collar Crime of Embezzlement

The white collar crime of embezzlement, which has increased in the last 10 years, is usually prosecuted by a District Attorney or United States Attorney. Embezzlement is committed by a person when they have been given the permission or responsibility to oversee the property or money of another person and then takes that money or property for their own use. This crime can be the theft of money by an employee at an accounting firm or a bank.

Like many crimes, embezzlement can either be charged as felony or misdemeanor. Penalties could include fines and restitution, jail, or even a prison sentence. As with other white collar crimes, for people charged with embezzlement it may be the first time they’ve been involved with the criminal justice system. Once an individual becomes aware they are being investigated by the government, it’s imperative that they hire a white collar criminal defense attorney as soon as possible in order for them to meet with investigators to convince them not to file the charges.

White Collar Crime of Bribery

The white collar crime of bribery is when a person illegally gives somebody else something of value, such as money or services, in order to encourage them to change their opinion or give you something in return that they would not normally give without being bribed. Both the person giving the bribe and the person receiving the bribe can be charge with the crime of bribery.

White Collar Computer Crime

Due to the advancement in technology, computer crimes have significantly increased in the past few years. A computer crime occurs when somebody accesses the Internet and sends a virus, hacks another person’s computer or network, or uses somebody else’s computer without having their permission.

White Collar Crime of Extortion

Extortion is committed by the use of fear or threat of violence toward somebody in order to take their property. It can occur whether the violence actually occurs or whether it’s just the threat of being harmed.

White Collar Crime of Forgery

Forgery is when somebody alters or creates some type of written object and then uses it in order to commit fraud. The object can any financial instrument such as a credit card or check.

White Collar Crime of Fraud

Fraud is committed when somebody knowingly misrepresents something in order to gain some type of benefit for themselves or for somebody else’s benefit. This type of white collar crime can happen if somebody falsifies a statement or object in order to gain valuable goods or services.

White Collar Crime of Insurance Fraud

Insurance fraud is often committed by business professionals, doctors, lawyers, chiropractors, and others who can make claims for damages or injuries that never really occurred. With this crime, the prosecutor’s goal is to prove the owner of the policy holder intended to defraud the insurance company in order to receive money they weren’t entitled to. Prosecutions in medical insurance fraud has also had a significant increase. Many times doctors and dentists have served prison terms after being convicted of such fraud against Medical and Dentical. Chiropractors also have been prosecuted for alleged false or misleading insurance billing. Crimes such as these are prosecuted by the Attorney General’s, District Attorney’s, or United States Attorney’s Office. Medical insurance fraud prosecutions normally begin when a search warrant is issued against the professional offices of a chiropractor, dentist, or doctor to produce documents. Many of these high profile medical fraud cases against medical professionals are prosecuted by a Medical Insurance Fraud Defense Attorney.

White Collar Crime of Larceny

Larceny is the taking of somebody else’s goods or property with the specific intent of not returning it to it’s rightful owner. It can be charged as either a misdemeanor or a felony depending on the value of the crime. If the theft is under $400 it’s a misdemeanor; if over $400 it’s a felony.

White Collar Crime of Perjury

Perjury has recently been classified as a white collar crime. It’s committed when somebody intentionally lies under oath either written or orally. This can either be in a court by making a false statement under oath, or by making a written false statement when they understand the seriousness of the proceedings and lies anyway. Perjury is a felony and is punishable by up to 3 years in state prison.

White Collar Crime of Tax Evasion or Tax Fraud

The crime of tax evasion is when somebody intentionally fails to claim property or income of a certain value on their income tax return. This crime can be prosecuted either at the Federal or state level, and can result in lengthy prison sentences if convicted. If you think you’re being investigated for a white collar crime, or have been arrested and accused of a white collar crime, it’s imperative that you retain a white collar crime criminal defense attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Morgan Freemen Accused of Sexual Assaulthttps://www.sevenslegal.com/blog/morgan-freemen-accused-of-sexual-assault/815/Thu, 31 May 2018 15:00:11 +0000https://www.sevenslegal.com/blog/morgan-freemen-accused-of-sexual-assault/815/Morgan Freeman is the latest actor to be accused of of sexual harassment or inappropriate behavior.

Morgan Freeman Latest Actor of Sexual Assault Accusation

Freeman, 80, is the latest in a long string of actors to be accused of sexual harassment in Hollywood. A report released detailed a pattern of inappropriate behavior by Freeman. Reports of sexual misconduct while on set, while promoting his movies, and also while at his production company Revelations Entertainment, have all been made by several women. A total of sixteen people stepped forward - eight women who said they were subjected to inappropriate behavior from Freeman as well as eight others who allege they witnessed the behavior. Freeman’s accusers say the actor made obscene comments about women’s bodies and would also look them up and down and stare at their breasts. Two women went on to say Freeman also touched them. Reporter Chloe Melas alleges that Freeman harassed her at a press junket. In light of the allegations, Freeman released a statement: “Anyone who knows me or has worked with me knows I am not someone who would intentionally offend or knowingly make anyone feel uneasy. I apologize to anyone who felt uncomfortable or disrespected - that was never my intent.”

Recent Lifetime Achievement Award

The prominent actor has been nominated for five Oscars, winning one best-supporting actor in 2005 for his role in “Million Dollar Baby,” and is known for playing “God” on more than one occasion. This past January the Screen Actors Guild presented Freeman with its coveted lifetime achievement award. The organization is now considering revoking the award. “Any accused person has the right to due process, but it is our starting point to believe the courageous voices who come forward to report incidents of harassment,” a SAG-AFTRA spokesperson said. “Given Mr. Freeman recently received one of our union’s most prestigious honors recognizing his body of work, we are therefore reviewing what corrective actions may be warranted at this time.”

What is “Sexual Assault”

Sexual assault is defined as any type of sexual contact or behavior that occurs without the explicit consent of a recipient. Included under the term sexual assault are the following: forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape.

What is Rape? Penal Code Section 261 PC

When they hear the term rape, many people create a mental image of an assault committed by means of violent physical force. The reality is, however, that rape is any non-consensual sexual activity, including those accomplished without physical means, using such methods as drugs or guile. Any form of sexual conduct forced on a person against their will through means of violence, menace, duress, fear of injury, or other danger is rape under California law.

There are a number of statutes in California that pertain to rape, all of which are among the most serious of criminal offenses with which an individual can be charged.

The most common type of rape (Penal Code Section 261 PC) is defined as criminal offense that involves nonconsensual sexual intercourse by means of threats, force, or fraud. At its core, this form of rape involves vaginal or anal penetration that includes force by instrumentation on someone, conscious or unconscious, or on any victim unable to consent.

Date Rape

Date rape charges are also filed under Penal Code Section 261 PC. Cases of this nature can sometimes be highly contested between the victim and the accused with the difference between a conviction and an acquittal depending on who the jury believes. The question of if sex took place is often not questioned, but rather was the sex consensual or not? Most of these cases do not involve force or injury to the victim. Often, they are cases of “he said, she said” with the defendant having the greatest stake in the outcome.

Other Forms of Rape:

  • Penal Code 262 PC “Spousal Rape.”
  • Penal Code 261.5 PC “Statutory Rape.”

Other forms of rape warrant their own specific statutes in state law. Examples include:

  • Penal Code 262 PC “Spousal Rape.” Anyone who has intercourse with their spouse without their consent and does so with force or threat, and for sexual pleasure or arousal, is guilty of violating California Penal Code 262.
  • Penal Code 261.5 PC “Statutory Rape.” Anyone who knowingly has intercourse with a minor can be found guilty of Statutory Rape. A minor is defined as anyone under the age of 18.

Penalties for Rape

Rape is one of the most serious criminal charges that a defendant may face. A case may be highly complex because of circumstances that are difficult to explain and understand. The penalties for these offenses are harsh and conviction includes lifetime sex offender registration.

Addressing False Rape Accusations

Sexual assault crimes are taken very seriously by the law. If you have been falsely accused you might assume that the charges will just be dropped because of how ludicrous they are to you. But take this case for example - and the wide-reaching effects that it had on just members of the fraternity associated with the rape allegations. These types of allegations do not just “go away,” and you will need to be prepared if you are falsely accused.

Here are some things you can do:

  1. Do not speak with police or investigators until you have contacted a criminal defense attorney. They might try different tactics to get you to admit to a crime you did not commit. Remember that they are always trying to build a case. Simply state that you will not speak with them unless there is an attorney present.
  2. Get in touch with a qualified and experienced criminal defense attorney. You’ll want to do this as soon as possible, even if you just expect the charges to be dismissed.
  3. Prepare for what the allegations might bring. You will be asked to defend yourself, so you’ll need to be prepared. This means contacting witnesses that can testify or provide an alibi for you. You might also need to take psychological tests, or be asked to provide other evidence. Write down as many details as possible about what you remember.
  4. Study. A criminal defense attorney will be able to guide you through fighting the allegations, but it’s in your best interest to understand the legal process and know your rights.

You will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal Criminal Lawyers.

If You Get Arrested for a Sex Crime

In 1966, the U.S. Supreme Court ruled in Miranda v. Arizona, that individuals arrested because they are believed to have committed a crime are allowed certain rights that must be explained to them. This must happen before any interrogation. It’s important to note that these rights only need to be read when a person has been taken into custody. “Miranda Rights” are meant to protect a suspect from self-incrimination and is protected under the Fifth Amendment of the U.S. Constitution. Those “Miranda Rights” are as follows:

  • You have the right to remain silent and refuse to answer questions.
  • Anything you say may be used against you in a court of law.
  • You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
  • If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
  • If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

Why Work with a Criminal Defense Lawyer?

When faced with serious penalties or spending time in jail or prison, you need to retain a criminal defense lawyer to represent you in court. If you are facing an assault or battery charge, or a theft charge, a criminal defense attorney will investigate your case’s specifics and determine if you were wrongfully charged. They also will be able to identify if there are any other existing reasons for why the case should be dismissed before it goes to trial. If the charges are not dismissed before trial, a criminal attorney may be able negotiate a plea bargain with the prosecutor on your behalf. If a plea bargain cannot be negotiated, a criminal defense attorney will prepare your defense and represent you at trial.

After you have discussed the specifics of your case, your Sevens Legal Criminal Lawyers, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal Criminal Lawyers, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.

Sevens Legal Criminal Lawyers, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal Criminal Lawyers, criminal defense lawyers, call (619) 494-3440. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Memorial Day Drunk Driving Chargeshttps://www.sevenslegal.com/criminal-attorney/memorial-day-drunk-driving-charges/616/Thu, 24 May 2018 15:00:40 +0000https://www.sevenslegal.com/criminal-attorney/memorial-day-drunk-driving-charges/616/Big weekends like Memorial Day the San Diego County Sheriff's Department and National Highway Traffic Safety Administration team to keep San Diego's roads.Typically over big weekends like Memorial Day weekend the San Diego County Sheriff’s Department will team up with the National Highway Traffic Safety Administration to keep impaired drivers off San Diego’s roads. If you received a DUI this past holiday weekend, you’ll want to know what your next steps are - namely how to contact a DUI defense attorney.

If You Were Pulled Over on Memorial Day

If you were pulled over for impaired driving, you’ll want to know what you are facing. Below we outline the steps of a DUI investigation in addition to what you can do if you are facing DUI charges.

Steps to Investigating DUI Charges

The first step in a DUI investigation is being pulled over by a police officer, which can be scary. If this was you this past weekend, you probably anticipated the typical question an officer asks: “Have you had anything to drink today?”

Since the officer can’t force you to answer any questions that could be considered incriminating, the best answer might be to tell them you prefer to speak with a DUI attorney before answering their questions. Having a blood alcohol (“BAC”) content under 0.08 is not considered driving under the influence. Admitting that you may have had one beer just explains why your breath smells of alcohol.

The second step in a DUI investigation are field sobriety tests. California does not give you the right to consult an attorney prior to these tests, but you can still politely decline to take them since you are not legally required to submit to these tests. The risk of these tests is that if an officer takes a subjective view they could decide you failed even though the test results were borderline. These results could then be used to convict you for a DUI.

However, if a police officer genuinely suspects you are intoxicated, chances are good you won’t get away with a warning.

The next step in a DUI investigation is the Preliminary Alcohol Screening (PAS) test. This test is normally a breathalyzer test, which is a chemical test prior to being arrested. A breathalyzer test is the most common one used by police officers to identify drivers driving under the influence. Breathalyzer tests are also used after an arrest as well. Before actually being arrest, you have the right to refuse to take the breathalyzer test. If you are afraid your blood alcohol level is high, you can take it knowing the possibility exists of later impeaching the test results.

If you have been lawfully arrested for DUI, the law requires you to undergo the administration of a chemical test by a police officer to determine your blood alcohol level (“BAC”).

According to California’s “Implied Consent Law” you are required to submit to chemical testing to determine your BAC if a police officer arrests you for DUI and the officer has probable cause to believe you were driving under the influence.

After being arrested, often you can chose either the breathalyzer or chemical tests. The breathalyzer is fairly reliable, but the results aren’t for a number of reasons. Breathalyzer tests don’t test for blood alcohol concentration (“BAC”), which requires a blood sample be taken to be analyzed. Because of this, the police will indirectly make an estimate of your BAC.

Blood Test to Confirm DUI

The most accurate tests to determine BAC are blood tests. Because of this, if given the choice you should choose a blood test if you feel your BAC is under the legal limit of 0.8.

Also, your blood sample must be preserved under a specific set of rules that will then be available for your attorney’s use in order for their later independent testing and analysis.

Although you can’t be forced to take a chemical blood test, if you refuse the Department of Motor Vehicles will suspend your California Driver’s License for one year, no matter what the outcome of the DUI case against you. You can request a hearing to contest the suspension, but it must be requested within 10 days from your DUI arrest date.

Speak to a San Diego DUI Lawyer Today

Call our skilled attorneys at Sevens Legal Criminal Lawyers for a free consultation today to explore your options if you have been arrested for drunk driving in San Diego County. DUI/DWI charges carry stiff penalties that can be financially devastating and may include jail time and the suspension of your license for a year or more. With over 40 years of collective experience dealing with criminal defense and DUI/DWI cases, the attorneys at Sevens Legal will bring to your situation a wealth of expertise and a track record of countless courtroom successes.

Understanding Your Rights

It is important to fully understand your rights in a DUI/DWI case and our attorneys will ensure that you are well educated on the process and procedures of your defense. Through aggressive litigation our attorneys will represent you to the best of their abilities and will not rest until you are back on the road.

We Represent All Types of DUI Cases

Whether you are a first time offender, are facing your second or third offense, a felony or aggravated DUI or a DUI related vehicular manslaughter, the attorneys at Sevens Legal Criminal Lawyers will represent you in a court of law. Laws surrounding drinking and driving and blood alcohol concentration (BAC) may vary depending on state, and California has developed a no-tolerance policy towards DUI offenders. In 1990, the 0.08% blood alcohol concentration (BAC) limit was established in the state of California and still stands 24 years later. According to the California Department of Motor Vehicles, it is illegal for any person to operate a vehicle with a:

  • BACof 0.08% or higher, if the person is age 21 or older.
  • BACof 0.01% or higher, if the person is under age 21.
  • BACof 0.01% or higher at any age, if the person is on Driving Under the Influence (DUI) probation.
  • BACof 0.04% or higher, in any vehicle requiring a commercial driver license (CDL)-with or without a CDL issued to the driver.

Besides the crippling cost of DUI/DWI penalties, the suspension or revoking of one’s license can cause immense challenges, especially when a suspension directly impacts the financial wellbeing of your family and your economic livelihood. The skilled attorneys at Sevens Legal can help maintain your license or adjust permissions to allow the continuation of commuting to an essential workplace.

The Law Offices of Sevens Legal Criminal Lawyers, understands DUI cases inside and out, and they are committed to uncovering contradictory evidence, procedural errors, or violations of your rights. We determine the correct defense strategy based on the facts pertaining to your case. Sevens Legal Criminal Lawyers, handles all DUI cases such as:

  • First DUI Offense DUI: Almost 80% of our clients who are first offenders have their cases resolved without a DUI conviction.
  • Underage DUI: Underage juvenile DUI offenders have unique challenges relating to these charges, and respond according to these challenges.
  • Felony DUI: Felony charges involving DUI require immediate attention. These DUI charges include injury or a 4th offense in a 10-year period.
  • DUI and Drugs: If the drugs are prescription drugs or banned (“street drugs”) substances, they carry the same penalty as a DUI involving alcohol.
  • Multiple DUI Charges: These types of charges involve higher penalties depending on the number of times you have been convicted previously for DUI. Many times we can successfully reduce the statutory jail time by seeking treatment options.
  • DUI Resulting in an Accident: This also includes injury and/or death, or property damage. These require an experienced criminal defense attorney. These charges may involve possible time in a state prison, so it’s imperative to hire a skilled and diligent criminal defense attorney.
  • Boating and DUI: Operating a boat while under the influence of drugs or alcohol carry the same negative consequences as driving a vehicle and being intoxicated.
  • DMV DUI Hearing: It is imperative to act promptly in order to protect driving privileges. The hearing must be requested within 10 days of your arrest, otherwise the DMV will automatically suspend your driver’s license.

Beating a DUI charge is never easy, even if you have a strong defense, which is why it’s important to hire an experienced DUI Defense Attorney.

In DUI cases there can be numerous possible police errors, all of which can add up to helping reduce your charges. After reviewing the facts of your DUI case, our attorneys will concentrate on helping seek a dismissal or reduction by preparing a secure case that will cast doubt on any evidence the police may have obtained against you. The criminal defense lawyers at Sevens Legal Criminal Lawyers, believe every defendant deserves a zealous defense. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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New Supreme Court Ruling Could Release Thousands of Inmateshttps://www.sevenslegal.com/criminal-attorney/supreme-court-ruling-release-thousands-inmates/451/Thu, 10 May 2018 15:00:11 +0000https://www.sevenslegal.com/criminal-attorney/supreme-court-ruling-release-thousands-inmates/451/The Supreme Court ruling announced they will allow those inmates who were sentenced as individuals that are currently serving life-without-parole sentences will have a chance to argue their release from prison.

New Supreme Court Ruling Could Release Thousands of Inmates

The new ruling will expand a 2012 Supreme Court decision. That decision struck down mandatory life sentences without parole for juveniles. This new ruling will now make it so that that 2012 decision can be applied retroactively to inmates currently serving sentences. Juvenile advocacy groups estimate that number to be about 1,200 to 1,500 cases.

Of those, more than 1,100 inmates are concentrated in Pennsylvania, Louisiana and Michigan. Previously, officials had decided in these states that the 2012 ruling would not be retroactive. Inmates in those states should be given a chance to either be re-sentenced or argue for parole, according to Justice Anthony M. Kennedy, who wrote the new 6-to-3 decision.

Montgomery v. Louisiana

The 2012 ruling was re-opened in a sense due to a lawsuit brought by Henry Montgomery of Louisiana. Montgomery was 17 in 1963 when he was convicted of shooting and killing sheriff deputy Charles Hurt.

Montgomery, now 69, believes that his rehabilitation in prison should have made him eligible to be considered for parole. Initially, the Supreme Court rejected his plea, saying the U.S. Supreme Court’s 2012 ruling of Miller v. Alabama was not retroactive. The new ruling handed down on Monday now says that Miller v. Alabama is retroactive.

“Prisoners like Montgomery must be given the opportunity to show their crime did not reflect irreparable corruption; and, if it did not, their hope for some years of life outside prison walls must be restored,” Justice Kennedy wrote.

In the ruling, Kennedy acknowledged the court’s 2012 Miller decision recognized a judge “might encounter the rare juvenile offender who exhibits such irretrievable depravity that rehabilitation is impossible and life without parole is justified.”

He believes that the new ruling’s lesson was that “children’s diminished culpability and heightened capacity for change” often cast doubt on mandatory life sentences, and that this “harshest possible penalty will be uncommon.”

Next Steps for Inmates

Inmates affected by the court’s new ruling will most likely need to bring individual claims or requests for parole, according to juvenile-justice experts.

As is proven by this new ruling, juvenile offenses can have life-long-lasting implications. If your child has been charged with committing a crime, you’ll need to work with a criminal defense attorney.

Juvenile Defense and Criminal Defense Attorneys

For a parent, having your child arrested and charged with an alleged crime is one of the most traumatic experiences you could have. Having an experienced Juvenile Defense Attorney can help turn a possible negative outcome into a positive one.

A Criminal Defense Attorney who also specializes in Juvenile Defense has the extensive experience necessary to handle all aspects related to Juvenile Court matters. Having a Juvenile Defense attorney representing you and your child many times can help keep the matter out of the Juvenile Court system, as well as minimize potentially serious consequences that arise from your child being arrested and detained.

The Juvenile Court System in California handles matters that are associated with juvenile law, such as cases involving juvenile delinquency and juvenile dependency.

Juvenile Delinquency vs Juvenile Dependency

Cases of Juvenile Delinquency involves charges associated with violations of criminal laws committed by a “minor,” defined as somebody under 18 years of age. In San Diego County the Juvenile Courts are located in San Diego, El Cajon, Vista, and Chula Vista. In Los Angeles County they are located in Inglewood, Long Beach, Torrance, Compton, Downey, Pasadena, Pomona, Sylmar, East Los Angeles, and Bakersfield for cases in Kern County.

Cases of Juvenile Dependency involves charges against parents or guardians for child abuse or child neglect committed against a “minor,” defined as somebody under 18 years of age. Minors charged with alcohol or drug possession are handled in an informal juvenile traffic court. To ensure any records remain clean for your child, it’s imperative that you have an attorney experienced in Juvenile Delinquency and Dependency handling their case in Juvenile Court.

Proceedings in Juvenile Court

Whether the court involved deals with family, probate, juvenile, or dependency, your child has the following rights:

  • The right to representation by an attorney.
  • The right to have witnesses present on the child’s behalf.
  • The right to confront, subpoena, and cross-examine witnesses.
  • The right to have a public hearing.
  • The right to have evidence presented.
  • The right to an appeal of the verdict.

These rights encompass the basic Miranda Rights:

  • You have the right to remain silent.
  • Anything you say or do may be used against you in a court of law.
  • You have the right to an attorney.
  • If you cannot afford an attorney, one will be appointed to you.
  • Do you understand these rights as they have been read to you?

If your child could face prison if they are found delinquent of the alleged charge, they may be entitled to an attorney if they can’t afford one, per the Miranda Rights. As a general rule, court proceedings in Juvenile Courtare sealed, meaning the records are confidential and not accessible to the general public. However, some states don’t always seal juvenile records automatically, so the child must request that their records be sealed.

While a juvenile has a right to trial by jury, if they have been determined delinquent, there’s jeopardy attached and they could be retried for the same alleged crime.

The goal of California’s adult correctional system is punishment, but the goal of the juvenile court justice system is treatment and rehabilitation. To accomplish this task the system has an array of programs and methods to address juvenile crime, depending on the offense’s severity and the juvenile offender’s background. Some of these programs and methods include fines, detention, treatment programs, incarceration, community service, and community supervision.

For offenses with a higher severity, the juvenile court justice system also includes formal or informal probation, incarceration, and detention. Because the goal of the juvenile justice system is rehabilitation instead of punishment, other agencies and institutions play a role including schools, community-based organizations, and social services agencies.

Juvenile Court and Charging as an Adult

Probation officials, police, and the District Attorney have been given broad discretion by the Juvenile Court Justice system where it comes to the way juvenile offenders are treated. After being arrested, the police have the option to either take them to juvenile hall or release them to their parents.

The juvenile law of Proposition 21 has been modified by the state legislature to permit the transfer of a juvenile offender from juvenile court to adult court, where they would be tried as an adult for certain serious and/or violent felony crimes, such as murder. Juveniles as young as 11 have been tried as adults. A judge will decide the appropriateness of transferring a juvenile to the adult court system in most cases, but if a crime is particularly serious the prosecutor may charge the minor directly to be tried as an adult.

A minor has the same constitutional rights in the Juvenile Court System as an adult. Like an adult they have the right to have their Miranda rights read to them, including permitting them the right to not make statements to the police unless their attorney is present. Minors also have the right to request that their parents be present before law enforcement questions them. However, since the police are not required to let a minor know this before interrogating them or taking their statement, it’s imperative to retain a Juvenile Criminal Defense Attorney as soon as your juvenile has been arrested and charged with an alleged crime in order to protect their constitutional rights.

One note to consider is the fact that school officials, counselors, and teachers are not required to advise a juvenile of their constitutional Miranda rights prior to their being questioned, unless they are doing the advising at the direction of the police.

Whenever a minor has been accused of a juvenile crime an attorney should be retained to represent them in all juvenile court proceedings. Unlike adult court, in juvenile court a minor is not entitled to have a trial by jury, instead they have an “adjudication” which is trial before a judge. The burden of proof is still the same for a minor as for an adult, which means there must be “proof beyond a reasonable doubt” that the alleged crime was committed by the minor. Due to the potential serious and life-altering circumstances of being accused of a crime, you should immediately consult a Juvenile Defense Attorney.

If your child has been arrested for an alleged crime you need the expertise of a Juvenile Defense Attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Pleading Not Guilty for DUI Crash that Killed Threehttps://www.sevenslegal.com/criminal-attorney/pleading-not-guilty-for-dui-crash-that-killed-three/810/Thu, 03 May 2018 15:00:35 +0000https://www.sevenslegal.com/criminal-attorney/pleading-not-guilty-for-dui-crash-that-killed-three/810/The woman charged with murder and driving under the influence (DUI) has pleaded not guilty. The March 29 crash for which she is accused killed three teenagers.The woman charged with murder and driving under the influence (“DUI”) has pleaded not guilty. The March 29 crash for which she is accused killed three teenagers.

DUI Crash Killed Three - Duarte Pleading Not Guilty

Bani Duarte, 27, was charged with three counts of murder and one count of driving under the influence causing injury for a March 29 crash that left three teens dead. She also faces a possible sentencing enhancement on allegations of inflicting great bodily injury.

If Duarte is convicted, she could be sentenced to 51 years to life in state prison.

Duarte was taken into custody on a $5-million warrant after investigators determined she may have been a flight risk. A hearing is set to review her bail amount.

Duarte was initially arrested after the March crash on suspicion of driving under the influence. She was also facing charges of gross vehicular manslaughter. At that time she posted $100,000 bail.

“As the investigation continued, more evidence was obtained,” authorities say. “Investigators received information the female driver was possibly intending on fleeing the country to avoid prosecution.”

Authorities allege Duarte was traveling north on PCH in a Hyundai Sonata when she rear-ended the teens’ Toyota, which was stopped at a red light at an intersection.

The impact pushed the Toyota through the intersection and into a pole, causing the car to burst into flames.

Charges for DUI - Drunk Driving

Charges for drunk driving (“DUI”) are not only serious but also can carry serious consequences at any time, but especially on Halloween when children are trick or treating throughout their neighborhoods. Penalties for DUI vary by case and severity, but following are sentencing guidelines of what you may face if you drink and drive and are then convicted of a DUI.

First Conviction for DUI

For a first conviction for a DUI in California, you would receive:

  • Jail-time of at least 96 hours but not over 6 months.
  • A fine of at least $390 but not over $1,000, including penalties.
  • Suspension of your driver’s license of six months. The court may grant your a temporary restricted license, however it can’t be reinstated until you provide proof of the completion of a “driving under the influence” state-approved program, and also showing financial responsibility.
  • Based on the circumstances of your DUI, being a first time offender you may also be required by the court to install an Ignition Interlock Device, which will be installed at your expense.

> For a second conviction for a California DUI you would receive:

  • Jail-time of at lease 90 days but not more than 1 year.
  • A fine of at least $390 but not over $1,000, including penalties.
  • Suspension of your driver’s license of 1 year. Your license cannot be reinstated until you have provided proof of financial responsibility and proof of completion of a state-approved “driving under the influence” program.
  • Based on the circumstances of your DUI, being a first time offender you may also be required by the court to install an Ignition Interlock Device, which will be installed at your expense.

For a third California conviction for DUI you would receive:

  • Jail-time of at least 120 days but not more than 1 year.
  • A fine of at least $390 but not over $1,000, including penalties.
  • The state will consider you an “habitual traffic offender” for 3 years after you’ve been convicted.
  • Suspension for 2 years of your driver’s license. Your license cannot be reinstated until you have provided proof of financial responsibility and proof of completion of a state-approved “driving under the influence” program.
  • You may be able to apply to the court for a restricted driver’s license, but you may be required to install an Ignition Interlock Device, which will be installed at your expense.

For a fourth California conviction for DUI you would receive:

  • Jail-time which may include both jail and prison or at least 180 days but not than 1 year.
  • A fine of at least $390 but not over $1,000, including penalties.
  • The state will consider you an “habitual traffic offender” for 3 years after you’ve been convicted.
  • Suspension for 3 years of your driver’s license. Your license cannot be reinstated until you have provided proof of financial responsibility and proof of completion of a state-approved “driving under the influence” program.
  • You may be able to apply to the court for a restricted driver’s license, but you may be required to install an Ignition Interlock Device, which will be installed at your expense.

When you are arrested and then convicted in California of a DUI, typically a judge will apply guidelines that determine the minimum and maximum sentencing. A judge will also take into consideration the specifics of any previous convictions you may have for DUI.

Illegal Things to Consider When Driving in California

When driving in California, you should be aware of the fact that the following points are illegal:

  • Drivers under the age of 21 are prohibited from transporting or carrying unsealed wine, liquor, or beer, in their vehicle if they are driving alone. Exceptions are if it is work-related.
  • Drivers under the age of 21 are prohibited from driving with a blood alcohol concentration (“BAC”) of 0.01 or higher.
  • Drivers under the are of 21 are prohibited from consuming any form of alcohol, including prescription drugs or cough syrup.
  • Any driver or any age is prohibited from driving with a BAC of 0.08 or higher. A BAC of 0.08 is the standard measurement all states use in order to establish whether a driver is impaired.
  • The driver of any vehicle requiring a commercial driver’s license is prohibited from driving with a BAC of 0.04 or higher.
  • A driver under the age of 18 is prohibited from driving with ANY measurable BAC.
  • Repeat offenders are prohibited from driving with a BAC of 0.01 or higher.

Although these laws are specific to California, the same DUI laws are similar in states throughout the United States.

If you are arrested and face a conviction for DUI, you need to work with a criminal defense lawyer such as Sevens Legal Criminal Lawyers. Once you have discussed the specifics of your cast with a Sevens Legal Criminal Lawyers, attorney they will let you know about your case’s strengths and weaknesses, as well as the punishment you may face and your risk of conviction. Your defense attorney will also be able to discuss any plea deal as well as whether it would be best to move forward to a trial, taking into consideration your best interests.

The criminal defense attorneys at Sevens Legal Criminal Lawyers, believe every client has a right to the best defense possible. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Bill Cosby Found Guilty of Sexual Assaulthttps://www.sevenslegal.com/criminal-attorney/bill-cosby-found-guilty-of-sexual-assault/807/Thu, 26 Apr 2018 15:00:03 +0000https://www.sevenslegal.com/criminal-attorney/bill-cosby-found-guilty-of-sexual-assault/807/A jury has found Bill Cosby guilty of three counts of aggravated indecent assault for drugging and sexually assaulting Andrea Constand at his home in a Philadelphia suburb in 2004.A jury has found Bill Cosby guilty of three counts of aggravated indecent assault for drugging and sexually assaulting Andrea Constand at his home in a Philadelphia suburb in 2004.

Jury Finds Bill Cosby Guilty

Now that the 80-year-old comedian has been convicted, he faces up to 10 years in prison on each count. Cosby is likely to serve them concurrently. Cosby is currently out on bail and a sentencing hearing with Judge Steven O’Neill has not yet been scheduled.

Cosby did not testify in court and remained quiet through the proceedings and while the conviction was read. Yet, shortly after prosecutors asked the judge to revoke Cosby’s bail, on grounds that he is a flight risk and has a private plane, the comedian stood up and yelled: “He doesn’t have a plane, you asshole.”

Judge O’Neill ruled Cosby should not leave his home. Cosby has homes in multiple states, and the judge noted if he fails to arrange with the appropriate offices to stay in a home in another state, he must first be fitted with a GPS tracking device.

Last year Cosby’s case ended in mistrial after jurors were unable to unanimously agree on a verdict. Prosecutors immediately announced after that mistrial that they would re-try the comedian. This jury deliberated for more than 14 hours over two days to reach the verdict.

A huge win for the prosecution came when five other Cosby accusers were allowed to testify as “prior bad acts” witnesses. Each of them said Cosby had drugged and assaulted them decades ago.

This was the first celebrity sexual assault trial since the #MeToo movement gained momentum last fall. Many feel this verdict is demonstrative of a cultural shift in how sexual misconduct allegations are handled.

“What was revealed through this investigation was a man who had spent decades preying on women that he drugged and sexually assaulted, and a man who evaded this moment right here far too long,” Montgomery County District Attorney Kevin Steele said. “He used his celebrity, he used his wealth, he used his network of supporters to help him conceal his crimes.”

Cosby’s attorney, Tom Mesereau, said he plans to appeal “very strongly.”

“We are very disappointed by the verdict. We don’t think Mr. Cosby’s guilty of anything and the fight is not over,” he said.

What is “Sexual Assault”

Sexual assault is defined as any type of sexual contact or behavior that occurs without the explicit consent of a recipient. Included under the term sexual assault are the following: forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape.

Addressing Sexual Assault Accusations

Sexual assault crimes are taken very seriously by the law. If you have been falsely accused you might assume that the charges will just be dropped because of how ludicrous they are to you. These types of allegations do not just “go away,” and you will need to be prepared if you are falsely accused.

Here are some things you can do:

1. Do not speak with police or investigators until you have contacted a criminal defense attorney. They might try different tactics to get you to admit to a crime you did not commit. Remember that they are always trying to build a case. Simply state that you will not speak with them unless there is an attorney present.

2. Get in touch with a qualified and experienced criminal defense attorney. You’ll want to do this as soon as possible, even if you just expect the charges to be dismissed. Prepare for what the allegations might bring. You will be asked to defend yourself, so you’ll need to be prepared. This means contacting witnesses that can testify or provide an alibi for you. You might also need to take psychological tests, or be asked to provide other evidence. Write down as many details as possible about what you remember.

3. Study. A criminal defense attorney will be able to guide you through fighting the allegations, but it’s in your best interest to understand the legal process and know your rights.

You will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal Criminal Lawyers.

If You Get Arrested for a Sex Crime

In 1966, the U.S. Supreme Court ruled in Miranda v. Arizona, that individuals arrested because they are believed to have committed a crime are allowed certain rights that must be explained to them. This must happen before any interrogation. It’s important to note that these rights only need to be read when a person has been taken into custody. “Miranda Rights” are meant to protect a suspect from self-incrimination and is protected under the Fifth Amendment of the U.S. Constitution. Those “Miranda Rights” are as follows:

  • You have the right to remain silent and refuse to answer questions.
  • Anything you say may be used against you in a court of law.
  • You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
  • If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
  • If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

Why Work with a Criminal Defense Lawyer?

When faced with serious penalties or spending time in jail or prison, you need to retain a criminal defense lawyer to represent you in court. If you are facing an assault or battery charge, or a theft charge, a criminal defense attorney will investigate your case’s specifics and determine if you were wrongfully charged. They also will be able to identify if there are any other existing reasons for why the case should be dismissed before it goes to trial. If the charges are not dismissed before trial, a criminal attorney may be able negotiate a plea bargain with the prosecutor on your behalf. If a plea bargain cannot be negotiated, a criminal defense attorney will prepare your defense and represent you at trial.

After you have discussed the specifics of your case, your Sevens Legal Criminal Lawyers, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal Criminal Lawyers, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.

Sevens Legal Criminal Lawyers, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal Criminal Lawyers, criminal defense lawyers, call (619) 494-3440. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Summertime Crime is a Real Thinghttps://www.sevenslegal.com/criminal-attorney/summertime-crime-is-a-real-thing/806/Thu, 19 Apr 2018 15:00:00 +0000https://www.sevenslegal.com/criminal-attorney/summertime-crime-is-a-real-thing/806/Summertime crime is a real thing. As more and more people leave town for vacation, burglary rates increase. If you've been accused of committing a crime, you'll want to know just what you'll need to avoid jail time next year.“Summertime crime” is a real thing. As more and more people leave town for vacation, burglary rates increase. If you’ve been accused of committing a crime, you’ll want to know just what you’ll need to avoid jail time next year.

The Summertime Can Be a Season of Crime

The most common crimes that occur during the holiday season are the following:

  • Identity theft
  • Shoplifting
  • Robbery
  • Drunk Driving
  • Vehicle theft
  • Rape and sexual assault
  • Home burglary
  • Counterfeiting
  • Scams such as phony sweepstakes or charity
  • Domestic Violence

If you’ve been accused of any of the above, you’ll want to work with a committed and dedicated criminal lawyer that can walk you through the steps of the criminal trial process.

Steps of a Criminal Trial

During a criminal trial a jury examines the evidence presented by the defense and prosecution to decide whether, “beyond a reasonable doubt,” a defendant committed a crime. A fair trial allows for the government and the defendant to argue their sides of the case. And a fair trial starts with the selection of a fair jury.

Criminal Trial Phases

A criminal trial typically consists of six following phases:

  • Choosing a Jury
  • Opening Statements
  • Witness Testimony and Cross-Examination
  • Closing Arguments
  • Jury Instruction
  • Jury Deliberation and Announcement of Verdict

Today we will focus on the first phase, that of selecting a jury.

Choosing a Trial Jury

The first step then of a criminal trial is to select the jury. During jury selection, the judge, the prosecutor (representing the government), and the defendant (through his or her respective attorney) will screen potential jurors from a pool of jurors.

During the jury selection process, the judge, prosecution, and defense team will ask potential jurors about any ideological predispositions or life experiences that may interfere with being able to remain unbiased during the case hearing. After questioning a jury is selected.

While jury duty might be a burden and might feel like a waste of time, for a defendant, the selection of a fair juror can mean the difference between a life sentence or freedom.

Fair Jurors for a Trial

The role of a juror is an important one. They alone can decide the future of the defendant on trial. A juror must hear the evidence presented during the trial, deliberate, and decide if the defendant is guilty or not guilty of the charged crimes. Because of this, an unbiased jury must be assembled.

The criminal court system has a system in place that allows for certain rights of a defendant during the juror selection process. This means that a defendant (through his or her attorney) is able to dismiss unfair potential jurors from the jury. The same rights are given to the judge and prosecution team. These rules allow for a fair jury to be selected by all parties that are involved in the case.

The goal of the juror selection process is to put together a jury that will only take into account the evidence presented during the trial so that, during juror deliberation, a fair decision will be made.

Trial Jury Pool Representative of the Community

To pick a fair jury, attorneys will need to have options for jurors. The jury pool (also known as a venire) is the collection of potential jurors assembled from the community. This jury pool is usually chosen via voter-registration lists. Once a person has registered to vote, they are also entered into a list that they can be “summoned” from for jury duty.

This jury pool is composed of a cross-section of the community that cannot intentionally exclude groups and cannot be based on race, gender, or religion. Examples of distinct community groups include:

  • African-Americans
  • Hispanics
  • Asian-Americans
  • Native Americans
  • Women

A jury pool will be selected randomly from all of these community groups. While it must not be an exact match of the community, it must representative of the community.

Voir Dire Questioning Potential Trial Jurors

Once a jury pool is formed the potential jurors are summoned to the courthouse on a particular day and time. The jury pool will wait in a room until they are called to a courtroom. Once in the courtroom, the jury selection process begins with questioning. This process of questioning potential to determine any potential biases is called “voir dire.”

Challenging a Juror for a Trial

During voir dire, the prosecution and defense will interview potential jurors to determine if there are biases that would prevent a juror from being impartial when it comes to deciding on a verdict. If an attorney, either for the prosecution or the defense, chooses to excuse a potential juror, he or she must use a “challenge,” which is a request to disqualify an individual from the jury.

A challenge for cause is when a request to dismiss a potential juror is based on a specific and stated reason. Typically this reason is because it’s been identified by the prosecution or defense that the potential juror has a potential or actual bias. Examples of reasons to challenge for cause include the following:

  • Exposure to negative pretrial publicity
  • Connection to law enforcement or the defendant
  • Victim in a similar case
  • Accidental exposure to the defendant while he was in custody
  • Attorneys usually are given unlimited challenges for cause. A court may also choose to dismiss a potential juror for cause without a challenge from an attorney.
  • Jurors can also be dismissed without stating a reason as part of a peremptory challenge. This challenge is usually based on an attorney’s experience and gut feeling when it comes to choosing a juror. There are typically limited amounts of peremptory challenges that an attorney is able to use during jury selection.
  • Potential jurors are not allowed to be dismissed due to a particular characteristic, such as race, ethnicity, and gender. This rule does not apply to challenges based on age or on mental and physical disabilities.

Alternate Trial Jurors

Once a jury is selected, alternate jurors are selected in case a regular juror needs to be replaced because of inability to perform jury duty. Alternate jurors are questioned and selected in the same manner as the regular jurors.

Input From Defendant

In terms of the defense’s side, a criminal defense attorney will make the ultimate decision about selecting jurors. But these decisions are not made without the defendant’s input.

Your criminal defense attorney will handle all of the questioning during the voir dire process because a defendant is not allowed to address the potential jurors. The only exception to this law is if the defendant is representing himself or herself. It is never advised that a defendant represents himself or herself, and if you have been accused of a crime, you should immediately contact a criminal defense attorney.

If You Are Detained

If you are detained in jail, remember there are still ways to incriminate yourself. There are some general guidelines you should follow, including the following:

  • Do not discuss anything over the phone. This is often recorded and can be overheard.
  • Do not discuss with fellow in-mates. Remember that anyone in jail is looking for a way out. That could include providing information about you in order to improve their position with the state.
  • Do not make statements or answer questions without an attorney present.
  • Never waive your rights to something without first speaking with an attorney.
  • Know how to be steadfast with your requirement that an attorney be present during any interrogation or questioning.

Working with a Criminal Defense Attorney

Criminal charges can be complex, requiring much gathering of evidence and information. It’s highly advised that you work with an experience criminal defense attorney that will be able to advise you on the best defense. If you have been arrested and accused of a crime, you need to acquire and work with a criminal defense attorney such as Sevens Legal Criminal Lawyers. Once you have discussed the specifics of the allegations against you with your attorney, they will inform you of the strengths and weaknesses pertaining to your case, as well as any risk of conviction and punishment you may be facing.

A criminal defense attorney such as Sevens Legal Criminal Lawyers, can also negotiate a plea deal as well as decide to move forward with trial, while working constantly to make sure your best interests are served. At Sevens Legal Criminal Lawyers, every defendant has a right to our zealous defense. Contact Sevens Legal Criminal Lawyers, today for a free consultation. Our firm award winning attorneys provides hope and peace of mind. The Sevens Legal Criminal Lawyers office is located in both San Diego and Escondido. We have time and time again helped Southern California residents get their cases dismissed or penalties reduced. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Alex Fuqua Obtains Not Guilty Verdict in Attempted Murder Trialhttps://www.sevenslegal.com/criminal-attorney/alex-fuqua-obtains-not-guilty-verdict-attempted-murder-trial/800/Mon, 09 Apr 2018 19:06:00 +0000https://www.sevenslegal.com/criminal-attorney/alex-fuqua-obtains-not-guilty-verdict-attempted-murder-trial/800/ <h2 id="alex-fuqua-obtains-not-guilty-verdict-in-attempted-murder-trial">Alex Fuqua Obtains Not Guilty Verdict in Attempted Murder Trial</h2>Retrial of Bill Cosby Beginshttps://www.sevenslegal.com/criminal-attorney/retrial-bill-cosby-begins/798/Thu, 05 Apr 2018 15:00:06 +0000https://www.sevenslegal.com/criminal-attorney/retrial-bill-cosby-begins/798/The retrial of comedian Bill Cosby on sexual assault charges begins Monday. The first trial ended up being declared a mistrial last June after jurors were deadlocked.The retrial of comedian Bill Cosby on sexual assault charges begins Monday. The first trial ended up being declared a mistrial last June after jurors were deadlocked.

Cosby Being Tried Again

Cosby’s first faced trial on charges of drugging and sexually assaulting Andrea Constand, a former Temple University women’s basketball official. After 52 hours of deliberation, jurors in that case were unable to come up with a decision. Shortly after that mistrial announcement, Montgomery County, Pa., District Attorney Kevin Steele announced he would retry Cosby.

Steven O’Neill, the judge in the retrial case has given Cosby’s team a boost after announcing Cosby’s team will be able to call a witness who says Constand talked about framing a celebrity before she went to police in 2005 with allegations about the comedian. Judge O’Neill additionally ruled that jurors will be able to hear how much Cosby paid Constande in the 2006 civil settlement.

O’Neill also ruled Marguerite Jackson can take the witness stand. She was blocked from testifying at the first trial due to the fact that her testimony was deemed hearsay.

Jackson’s testimony is said to portray Constand as a greedy liar. In the past, Constand’s lawyer said Jackson isn’t telling the truth. Judge O’Neill issued one caveat to the ruling, saying he would be able to revisit his decision after Constand’s testimony.

Choosing a Jury

It has been difficult to decide on who will make the initial panel of 12 jurors and six alternates. More than 180 potential jurors have been summoned to the courthouse. Three jurors have been chosen so far. The two women picked most recently said they’ve read media reports about Cosby’s case as well as the #MeToo anti-sexual assault movement but have not formed an opinion and thus feel can serve as fair and impartial jurors.

Cosby is accused of three counts of aggravated indecent assault after allegedly drugging and sexually assaulting Constand in 2004. Each count carries a maximum prison sentence of 10 years.

Past Accusers

At least 60 women have publicly come forward with accusations of rape, sexual assault or sexual harassment by the comedian between the 1960s and 2000s. The statutes of limitation have expired for most of those cases, thus preventing the accusers from seeking criminal charges.

Cosby has won a series of civil cases filed against him by his accusers. The comedian is still facing a number of additional civil cases as well as defamation lawsuits and appeals of defamation suits in Massachusetts and California. Defamation cases were filed by accusers who say their reputations were damaged when Cosby called their accusations lies. Cosby also faces a sexual battery lawsuit in California.

What is “Sexual Assault”

Sexual assault is defined as any type of sexual contact or behavior that occurs without the explicit consent of a recipient. Included under the term sexual assault are the following: forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape.

Addressing Sexual Assault Accusations

Sexual assault crimes are taken very seriously by the law. If you have been falsely accused you might assume that the charges will just be dropped because of how ludicrous they are to you. These types of allegations do not just “go away,” and you will need to be prepared if you are falsely accused.

Here are some things you can do:

1. Do not speak with police or investigators until you have contacted a criminal defense attorney. They might try different tactics to get you to admit to a crime you did not commit. Remember that they are always trying to build a case. Simply state that you will not speak with them unless there is an attorney present.

2. Get in touch with a qualified and experienced criminal defense attorney. You’ll want to do this as soon as possible, even if you just expect the charges to be dismissed. Prepare for what the allegations might bring. You will be asked to defend yourself, so you’ll need to be prepared. This means contacting witnesses that can testify or provide an alibi for you. You might also need to take psychological tests, or be asked to provide other evidence. Write down as many details as possible about what you remember.

3. Study. A criminal defense attorney will be able to guide you through fighting the allegations, but it’s in your best interest to understand the legal process and know your rights.

You will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal Criminal Lawyers.

If You Get Arrested for a Sex Crime

In 1966, the U.S. Supreme Court ruled in Miranda v. Arizona, that individuals arrested because they are believed to have committed a crime are allowed certain rights that must be explained to them. This must happen before any interrogation. It’s important to note that these rights only need to be read when a person has been taken into custody. “Miranda Rights” are meant to protect a suspect from self-incrimination and is protected under the Fifth Amendment of the U.S. Constitution. Those “Miranda Rights” are as follows:

  • You have the right to remain silent and refuse to answer questions.
  • Anything you say may be used against you in a court of law.
  • You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
  • If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
  • If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

Why Work with a Criminal Defense Lawyer?

When faced with serious penalties or spending time in jail or prison, you need to retain a criminal defense lawyer to represent you in court. If you are facing an assault or battery charge, or a theft charge, a criminal defense attorney will investigate your case’s specifics and determine if you were wrongfully charged. They also will be able to identify if there are any other existing reasons for why the case should be dismissed before it goes to trial. If the charges are not dismissed before trial, a criminal attorney may be able negotiate a plea bargain with the prosecutor on your behalf. If a plea bargain cannot be negotiated, a criminal defense attorney will prepare your defense and represent you at trial.

After you have discussed the specifics of your case, your Sevens Legal Criminal Lawyers, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal Criminal Lawyers, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.

Sevens Legal Criminal Lawyers, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal Criminal Lawyers, criminal defense lawyers, call (619) 494-3440. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

]]>
Doctors Arrested for $250 Million Money Laundering Schemehttps://www.sevenslegal.com/blog/doctors-arrested-250-million-money-laundering-scheme/794/Thu, 29 Mar 2018 15:00:54 +0000https://www.sevenslegal.com/blog/doctors-arrested-250-million-money-laundering-scheme/794/Julian Omidi, 49, and Mirali Zarrabi, 55, have been arrested following a 37-count federal indictment alleging mail and wire fraud, false statements, money laundering and aggravated identity theft.Julian Omidi, 49, and Mirali Zarrabi, 55, have been arrested following a 37-count federal indictment alleging mail and wire fraud, false statements, money laundering and aggravated identity theft.

Money Laundering Scheme for $250 Million Nabs Doctors

The two doctors, Omidi and Zarrabi allegedly constructed a $250 million bogus billing scheme built around 1-800-Get-Thin Lap-Band surgeries. Lap-Band surgery is when a silicon ring is surgically implanted around a person’s stomach as a means of discouraging eating. The scheme was based on bogus sleep studies that were then charged to patient’s insurance companies and lasted from May 2010 to March 2016.

“The scheme outlined in the indictment focuses on bogus sleep studies that the defendants utilized to engage in a much more lucrative fraud involving Lap-Band procedures,” said U.S. Attorney Sandra R. Brown. “Patients were harmed as a result of this fraud scheme when they were subjected to unnecessary medical procedures, and insurance providers were harmed when they paid out tens of millions of dollars after receiving fraudulent bills.”

According to the indictment, Omidi would encourage patients to take a sleep study as a means of qualifying them for the lap-band procedure. Employees were offered commissions to ensure the sleep studies went through - even for patients whose insurance plans would not cover Lap-Band surgeries. The often falsified results of the sleep study would then pre-qualify patients for the lap-band surgery and were used to convince the patient’s insurance companies that the procedure was needed.

Insurance companies would then approve the payment for the Lap-Band surgery. The indictment alleges Get Thin received at least $38 million for the Lap-Band procedures.

Zarrabi and Omidi “victimized countless patients when they allegedly provided medically unnecessary treatment in order to boost their own profits to the tune of tens of millions of dollars,” said California Insurance Commissioner Dave Jones.

Money Laundering

Money laundering, often referred to as a “white collar crime” is the act by which criminals disguise the original ownership of funds so that it appears to have derived from a legitimate source. Money laundering happens not only within the nation, but quite often throughout various nations, as it is often easy for criminals to transfer funds to off-shore accounts.

While there are numerous money-laundering techniques, the Treasury’s initiative hopes to crack down most on shell companies. Shell companies are fake companies that are established to take in money as payment for goods or services that are not actually offered, thus providing a place to “hide” the money that it receives. Fake invoices and balance sheets are a way to make transactions appear valid and legitimate.

Reason for Money Laundering Crack Down

The Treasury is concerned that some of the deal estate deals taking place in Manhattan and Miami are actually being made by corrupt foreign government officials and other international criminals in an attempt to launder money. Because many of these all-cash transactions are made through shell companies, the individuals behind the sales are able to disguise their identities. Making the problem even more difficult to trace is that fact that many shell companies are held by other shell companies, thus providing even more layers between the transaction and the individual making the purchase.

March Unveiling

According to the Treasury’s announcement, the new disclosure requirements will apply for 180 starting in March. During that time, all all-cash real-estate transactions over $3 million in Manhattan and $1 million in Miami will require full names of those making the purchase. Those in the title insurance industry will be required to not only identify buyers, but also report the information to the government, who will then record the information in a database for the US Treasury Department.

Title companies will implement the government’s initiative “to help prevent money-laundering schemes and the illegal purchase of real estate in the United States,” said Michelle Korsmo, CEO of the American Land Title Association.

This will only apply to all-cash transactions as those are the ones that are the hardest to track. For those that need financing, etc… they are already required to provide information to obtain the financing. While the initiative will only take place for 180 days, the government will still be able to seek an extension under federal law that would require full disclosure of identification.

Is Money Laundering Really a Problem?

The real estate markets in Manhattan and Miami have boomed over the past year. At the close of 2015, the median Manhattan home sold for $1.5 million. That’s up 17.3% from the previous year, according to the real estate brokerage Douglas Elliman. Those prices haven’t been seen since right before the housing crisis of 2008. And the median sales price for a luxury unit was $6 million. That’s an even higher jump of 25% from the previous year.

Most importantly, nearly half of those purchases were all-cash. And if the Treasury is correct, that means a lot of potentially illegal money laundering activity.

But that’s just Manhattan. In Miami Beach, the median sales price for a luxury single-family home exceeds $6 million. A chic condo towers within the area’s expensive locations are causing buyers to flock to the Miami.

There was $100 billion spent on Florida real estate transactions last year. And according to the National Association of Realtors, nearly a quarter of that came from international buyers. Of those purchases, 74% were all-cash.

Housing Industry Reacts

The new measure might prove difficult for the housing industry and those working within it such as realtors and appraisers

“It’s painting the high-end segment as having overall treachery, and that’s unfortunate,” said Jonathan Miller, chief executive at the appraiser Miller Samuel. “It’s certainly not helpful to the high end of the market because it adds another level of complication to a transaction.”

Real estate developer Kevin Maloney doubts the initiative will affect sales. He estimates about 60% of his buyers typically use corporations for their transactions, but that isn’t because they are trying to hide any illegal activity.

“People who are buying in the luxury sector want privacy, want anonymity,” said Maloney. “We generally know our buyers because they come in, and they interface with us.”

Money Laundering and Concealment

According to the International Monetary Fund (IMF), the amount of money laundered every year is estimated to be between $600 billion and $1.5 trillion.

A large aspect of money laundering, and being convicted of money laundering has to do with concealment. For money laundering charges to be brought, a prosecutor must show that the person concealed money specifically in order to conceal the ownership and source of the money, as well as control of the money, as to make it appear as if it came from a legitimate source.

Proving concealment is key. For example, if you make a $10,000 profit from privately selling your car and then try to hide that income from the IRS, you have not committed “money laundering.” Yes, you’ve violated tax laws, but because your sale was legal, money laundering charges cannot be brought.

Penalties for Money Laundering

There are state and federal laws regarding penalties for money laundering. Typically, being convicted of committing money laundering results in fines, prison, probation, or a combination of these penalties.

Prison

While money laundering is typically charged as a felony offense, some states charge it as a misdemeanor. A misdemeanor money laundering conviction can result in a year-long jail sentence. Felony convictions carry penalties of a year or more in prison. In situations where a person is a repeat offender and money laundering was part of an ongoing criminal enterprise, or if money laundering was related to terrorist activities, prison sentences can be 35 years or more.

Fines

The fines associated with a money laundering conviction can be steep. A misdemeanor money laundering conviction can mean fines up to no more than a few thousand dollars. A federal conviction can result in fines of up to $500,000 or double the amount of money that was laundered, whichever is greater.

Probation

A court can also impose a probation sentence for money laundering convictions. This probation usually lasts for at least one year, but sometimes as long as three years or more. During the time someone is on probation he or she will have to meet specific probation conditions, including: regularly reporting to a probation officer, allowing the officer to conduct random home checks, taking random drug tests, and not committing other crimes. Violation of probation can cause a court to revoke probation. If this happens, a person will most likely need to serve a prison term, face additional fines, increased probation period, and/or face other penalties.

Being Charged with a Federal Crime

Being investigated or charged with a crime by a federal agency is a sobering and often intimidating situation. The Federal Government can use an array of powerful investigative tools as well as having access to judicial assistance to build a case against you.

Federal prosecutors have the power to create a task force from various law enforcement agencies at all levels - federal, state and local- into a powerful prosecution team. Accordingly, federal prosecuting attorneys have the ability to bring tremendous resources against you, and they will not hesitate to do so.

Federal Crime Definition

Crimes are defined as federal crimes when they either cross state lines, involve a federal agency (e.g., the post office, federally insured banks, the SEC and HUD) or involve the Internet. The most common cases prosecuted at the Federal level include drug trafficking, bank robbery, and Internet pornography, but also white-collar offenses such as mail fraud, wire fraud, bank fraud, and money laundering.

As with any criminal charge, you will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal Criminal Lawyers.

After you have discussed the specifics of your case, your Sevens Legal Criminal Lawyers, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal Criminal Lawyers, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.

Sevens Legal Criminal Lawyers, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal Criminal Lawyers, criminal defense lawyers, call (619) 430-2355. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

]]>
Sacramento Property Owner Arrested for Growing Cannabishttps://www.sevenslegal.com/blog/sacramento-property-owner-arrested-growing-cannabis/792/Thu, 22 Mar 2018 15:00:50 +0000https://www.sevenslegal.com/blog/sacramento-property-owner-arrested-growing-cannabis/792/A Sacramento property owner is now facing criminal charges and $2 million in civil penalties for illegally growing cannabis.A Sacramento property owner is now facing criminal charges and $2 million in civil penalties for illegally growing cannabis.

Property Owner Growing Cannabis Arrested in Sacramento

According to city officials Lisa Ung, 63, allegedly maintained eight homes across Sacramento for the purpose of growing more than 4,000 marijuana plants.

Ung was arraigned on five counts of maintaining a place to furnish a controlled substance. Her bail was posted at $50,000.

Under state law, California residents are legally able to grow up to six cannabis plants. If they want to grow more for selling purposes, they must obtain city and state permits.

“The scale of the illegal grow houses and the fire danger and criminal danger they present to neighborhoods is a real threat,” said city spokeswoman Linda Tucker.

Sacramento is seeking fines of $500 per plant, for a grand total of about $2 million, in addition to other fees for the enforcement action and the abatement of the properties.

California’s Marijuana Laws

Pot became legal for adult-use in California on January 1, 2018. With that legalization came a number of questions. Below we answer a few of them.

Where are you able to smoke marijuana in California?

A good rule of thumb across the state is that you can’t smoke pot anywhere they can’t smoke a cigarette. You cannot smoke in indoor places, including bars, cars, or other moving vehicles. Having an open bag in the car is illegal. If you are renting, you will need to check with your landlord to see if smoking is allowed inside your rental property.

Prop 64, which made marijuana legal, does however open the door for local governments to permit marijuana consumption at retailers and companies with a microbusiness license, which combines a small cultivation site, distribution and retail. In that case, the business will be required to restrict the premises to people 21 and older, cannot allow alcohol or tobacco use on site and also must ensure no one can see people consuming marijuana from outside.

Fighting Your Drug Crime Conviction

Being convicted of any drug crime is a serious matter. Most drug charges can carry heavy convictions, fines and stay on your personal record, which can affect your job, buying a home or getting a loan. If you are convicted for any drug related crime, it is in your best interest to seek a criminal defense attorney and never accept any deal without speaking to an attorney first. Drug charges range from minor possession to a more serious charge of drug manufacturing, whatever the charges are, know that you can find guidance with your case. Choosing a great criminal defense attorney will help your case and often reduce charges. The experience and knowledge needed to deal with a drug charge can be found at Seven’s Legal.

Sevens Legal is well versed in a variety of drug charges that you may be convicted of and their experience is endless. At Sevens Legal you will find a successful team that is passionate about representing their clients. If you find yourself charged with any drug crime, it is imperative that you seek a knowledgeable criminal defense attorney that will guide you through the legal system and help with reducing your charges.

San Diego Marijuana Lawyer

California is one of two-dozen states that have legalized marijuana for medical use. Recreational use of marijuana is still illegal in the state of California and possessing marijuana or intent to sell marijuana can carry heavy convictions. Although sentencing for marijuana has been pulled back in recent years, one ounce of marijuana or 28.5 grams is an infraction; police often get around this provision by charging minor offenders with felony intent to sell. You may find yourself being charged with intent to sell if you have cash, scales, and large amounts of marijuana or marijuana in bags on your persons. Due to proposition 36 and other legislation, if you are convicted of a misdemeanor marijuana charge you may find yourself paying a small fine. Charges are often reduced or dropped for first time offenders with the help of a criminal defense attorney.

Penalties and convictions for Marijuana

Possession of marijuana is a misdemeanor under California Health and Safety Code Section 11357. Possession of one ounce (28.5 gms) or less is punishable by a maximum $100 fine; jail time is possible for larger amounts or for hashish, which is an optional felony (“wobbler”). Possession offenders can avoid conviction by making a preguilty plea under penal code 1000, in which case their charges are dismissed upon successful completion of a diversion program. Possession offenses are expunged from the record after two years under Health and Safety Code Sections 11361.5 and 11361.7. Possession with intent to sell any amount of marijuana is a felony. Health and Safety Code 11359. There is a medical exemption in HS11362.775.

Cultivation of any amount of marijuana is a felony under Health and Safety Code 11358. People who grow for personal use are eligible for diversion under Penal Code 1000 so long as there is no evidence of intent to sell. There are no fixed plant number limits to personal use cultivation. Sale, transportation or distribution of marijuana is a felony under Health and Safety Code Sections 11360.Transporting or giving away (furnishing) one ounce or less is a misdemeanor punishable by a maximum $100 fine. There is a medical exemption in HS11362.775.

Using a minor in the unlawful sale or transport of marijuana is a felony punishable by 3-7 years imprisonment. Inducing a minor to use marijuana is also a felony punishable by 3-7 years imprisonment.

Health and Safety Codes you may be charged with

  • Possession for personal use - Health & Safety Code 11357
  • Cultivation- Health & Safety Code 11358
  • Possession with Intent to sell - Health & Safety Code 11359
  • Sale, Gift, Transport or Import - Health and Safety Code 11360
  • Sale to a Minor - Health & Safety Code 11361

DUI of Marijuana

Driving under the influence of Marijuana is a crime in California under vehicle code 23152 (e) VC. However, the law does not specify any particular amount of THC in the bloodstream automatically established impairment, making the crime difficult to prove.

At Sevens Legal we maintain a high level of professionalism and passion for defending our clients. Sevens Legal has decades of experience and knowledge in dealing with criminal charges and will see that you are given the best defense possible. Most oftentimes, charges are reduced or dropped and you will find that we make the legal process as comfortable as possible for all our clients. If you have any questions regarding a marijuana conviction, please call for a free consultation.

After you have discussed the specifics of your case, your Sevens Legal Criminal Lawyers, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal Criminal Lawyers, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.

Sevens Legal Criminal Lawyers, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal Criminal Lawyers, criminal defense lawyers, call (619) 494-3440. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

]]>
The Biggest Money Laundering Investigation in San Diegohttps://www.sevenslegal.com/blog/biggest-money-laundering-investigation-san-diego/791/Thu, 15 Mar 2018 15:00:33 +0000https://www.sevenslegal.com/blog/biggest-money-laundering-investigation-san-diego/791/San Diego federal prosecutors have announced they have indicted 75 people nationwide, including 40 in San Diego, in what is being called the biggest money-laundering investigation ever in San Diego.San Diego federal prosecutors have announced they have indicted 75 people nationwide, including 40 in San Diego, in what is being called the biggest money-laundering investigation ever in San Diego.

Biggest San Diego Investigation Into Money Laundering

According to interim U.S. Attorney Adam Braverman, defendants in the case have laundered drug proceeds from the Sinaloa cartel for years. Braverman announced the network, led by 32-year-old Jose Roberto Lopez-Albarran, was responsible for laundering tens of millions of dollars in drug profits over the past three years.

The indictment of so many is the result of a three-year probe undertaken by a both federal and local law enforcement under the FBI’s Cross Border Violence Task Force.

Investigators seized $6 million in cash as well as hundreds of pounds of drugs like methamphetamine, fentanyl, heroin, cocaine and marijuana. Lopez, the alleged leader of the operation, oversaw a large network of people now being called “money movers.” These “money movers” were responsible for shuttling money across the country. Cash was hidden in vehicles, or in cash-stuffed duffel bags, luggage, and even shoe boxes. The cash was then deposited in “funnel accounts,” which were set up at U.S. banks that are able to receive deposits from multiple states. That money was deposited in amounts of less than $10,000 as to not be flagged by banks which are required to file official reports with regulators. That money was then wire transferred to accounts for bogus Mexican companies which were actually controlled by the organization.

Lopez was arrested in San Diego on Feb. 9 and has been in custody ever since.

An additional 21 people who were named in the indictments are also in custody, officials said. The 19 remaining people have not been arrested.

Another co-defendant, 62-year-old Manuel Reynoso Garcia, has been accused of orchestrating the money-laundering activities. He was charged last month in federal court with money laundering conspiracy and other charges and pleaded not guilty.

“We have siphoned the cash and life out of a San Diego-based international money laundering organization with ties to the Sinaloa cartel,” Braverman said.

US Treasury Department Cracks Down on Money Laundering

Starting in March, the Treasure Department will be tracking sales of high-end real estate in Miami and Manhattan. According to the department’s Financial Crimes Enforcement Network, it will now be required that certain title companies identify the individuals behind shell companies that purchase properties exceeding more than $3 million in all-cash transactions in Manhattan and exceeding more than $1 million in all-cash transactions in Miami.

Manhattan and Miami are being targeted because they are two of the country’s most expensive housing markets, but if the program is successful in identifying fraudulent action, then the initiative might be adopted elsewhere.

Money Laundering

Money laundering, often referred to as a “white collar crime” is the act by which criminals disguise the original ownership of funds so that it appears to have derived from a legitimate source. Money laundering happens not only within the nation, but quite often throughout various nations, as it is often easy for criminals to transfer funds to off-shore accounts.

While there are numerous money-laundering techniques, the Treasury’s initiative hopes to crack down most on shell companies. Shell companies are fake companies that are established to take in money as payment for goods or services that are not actually offered, thus providing a place to “hide” the money that it receives. Fake invoices and balance sheets are a way to make transactions appear valid and legitimate.

Reason for Money Laundering Crack Down

The Treasury is concerned that some of the deal estate deals taking place in Manhattan and Miami are actually being made by corrupt foreign government officials and other international criminals in an attempt to launder money. Because many of these all-cash transactions are made through shell companies, the individuals behind the sales are able to disguise their identities. Making the problem even more difficult to trace is that fact that many shell companies are held by other shell companies, thus providing even more layers between the transaction and the individual making the purchase.

March Unveiling

According to the Treasury’s announcement, the new disclosure requirements will apply for 180 starting in March. During that time, all all-cash real-estate transactions over $3 million in Manhattan and $1 million in Miami will require full names of those making the purchase. Those in the title insurance industry will be required to not only identify buyers, but also report the information to the government, who will then record the information in a database for the US Treasury Department.

Title companies will implement the government’s initiative “to help prevent money-laundering schemes and the illegal purchase of real estate in the United States,” said Michelle Korsmo, CEO of the American Land Title Association.

This will only apply to all-cash transactions as those are the ones that are the hardest to track. For those that need financing, etc… they are already required to provide information to obtain the financing. While the initiative will only take place for 180 days, the government will still be able to seek an extension under federal law that would require full disclosure of identification.

Is Money Laundering Really a Problem?

The real estate markets in Manhattan and Miami have boomed over the past year. At the close of 2015, the median Manhattan home sold for $1.5 million. That’s up 17.3% from the previous year, according to the real estate brokerage Douglas Elliman. Those prices haven’t been seen since right before the housing crisis of 2008. And the median sales price for a luxury unit was $6 million. That’s an even higher jump of 25% from the previous year.

Most importantly, nearly half of those purchases were all-cash. And if the Treasury is correct, that means a lot of potentially illegal money laundering activity.

But that’s just Manhattan. In Miami Beach, the median sales price for a luxury single-family home exceeds $6 million. A chic condo towers within the area’s expensive locations are causing buyers to flock to the Miami.

There was $100 billion spent on Florida real estate transactions last year. And according to the National Association of Realtors, nearly a quarter of that came from international buyers. Of those purchases, 74% were all-cash.

Housing Industry Reacts

The new measure might prove difficult for the housing industry and those working within it such as realtors and appraisers

“It’s painting the high-end segment as having overall treachery, and that’s unfortunate,” said Jonathan Miller, chief executive at the appraiser Miller Samuel. “It’s certainly not helpful to the high end of the market because it adds another level of complication to a transaction.”

Real estate developer Kevin Maloney doubts the initiative will affect sales. He estimates about 60% of his buyers typically use corporations for their transactions, but that isn’t because they are trying to hide any illegal activity.

“People who are buying in the luxury sector want privacy, want anonymity,” said Maloney. “We generally know our buyers because they come in, and they interface with us.”

Money Laundering and Concealment

According to the International Monetary Fund (IMF), the amount of money laundered every year is estimated to be between $600 billion and $1.5 trillion.

A large aspect of money laundering, and being convicted of money laundering has to do with concealment. For money laundering charges to be brought, a prosecutor must show that the person concealed money specifically in order to conceal the ownership and source of the money, as well as control of the money, as to make it appear as if it came from a legitimate source.

Proving concealment is key. For example, if you make a $10,000 profit from privately selling your car and then try to hide that income from the IRS, you have not committed “money laundering.” Yes, you’ve violated tax laws, but because your sale was legal, money laundering charges cannot be brought.

Penalties for Money Laundering

There are state and federal laws regarding penalties for money laundering. Typically, being convicted of committing money laundering results in fines, prison, probation, or a combination of these penalties.

Prison

While money laundering is typically charged as a felony offense, some states charge it as a misdemeanor. A misdemeanor money laundering conviction can result in a year-long jail sentence. Felony convictions carry penalties of a year or more in prison. In situations where a person is a repeat offender and money laundering was part of an ongoing criminal enterprise, or if money laundering was related to terrorist activities, prison sentences can be 35 years or more.

Fines

The fines associated with a money laundering conviction can be steep. A misdemeanor money laundering conviction can mean fines up to no more than a few thousand dollars. A federal conviction can result in fines of up to $500,000 or double the amount of money that was laundered, whichever is greater.

Probation

A court can also impose a probation sentence for money laundering convictions. This probation usually lasts for at least one year, but sometimes as long as three years or more. During the time someone is on probation he or she will have to meet specific probation conditions, including: regularly reporting to a probation officer, allowing the officer to conduct random home checks, taking random drug tests, and not committing other crimes. Violation of probation can cause a court to revoke probation. If this happens, a person will most likely need to serve a prison term, face additional fines, increased probation period, and/or face other penalties.

Being Charged with a Federal Crime

Being investigated or charged with a crime by a federal agency is a sobering and often intimidating situation. The Federal Government can use an array of powerful investigative tools as well as having access to judicial assistance to build a case against you.

Federal prosecutors have the power to create a task force from various law enforcement agencies at all levels - federal, state and local- into a powerful prosecution team. Accordingly, federal prosecuting attorneys have the ability to bring tremendous resources against you, and they will not hesitate to do so.

Federal Crime Definition

Crimes are defined as federal crimes when they either cross state lines, involve a federal agency (e.g., the post office, federally insured banks, the SEC and HUD) or involve the Internet. The most common cases prosecuted at the Federal level include drug trafficking, bank robbery, and Internet pornography, but also white-collar offenses such as mail fraud, wire fraud, bank fraud, and money laundering.

As with any criminal charge, you will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal Criminal Lawyers.

After you have discussed the specifics of your case, your Sevens Legal Criminal Lawyers, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal Criminal Lawyers, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.

Sevens Legal Criminal Lawyers, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal Criminal Lawyers, criminal defense lawyers, call (619) 430-2355. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

]]>
Man Arrested for DUI - While Riding a Horsehttps://www.sevenslegal.com/criminal-attorney/man-arrested-dui-riding-horse/789/Thu, 08 Mar 2018 16:00:37 +0000https://www.sevenslegal.com/criminal-attorney/man-arrested-dui-riding-horse/789/This past weekend, authorities arrested a drunken man after riding his horse onto a California freeway for DUI.This past weekend, authorities arrested a drunken man after riding his horse onto a California freeway for DUI.

Man Riding Horse Arrested for DUI

This past weekend, the California Highway Patrol stopped a man after he was found to be riding a horse while under the influence. According to officers, the man registered a blood-alcohol level of .21 - more than double the legal limit.

He was arrested and booked for riding a horse while under the influence. The horse was not injured and was released to the man’s mother.

After the incident, the California Highway Patrol issued this statement via Twitter: “No, you may not ride your horse on the freeway, and certainly not while intoxicated.”

What Happens When You Get Pulled Over?

The first step in a DUI investigation is being pulled over by a police officer, which can be scary. If this was you this past weekend, you probably anticipated the typical question an officer asks: “Have you had anything to drink today?”

Since the officer can’t force you to answer any questions that could be considered incriminating, the best answer might be to tell them you prefer to speak with a DUI attorney before answering their questions. Having a blood alcohol (“BAC”) content under 0.08 is not considered driving under the influence. Admitting that you may have had one beer just explains why your breath smells of alcohol.

The second step in a DUI investigation are field sobriety tests. California does not give you the right to consult an attorney prior to these tests, but you can still politely decline to take them since you are not legally required to submit to these tests. The risk of these tests is that if an officer takes a subjective view they could decide you failed even though the test results were borderline. These results could then be used to convict you for a DUI. However, if a police officer genuinely suspects you are intoxicated, chances are good you won’t get away with a warning.

The next step in a DUI investigation is the Preliminary Alcohol Screening (PAS) test. This test is normally a breathalyzer test, which is a chemical test prior to being arrested. A breathalyzer test is the most common one used by police officers to identify drivers driving under the influence. Breathalyzer tests are also used after an arrest as well. Before actually being arrest, you have the right to refuse to take the breathalyzer test. If you are afraid your blood alcohol level is high, you can take it knowing the possibility exists of later impeaching the test results.

If you have been lawfully arrested for DUI, the law requires you to undergo the administration of a chemical test by a police officer to determine your blood alcohol level (“BAC”).

According to California’s “Implied Consent Law,” you are required to submit to chemical testing to determine your BAC if a police officer arrests you for DUI and the officer has probable cause to believe you were driving under the influence.

After being arrested, often you can chose either the breathalyzer or chemical tests. The breathalyzer is fairly reliable, but the results aren’t for a number of reasons. Breathalyzer tests don’t test for blood alcohol concentration (“BAC”), which requires a blood sample be taken to be analyzed. Because of this, the police will indirectly make an estimate of your BAC.

Blood Test to Confirm DUI

The most accurate tests to determine BAC are blood tests. Because of this, if given the choice you should choose a blood test if you feel your BAC is under the legal limit of 0.8.

Also, your blood sample must be preserved under a specific set of rules that will then be available for your attorney’s use in order for their later independent testing and analysis.

Although you can’t be forced to take a chemical blood test, if you refuse the Department of Motor Vehicles will suspend your California Driver’s License for one year, no matter what the outcome of the DUI case against you. You can request a hearing to contest the suspension, but it must be requested within 10 days from your DUI arrest date.

Charges for DUI - Drunk Driving

Charges for drunk driving (“DUI”) are not only serious but also can carry serious consequences at any time, but especially on Halloween when children are trick or treating throughout their neighborhoods. Penalties for DUI vary by case and severity, but following are sentencing guidelines of what you may face if you drink and drive and are then convicted of a DUI.

First Conviction for DUI

For a first conviction for a DUI in California, you would receive:

  • Jail-time of at least 96 hours but not over 6 months.
  • A fine of at least $390 but not over $1,000, including penalties.
  • Suspension of your driver’s license of six months. The court may grant your a temporary restricted license, however it can’t be reinstated until you provide proof of the completion of a “driving under the influence” state-approved program, and also showing financial responsibility.
  • Based on the circumstances of your DUI, being a first time offender you may also be required by the court to install an Ignition Interlock Device, which will be installed at your expense.

Second Conviction for DUI

For a second conviction for a California DUI you would receive:

  • Jail-time of at lease 90 days but not more than 1 year.
  • A fine of at least $390 but not over $1,000, including penalties.
  • Suspension of your driver’s license of 1 year. Your license cannot be reinstated until you have provided proof of financial responsibility and proof of completion of a state-approved “driving under the influence” program.
  • Based on the circumstances of your DUI, being a first time offender you may also be required by the court to install an Ignition Interlock Device, which will be installed at your expense.

Third Conviction for DUI

For a third California conviction for DUI you would receive:

  • Jail-time of at least 120 days but not more than 1 year.
  • A fine of at least $390 but not over $1,000, including penalties.
  • The state will consider you an “habitual traffic offender” for 3 years after you’ve been convicted.
  • Suspension for 2 years of your driver’s license. Your license cannot be reinstated until you have provided proof of financial responsibility and proof of completion of a state-approved “driving under the influence” program.
  • You may be able to apply to the court for a restricted driver’s license, but you may be required to install an Ignition Interlock Device, which will be installed at your expense.

Fourth Conviction for DUI

For a fourth California conviction for DUI you would receive:

  • Jail-time which may include both jail and prison or at least 180 days but not than 1 year.
  • A fine of at least $390 but not over $1,000, including penalties.
  • The state will consider you an “habitual traffic offender” for 3 years after you’ve been convicted.
  • Suspension for 3 years of your driver’s license. Your license cannot be reinstated until you have provided proof of financial responsibility and proof of completion of a state-approved “driving under the influence” program.
  • You may be able to apply to the court for a restricted driver’s license, but you may be required to install an Ignition Interlock Device, which will be installed at your expense.

When you are arrested and then convicted in California of a DUI, typically a judge will apply guidelines that determine the minimum and maximum sentencing. A judge will also take into consideration the specifics of any previous convictions you may have for DUI.

The Law Offices of Sevens Legal Criminal Lawyers, understands DUI cases inside and out, and they are committed to uncovering contradictory evidence, procedural errors, or violations of your rights. We determine the correct defense strategy based on the facts pertaining to your case. Sevens Legal Criminal Lawyers, handles all DUI cases such as:

  • First DUI Offense DUI: Almost 80% of our clients who are first offenders have their cases resolved without a DUI conviction.
  • Underage DUI: Underage juvenile DUI offenders have unique challenges relating to these charges, and respond according to these challenges.
  • Felony DUI: Felony charges involving DUI require immediate attention. These DUI charges include injury or a 4th offense in a 10-year period.
  • DUI and Drugs: If the drugs are prescription drugs or banned (“street drugs”) substances, they carry the same penalty as a DUI involving alcohol.
  • Multiple DUI Charges: These types of charges involve higher penalties depending on the number of times you have been convicted previously for DUI. Many times we can successfully reduce the statutory jail time by seeking treatment options.
  • DUI Resulting in an Accident: This also includes injury and/or death, or property damage. These require an experienced criminal defense attorney. These charges may involve possible time in a state prison, so it’s imperative to hire a skilled and diligent criminal defense attorney.
  • Boating and DUI: Operating a boat while under the influence of drugs or alcohol carry the same negative consequences as driving a vehicle and being intoxicated.
  • DMV DUI Hearing: It is imperative to act promptly in order to protect driving privileges. The hearing must be requested within 10 days of your arrest, otherwise the DMV will automatically suspend your driver’s license.

Beating a DUI charge is never easy, even if you have a strong defense, which is why it’s important to hire an experienced DUI Defense Attorney.

In DUI cases there can be numerous possible police errors, all of which can add up to helping reduce your charges. After reviewing the facts of your DUI case, our attorneys will concentrate on helping seek a dismissal or reduction by preparing a secure case that will cast doubt on any evidence the police may have obtained against you.

The criminal defense lawyers at Sevens Legal Criminal Lawyers, believe every defendant deserves a zealous defense. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

]]>
Heather Locklear Arrested for Alleged Domestic Violence Incidenthttps://www.sevenslegal.com/blog/heather-locklear-arrested-alleged-domestic-violence-incident/787/Thu, 01 Mar 2018 16:00:37 +0000https://www.sevenslegal.com/blog/heather-locklear-arrested-alleged-domestic-violence-incident/787/Actress Heather Locklear has been arrested and booked on allegations of felony domestic battery and three counts of battery.Actress Heather Locklear has been arrested and booked on allegations of felony domestic battery and three counts of battery.

Alleged Domestic Violence by Actress Heather Locklear

The actress, best known for ‘90’s primetime soap opera “Melrose Place,” was arrested following an alleged domestic incident in her home. According to Sargent Eric Buschow of the Ventura County Sheriff Department, Locklear was taken into custody after sheriffs found evidence that supported claims that Locklear had battered her boyfriend. She also allegedly attacked three of the responding Ventura County Sheriff’s deputies.

Police were called to the house shortly after 9:30 p.m. on Sunday night. Buschow said Locklear was “extremely uncooperative and physically combative” with responding deputies. She claimed she had suffered an injury earlier in the evening. Her bail was set at $20,000, and she has been released.

She is set to appear in court on March 13.

What is Domestic Violence?

Domestic violence includes beating, threatening, sexual assault, or other harm to another person. Angry words can lead to a push or slap, then escalate to other forms of physical, psychological, or emotional abuse. The following charges are also related to domestic violence:

  • Child endangerment
  • Child abuse
  • Physical injury to a spouse or co-habitant
  • Temporary or permanent restraining order
  • Restraining order violations

Common Cliches About Domestic Violence

Despite the usual images of domestic violence society has, anybody can be a domestic violence victim. It doesn’t matter what sex, age, culture, race, education, religion, employment, or marital status they have. While women are the usual victims, men can fall prey to domestic violence as well. Women may be suspicious of strangers, but it’s usually those closest to them, such as a lover, husband, boyfriend, or other family member, who is the mostly likely person to victimize them.

It is estimated that one out of every four women will experience some form of domestic violence during her lifetime. In the United States the leading cause of injury to women between 15 and 44 is domestic violence. This is more than muggings, rapes, and car accidents combine. It is estimated that every 15 seconds in the United States a woman becomes a victim of domestic violence at the hands or her husband or partner. Approximately three to four million women in the U.S. are beaten by husbands or ex-husbands or male lovers each year in their homes.

A critical change happens when women try to leave their relationships because of some level of abuse. Frequently upon leaving the relationships they end up living in poverty. It’s a difficult choice but better than living with domestic violence. In spite of the dangers of domestic violence, there are a number of cultural and social factors that try to encourage women to stay in abusive relationship to try and make things work. It’s difficult when the violence is a long-standing pattern for both the woman and her partner.

Men who abuse their wives or girl friends frequently says it’s because their wives or girl friends are terribly inadequate. “She’s too lazy and doesn’t do what I tell her!” It is evident these abusive men are dependent on their partners. Some factors that leads such men to violence includes emotional withdrawal, fear of rejection, and/or abandonment. Similar to women who are incapable of leaving abusive relationships, men who batter their wives and children also tend to be psychologically incapable of leaving such a relationship.

While women are usually thought of as being victims of domestic violence, men are often victims more than most people realize. While men tend to be physically stronger, it doesn’t mean they can always escape domestic violence in the relationships they have. Unlike women, a man who is abused doesn’t have the resources women do, must face skepticism by police, and encounter major legal obstacles, especially involving trying to gain custody of their children having an abusive mother.

Male victims of domestic violence has to deal with issues their female victims don’t have to. Both genders are hesitant to report domestic abuse because of embarrassment, or the fear of making the situation worse. In addition to embarrassment, male victims have to deal with identity issues of being a man. This is due to the fact they they’re afraid their family and friends will consider them weak if they find out they’re “let” their female partner abuse them. According to a report from the ManKind Initiative, which campaigns for male victims of abuse, statistics show that 38% of domestic abuse victims are actually male.

Domestic Violence Laws in California

California’s Domestic Violence Laws have been, originated in 2000, have been referred to as a patchwork of statues trying to help victims of domestic violence. However, these laws don’t address some of the biggest obstacles faced by victims, even though they make an honest attempt to prevent domestic violence in family and intimate relationship situations.

The state identifies the beginning of domestic violence as the time an individual commits a criminal act according to the relationship type specified in the California Penal Code. These relationships are classified as a spouse or ex-spouse; current or former cohabitant in the home; a parent the individual has had a child with; or a partner in a dating relationship. For most situations of domestic violence, these are adequate classifications.

The California Penal Code Section 273.5 criminalizes domestic violence. According to the code it’s a crime if the conduct of an individual willful leads to a “corporal injury resulting in a traumatic condition” suffered by another person the individual has a familial or intimate relationship with specified in California’s domestic violence laws.

Since the Penal Code criminalizes battery in familial or intimate relationships, prosecutors can decide to charge defendants with battery under Penal Code Section 243(d) if the defendant “inflicted serious bodily injury” on the victim. Under this section, battery is a greater degree of harm the victim suffered due to domestic violence.

Domestic violence and child abuse frequently go hand-in-hand. To address this, prosecutors may also charge a defendant of domestic violence under various other applicable sections of the Penal Code. Based on the crime’s severity and harm to the victim, as well as other circumstances in the case, a prosecutor decides what criminal charges to pursue.

California Penal Code Section 836 has mandates for arrest for when defendant violate restraining orders. This section recognizes the potential consequences dealing with violations of restraining orders as well as the casual treatment police often give these violations. Now California police are required to arrest offenders who violate restraining orders in domestic violence cases. Unfortunately there is no requirement in the legislation for a district attorney to then prosecute these cases of restraining order violations the police sends to them.

The Role Prosecutors Play in Cases of Domestic Violence

Over the years legislators have been given opportunities to address certain aspects, they still have not address crimes such as domestic violence, rape, and child abuse. The district attorney has absolute power to refuse to file charges even if there is solid the evidence for the charge. When this occurs, the victims have no legal remedy. This unrestricted prosecutorial discretion was shown in Sonoma County which has the lowest conviction rate in the state, and cases for violence against women and children tend to be systematically undercharged.

Even though California does a fair job overall when it comes to enforcing domestic violence cases, there is considerable work still to be done in order to make the laws for domestic violence effective when in order to protect victims and their children.

If you are a victim of domestic violence you need the expert advice and support of a domestic violence attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Wrong-Way DUI Crashhttps://www.sevenslegal.com/blog/wrong-way-dui-crash/785/Thu, 22 Feb 2018 16:00:38 +0000https://www.sevenslegal.com/blog/wrong-way-dui-crash/785/Two people were injured in a suspected DUI wrong-way crash and had to be transported to a local hospital Tuesday morning. According to San Diego police, alcohol might be to blame for the crash.Two people were injured in a wrong-way crash and had to be transported to a local hospital Tuesday morning. According to San Diego police, alcohol might be to blame for the crash.

DUI Crash by Wrong-Way Driver

The driver of a Honda SUV was driving southbound on Fairmount Avenue when he noticed a sedan speeding towards him in the wrong direction. The Honda driver, John Chau, attempted to swerve to avoid the oncoming car, but was not able to get out of the way on time. The impact of the wrong way accident smashed both vehicles’ front ends and took off one of the Honda’s wheels.

The wrong-way driver was arrested on suspicion of DUI and was taken to the hospital. Are you acused of a DUI?

What Happens When You Get Pulled Over?

The first step in a DUI investigation is being pulled over by a police officer, which can be scary. If this was you this past weekend, you probably anticipated the typical question an officer asks: “Have you had anything to drink today?”

Since the officer can’t force you to answer any questions that could be considered incriminating, the best answer might be to tell them you prefer to speak with a DUI attorney before answering their questions. Having a blood alcohol (“BAC”) content under 0.08 is not considered driving under the influence. Admitting that you may have had one beer just explains why your breath smells of alcohol.

The second step in a DUI investigation are field sobriety tests. California does not give you the right to consult an attorney prior to these tests, but you can still politely decline to take them since you are not legally required to submit to these tests. The risk of these tests is that if an officer takes a subjective view they could decide you failed even though the test results were borderline. These results could then be used to convict you for a DUI. However, if a police officer genuinely suspects you are intoxicated, chances are good you won’t get away with a warning.

The next step in a DUI investigation is the Preliminary Alcohol Screening (PAS) test. This test is normally a breathalyzer test, which is a chemical test prior to being arrested. A breathalyzer test is the most common one used by police officers to identify drivers driving under the influence. Breathalyzer tests are also used after an arrest as well. Before actually being arrest, you have the right to refuse to take the breathalyzer test. If you are afraid your blood alcohol level is high, you can take it knowing the possibility exists of later impeaching the test results.

If you have been lawfully arrested for DUI, the law requires you to undergo the administration of a chemical test by a police officer to determine your blood alcohol level (“BAC”).

According to California’s “Implied Consent Law,” you are required to submit to chemical testing to determine your BAC if a police officer arrests you for DUI and the officer has probable cause to believe you were driving under the influence.

After being arrested, often you can chose either the breathalyzer or chemical tests. The breathalyzer is fairly reliable, but the results aren’t for a number of reasons. Breathalyzer tests don’t test for blood alcohol concentration (“BAC”), which requires a blood sample be taken to be analyzed. Because of this, the police will indirectly make an estimate of your BAC.

Blood Test to Confirm DUI

The most accurate tests to determine BAC are blood tests. Because of this, if given the choice you should choose a blood test if you feel your BAC is under the legal limit of 0.8.

Also, your blood sample must be preserved under a specific set of rules that will then be available for your attorney’s use in order for their later independent testing and analysis.

Although you can’t be forced to take a chemical blood test, if you refuse the Department of Motor Vehicles will suspend your California Driver’s License for one year, no matter what the outcome of the DUI case against you. You can request a hearing to contest the suspension, but it must be requested within 10 days from your DUI arrest date.

Charges for DUI - Drunk Driving

Charges for drunk driving (“DUI”) are not only serious but also can carry serious consequences at any time, but especially on Halloween when children are trick or treating throughout their neighborhoods. Penalties for DUI vary by case and severity, but following are sentencing guidelines of what you may face if you drink and drive and are then convicted of a DUI.

First Conviction for DUI

For a first conviction for a DUI in California, you would receive:

  • Jail-time of at least 96 hours but not over 6 months.
  • A fine of at least $390 but not over $1,000, including penalties.
  • Suspension of your driver’s license of six months. The court may grant your a temporary restricted license, however it can’t be reinstated until you provide proof of the completion of a “driving under the influence” state-approved program, and also showing financial responsibility.
  • Based on the circumstances of your DUI, being a first time offender you may also be required by the court to install an Ignition Interlock Device, which will be installed at your expense.

Second Conviction for DUI

For a second conviction for a California DUI you would receive:

  • Jail-time of at lease 90 days but not more than 1 year.
  • A fine of at least $390 but not over $1,000, including penalties.
  • Suspension of your driver’s license of 1 year. Your license cannot be reinstated until you have provided proof of financial responsibility and proof of completion of a state-approved “driving under the influence” program.
  • Based on the circumstances of your DUI, being a first time offender you may also be required by the court to install an Ignition Interlock Device, which will be installed at your expense.

Third Conviction for DUI

For a third California conviction for DUI you would receive:

  • Jail-time of at least 120 days but not more than 1 year.
  • A fine of at least $390 but not over $1,000, including penalties.
  • The state will consider you an “habitual traffic offender” for 3 years after you’ve been convicted.
  • Suspension for 2 years of your driver’s license. Your license cannot be reinstated until you have provided proof of financial responsibility and proof of completion of a state-approved “driving under the influence” program.
  • You may be able to apply to the court for a restricted driver’s license, but you may be required to install an Ignition Interlock Device, which will be installed at your expense.

Fourth Conviction for DUI

For a fourth California conviction for DUI you would receive:

  • Jail-time which may include both jail and prison or at least 180 days but not than 1 year.
  • A fine of at least $390 but not over $1,000, including penalties.
  • The state will consider you an “habitual traffic offender” for 3 years after you’ve been convicted.
  • Suspension for 3 years of your driver’s license. Your license cannot be reinstated until you have provided proof of financial responsibility and proof of completion of a state-approved “driving under the influence” program.
  • You may be able to apply to the court for a restricted driver’s license, but you may be required to install an Ignition Interlock Device, which will be installed at your expense.

When you are arrested and then convicted in California of a DUI, typically a judge will apply guidelines that determine the minimum and maximum sentencing. A judge will also take into consideration the specifics of any previous convictions you may have for DUI.

The Law Offices of Sevens Legal Criminal Lawyers, understands DUI cases inside and out, and they are committed to uncovering contradictory evidence, procedural errors, or violations of your rights. We determine the correct defense strategy based on the facts pertaining to your case. Sevens Legal Criminal Lawyers, handles all DUI cases such as:

  • First DUI Offense DUI: Almost 80% of our clients who are first offenders have their cases resolved without a DUI conviction.
  • Underage DUI: Underage juvenile DUI offenders have unique challenges relating to these charges, and respond according to these challenges.
  • Felony DUI: Felony charges involving DUI require immediate attention. These DUI charges include injury or a 4th offense in a 10-year period.
  • DUI and Drugs: If the drugs are prescription drugs or banned (“street drugs”) substances, they carry the same penalty as a DUI involving alcohol.
  • Multiple DUI Charges: These types of charges involve higher penalties depending on the number of times you have been convicted previously for DUI. Many times we can successfully reduce the statutory jail time by seeking treatment options.
  • DUI Resulting in an Accident: This also includes injury and/or death, or property damage. These require an experienced criminal defense attorney. These charges may involve possible time in a state prison, so it’s imperative to hire a skilled and diligent criminal defense attorney.
  • Boating and DUI: Operating a boat while under the influence of drugs or alcohol carry the same negative consequences as driving a vehicle and being intoxicated.
  • DMV DUI Hearing: It is imperative to act promptly in order to protect driving privileges. The hearing must be requested within 10 days of your arrest, otherwise the DMV will automatically suspend your driver’s license.

Beating a DUI charge is never easy, even if you have a strong defense, which is why it’s important to hire an experienced DUI Defense Attorney.

In DUI cases there can be numerous possible police errors, all of which can add up to helping reduce your charges. After reviewing the facts of your DUI case, our attorneys will concentrate on helping seek a dismissal or reduction by preparing a secure case that will cast doubt on any evidence the police may have obtained against you.

The criminal defense lawyers at Sevens Legal Criminal Lawyers, believe every defendant deserves a zealous defense. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

]]>
Serving Jail Time Before a Convictionhttps://www.sevenslegal.com/blog/serving-jail-time-conviction/597/Thu, 15 Feb 2018 16:00:15 +0000https://www.sevenslegal.com/blog/serving-jail-time-conviction/597/While it might sound hard to believe, many people serve time behind bars before they are even convicted of a crime just because they can’t afford to post bail. It’s a fact that lawmakers in California are trying to change. New proposed language would set bond amounts according to the defendant’s income.

Bail and Serving Time in Jail Before Being Conviction


According to the Prison Policy Institutes, about a third of the people sitting in jail cells across the nation are serving time before they have even been convicted of a crime because they cannot afford to post bail.

The average bail amount in California is set around $50,000, an amount well out of reach for those arrested to be able to pay, even when working with a bail bond company. According to statistics cited by lawmakers seeking to change California’s cash for bail system, 63 percent of inmates in the state’s county jails (roughly 46,000 people every day) are those that are awaiting trial or sentencing.

Bail Bond Overview

Chances are you will have to get a bail bond to get out of jail if you or your loved one has been arrested for any type of serious crime. You may have also seen television commercials about bail bonds, but unless you’ve directly dealt with the issue of posting bail, you may find that you need a brush up on your knowledge about bail bonds.

What is “Bail”

Bail constitutes an agreement between you, the defendant, and the court. As the defendant, you agree to post a specific amount of money in exchange for the assurance that you’ll return to court for your scheduled court date. Upon appearing in court as scheduled, and as stated in the bail bond agreement, you get your money back.

As an example, if the court sets bail at $15,000, this means you can pay $15,000 to the court in order to be released from jail. Once you return to court on your specified date, you’re able to get your money back. You’ll get your money back even if you’ve been convicted at your trial. However, you don’t show up for even one of your court dates, you will immediately forfeit your $15,000 and a warrant for your arrest will be issued. If you can’t pay the bail the court has set, you won’t be able to get released from jail. Therefore, you will have to remain in jail until the date the court has set for your trial.

Not being able to post your bail can be a difficult and stressful situation. It means you may have to remain in jail for months between the time of your arrest and the beginning of your trial. Because of this, posting bail usually becomes your first priority after being arrested. Therefore, this is the reason people turn to bail bonds as a means to be released from jail.

How Bail is Determined and Set Currently

Once you’ve been arrested, you’re immediately booked to jail. Once in jail, all your vital information, such as name and personal information, as well as your photo and fingerprints are recorded in the police department’s computer and database. Also, all your personal items are impound. After being booked, you’ll be given a sobriety test. This may be a second sobriety test if you’ve been arrested due to failing the first sobriety test. After this, you’ll be permitted to make one phone call, after which you’ll be put into a jail cell. After this your hearing will be scheduled, where the judge will decide what the amount of your bail will be. This usually happens within 48 hours after your arrest.

Normally the majority of jurisdictions use a schedule for bail to decide the bail amount that should be set. The Superior Court of Los Angeles County sets a bail of $20,000 if a person has been arrested for a felony. The maximum sentence possible for for a felony is 3 years in jail. However, the judge hearing the case has considerable leeway when they decide to set bail. Frequently they will also take external circumstances into consideration when setting bail.

As an example, if this was your first offense, you are currently employed, and have a family in the area, the judge may decide to reduce your bail amount below the required amount. The judge may even decide to completely discard it.

Another example would be if you have multiple offenses on your record and the judge thinks you might be a flight risk. In this instance, the judge’s decision might be to increase your bail or even revoke your ability and permission to post bail.

Some jurisdictions may assign your bail as soon as you’re booked and not wait for an initial hearing. This typically happens only in low level offenses. A police officer will advise you whether you will be able to immediately post bail of if you will be permitted to use a credit card to pay your bail amount.

How Bail Bonds Work

Bail bonds are similar to personal loans. After putting down a small percentage for the total amount, a bail bondsman or agent, gives you the rest of the money needed for your bail. Like a loan officer, this bail bondsman or agent is similar to the lender of a personal loan. As an example, if your bail is $15,000, you or a family member would be required to make a deposit of $2,000. The bail bondsman or agent would then give you the $15,000 bail needed for you to “post bail.” Most bail bond companies also will require you to provide them with some type of collateral in order to get the remaining money needed for your bail bond. Collateral is usually a deed to your house, item of jewelry, or car. This collateral is used in order to secure the bail bonds’ loan in case you don’t show up at your appointed court date, in which case you would not get your money back. After your trial is over, and you receive your money back from the court, the money is returned to bail bond company you received your bail from.

Due to the fact that this is a financial risk the bail bondsman and bail bond company take because of this loan, they will often take additional precautions to make sure you attend all of your court dates. The bail bondsman wants to make sure his or her company receives back all the bail money it loaned you.

As a result of these precautions, bail bond companies will frequently do the following: Prefer a relative or friend put up the necessary collateral for your bond. This is because you will then be less likely to miss a court date since your relative’s or friend’s house or property is on the line in for your bail bond.

Call you before each court date in order to remind your about your upcoming trial. Require you to make periodic check-ins at their bail bond office to make sure you haven’t left town. Like most defendants, you will probably agree that these precautions are a small prices to pay in order to be able to stay out of jail while waiting for a trial date or during your trial.

Bail Bonds and Their Various Types

Some of the different bail bonds that are available include:

  • Surety Bond: This type of bail bond is secured by an insurance company. It’s common for bail bondsmen to work with insurance companies in order to provide financial backing for their bonds.
  • Property Bond: If you own property (i.e., a house), the bail bondsman may be able to use this as collateral instead of putting down cash. With this type of bond the court places a lien on your property and can sell it if you do not appear for your court date(s).
  • Release on Own Recognizance: Sometimes a judge will agree to release you without setting any bail amount. This normally happens only if you are accused of a low level crime and the judge doesn’t consider you to be a flight risk.
  • Cite Out: This would be if you are caught doing something illegal and the officer then decides to issue a citation to appear in court instead of booking you into jail.
  • Immigration Bond: If you are detained by Immigration and Customs Enforcement (ICE), an immigration bond will permit you to be released from jail until your hearing is completed.

Bail and Bounty Hunters

If you decide to flee or skip your trial and a bail bondsman is not able to reach you, chances are they will then hire a person called a “bounty hunter” in order to track you down and then return you to custody.

How to Secure a Bail Bond

If your bail amount is set higher than you or your family member or friend can afford, you will need to secure a bail bond as soon as possible. However, there are still important considerations and questions you need to take into consideration.

A bail bondsman will want to make sure they’re getting the most for their money. To do this they will charge a bail bond bond premium fee that is usually 10-30% of your bail bond amount. This fee is normally not refundable. This means that even if you show up for all your court dates and receive your bail money back, you will never get that 10-30% of your money back.

Therefore, it would be wise to look for a bail bondsman that would require a lower premium. Also, you will also want to take into consideration if there is an initiation or application fee in addition to the premium.

In addition to bail bond feeds, there are also court and attorney fees you need to take into consideration.

If you have been arrested and accused of a crime, you needs to acquire and work with a criminal defense attorney such as Sevens Legal Criminal Lawyers. Once you have discussed the specifics of the allegations against you with your attorney, they will inform you of the strengths and weaknesses pertaining to your case, as well as any risk of conviction and punishment you may be facing. A criminal defense attorney such as Sevens Legal Criminal Lawyers, can also negotiate a plea deal as well as decide to move forward with trial, while working constantly to make sure your best interests are served. At Sevens Legal Criminal Lawyers, every defendant has a right to our zealous defense. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

]]>
Drug Diversion Program Participation and Prop 47https://www.sevenslegal.com/criminal-attorney/drug-diversion-program-participation-prop-47/367/Thu, 08 Feb 2018 16:00:04 +0000https://www.sevenslegal.com/criminal-attorney/drug-diversion-program-participation-prop-47/367/A newspaper article about the LAPD gave insight into the controversy about how Prop 47 has changed the day-to-day procedures of police departments.A few months ago a newspaper article about the Los Angeles Police Department gave an interesting insight into the controversy about how Prop 47 has changed the day-to-day procedures of police departments.  

Prop 47 Changes Felonies to Misdemeanors

With the passage of Prop 47, certain felonies, such as drug possession, became misdemeanors instead. This promised to save money by putting drug users into treatment programs instead of locking them up.

The newspaper article reported that two LAPD officers detained a homeless man. The man had set up an encampment under a local freeway underpass. After the man was handcuffed, one officer watched him while the other carefully rummaged through the man’s belonging, including a grimy mattress he supposedly used to sleep on. The officer’s search discovered two needles plus a glass pipe still filled with a small amount of methamphetamine. Before the passage of Prop 47, this homeless man would be facing a felony charge and been arrested and taken to jail.

Now that Prop 47 is the law in California, the officer just gave the man an admonishment to try and stay out of trouble. Then the officers drove off, leaving the man to his under-freeway homeless encampment. Although they could have issued a citation, these types of citations are usually disregarded by recipients as well as law enforcement since they don’t involve jail time or other significant consequences. Before Prop 47, possession of even small amounts of drugs were charged with felonies and/or a sentence to enter a drug diversion program.

Law Enforcement and Attitudes Toward Prop 47

Practically speaking, this common attitude about minor narcotics possession is held in the county by law enforcement. Officers state that people found with larger amounts of drugs are still charged as vigorously as they’ve been in the past. In Los Angeles, arrests for narcotics have dropped by 30%, and 48% in other areas the LAPD patrol. Police officers busy with other calls tend to decide it’s not worth the time spent to process minor narcotics cases.

There is a lot of criticism about this. Even people who are strongly for Prop 47 realize some offenders who are now just facing misdemeanor charges will choose to go to jail rather than make a commitment to enter a drug diversion program.

Drug offenders realize that since 1988 early jail release has been a common practice since a federal judge permitted inmates to be released early as a temporary solution to the problem of jail overcrowding. The result of this is that many inmates only serve approximately 10% of their time before being freed. So, by choosing jail over committing to a drug diversion program they are almost assured of being released early and therefore not having to deal with a drug treatment program.

Law enforcement officials believe they’ve lost their ability to deal with drug offenders, many of whom steal in order to support their drug habits. An investigation by the LA Times in 2006 discovered almost 16,000 drug offenders were rearrested due to committing new offenses during the time period of their sentences, if they had not been released early. To support this viewpoint, offenders released early have contributed to a noticeable increase in property crime rates since Prop 47 was passed.

Although it may be debatable as far as how much of this increased crime rate can be attributable directly to drug addicts, this is a frequently used arguments by Prop 47 critics.  

Diversion Drug System in California and Prop 47

Drug addicts themselves even admit Prop 47’s new laws permit troubled individual to steal and injure themselves with little if any consequence. One of the concerns is that people who are now issued misdemeanor citations instead of felony citations are missing the opportunity to treat their drug addictions in order to turn their lives around. Prior to Prop 47 there was the possibility of redemption for drug addicts through California’s Drug Diversion System, which is administered by what is known as “Drug Courts.”

Drug Courts and Prop 47

For a long time prior to Prop 47 it was felt that drug courts were a cheaper and more effective alternative than prison sentences for people struggling with drug addition and who are facing felony charges. When it came to most offenders, if was felt that participation in some type of drug diversion program was a more desirable option instead of jail and a felony record.

With over 220 drug courts in California, they offer non-violent drug offenders with an alternative to jail and criminal prosecution. Since the 1990’s, these courts have traditionally placed substance abusers in specialized drug treatment programs.

Before Prop 47 was voted into law, possessing illegal drugs for personal use case was either prosecuted as misdemeanor or a felony, which depended on the type of drug involved and its amount. Based on the offense circumstances and the person’s background, if they met certain conditions they could qualify to be eligible to participate in a drug diversion program.

It’s recognized that drug courts are a cheaper and effective way of addressing the issue of addition by the courts. They are successful because they use a collaborative approach where law enforcement, public defenders, judges, prosecutors, probation officers, and providers of drug treatment programs work together to identify addicts involved in the justice system to address what their needs are using intense treatment in order to make sure they comply using rigorous monitoring as well as supervision.

It’s been shown that successful drug court treatment programs have reduced criminal recidivism and increased the likelihood of rehabilitation for the participant. The refusal or failure has the serious consequence of jail time and a felony record. Because of this, drug offenders have the immediate incentive to participate and complete the offered drug treatment program. These types of programs provide structure and accountability, plus the constant threat of legal sanction, that drug addicts need to overcome their addiction.

Prop 47’s Effect on Drug Diversion Cases

While drug courts have been proven to be effective, they are not used as often since drug addicts have discovered that under Prop 47 their drug possession charges are now misdemeanors instead of felonies. Since drug possession has been reclassified as misdemeanors, the maximum punishment possible is a year behind bars, although most offenders are released before serving their time, if they server any time at all, due to jail overcrowding.

Therefore, most drug possession offenders don’t have much to lose by choosing jail time over a drug treatment program. Most of the offenders are still eligible for drug treatment programs, and they are also eligible for relief under Prop 47. The court system can, and will, still refer drug offenders to treatment programs, but their attendance is not compulsory and there are legal consequence if they fail to complete the treatment or refuse it altogether. Without the incentive to try and avoid extensive time in jail or prison, plus having a felony record, there isn’t much motivation to accept the option of a drug treatment program, with the judicial scrutiny and monitoring that goes with it.

A good example of the decreasing participation trend for the state’s drug treatment diversion programs under Prop 47 is the Orange County’s drug court. Before the passage of Prop 47, between 50-80 applications were made every month for Orange County drug court. Within a few months after it’s passage, applications dropped to about 12 application. Similarly, admission in Los Angeles County dropped 50%.

Even though Prop 47 legislation has only existed for about nine months, the state’s drug courts continue to see a tremendous impact. A few weeks after it went into effect in San Diego County, just about every drug offender whose charges were reduced from felonies to misdemeanors pleaded guilty rather than opting to participate in drug treatment programs. In February, 2015, Solano County drug court participation dropped 35%, and San Bernardino dropped to 59% compared to the levels they were before Prop 47.

Considering these drops in participation, some drug courts have been considering the idea of restructuring their programs to focus on services to alternative populations like addicts with felonies who aren’t eligible to have their charges reduced to misdemeanors.

Many analysis and practitioners are afraid that Prop 47 will create a new class of addicts who evade incarceration as well as treatment, with the result that they will be arrested for further, and perhaps more violent, offenses. These individuals are representative of the high probability that they’ll be involved in ongoing criminal behavior in order to facilitate their drug addiction. Addicts frequently engage in illegal behavior and crimes such as petty theft, major crimes such as armed robbery, and even murder, to financially support their drug habit.

Without drug intervention programs and treatments that drug courts provides, the potential for the commission of more serious crimes exist as addicts who don’t go to jail or has reduced sentences due to overcrowding increases.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Juveniles Given a Chance with New Lawshttps://www.sevenslegal.com/criminal-attorney/juveniles-given-chance-new-laws/776/Thu, 01 Feb 2018 16:00:00 +0000https://www.sevenslegal.com/criminal-attorney/juveniles-given-chance-new-laws/776/New laws in California will end life sentencing for children and teens and allow them the opportunity for parole after 25 years.The treatment of juveniles in the justice system has been debated for years. New laws in California will end life sentencing for children and teens and allow them the opportunity for parole after 25 years.

New Laws Give Juveniles a Chance

For juveniles entering the justice system at a young age, it can feel as if there’s no hope and no chance for getting out of the system. New state laws are seeking to change that.

One new law allows for anyone who was sentenced to a life sentence as a minor to become eligible for a parole hearing after serving 25 years. For the 300 people currently serving time who were sentenced to life as juveniles, that means they now have a chance at parole.

Another law will limit fees that local jurisdictions are currently charging families with children behind bars. The same law also allows the courts to seal some juvenile records.

Michael Rizo knows the court system all too well. He spent a majority of his teens in and out of juvenile hall for theft. “I would run away, get another warrant, go on the run. Go back and forth,” said Rizo. Rizo, now 20, wanted the cycle to stop.

“It’s just, talking to your mom through a window when you want to hold your mom, that tears you apart,” he said.

He decided to lobby for new laws alongside state Sen. Holly Mitchell (D- Los Angeles). Their arguments for the new laws were based on studies showing that teenage brains have not yet fully matured.

“The young people who came and testified in committee, their stories were no different from yours or mine. They found themselves in the foster system. Some of them have parents in the criminal justice system,” said Mitchell.

“We’re clear that these kids at those critical teenage years are not adults. And so even those who get caught up in the justice system-we have to view with that same lens,” she said.

“People deserve second chances,” Rizo said.

Criminal Defense Attorney’s Importance for Teenager

The best way defense against criminal charges is for you and/or your teenager to have a criminal defense attorney. A criminal defense attorney’s primary responsibility is to explains the often difficult to grasp legal procedures and effects associated with every legal action. They will also represent you and your teenager during a criminal trial as well as guide you through all the associated procedures. In cases involving teenagers, the best defense is a criminal defense attorney.

Lisa Green, also a journalist, television legal analyst, and attorney, having a criminal defense attorney handy just in case your teenager may need them is, “the unrecognized area that parents, particularly parents of teens, miss all the time. So many of our friends have armies of tutors, extracurricular activities, all sorts of angles covered … but when it comes to the law, there’s this black hole.”

Law Can Be Overwhelming for Parents of a Teenager

Although parents aren’t usually naive, they are always hopeful. A parent’s worse nightmare is when they discover their child has been involved in some type of legal trouble. Although it might be best to not think about this, Green thinks parents don’t consider keeping a criminal defense attorney on hand because they think their child will never get into any type of legal trouble.

Even if they’re afraid or intimidated by legal laws, parents should be prepared just in case.

According to Green, it doesn’t matter if a case is as serious as manslaughter or a small infraction such as vandalism, they still need to be prepared.

“I cannot count the number of kids I know, good kids, who find themselves in the wrong place at the wrong time,” Green said.

“I have now two young adults, and when they were going through their teenage years, it was a simple matter of a party that went wrong, a group of kids in the park when the police stop by and have some questions, bringing something to school they shouldn’t have.

“And in each of those cases, a little bit of knowledge of the law, a little bit of knowledge of what their rights are, the right way to behave, would have saved parents a heck of a lot of grief.”

A Criminal Defense Attorney is Like a Tutor

Green feels that instead of being intimidated at finding a criminal defense attorney parents need to think about possible issues, the same way they’d look for a good orthopedist if their teenager “breaks a bone, or the best tutor if their child is struggling before the SAT.”

“I am not saying that parents need to go out and get their own law degrees … but just dipping your finger into the topic will help you understand what’s available to you to help you parent better,” Green says.

The rising popularity of social media is a large role in the lives of teenagers. Many times teenagers can create a totally different persona from the one’s their parents think they know. Facebook, Twitter, and Instagram, are just some of the social media outlets a teenager’s parents have little if any control over.

In addition, Green provides other examples from real life. For example, a school administrator requests a teenager turn over their cell phone due to allegations they sent inappropriate text messages. Does the teenager have any legal protections?

Green says that parents should know that a school is not permitted to open a teenager’s cell phone without any reason.

“They need to have reasonable suspicion that something’s wrong,” Green said. She advises parents to talk to their teenagers about what the appropriate behavior and action are, and what’s not appropriate if it comes down to dealing with a request such as this. Basically, parents must act as their child’s advocate when dealing with legal issues. As an example, a teenager should handle a request such as this as follows:

“If you’re asked, as a child, for a locker search, to open a phone, to open a laptop, if it’s your property, pause and ask if you could call Mom and Dad,” Green said.

“We can act whether we’re lawyers or not as that first line of defense.”

Teenager Heading for College

Green suggests that parents whose teenagers are heading off to college to take some time and read through the school’s code of conduct, whether it’s online or in the “new student packet” most colleges send to their incoming students.

“They don’t tell you about it during that fantastic tour with the kid walking backwards as your child is looking around to say, ‘Who can I party with?’ But it’s a really important set of information because different schools have different levels of tolerance for various campus activities,” Green said. These rules and activities range from the number of people permitted in a dorm room at any given time, to drinking on campus, or when it’s permitted to pledge a frat or sorority.

Parents also need to be aware that they may face charges for any crimes their teenagers commit. This includes fines as well as jail time.

There are also laws about “social host” that parents need to know. Parents can held criminally responsible, including facing civil damages, if their teenagers drink alcohol in their home then leave and commit a crime, including if anything tragic occurs such as underage DUI.

The Laws of Social Host

Mothers Against Drunk Driving indicate that currently there are social host laws on the books in more than 150 cities and counties in the U.S. as well as in 24 states. Some of these states and cities even indicate that parents can be liable even if they don’t know underage drinking was taking place in their home.

“It doesn’t have to be you with the shaker, like an episode of ‘Mad Men,’ serving up Manhattans to a group of grateful teens,” Green said. “If you’ve made [alcohol consumption] possible in your home, if you don’t lock your liquor cabinet - I never did - and all of a sudden kids are drinking, that could be a problem as well.”

Teenagers Still Require Punishment

Although Green isn’t advocating these laws aren’t correct, she simply thinks it’s prudent for parents to be educated when it comes to the law and it’s repercussions. She stresses that bad teenage behavior should either legally be punished or punished at home.

“I am not advocating that kids should be absolved of responsibility. If a kid does something wrong, if they broke the law, they ought to be punished appropriately by it. But we also live in a society where we have legal rights, and I want parents to know that they should be aware of what those are so they can help their child use better judgment.”

How to Find a Good Criminal Defense Attorney

So what is the best way to locate a good criminal defense attorney that can help defend your teenager if they happen to break a law?

Green suggests that parents ask their friends and colleagues to get referrals. You can also contact and consult your local state bar association. You should locate a criminal defense attorney in your state that has experience handling criminal defense issues.

Once you have a list of names, call and request to interview them. Make sure you ask any and all questions to help make a decision on which one would be best. Some questions include how much their services cost (which can vary), who handles the work, and what’s their philosophy when it comes to teenagers’ rights and the law.

“You may or may not end up being friends afterwards, but that’s not as important as feeling secure that your attorney is approaching the situation in a way that feels right for you.”

If you’re in the market for a criminal defense attorney for your teenager, feel free to contact Sevens Legal Criminal Lawyers, to answers all your questions. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Neighbor Gets Restraining Order From Trent Reznorhttps://www.sevenslegal.com/criminal-attorney/neighbor-gets-restraining-order-trent-reznor/766/Thu, 25 Jan 2018 16:00:07 +0000https://www.sevenslegal.com/criminal-attorney/neighbor-gets-restraining-order-trent-reznor/766/Trent Reznor, founder of band Nine Inch Nails and noted composer, has filed for a restraining order against his neighbor.Trent Reznor, founder of band Nine Inch Nails and noted composer, has filed for a restraining order against his neighbor.

Trent Reznor Gets Restraining Order Against Neighbor

52-year-old Reznor has filed for a restraining order against his neighbor, claiming “there have been a series of escalating and increasingly hostile, threatening, irrational and harassing encounters.” Reznor alleges he has seen his neighbor drunk and half-naked in a Santa hat.

Allegedly, the neighbor across the street, has yelled obscenities at his nanny and children and at one point “erratically raced his black Mustang around our cul-de-sac at high speeds, revving his engine, and saying Satan’s going to get me.”

Apparently the neighbor has been upset over ongoing construction on the rocker’s house. Reznor claims the neighbor told his assistant “she should go back to work and tell the ‘king’ that his neighbors are sick of him and his construction.”

The latest incident happened on January 8 when Reznor and his neighbor got into an argument. Allegedly that argument was over the placement of the musician’s trash cans.

Reznor says his neighbor’s previous erratic behavior has given him reason to fear for the safety and security of his family as well as visitors to his home. He says police recommended that he file for the restraining order against his neighbor.

The restraining order extends protection to Reznor’s family, including his wife and children. As part of the order, the neighbor must stay 10 yards away from Reznor and his property until the formal hearing in February.

Reznor founded Nine Inch Nails in 1988 in Cleveland, OH. and has also contributed as a composer on soundtracks “The Social Network,” “The Girl with the Dragon Tattoo” and “Gone Girl.” He received an Oscar for “The Social Network.”

Restraining Order Violations and Contempt of Court

When a civil court order, such as restraining orders, are violated, this is considered “Contempt of Court.” A violation such as this happens if you intentionally ignore a legal restraining order, also known as a “protective order,” issued by a judge. Under California Penal Code Section 273.6, contempt violations are considered a criminal act, punishable by fines and/or imprisonment.

In order to prove a conviction for violation of a restraining order under Penal Code 273.6, a prosecutor must prove: (1) a judge issued a legal protective order; (2) the defendant was aware of the legal protective order; and (3) the defendant knew they were intentionally violating the legal protective order.

California Restraining Order Violation Penalties

Even though protective order violations are usually considered misdemeanors, the penalties under Penal Code 273.6 can be up to a year in county jail and a fine of as much as $1,000. If convicted of violating a protective order a second time, it can either be charged as a misdemeanor or felony, which includes anywhere from probation and as much as one year in jail, to three years in a state prison and maximum fine as much as $10,000. If the second conviction is within one year of the first, the penalties and fines are greater. If the violation of a protective order results in personal bodily injury, there is also a statutory minimum requirement of 30 days in jail.

California Restraining Order Violation Defenses

Legal defenses that can be used if you are charged with violating a protective restraining order include the following:

1. Lack of Intent: If a person is unaware that a protective order has been issued, and therefore violates it, they cannot be convicted of a violation. An example is if you accidentally have a chance encounter with somebody in a public place or at a social function who has had a protective restraining order issued against you.

2. Lack of Knowledge: To be convicted of a restraining order violation, the court must prove you had knowledge of the protective order. If you are unaware that a protective order has been issued, you cannot be convicted for violating it.

3. False Accusation: A person who has been issued a protected order may falsely accuse you of attempting to contact them in violation of the order. They may also try to arrange a meeting with you in order to make you violate a restraining order. These are some ways a protected person can try to falsely accuse you of violating their protective restraining order.

If you have been accused of violating a protective restraining order, you need the expert legal assistance of Sevens Legal Criminal Lawyers. Schedule a consultation today!

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Dennis Rodman Arrested for DUIhttps://www.sevenslegal.com/blog/dennis-rodman-arrested-dui/758/Thu, 18 Jan 2018 16:00:41 +0000https://www.sevenslegal.com/blog/dennis-rodman-arrested-dui/758/Former NBA star Dennis Rodman has checked into an alcohol rehabilitation center after being arrested for a DUI over the weekend.Former NBA star Dennis Rodman has checked into an alcohol rehabilitation center after being arrested for a DUI over the weekend.

NBA Star Dennis Rodman DUI Arrest

According to Rodman’s agent, Darren Prince, the basketball Hall of Famer checked into a rehab facility on Wednesday to address his longtime struggle with alcoholism.

Rodman was arrested in Southern California on suspicion of driving under the influence after he was pulled over for a traffic violation. According to Newport Beach police, Rodman failed field sobriety and breath tests.

This is Rodman’s second time in rehab.

What Happens When You Get Pulled Over?

The first step in a DUI investigation is being pulled over by a police officer, which can be scary. If this was you this past weekend, you probably anticipated the typical question an officer asks: “Have you had anything to drink today?”

Since the officer can’t force you to answer any questions that could be considered incriminating, the best answer might be to tell them you prefer to speak with a DUI attorney before answering their questions. Having a blood alcohol (“BAC”) content under 0.08 is not considered driving under the influence. Admitting that you may have had one beer just explains why your breath smells of alcohol.

The second step in a DUI investigation are field sobriety tests. California does not give you the right to consult an attorney prior to these tests, but you can still politely decline to take them since you are not legally required to submit to these tests. The risk of these tests is that if an officer takes a subjective view they could decide you failed even though the test results were borderline. These results could then be used to convict you for a DUI. However, if a police officer genuinely suspects you are intoxicated, chances are good you won’t get away with a warning.

The next step in a DUI investigation is the Preliminary Alcohol Screening (PAS) test. This test is normally a breathalyzer test, which is a chemical test prior to being arrested. A breathalyzer test is the most common one used by police officers to identify drivers driving under the influence. Breathalyzer tests are also used after an arrest as well. Before actually being arrest, you have the right to refuse to take the breathalyzer test. If you are afraid your blood alcohol level is high, you can take it knowing the possibility exists of later impeaching the test results.

If you have been lawfully arrested for DUI, the law requires you to undergo the administration of a chemical test by a police officer to determine your blood alcohol level (“BAC”).

According to California’s “Implied Consent Law,” you are required to submit to chemical testing to determine your BAC if a police officer arrests you for DUI and the officer has probable cause to believe you were driving under the influence.

After being arrested, often you can chose either the breathalyzer or chemical tests. The breathalyzer is fairly reliable, but the results aren’t for a number of reasons. Breathalyzer tests don’t test for blood alcohol concentration (“BAC”), which requires a blood sample be taken to be analyzed. Because of this, the police will indirectly make an estimate of your BAC.

Blood Test to Confirm DUI

The most accurate tests to determine BAC are blood tests. Because of this, if given the choice you should choose a blood test if you feel your BAC is under the legal limit of 0.8.

Also, your blood sample must be preserved under a specific set of rules that will then be available for your attorney’s use in order for their later independent testing and analysis.

Although you can’t be forced to take a chemical blood test, if you refuse the Department of Motor Vehicles will suspend your California Driver’s License for one year, no matter what the outcome of the DUI case against you. You can request a hearing to contest the suspension, but it must be requested within 10 days from your DUI arrest date.

Charges for DUI - Drunk Driving

Charges for drunk driving (“DUI”) are not only serious but also can carry serious consequences at any time, but especially on Halloween when children are trick or treating throughout their neighborhoods. Penalties for DUI vary by case and severity, but following are sentencing guidelines of what you may face if you drink and drive and are then convicted of a DUI.

First Conviction for DUI

For a first conviction for a DUI in California, you would receive:

  • Jail-time of at least 96 hours but not over 6 months.
  • A fine of at least $390 but not over $1,000, including penalties.
  • Suspension of your driver’s license of six months. The court may grant your a temporary restricted license, however it can’t be reinstated until you provide proof of the completion of a “driving under the influence” state-approved program, and also showing financial responsibility.
  • Based on the circumstances of your DUI, being a first time offender you may also be required by the court to install an Ignition Interlock Device, which will be installed at your expense.

Second Conviction for DUI

For a second conviction for a California DUI you would receive:

  • Jail-time of at lease 90 days but not more than 1 year.
  • A fine of at least $390 but not over $1,000, including penalties.
  • Suspension of your driver’s license of 1 year. Your license cannot be reinstated until you have provided proof of financial responsibility and proof of completion of a state-approved “driving under the influence” program.
  • Based on the circumstances of your DUI, being a first time offender you may also be required by the court to install an Ignition Interlock Device, which will be installed at your expense.

Third Conviction for DUI

For a third California conviction for DUI you would receive:

  • Jail-time of at least 120 days but not more than 1 year.
  • A fine of at least $390 but not over $1,000, including penalties.
  • The state will consider you an “habitual traffic offender” for 3 years after you’ve been convicted.
  • Suspension for 2 years of your driver’s license. Your license cannot be reinstated until you have provided proof of financial responsibility and proof of completion of a state-approved “driving under the influence” program.
  • You may be able to apply to the court for a restricted driver’s license, but you may be required to install an Ignition Interlock Device, which will be installed at your expense.

Fourth Conviction for DUI

For a fourth California conviction for DUI you would receive:

  • Jail-time which may include both jail and prison or at least 180 days but not than 1 year.
  • A fine of at least $390 but not over $1,000, including penalties.
  • The state will consider you an “habitual traffic offender” for 3 years after you’ve been convicted.
  • Suspension for 3 years of your driver’s license. Your license cannot be reinstated until you have provided proof of financial responsibility and proof of completion of a state-approved “driving under the influence” program.
  • You may be able to apply to the court for a restricted driver’s license, but you may be required to install an Ignition Interlock Device, which will be installed at your expense.

When you are arrested and then convicted in California of a DUI, typically a judge will apply guidelines that determine the minimum and maximum sentencing. A judge will also take into consideration the specifics of any previous convictions you may have for DUI.

The Law Offices of Sevens Legal Criminal Lawyers, understands DUI cases inside and out, and they are committed to uncovering contradictory evidence, procedural errors, or violations of your rights. We determine the correct defense strategy based on the facts pertaining to your case. Sevens Legal Criminal Lawyers, handles all DUI cases such as:

  • First DUI Offense DUI: Almost 80% of our clients who are first offenders have their cases resolved without a DUI conviction.
  • Underage DUI: Underage juvenile DUI offenders have unique challenges relating to these charges, and respond according to these challenges.
  • Felony DUI: Felony charges involving DUI require immediate attention. These DUI charges include injury or a 4th offense in a 10-year period.
  • DUI and Drugs: If the drugs are prescription drugs or banned (“street drugs”) substances, they carry the same penalty as a DUI involving alcohol.
  • Multiple DUI Charges: These types of charges involve higher penalties depending on the number of times you have been convicted previously for DUI. Many times we can successfully reduce the statutory jail time by seeking treatment options.
  • DUI Resulting in an Accident: This also includes injury and/or death, or property damage. These require an experienced criminal defense attorney. These charges may involve possible time in a state prison, so it’s imperative to hire a skilled and diligent criminal defense attorney.
  • Boating and DUI: Operating a boat while under the influence of drugs or alcohol carry the same negative consequences as driving a vehicle and being intoxicated.
  • DMV DUI Hearing: It is imperative to act promptly in order to protect driving privileges. The hearing must be requested within 10 days of your arrest, otherwise the DMV will automatically suspend your driver’s license.

Beating a DUI charge is never easy, even if you have a strong defense, which is why it’s important to hire an experienced DUI Defense Attorney.

In DUI cases there can be numerous possible police errors, all of which can add up to helping reduce your charges. After reviewing the facts of your DUI case, our attorneys will concentrate on helping seek a dismissal or reduction by preparing a secure case that will cast doubt on any evidence the police may have obtained against you.

The criminal defense lawyers at Sevens Legal Criminal Lawyers, believe every defendant deserves a zealous defense. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Paul Haggis False Sexual Misconduct Allegations?https://www.sevenslegal.com/criminal-attorney/paul-haggis-false-sexual-misconduct-allegations/712/Thu, 11 Jan 2018 16:00:06 +0000https://www.sevenslegal.com/criminal-attorney/paul-haggis-false-sexual-misconduct-allegations/712/Could the sexual misconduct allegations facing Paul Haggis just be a means of getting back at him for leaving the Church of Scientology?Could the sexual misconduct allegations facing Paul Haggis just be a means of getting back at him for leaving the Church of Scientology? And what do you do if you’re facing false allegations of sexual misconduct?

Are the Allegations Against Paul Haggis False?

Last week, writer Paul Haggis joined the list of men in Hollywood to be accused of sexual misconduct. One of Haggis’ accusers alleges the Crash writer of attempting to sexually assault her, at the time saying that he told her “I need to be inside you” before she was able to run away. Another woman came forward saying that he held her down and forcibly kissed her before she was able to escape.

Haggis has responded to the accusations through his attorney, Christine Lepera, denying all of the allegations, saying:

“Mr. Haggis denies these anonymous claims in whole. In a society where one of a person’s fundamental rights is the ability to confront an accuser, that right has now been eviscerated when it comes to anyone being charged in the press with any sort of sexual misconduct,” the statement reads.“Notably, no one has reached out to anyone on Mr. Haggis’ team other than the press to report this.”

The statement continues, “Mr. Haggis also questions whether Scientology has any role here, which he notes has been attacking him for years with false accusations.” Haggis left the Church of Scientology in 2009 and has since become of the church’s harshest critics.

What is “Sexual Assault”

Sexual assault is defined as any type of sexual contact or behavior that occurs without the explicit consent of a recipient. Included under the term sexual assault are the following: forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape.

Addressing Sexual Assault Accusations

Sexual assault crimes are taken very seriously by the law. If you have been falsely accused you might assume that the charges will just be dropped because of how ludicrous they are to you. These types of allegations do not just “go away,” and you will need to be prepared if you are falsely accused.

Here are some things you can do:

1. Do not speak with police or investigators until you have contacted a criminal defense attorney. They might try different tactics to get you to admit to a crime you did not commit. Remember that they are always trying to build a case. Simply state that you will not speak with them unless there is an attorney present.

2. Get in touch with a qualified and experienced criminal defense attorney. You’ll want to do this as soon as possible, even if you just expect the charges to be dismissed. Prepare for what the allegations might bring. You will be asked to defend yourself, so you’ll need to be prepared. This means contacting witnesses that can testify or provide an alibi for you. You might also need to take psychological tests, or be asked to provide other evidence. Write down as many details as possible about what you remember.

3. Study. A criminal defense attorney will be able to guide you through fighting the allegations, but it’s in your best interest to understand the legal process and know your rights.

You will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal Criminal Lawyers.

If You Get Arrested for a Sex Crime

In 1966, the U.S. Supreme Court ruled in Miranda v. Arizona, that individuals arrested because they are believed to have committed a crime are allowed certain rights that must be explained to them. This must happen before any interrogation. It’s important to note that these rights only need to be read when a person has been taken into custody. “Miranda Rights” are meant to protect a suspect from self-incrimination and is protected under the Fifth Amendment of the U.S. Constitution. Those “Miranda Rights” are as follows:

  • You have the right to remain silent and refuse to answer questions.
  • Anything you say may be used against you in a court of law.
  • You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
  • If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
  • If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

Why Work with a Criminal Defense Lawyer?

When faced with serious penalties or spending time in jail or prison, you need to retain a criminal defense lawyer to represent you in court. If you are facing an assault or battery charge, or a theft charge, a criminal defense attorney will investigate your case’s specifics and determine if you were wrongfully charged. They also will be able to identify if there are any other existing reasons for why the case should be dismissed before it goes to trial. If the charges are not dismissed before trial, a criminal attorney may be able negotiate a plea bargain with the prosecutor on your behalf. If a plea bargain cannot be negotiated, a criminal defense attorney will prepare your defense and represent you at trial.

After you have discussed the specifics of your case, your Sevens Legal Criminal Lawyers, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal Criminal Lawyers, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.

Sevens Legal Criminal Lawyers, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal Criminal Lawyers, criminal defense lawyers, call (619) 494-3440. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Higher DUI Incidents in 2017https://www.sevenslegal.com/criminal-attorney/higher-dui-incidents-2017/708/Thu, 04 Jan 2018 16:00:09 +0000https://www.sevenslegal.com/criminal-attorney/higher-dui-incidents-2017/708/According to the California Highway Patrol, arrests for DUI during the holiday season were markedly higher in 2017 than in 2016.According to the California Highway Patrol, arrests for DUI during the holiday season were markedly higher in 2017 than in 2016.

Higher Incidents of DUI in 2017

The CHP reported DUIs spiked dramatically during the 2017 holiday season. Across California, the CHP arrested 936 people for driving under the influence between the evening of Dec. 29 and Jan. 1. That number was 767 in 2016, marking a 22% increase.

“Anytime you see a rise it’s concerning, especially when we look at fatalities because that’s somebody’s loved one,” said CHP Officer John Fransen. “But the sheer number of arrests that are made, to see roughly 1,000 people arrested in every single maximum enforcement period, it’s disheartening.”

These numbers represent only drivers that received tickets from the CHP, and does not include citations issued by California’s local law enforcement agencies.

During maximum enforcement periods, which usually occur during holidays, the CHP has more officers on the road. It’s unclear why there were more arrests made in 2017. “I would just be guessing” why there was an increase, Fransen said. “It’s not necessarily that there are more officers, because anytime there’s a maximum enforcement period, any available officers are on the road. It could be that more people are choosing to get behind the wheel of a vehicle and think that they can drive after they’ve had a few too many drinks.”

Many of the arrests made at the end of 2017 are still pending investigation and the statistics are still unknown regarding whether those arrested were under the influence of alcohol, drugs or both.

The CHP and the California Office of Traffic Safety have partnered together for a public information campaign to educate people about driving under the influence of drugs. Now that marijuana has become legal across the state, driving under the influence of the drug has become a larger concern for law enforcement.

According to statistics from the National Highway Traffic Safety Administration, from 2005 to 2015, the percentage of drivers in fatal collisions who had an impairing drug other than alcohol in their system (meaning marijuana, opioids, or preseciprtion drugs) increased from 26.2 percent to 42.6 percent.

“I think our biggest concern as we look at the statistics on other states that have legalized recreational marijuana, it seems like there’s a sharp increase in DUI-related traffic collisions and fatalities,” Fransen said. “We’re concerned because obviously we don’t want to see California follow that strong trend.”

Charges for DUI - Drunk Driving

Charges for drunk driving (“DUI”) are not only serious but also can carry serious consequences at any time, but especially on Halloween when children are trick or treating throughout their neighborhoods. Penalties for DUI vary by case and severity, but following are sentencing guidelines of what you may face if you drink and drive and are then convicted of a DUI.

First Conviction for DUI

For a first conviction for a DUI in California, you would receive:

  • Jail-time of at least 96 hours but not over 6 months.
  • A fine of at least $390 but not over $1,000, including penalties.
  • Suspension of your driver’s license of six months. The court may grant your a temporary restricted license, however it can’t be reinstated until you provide proof of the completion of a “driving under the influence” state-approved program, and also showing financial responsibility.
  • Based on the circumstances of your DUI, being a first time offender you may also be required by the court to install an Ignition Interlock Device, which will be installed at your expense.

> For a second conviction for a California DUI you would receive:

  • Jail-time of at lease 90 days but not more than 1 year.
  • A fine of at least $390 but not over $1,000, including penalties.
  • Suspension of your driver’s license of 1 year. Your license cannot be reinstated until you have provided proof of financial responsibility and proof of completion of a state-approved “driving under the influence” program.
  • Based on the circumstances of your DUI, being a first time offender you may also be required by the court to install an Ignition Interlock Device, which will be installed at your expense.

For a third California conviction for DUI you would receive:

  • Jail-time of at least 120 days but not more than 1 year.
  • A fine of at least $390 but not over $1,000, including penalties.
  • The state will consider you an “habitual traffic offender” for 3 years after you’ve been convicted.
  • Suspension for 2 years of your driver’s license. Your license cannot be reinstated until you have provided proof of financial responsibility and proof of completion of a state-approved “driving under the influence” program.
  • You may be able to apply to the court for a restricted driver’s license, but you may be required to install an Ignition Interlock Device, which will be installed at your expense.

For a fourth California conviction for DUI you would receive:

  • Jail-time which may include both jail and prison or at least 180 days but not than 1 year.
  • A fine of at least $390 but not over $1,000, including penalties.
  • The state will consider you an “habitual traffic offender” for 3 years after you’ve been convicted.
  • Suspension for 3 years of your driver’s license. Your license cannot be reinstated until you have provided proof of financial responsibility and proof of completion of a state-approved “driving under the influence” program.
  • You may be able to apply to the court for a restricted driver’s license, but you may be required to install an Ignition Interlock Device, which will be installed at your expense.

When you are arrested and then convicted in California of a DUI, typically a judge will apply guidelines that determine the minimum and maximum sentencing. A judge will also take into consideration the specifics of any previous convictions you may have for DUI.

Illegal Things to Consider When Driving in California

When driving in California, you should be aware of the fact that the following points are illegal:

  • Drivers under the age of 21 are prohibited from transporting or carrying unsealed wine, liquor, or beer, in their vehicle if they are driving alone. Exceptions are if it is work-related.
  • Drivers under the age of 21 are prohibited from driving with a blood alcohol concentration (“BAC”) of 0.01 or higher.
  • Drivers under the are of 21 are prohibited from consuming any form of alcohol, including prescription drugs or cough syrup.
  • Any driver or any age is prohibited from driving with a BAC of 0.08 or higher. A BAC of 0.08 is the standard measurement all states use in order to establish whether a driver is impaired.
  • The driver of any vehicle requiring a commercial driver’s license is prohibited from driving with a BAC of 0.04 or higher.
  • A driver under the age of 18 is prohibited from driving with ANY measurable BAC.
  • Repeat offenders are prohibited from driving with a BAC of 0.01 or higher.

Although these laws are specific to California, the same DUI laws are similar in states throughout the United States.

If you are arrested and face a conviction for DUI, you need to work with a criminal defense lawyer such as Sevens Legal Criminal Lawyers. Once you have discussed the specifics of your cast with a Sevens Legal Criminal Lawyers, attorney they will let you know about your case’s strengths and weaknesses, as well as the punishment you may face and your risk of conviction. Your defense attorney will also be able to discuss any plea deal as well as whether it would be best to move forward to a trial, taking into consideration your best interests.

The criminal defense attorneys at Sevens Legal Criminal Lawyers, believe every client has a right to the best defense possible. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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DNA Testing and Exonerationhttps://www.sevenslegal.com/criminal-attorney/dna-testing-exoneration/304/Thu, 28 Dec 2017 16:00:29 +0000https://www.sevenslegal.com/criminal-attorney/dna-testing-exoneration/304/DNA testing is an important tool to ensure the innocent remain free and the guilty punished. In the US, 273 people have been exonerated due to DNA testing.DNA gathering and testing is an important tool to ensure the innocent remain free and the guilty are punished. With the increased use of DNA testing, which began in 1986, it has helped to determine the guilt or innocence of perpetrators in capital cases. As of September 2011 in the US, 273 people have been exonerated due to DNA testing, including 17 people on death row.

What is DNA

DNA is DeoxyriboNucleic Acid, the essential building block of life that is part of every cell in every living organism. Commonly called the Double Helix, due to it’s structure, James Watson and Francis Crick are credited with decoding it and were awarded the Nobel Prize in physiology/medicine in 1962. It is often referred to as “the most important biological work of the last 100 years.” DNA is what enables an embryonic cell to become a living, functioning organism.

An important property of DNA is its uniqueness, like a cellular fingerprint. While human and animal DNA are remarkably similar, it’s unique to each individual. The exceptions are identical twins and bone marrow transplant recipients. An individual’s DNA remains unchanged during their life, and is a reliable identifier found in every cell.

DNA testing can be done on any biological specimen like skin, semen, saliva, hair, or blood. If the biological evidence is collected and preserved properly, kept free from contamination, and is analyzed correctly, it can help convict or exonerate a person charged with a capital crime. Under these conditions, DNA testing is more accurate than fingerprinting.

DNA and the Jury

In the US criminal justice system, juries are instructed to render a guilty verdict ONLY if no reasonable doubt exists. Whenever a conviction if overturned as a result of DNA evidence, one may assume that the jury had reasonable doubts but ignored them. If, due to their ignorance, an innocent person is sent to death row or must spend the rest of their life in prison, should the jurors be penalized? Perhaps knowing an innocent person has been convicted and put to death due to their actions is punishment enough.

Nationwide Exonerations Statistics Due to DNA Testing

Some statistics that were posted on February 7th, 2007, indicated there has been 329 exonerations given after convictions due to DNA testing in the United States.

    • The first exoneration due to DNA testing was in 1989. Since 2000, 262 exonerations have been granted in 37 states.
    • Of the 329 people exonerated due to DNA testing 20 served time on death row, and 16 others charged with capital crimes did not have a death sentence.
    • The average time an exoneree served was 14 years. The total years served is approximately 4,505.
    • The average age for an exoneree when they were wrongfully convicted was 26.5.
    • The races for the 329 exonerees included 205 African Americans, 98 Caucasians, 24 Latinos, and 2 Asian Americans.
    • Real suspects and/or perpetrators have been identified in 161 of the DNA exoneration cases.
    • Tens of thousands of cases have been identified since 1989 where the prime suspect was pursued and identified before DNA testing proved they were wrongfully accused.
    • In a National Institute of Justice study, over 25% of cases suspects were excluded after DNA testing was done as part of the criminal investigation (the 1995 study included over 10,000 cases where FBI labs perform the testing).
    • The federal government, including the District of Columbia, and 30 states have passed laws compensating people who have been wrongfully incarcerated. So far 71% of DNA testing exonerees have been financial compensated. These awards vary from state to state.
    • A review of closed cases from 2004 to 2010 by the Innocence Project revealed 22% of closed cases were because evidence had been lost or destroyed.
    • Of the 329 DNA exonerations, the Innocence Project was involved in 176 of them. Others were assisted by Innocence Network organizations as well as private attorneys and pro se defendants.
    • Of the DAN exonerees, 31 pleaded guilty to crimes that they didn’t commit.

Leading Causes for Wrongful Convictions

Exonerations due to DNA testing provides positive proof that wrongful convictions are neither rare nor isolated. Many times they are the result of systemic defects that can be specifically identified and address. The Innocence Project has worked for over 15 years to pinpoint and identify these trends. Wrongful convictions that have been overturned due to DNA testing involve multiple causes.

The leading cause of wrongful conviction is eyewitness misidentification testimony. In 72% of post-conviction DNA exoneration cases in the US it was the factor. A minimum of 40% of these involved cross racial identification. Currently race data is available only on the victim rather than for non-victim eyewitnesses.

It’s been shown in studies that people can’t easily recognize faces of different races from their own. Reforms based on this study have been embraced by leading criminal justice organizations and adopted in North Carolina and New Jersey, as well as large cities such as Seattle and Minneapolis. Many smaller jurisdictions have also adopted them.

A second cause is the invalidation or improper use of forensic science, which played a part in 47% of wrongful convictions which were later overturned due to DNA testing.

Although top academic centers developed DNA testing through extensive scientific research, there are numerous other forensic techniques that haven’t been subjected to the same scientific evaluation, such as hair microscopy, firearm tool mark analysis, bite mark comparisons, and comparisons of shoe prints. Other forensics techniques that are properly validated are sometime improperly conducted or inaccurately reported during testimony at trial, such as serology which is blood typing. Forensic scientists have engaged in misconduct in other cases of wrongful conviction cases.

Wrongful convictions in about 28% of cases are due to incriminating statements and false confessions. False confessions were the leading factor in 71 out of 113 homicide cases that were later exonerated due to DNA testing, 31 of which had pled guilty even though they had not committed the crime. In order to prevent coercion and keep an accurate record of any questioning, the Innocent Project encourages that an electronic record be created by police departments.

In 15% of cases wrongful convictions were due to testimony of informants. The Innocence Project recommends that when informant testimony is used that the judge should instruct the jury of the fact that most informant testimony is not reliable due to the fact that it was given in exchange for deals, special treatment, or even for dropping the charges against the informant. They also recommend that prosecutors reveal any incentives they’ve given the informant, as well as recording any and all communication occurring between the prosecutor and informant.

Exoneration of Texas Death Row Inmate Michael Blair Due to DNA Brings Total of Innocent to 130

Michael Blair, convicted of murder and sentenced to death row in 1993 for murdering Ashley Estell, had his capital murder charges dismissed by the Texas Collin County court. After a decade of appeals and requests to use DNA testing, the hair evidence used to convict him was overturned because the testing showed it was wrong. The Texas Court of Criminal Appeals cited the fact that using the existing, non-DNA testing evidence, no jury could reasonably convict Blair.

On August 25th, the District Attorney’s office filed a motion to dismiss the charges stating, “It has been determined that this case should be dismissed in the interest of justice so that the offense charged in the indictment can be further investigated.” The Plano Police Department is now in the process of reinvestigating the 15-year-old case in order to find the real killer. The DNA evidence used to clear Blair indicates another man, who is now deceased, may be the real suspect in the murder of Ashley Estell. In court documents the possible perpetrator is Referred to as “Suspect 4.” This suspect, now dead as least 10 years, appeared to have an obsession with her and purchased a grave plot as near as possible to where she was buried.

In the mid-1990s this case was made famous due to a series of legalized reforms called “Ashley’s Laws,” after Ashley Estell. The laws instituted longer prison sentences as well as the requirements for lifetime sex offenders to register.

The DPIC’s innocence list lists Blair as the fourth person in 2008 to be exonerated from death row and the ninth located in Texas since its reinstatement of the death penalty. Although Blair remains in prison due to other charges, his case makes the total of exonerations on death row since 1973 to 130.

DPIC’s innocence list is made up of former death row inmates acquitted of all the charges that was related to the crime that put them on death row. The charges were either dismissed, or they were granted complete pardons based on the new “evidence of innocence” from DNA testing.

Dallas County District Attorney Craig Watkins has stated he intends to re-examine almost 40 death penalty convictions and if necessary would stop their executions in order to review the cases. After he exonerated an innocent man in the first week in his office, and exonerated 19 non-death penalty DNA-based cases in the county, he wanted to assert that no innocent person would be executed during his time in office. “I don’t want someone to be executed on my watch for something they didn’t do,” he said. Currently Texas leads all the other states with 414 executions, including 9 this year.

If you’ve been wrongfully accused of a crime and would like to have it re-investigated, you need the expert advice and experience of a criminal defense lawyer such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Reducing the Prison Population Incarcerated for Drugshttps://www.sevenslegal.com/criminal-attorney/reducing-prison-population-incarcerated-drugs/357/Thu, 21 Dec 2017 16:00:22 +0000https://www.sevenslegal.com/criminal-attorney/reducing-prison-population-incarcerated-drugs/357/Drugs have been a part of all areas of American culture for years. A large segment of the population seems to spend their time on the desire to get high!Drugs have been a part of all areas of American culture for years, including social and political. A large segment of the population seems to spend their time on the desire to get high! From looking at history, this isn’t a recent occurrence.

As long as people have existed, drugs have also existed as a part of their lives. Drugs which are now illegal, such as opium, coca, marijuana, and psychedelics, were used for thousands of years for medical as well as spiritual reasons. Since these drugs have been a part of human culture for centuries, why is it now looked upon as criminal behavior which takes up huge amounts of society’s economic, political, and social resources in an effort to remove access to them?

Criminalization of Drugs

There are many answers, some based in reality, as to why drugs are now illegal. One of the answers has nothing to do with visible facts, or any scientific basis relating to the possible risks associated with these drugs. Instead, the answer has to do with the people associated with these drugs and their sale. The people associated with these drugs are what makes these drugs worthy to be considered illegal in order to criminalize their drug use.

On average, most citizens, who are considered “upstanding,” usually envision the more marginal members of society when they think about drug use, instead of leaders of the community, political leaders, and people like the president of the PTA. These same attitudes are mirrored by modern law enforcement dealing with drugs. It’s been this way for a long time.

The idea that certain racial and ethnic groups are associated with the use of drugs and their abuse is so ingrained in the minds of the public that it’s sometimes difficult to realize this association isn’t completely based in reality. These associations have been prevalent in the United States for over 150 years, and they are the reason many difficult to explain situations are part of law enforcement as well as the American judicial and penal systems.

Inexplicable Situations About Drugs

One noticeable situation is the make-up of the racial population in American prisons. While it would make sense that the ethnic and racial percentage of the prison population would correspond to that of the country, it isn’t even close.

According to the Federal Bureau of Prisons, which keeps tabs every month on these things, the April, 2015, statistics for inmates were 59.1% white and 37.5% black. According to the 2010 U.S. census, people considering themselves white consisted of 75.1% of the population while only 12.3% considered themselves Black or African American. The discrepancy between Black prison population compared to the non-prison population is a major indicator that national attitudes about who may be guilty of criminal behavior is influenced largely by racial prejudice.

The incarceration rate of African-Americans is approximately 2,300 per 100,000 people, which is a shocking figure. The ratio of black to white incarcerations is about 6 to 1 in the United States. Just looking at these figures it’s easy not to realize that the incarceration rates for groups such as Latinos and whites in the United States is also relatively high, but not as astronomically high as in the black population.

The incarceration rate for whites in the United States is approximately 400 per 100,000, which is approximately 2 to 2.5 times the total incarceration rates in the most punitive Western European countries and approximately 5 to 6 times the rate in less punitive countries.

Legislators, the general public, and others who study such matters, are becoming increasing aware of the fact that one main reason behind this disparity relating to the number of black inmates in prisons in America, as well as the total number of inmates, is the simple reason that more people are incarcerated in America for drug offenses than in other developed countries.

Newsweek magazine ran an article a few years ago about Dr. Josiah Rich’s first-hand account of this situation. Dr. Rich has spent 16 years going to prisons in and around Providence, R.I., on a weekly basis to treat inmates who were being held on drug-related offenses. Each time, he wrestled with the ethical question of whether the inmates incarcerated for drug offenses had really done something wrong, or whether the American prison system was doing something that was worse. “What I see are not bad people,” he said. “Predominantly, I see people with a disease.”

More than half of the 2.3 million inmates in the U.S. have histories of addiction and substance abuse. While not all of the inmates have been imprisoned on drug-related charges, arrests for drugs have been steadily rising since early 1990. In 2007 there were 195,700 arrests, although many of them were for crimes such as burglary which were committed in order to feed their drug addictions.

Dr. Rich, who is a Brown University professor of medicine and community health, is concerned that refusing or ignoring the need for these inmates to receive treatment for their addiction, many prisons are missing the opportunity to cure them, which would cut down crime in the future. According to the DEA, treating drug addition would reduce the rate of recidivism rates from 50% to about 20%. According to Dr. Rich, “Our system has taken the highest-risk and most ill people and put them in a place where they have constitutionally mandated health care.”

Drug Addiction Treatment for Prison Inmates

The attitudes of Americans toward drug crimes may be changing, since a recent Pew Research Center poll indicated earlier this year that approximately 66% would prefer illegal drug offenders to be rehabilitated rather than incarcerated. The telephone interview poll of 1821 adults was the first large survey in 13 years to find out what American opinions were on drug policies. Surveys such as this reflect whether public perceptions are shifting about drug abuse. Do people increasingly feel addiction is a public health issue that should involve medical help, or a crime requiring punishment?

The poll reveals that the majority of Americans consider drug abuse to be a serious problem, which is the same way they felt a decade ago. Although how they feel about it hasn’t changed, how they feel the drug crisis should be handled has changed. Out of those surveyed, 67% think the Obama administration needs to emphasize treatment rather than punishment for illegal drug users, while only 26% think jail time is the best option. The people who believe governments should eliminate minimum mandatory sentences for illegal drug crimes increased to 63% in 2014 from 47% in 2001. This shift addresses the wider issue of the best way to deal with illegal drug offenders so it helps not only the individual drug abuser but also the community at large, rather than just locking them away.

The past few years have found that some people in the justice system are looking more favorably to treating drug addicts in addition to or instead of incarcerating them. Some states, such as Ohio, offer treatment to first-time drug offenders as well as some second-time offenders. Nationally, though, this isn’t the norm. Last year a report was released by the National Institute on Drug Abuse indicating only 1/5th of inmates incarcerated for drugs were given some type of treatment. With tight budgets forcing many states to decrease existing drug treatment programs, this number may decrease further in the near future. Pennsylvania and Kansas have already cut back, and Texas and California may be next.

Decriminalization of Illegal Drugs

As marijuana increasingly becomes decriminalized, it may have the effect of reducing prison populations. With changing attitudes about the drug, medical marijuana can be used legally in 23 states and also Washington, D.C. Marijuana has also been legalized for recreational use in two states, which may be an indication of things to come. While “hard” drug use may remain a legal issue, removing marijuana from the legal equation would definitely be a positive way to reduce law enforcement resources assigned to this problem.

Many arguments and ideas have been discussed about the decriminalization of marijuana as well as hard-core drugs. In some ways the arguments are similar to the experience the country went through with alcohol prohibition. However, while drug use is rooted in both economic and social factors, laws prohibiting drub use doesn’t address the reasons why people use drugs in the first place. While legal and illegal use of drugs may be recreational, poverty and despair are some of the root causes people turn to drug use. Only by addressing these underlying causes will there be hope of significantly decreasing the number of problematic drug users.

Due to the high demand in the U.S. for drugs, Mexico is deep in a state of crisis. The drug market in the U.S. is driven by demand, with millions of people demanding illegal drugs. Due to the fact that production and supply of some of these drugs is illegal, a huge market for them exists, introducing violent crime cartels that are way too eager to exploit the demand.

With the American political climate today, the decriminalization of drugs appears to be extremely unlikely, even if it was considered. The treatment of drug addiction in prisons may have a chance of impacting the recidivism rate and help to reduce prison overcrowding. Unfortunately, with the lack of funding, this may not be able to be accomplished. What is more likely will be the continuation of the current piecemeal, stop-gap approach that is currently being used. Perhaps with the current civil unrest throughout America, it will lead to some genuine reforms dealing with the incarceration of illegal drug offenders.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Pot is Legal in Californiahttps://www.sevenslegal.com/criminal-attorney/pot-legal-california/705/Thu, 14 Dec 2017 16:00:24 +0000https://www.sevenslegal.com/criminal-attorney/pot-legal-california/705/January 1, 2018, pot will be legal for adult-use in California. Due to Proposition 64, the state will be opening its dispensaries to the general public.Come January 1, 2018, pot will be legal for adult-use in California. As a result of the passing of Proposition 64, the state will be opening its dispensaries to the general public.

California Legalizes Pot

The fact that marijuana will be legal in California is something that even state regulators are excited for.

“I know this sounds crazy, but we’re looking forward to Jan. 1,” said Lori Ajax. Ajax is head of California’s Bureau of Cannabis Control (BCC), the agency in charge of licensing dispensaries and some other cannabis businesses. “This is what we’ve been waiting for, what we’ve been training for,” she said. “It’s time.”

Regarding of if you have been using marijuana for a while or if you are just curious about trying it, here is some information regarding the new laws that will go into effect on January 1:

Will you be able walk into a California dispensary on Jan. 1 to buy pot?

The short answer is “yes” if you’re over 21 and the dispensary has a temporary license from the state.

The state of California will be handing out temporary licenses to dispensaries that are seeking to sell recreational marijuana even before regulations go live on January 1.

The Bureau of Cannabis Control’s online application system will be open in December. At that point the BCC will begin emailing temporary licenses to retailers. Those licenses will become valid on Jan. 1 but recreational customers won’t be able to buy pot at the stroke of midnight.

Instead, customers will have to wait another 6 hours. This is because the state law mandates that retailers can only sell or deliver cannabis between 6 a.m. and 10 p.m.

Where will you be able to buy pot in California?

It’s dependent on where you live. “There’s only a handful of cities that are embracing it,” said Jason Elsasser, a marijuana industry advocate located in Desert Hot Springs.

Oakland and some of Desert Hot Springs’ neighboring communities within the Coachella Valley are among relatively few cities that have formed recreational marijuana rules ahead of Jan. 1.

Additionally, areas around Sacramento and San Jose are still considering opening up adult-use cannabis sales and some parts of the state are even doubling down on opposition to the sale of marijuana. Kern County and Shasta County have even voted against use.

Where are you able to smoke marijuana in California?

A good rule of thumb across the state is that you can’t smoke pot anywhere they can’t smoke a cigarette. You cannot smoke in indoor places, including bars, cars, or other moving vehicles. Having an open bag in the car is illegal. If you are renting, you will need to check with your landlord to see if smoking is allowed inside your rental property.

Prop 64 does however open the door for local governments to permit marijuana consumption at retailers and companies with a microbusiness license, which combines a small cultivation site, distribution and retail. In that case, the business will be required to restrict the premises to people 21 and older, cannot allow alcohol or tobacco use on site and also must ensure no one can see people consuming marijuana from outside.

Will all California medicinal dispensaries be recreational?

No.

Not every dispensary currently open will be granted a temporary or annual license to sell recreational pot. To be eligible to receive a temporary license, retailers will need to demonstrate to the BCC that they have permission to operate from their home city.

“The main thing is, they have to have that local approval,” Ajax said.

Once dispensaries have the proper paperwork the BCC can go back to the city to check that it’s valid.

Second, dispensaries already selling medicinal marijuana can choose whether they want a medicinal license, an adult-use license or both. In this instance the shop will need to adequately label merchandise “A” for adult or “M” for medicinal and keep separate transaction records.

Can you try before you buy?

Yes and no.

Once the adult-use market has gone live, practices such as smelling the marijuana before buying it will need to be reconsidered by the dispensaries.

Customers are still free to inspect any potential pot purchase with the supervision of an employee, but dispensaries will be required to discard any marijuana product employees remove from its original packaging. Only product in tamper evident, child resistant packaging is allowed to be sold.

“It’s no longer going to be taking the bud out of a used pickle jar and letting the patient sniff it and get their nastys all over it if they sneeze,” said John Chaisson, the co-owner of Atomic Budz in Cathedral City.

With few exceptions, marijuana freebies are prohibited by law.

Are there quality controls for pot in California?

Yes. State law requires new testing procedures including testing samples for things like mold, pesticide residue and bacteria. This testing will need to be done before any product ships. Labs will also check for compounds like CBD and THC, two of the cannabinoids found in marijuana. Products must be labeled to show weight as well as THC and CBD content.

“Everything is going to have to be tested by a third party and a lot of people are not going to be able to get through that,” Chaisson said.

What happens to pot products already in existence and available before Jan. 1?

With a temporary license, retailers will be able to sell off inventory in existence before 2018. The temporary license lasts 120 days with the option for extensions. Because of this, customers might still be able to buy products that have not been tested or that otherwise appear to violate state law. For example, because pot gummy bears are “appealing to children” they are in violation of state law.

Will there be any noticeable changes at California pot shops?

“Things are not really going to change that drastically on Jan. 1 (for consumers),” Elsasser said. “There’s going to be a lot of people turning in their applications to the state of California… but that’s behind the scenes.”

While there might be some different products available, the changes will most likely be subtle. For example, some dispensaries might need to invest in security cameras and alarm systems to stay compliant with state law or they might start requiring employees to wear a new ID badge.

Fighting Your Drug Crime Conviction

Being convicted of any drug crime is a serious matter. Most drug charges can carry heavy convictions, fines and stay on your personal record, which can affect your job, buying a home or getting a loan. If you are convicted for any drug related crime, it is in your best interest to seek a criminal defense attorney and never accept any deal without speaking to an attorney first. Drug charges range from minor possession to a more serious charge of drug manufacturing, whatever the charges are, know that you can find guidance with your case.

Choosing a great criminal defense attorney will help your case and often reduce charges. The experience and knowledge needed to deal with a drug charge can be found at Seven’s Legal.

Sevens Legal is well versed in a variety of drug charges that you may be convicted of and their experience is endless. At Sevens Legal you will find a successful team that is passionate about representing their clients. If you find yourself charged with any drug crime, it is imperative that you seek a knowledgeable criminal defense attorney that will guide you through the legal system and help with reducing your charges

After you have discussed the specifics of your case, your Sevens Legal Criminal Lawyers, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal Criminal Lawyers, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.

Sevens Legal Criminal Lawyers, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal Criminal Lawyers, criminal defense lawyers, call (619) 494-3440. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

]]>
Franken Resigns After Sexual Misconduct Allegationshttps://www.sevenslegal.com/criminal-attorney/franken-resigns-sexual-misconduct-allegations/702/Thu, 07 Dec 2017 16:00:18 +0000https://www.sevenslegal.com/criminal-attorney/franken-resigns-sexual-misconduct-allegations/702/Democratic Sen. Al Franken of Minnesota has announced he will be resigning following allegations of sexual misconduct.Democratic Sen. Al Franken of Minnesota has announced he will be resigning following allegations of sexual misconduct. Franken took to the Senate floor to make his announcement, saying, “I am announcing that in the coming weeks I will be resigning as a member of the United States Senate.”

Al Franken Resigns After Sexual Assault Allegations

During his speech Franken did not apologize during his speech, saying, “I am proud that during my time in the Senate I have used my power to be a champion of women and that I have earned a reputation as someone that respects the women I work alongside every day. I know there has been a very different picture of me painted in the last few weeks, but I know who I really am.”

The push for Franken’s resignation began after a woman came forward with allegations that he had badgered her into an unwanted kiss before he was a senator. The Ethics Committee has launched an investigation into the allegations.

Franken’s resignation is set to take place “in the coming weeks.”

What is “Sexual Assault”

Sexual assault is defined as any type of sexual contact or behavior that occurs without the explicit consent of a recipient. Included under the term sexual assault are the following: forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape.

Addressing Sexual Assault Accusations

Sexual assault crimes are taken very seriously by the law. If you have been falsely accused you might assume that the charges will just be dropped because of how ludicrous they are to you. These types of allegations do not just “go away,” and you will need to be prepared if you are falsely accused.

Here are some things you can do:

1. Do not speak with police or investigators until you have contacted a criminal defense attorney. They might try different tactics to get you to admit to a crime you did not commit. Remember that they are always trying to build a case. Simply state that you will not speak with them unless there is an attorney present.

2. Get in touch with a qualified and experienced criminal defense attorney. You’ll want to do this as soon as possible, even if you just expect the charges to be dismissed. Prepare for what the allegations might bring. You will be asked to defend yourself, so you’ll need to be prepared. This means contacting witnesses that can testify or provide an alibi for you. You might also need to take psychological tests, or be asked to provide other evidence. Write down as many details as possible about what you remember.

3. Study. A criminal defense attorney will be able to guide you through fighting the allegations, but it’s in your best interest to understand the legal process and know your rights.

You will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal Criminal Lawyers.

If You Get Arrested for a Sex Crime

In 1966, the U.S. Supreme Court ruled in Miranda v. Arizona, that individuals arrested because they are believed to have committed a crime are allowed certain rights that must be explained to them. This must happen before any interrogation. It’s important to note that these rights only need to be read when a person has been taken into custody. “Miranda Rights” are meant to protect a suspect from self-incrimination and is protected under the Fifth Amendment of the U.S. Constitution. Those “Miranda Rights” are as follows:

  • You have the right to remain silent and refuse to answer questions.
  • Anything you say may be used against you in a court of law.
  • You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
  • If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
  • If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

Why Work with a Criminal Defense Lawyer?

When faced with serious penalties or spending time in jail or prison, you need to retain a criminal defense lawyer to represent you in court. If you are facing an assault or battery charge, or a theft charge, a criminal defense attorney will investigate your case’s specifics and determine if you were wrongfully charged. They also will be able to identify if there are any other existing reasons for why the case should be dismissed before it goes to trial. If the charges are not dismissed before trial, a criminal attorney may be able negotiate a plea bargain with the prosecutor on your behalf. If a plea bargain cannot be negotiated, a criminal defense attorney will prepare your defense and represent you at trial.

After you have discussed the specifics of your case, your Sevens Legal Criminal Lawyers, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal Criminal Lawyers, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.

Sevens Legal Criminal Lawyers, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal Criminal Lawyers, criminal defense lawyers, call (619) 494-3440. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

]]>
Senator Al Franken Responds to Sexual Assault Allegationshttps://www.sevenslegal.com/criminal-attorney/senator-al-franken-responds-sexual-assault-allegations/697/Thu, 30 Nov 2017 16:00:53 +0000https://www.sevenslegal.com/criminal-attorney/senator-al-franken-responds-sexual-assault-allegations/697/In light of the sexual misconduct allegations he is facing, Minnesota Senator Al Franken delivered a statement Monday morning.In light of the sexual misconduct allegations he is facing, Minnesota Senator Al Franken delivered a statement Monday morning.

Al Franken Makes Statement About Sexual Assault Allegations

Monday morning, Minnesota Senator Al Franken delivered a statement in which he said he is “embarrassed and ashamed,” of his behavior. Multiple women, including radio anchor Leeann Tweeden have come forward with accusations that the senator groped them.

“I’ve been trying to take responsibility by apologizing,” Franken said. “I know that I’ve let a lot of people down. I’m going to try to learn from my mistakes. In doing so I’ve been doing a lot of reflecting and I want to be someone who adds something to this conversation. I hope I can do that,”

He added he will not resign and also declined to speculate on what level of accusations it would require for him to consider resigning, adding he would be open to making the findings of Ethics Committee’s investigation into his behavior public.

“I know there are no magic words that I can say to regain your trust, I know that takes time,” he said.

What is “Sexual Assault”

Sexual assault is defined as any type of sexual contact or behavior that occurs without the explicit consent of a recipient. Included under the term sexual assault are the following: forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape.

Addressing Sexual Assault Accusations

Sexual assault crimes are taken very seriously by the law. If you have been falsely accused you might assume that the charges will just be dropped because of how ludicrous they are to you. These types of allegations do not just “go away,” and you will need to be prepared if you are falsely accused.

Here are some things you can do:

1. Do not speak with police or investigators until you have contacted a criminal defense attorney. They might try different tactics to get you to admit to a crime you did not commit. Remember that they are always trying to build a case. Simply state that you will not speak with them unless there is an attorney present.

2. Get in touch with a qualified and experienced criminal defense attorney. You’ll want to do this as soon as possible, even if you just expect the charges to be dismissed. Prepare for what the allegations might bring. You will be asked to defend yourself, so you’ll need to be prepared. This means contacting witnesses that can testify or provide an alibi for you. You might also need to take psychological tests, or be asked to provide other evidence. Write down as many details as possible about what you remember.

3. Study. A criminal defense attorney will be able to guide you through fighting the allegations, but it’s in your best interest to understand the legal process and know your rights.

You will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal Criminal Lawyers.

If You Get Arrested for a Sex Crime

In 1966, the U.S. Supreme Court ruled in Miranda v. Arizona, that individuals arrested because they are believed to have committed a crime are allowed certain rights that must be explained to them. This must happen before any interrogation. It’s important to note that these rights only need to be read when a person has been taken into custody. “Miranda Rights” are meant to protect a suspect from self-incrimination and is protected under the Fifth Amendment of the U.S. Constitution. Those “Miranda Rights” are as follows:

  • You have the right to remain silent and refuse to answer questions.
  • Anything you say may be used against you in a court of law.
  • You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
  • If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
  • If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

Why Work with a Criminal Defense Lawyer?

When faced with serious penalties or spending time in jail or prison, you need to retain a criminal defense lawyer to represent you in court. If you are facing an assault or battery charge, or a theft charge, a criminal defense attorney will investigate your case’s specifics and determine if you were wrongfully charged. They also will be able to identify if there are any other existing reasons for why the case should be dismissed before it goes to trial. If the charges are not dismissed before trial, a criminal attorney may be able negotiate a plea bargain with the prosecutor on your behalf. If a plea bargain cannot be negotiated, a criminal defense attorney will prepare your defense and represent you at trial.

After you have discussed the specifics of your case, your Sevens Legal Criminal Lawyers, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal Criminal Lawyers, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.

Sevens Legal Criminal Lawyers, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal Criminal Lawyers, criminal defense lawyers, call (619) 494-3440. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

]]>
The Holiday Crime Seasonhttps://www.sevenslegal.com/criminal-attorney/holiday-crime-season/563/Thu, 23 Nov 2017 16:00:15 +0000https://www.sevenslegal.com/criminal-attorney/holiday-crime-season/563/If you've been accused of committing a crime this holiday season, you'll want to know just what you'll need to avoid jail time next year.The holiday season is often the crime season. If you’ve been accused of committing a crime this holiday season, you’ll want to know just what you’ll need to avoid jail time next year.

The Holidays Can Be a Season of Crime

The most common crimes that occur during the holiday season are the following:

  • Identity theft
  • Shoplifting
  • Robbery
  • Drunk Driving
  • Vehicle theft
  • Rape and sexual assault
  • Home burglary
  • Counterfeiting
  • Scams such as phony sweepstakes or charity
  • Domestic Violence

If you’ve been accused of any of the above, you’ll want to work with a committed and dedicated criminal lawyer that can walk you through the steps of the criminal trial process.

Steps of a Criminal Trial

During a criminal trial a jury examines the evidence presented by the defense and prosecution to decide whether, “beyond a reasonable doubt,” a defendant committed a crime. A fair trial allows for the government and the defendant to argue their sides of the case. And a fair trial starts with the selection of a fair jury.

Trial Phases for a Crime

A criminal trial typically consists of six following phases:

  • Choosing a Jury
  • Opening Statements
  • Witness Testimony and Cross-Examination
  • Closing Arguments
  • Jury Instruction
  • Jury Deliberation and Announcement of Verdict

Today we will focus on the first phase, that of selecting a jury.

Choosing a Trial Jury

The first step then of a criminal trial is to select the jury. During jury selection, the judge, the prosecutor (representing the government), and the defendant (through his or her respective attorney) will screen potential jurors from a pool of jurors.

During the jury selection process, the judge, prosecution, and defense team will ask potential jurors about any ideological predispositions or life experiences that may interfere with being able to remain unbiased during the case hearing. After questioning a jury is selected.

While jury duty might be a burden and might feel like a waste of time, for a defendant, the selection of a fair juror can mean the difference between a life sentence or freedom.

Fair Jurors for a Trial

The role of a juror is an important one. They alone can decide the future of the defendant on trial. A juror must hear the evidence presented during the trial, deliberate, and decide if the defendant is guilty or not guilty of the charged crimes. Because of this, an unbiased jury must be assembled.

The criminal court system has a system in place that allows for certain rights of a defendant during the juror selection process. This means that a defendant (through his or her attorney) is able to dismiss unfair potential jurors from the jury. The same rights are given to the judge and prosecution team. These rules allow for a fair jury to be selected by all parties that are involved in the case.

The goal of the juror selection process is to put together a jury that will only take into account the evidence presented during the trial so that, during juror deliberation, a fair decision will be made.

Trial Jury Pool Representative of the Community

To pick a fair jury, attorneys will need to have options for jurors. The jury pool (also known as a venire) is the collection of potential jurors assembled from the community. This jury pool is usually chosen via voter-registration lists. Once a person has registered to vote, they are also entered into a list that they can be “summoned” from for jury duty.

This jury pool is composed of a cross-section of the community that cannot intentionally exclude groups and cannot be based on race, gender, or religion. Examples of distinct community groups include:

  • African-Americans
  • Hispanics
  • Asian-Americans
  • Native Americans
  • Women

A jury pool will be selected randomly from all of these community groups. While it must not be an exact match of the community, it must representative of the community.

Voir Dire Questioning Potential Trial Jurors

Once a jury pool is formed the potential jurors are summoned to the courthouse on a particular day and time. The jury pool will wait in a room until they are called to a courtroom. Once in the courtroom, the jury selection process begins with questioning. This process of questioning potential to determine any potential biases is called “voir dire.”

Challenging a Juror for a Trial

During voir dire, the prosecution and defense will interview potential jurors to determine if there are biases that would prevent a juror from being impartial when it comes to deciding on a verdict. If an attorney, either for the prosecution or the defense, chooses to excuse a potential juror, he or she must use a “challenge,” which is a request to disqualify an individual from the jury.

A challenge for cause is when a request to dismiss a potential juror is based on a specific and stated reason. Typically this reason is because it’s been identified by the prosecution or defense that the potential juror has a potential or actual bias. Examples of reasons to challenge for cause include the following:

  • Exposure to negative pretrial publicity
  • Connection to law enforcement or the defendant
  • Victim in a similar case
  • Accidental exposure to the defendant while he was in custody
  • Attorneys usually are given unlimited challenges for cause. A court may also choose to dismiss a potential juror for cause without a challenge from an attorney.
  • Jurors can also be dismissed without stating a reason as part of a peremptory challenge. This challenge is usually based on an attorney’s experience and gut feeling when it comes to choosing a juror. There are typically limited amounts of peremptory challenges that an attorney is able to use during jury selection.
  • Potential jurors are not allowed to be dismissed due to a particular characteristic, such as race, ethnicity, and gender. This rule does not apply to challenges based on age or on mental and physical disabilities.

Alternate Trial Jurors

Once a jury is selected, alternate jurors are selected in case a regular juror needs to be replaced because of inability to perform jury duty. Alternate jurors are questioned and selected in the same manner as the regular jurors.

Input From Defendant

In terms of the defense’s side, a criminal defense attorney will make the ultimate decision about selecting jurors. But these decisions are not made without the defendant’s input. Your criminal defense attorney will handle all of the questioning during the voir dire process because a defendant is not allowed to address the potential jurors. The only exception to this law is if the defendant is representing himself or herself. It is never advised that a defendant represents himself or herself, and if you have been accused of a crime, you should immediately contact a criminal defense attorney.

If You Are Detained

If you are detained in jail, remember there are still ways to incriminate yourself. There are some general guidelines you should follow, including the following:

  • Do not discuss anything over the phone. This is often recorded and can be overheard.
  • Do not discuss with fellow in-mates. Remember that anyone in jail is looking for a way out. That could include providing information about you in order to improve their position with the state.
  • Do not make statements or answer questions without an attorney present.
  • Never waive your rights to something without first speaking with an attorney.
  • Know how to be steadfast with your requirement that an attorney be present during any interrogation or questioning.

Working with a Criminal Defense Attorney

Criminal charges can be complex, requiring much gathering of evidence and information. It’s highly advised that you work with an experience criminal defense attorney that will be able to advise you on the best defense. If you have been arrested and accused of a crime, you need to acquire and work with a criminal defense attorney such as Sevens Legal Criminal Lawyers. Once you have discussed the specifics of the allegations against you with your attorney, they will inform you of the strengths and weaknesses pertaining to your case, as well as any risk of conviction and punishment you may be facing.

A criminal defense attorney such as Sevens Legal Criminal Lawyers, can also negotiate a plea deal as well as decide to move forward with trial, while working constantly to make sure your best interests are served. At Sevens Legal Criminal Lawyers, every defendant has a right to our zealous defense. Contact Sevens Legal Criminal Lawyers, today for a free consultation. Our firm award winning attorneys provides hope and peace of mind. The Sevens Legal Criminal Lawyers office is located in both San Diego and Escondido. We have time and time again helped Southern California residents get their cases dismissed or penalties reduced. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

]]>
US Treasury Department Cracks Down on Money Launderinghttps://www.sevenslegal.com/criminal-attorney/treasury-department-cracks-money-laundering/446/Thu, 16 Nov 2017 16:00:22 +0000https://www.sevenslegal.com/criminal-attorney/treasury-department-cracks-money-laundering/446/The US Treasury Department will begin a new initiative of tracking sales of high-end real estate transactions in an attempt to crack down on money laundering.

US Treasury Department Cracks Down on Money Laundering

Starting in March, the Treasure Department will be tracking sales of high-end real estate in Miami and Manhattan. According to the department’s Financial Crimes Enforcement Network, it will now be required that certain title companies identify the individuals behind shell companies that purchase properties exceeding more than $3 million in all-cash transactions in Manhattan and exceeding more than $1 million in all-cash transactions in Miami.

Manhattan and Miami are being targeted because they are two of the country’s most expensive housing markets, but if the program is successful in identifying fraudulent action, then the initiative might be adopted elsewhere.

Money Laundering

Money laundering, often referred to as a “white collar crime” is the act by which criminals disguise the original ownership of funds so that it appears to have derived from a legitimate source. Money laundering happens not only within the nation, but quite often throughout various nations, as it is often easy for criminals to transfer funds to off-shore accounts.

While there are numerous money-laundering techniques, the Treasury’s initiative hopes to crack down most on shell companies. Shell companies are fake companies that are established to take in money as payment for goods or services that are not actually offered, thus providing a place to “hide” the money that it receives. Fake invoices and balance sheets are a way to make transactions appear valid and legitimate.

Reason for Money Laundering Crack Down

The Treasury is concerned that some of the deal estate deals taking place in Manhattan and Miami are actually being made by corrupt foreign government officials and other international criminals in an attempt to launder money. Because many of these all-cash transactions are made through shell companies, the individuals behind the sales are able to disguise their identities. Making the problem even more difficult to trace is that fact that many shell companies are held by other shell companies, thus providing even more layers between the transaction and the individual making the purchase.

March Unveiling

According to the Treasury’s announcement, the new disclosure requirements will apply for 180 starting in March. During that time, all all-cash real-estate transactions over $3 million in Manhattan and $1 million in Miami will require full names of those making the purchase. Those in the title insurance industry will be required to not only identify buyers, but also report the information to the government, who will then record the information in a database for the US Treasury Department.

Title companies will implement the government’s initiative “to help prevent money-laundering schemes and the illegal purchase of real estate in the United States,” said Michelle Korsmo, CEO of the American Land Title Association.

This will only apply to all-cash transactions as those are the ones that are the hardest to track. For those that need financing, etc… they are already required to provide information to obtain the financing. While the initiative will only take place for 180 days, the government will still be able to seek an extension under federal law that would require full disclosure of identification.

Is Money Laundering Really a Problem?

The real estate markets in Manhattan and Miami have boomed over the past year. At the close of 2015, the median Manhattan home sold for $1.5 million. That’s up 17.3% from the previous year, according to the real estate brokerage Douglas Elliman. Those prices haven’t been seen since right before the housing crisis of 2008. And the median sales price for a luxury unit was $6 million. That’s an even higher jump of 25% from the previous year.

Most importantly, nearly half of those purchases were all-cash. And if the Treasury is correct, that means a lot of potentially illegal money laundering activity.

But that’s just Manhattan. In Miami Beach, the median sales price for a luxury single-family home exceeds $6 million. A chic condo towers within the area’s expensive locations are causing buyers to flock to the Miami.

There was $100 billion spent on Florida real estate transactions last year. And according to the National Association of Realtors, nearly a quarter of that came from international buyers. Of those purchases, 74% were all-cash.

Housing Industry Reacts

The new measure might prove difficult for the housing industry and those working within it such as realtors and appraisers

“It’s painting the high-end segment as having overall treachery, and that’s unfortunate,” said Jonathan Miller, chief executive at the appraiser Miller Samuel. “It’s certainly not helpful to the high end of the market because it adds another level of complication to a transaction.”

Real estate developer Kevin Maloney doubts the initiative will affect sales. He estimates about 60% of his buyers typically use corporations for their transactions, but that isn’t because they are trying to hide any illegal activity.

“People who are buying in the luxury sector want privacy, want anonymity,” said Maloney. “We generally know our buyers because they come in, and they interface with us.”

Money Laundering and Concealment

According to the International Monetary Fund (IMF), the amount of money laundered every year is estimated to be between $600 billion and $1.5 trillion.

A large aspect of money laundering, and being convicted of money laundering has to do with concealment. For money laundering charges to be brought, a prosecutor must show that the person concealed money specifically in order to conceal the ownership and source of the money, as well as control of the money, as to make it appear as if it came from a legitimate source.

Proving concealment is key. For example, if you make a $10,000 profit from privately selling your car and then try to hide that income from the IRS, you have not committed “money laundering.” Yes, you’ve violated tax laws, but because your sale was legal, money laundering charges cannot be brought.

Penalties for Money Laundering

There are state and federal laws regarding penalties for money laundering. Typically, being convicted of committing money laundering results in fines, prison, probation, or a combination of these penalties.

Prison

While money laundering is typically charged as a felony offense, some states charge it as a misdemeanor. A misdemeanor money laundering conviction can result in a year-long jail sentence. Felony convictions carry penalties of a year or more in prison. In situations where a person is a repeat offender and money laundering was part of an ongoing criminal enterprise, or if money laundering was related to terrorist activities, prison sentences can be 35 years or more.

Fines

The fines associated with a money laundering conviction can be steep. A misdemeanor money laundering conviction can mean fines up to no more than a few thousand dollars. A federal conviction can result in fines of up to $500,000 or double the amount of money that was laundered, whichever is greater.

Probation

A court can also impose a probation sentence for money laundering convictions. This probation usually lasts for at least one year, but sometimes as long as three years or more. During the time someone is on probation he or she will have to meet specific probation conditions, including: regularly reporting to a probation officer, allowing the officer to conduct random home checks, taking random drug tests, and not committing other crimes. Violation of probation can cause a court to revoke probation. If this happens, a person will most likely need to serve a prison term, face additional fines, increased probation period, and/or face other penalties.

Being Charged with a Federal Crime

Being investigated or charged with a crime by a federal agency is a sobering and often intimidating situation. The Federal Government can use an array of powerful investigative tools as well as having access to judicial assistance to build a case against you.

Federal prosecutors have the power to create a task force from various law enforcement agencies at all levels - federal, state and local- into a powerful prosecution team. Accordingly, federal prosecuting attorneys have the ability to bring tremendous resources against you, and they will not hesitate to do so.

Federal Crime Definition

Crimes are defined as federal crimes when they either cross state lines, involve a federal agency (e.g., the post office, federally insured banks, the SEC and HUD) or involve the Internet. The most common cases prosecuted at the Federal level include drug trafficking, bank robbery, and Internet pornography, but also white-collar offenses such as mail fraud, wire fraud, bank fraud, and money laundering.

As with any criminal charge, you will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal Criminal Lawyers.

After you have discussed the specifics of your case, your Sevens Legal Criminal Lawyers, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal Criminal Lawyers, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.

Sevens Legal Criminal Lawyers, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal Criminal Lawyers, criminal defense lawyers, call (619) 430-2355. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

]]>
Brett Ratner Accused of Sexual Misconducthttps://www.sevenslegal.com/criminal-attorney/brett-ratner-accused-sexual-misconduct/694/Thu, 09 Nov 2017 16:00:36 +0000https://www.sevenslegal.com/criminal-attorney/brett-ratner-accused-sexual-misconduct/694/Director Brett Ratner has joined the list of Hollywood men to be accused of sexual misconduct.Director Brett Ratner has joined the list of Hollywood men to be accused of sexual misconduct.

Sexual Misconduct Allegations Against Director Brett Ratner

Six different women have stepped forward with accusation against director Brett Ratner. Ratner is known for directing movies Rush Hour and X Men: The Last Stand. Among that six women, two accusers are Olivia Munn and Natasha Henstridge. The director has denied all of the claims against him.

Actress Olivia Munn detailed an experience of Ratner masturbating in front of her in her 2010 book. In 2011 Ratner joked he had “banged her a few times, but forgot her.” He later said he had been lying when he said that. Actress Natasha Henstridge alleges Ratner forced her to perform oral sex when she was 19 years old. That experience allegedly happened in the early 1990s.

Ratner’s lawyer, Martin Singer, made a statement denying all the allegations against Ratner: “I have represented Mr. Ratner for two decades, and no woman has ever made a claim against him for sexual misconduct or sexual harassment. Furthermore, no woman has ever requested or received any financial settlement from my client.”

What is “Sexual Assault”

Sexual assault is defined as any type of sexual contact or behavior that occurs without the explicit consent of a recipient. Included under the term sexual assault are the following: forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape.

Addressing Sexual Assault Accusations

Sexual assault crimes are taken very seriously by the law. If you have been falsely accused you might assume that the charges will just be dropped because of how ludicrous they are to you. These types of allegations do not just “go away,” and you will need to be prepared if you are falsely accused.

Here are some things you can do:

1. Do not speak with police or investigators until you have contacted a criminal defense attorney. They might try different tactics to get you to admit to a crime you did not commit. Remember that they are always trying to build a case. Simply state that you will not speak with them unless there is an attorney present.

2. Get in touch with a qualified and experienced criminal defense attorney. You’ll want to do this as soon as possible, even if you just expect the charges to be dismissed. Prepare for what the allegations might bring. You will be asked to defend yourself, so you’ll need to be prepared. This means contacting witnesses that can testify or provide an alibi for you. You might also need to take psychological tests, or be asked to provide other evidence. Write down as many details as possible about what you remember.

3. Study. A criminal defense attorney will be able to guide you through fighting the allegations, but it’s in your best interest to understand the legal process and know your rights.

You will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal Criminal Lawyers.

If You Get Arrested for a Sex Crime

In 1966, the U.S. Supreme Court ruled in Miranda v. Arizona, that individuals arrested because they are believed to have committed a crime are allowed certain rights that must be explained to them. This must happen before any interrogation. It’s important to note that these rights only need to be read when a person has been taken into custody. “Miranda Rights” are meant to protect a suspect from self-incrimination and is protected under the Fifth Amendment of the U.S. Constitution. Those “Miranda Rights” are as follows:

  • You have the right to remain silent and refuse to answer questions.
  • Anything you say may be used against you in a court of law.
  • You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
  • If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
  • If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

Why Work with a Criminal Defense Lawyer?

When faced with serious penalties or spending time in jail or prison, you need to retain a criminal defense lawyer to represent you in court. If you are facing an assault or battery charge, or a theft charge, a criminal defense attorney will investigate your case’s specifics and determine if you were wrongfully charged. They also will be able to identify if there are any other existing reasons for why the case should be dismissed before it goes to trial. If the charges are not dismissed before trial, a criminal attorney may be able negotiate a plea bargain with the prosecutor on your behalf. If a plea bargain cannot be negotiated, a criminal defense attorney will prepare your defense and represent you at trial.

After you have discussed the specifics of your case, your Sevens Legal Criminal Lawyers, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal Criminal Lawyers, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.

Sevens Legal Criminal Lawyers, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal Criminal Lawyers, criminal defense lawyers, call (619) 494-3440. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

]]>
Is Bail Reform Coming to California?https://www.sevenslegal.com/criminal-attorney/bail-reform-coming-california/691/Thu, 26 Oct 2017 15:00:23 +0000https://www.sevenslegal.com/criminal-attorney/bail-reform-coming-california/691/There's momentum for reforming how California's bail system works. If the system is overhauled, as proposed, bail will no longer be based on a cash amount.It appears there’s new momentum for reforming how California’s bail system works. If the system is overhauled, as proposed, bail will no longer be based on a cash amount.

Will California Have Bail Reform?

This past week, the movement to reform how bail is set in California gained momentum. A proposal to eliminate cash bail was outlined by state Supreme Court Chief Justice Tani Cantil-Sakauye but still would require approval by state lawmakers and Gov. Jerry Brown. While a bill to reform the current system passed the state Senate this year, it failed to pass in the state Assembly.

Below we discuss how bail is currently set and what you need to do if you or a loved one ends up in jail and needs to “post bail”.

The Meaning of “Bail”

Bail constitutes an agreement between you, the defendant, and the court. As the defendant, you agree to post a specific amount of money in exchange for the assurance that you’ll return to court for your scheduled court date. Upon appearing in court as scheduled, and as stated in the bail bond agreement, you get your money back.

As an example, if the court sets bail at $15,000, this means you can pay $15,000 to the court in order to be released from jail. Once you return to court on your specified date, you’re able to get your money back. You’ll get your money back even if you’ve been convicted at your trial. However, you don’t show up for even one of your court dates, you will immediately forfeit your $15,000 and a warrant for your arrest will be issued. If you can’t pay the bail the court has set, you won’t be able to get released from jail. Therefore, you will have to remain in jail until the date the court has set for your trial.

Not being able to post your bail can be a difficult and stressful situation. It means you may have to remain in jail for months between the time of your arrest and the beginning of your trial. Because of this, posting bail usually becomes your first priority after being arrested. Therefore, this is the reason people turn to bail bonds as a means to be released from jail.

How Bail is Determined and Set

Once you’ve been arrested, you’re immediately booked to jail. Once in jail, all your vital information, such as name and personal information, as well as your photo and fingerprints are recorded in the police department’s computer and database. Also, all your personal items are impound. After being booked, you’ll be given a sobriety test. This may be a second sobriety test if you’ve been arrested due to failing the first sobriety test. After this, you’ll be permitted to make one phone call, after which you’ll be put into a jail cell. After this your hearing will be scheduled, where the judge will decide what the amount of your bail will be. This usually happens within 48 hours after your arrest.

Normally the majority of jurisdictions use a schedule for bail to decide the bail amount that should be set. The Superior Court of Los Angeles County sets a bail of $20,000 if a person has been arrested for a felony. The maximum sentence possible for for a felony is 3 years in jail. However, the judge hearing the case has considerable leeway when they decide to set bail. Frequently they will also take external circumstances into consideration when setting bail.

As an example, if this was your first offense, you are currently employed, and have a family in the area, the judge may decide to reduce your bail amount below the required amount. The judge may even decide to completely discard it.

Another example would be if you have multiple offenses on your record and the judge thinks you might be a flight risk. In this instance, the judge’s decision might be to increase your bail or even revoke your ability and permission to post bail.

Some jurisdictions may assign your bail as soon as you’re booked and not wait for an initial hearing. This typically happens only in low level offenses. A police officer will advise you whether you will be able to immediately post bail of if you will be permitted to use a credit card to pay your bail amount.

How Bail Bonds Work

Bail bonds are similar to personal loans. After putting down a small percentage for the total amount, a bail bondsman or agent, gives you the rest of the money needed for your bail. Like a loan officer, this bail bondsman or agent is similar to the lender of a personal loan.

As an example, if your bail is $15,000, you or a family member would be required to make a deposit of $2,000. The bail bondsman or agent would then give you the $15,000 bail needed for you to “post bail.” Most bail bond companies also will require you to provide them with some type of collateral in order to get the remaining money needed for your bail bond. Collateral is usually a deed to your house, item of jewelry, or car. This collateral is used in order to secure the bail bonds’ loan in case you don’t show up at your appointed court date, in which case you would not get your money back. After your trial is over, and you receive your money back from the court, the money is returned to bail bond company you received your bail from.

Due to the fact that this is a financial risk the bail bondsman and bail bond company take because of this loan, they will often take additional precautions to make sure you attend all of your court dates. The bail bondsman wants to make sure his or her company receives back all the bail money it loaned you. As a result of these precautions, bail bond companies will frequently do the following:

  • Prefer a relative or friend put up the necessary collateral for your bond. This is because you will then be less likely to miss a court date since your relative’s or friend’s house or property is on the line in for your bail bond.
  • Call you before each court date in order to remind your about your upcoming trial.
  • Require you to make periodic check-ins at their bail bond office to make sure you haven’t left town.

Like most defendants, you will probably agree that these precautions are a small prices to pay in order to be able to stay out of jail while waiting for a trial date or during your trial.

Bail Bonds and Their Various Types

Some of the different bail bonds that are available include:

  • Surety Bond: This type of bail bond is secured by an insurance company. It’s common for bail bondsmen to work with insurance companies in order to provide financial backing for their bonds.
  • Property Bond: If you own property (i.e., a house), the bail bondsman may be able to use this as collateral instead of putting down cash. With this type of bond the court places a lien on your property and can sell it if you do not appear for your court date(s).
  • Release on Own Recognizance: Sometimes a judge will agree to release you without setting any bail amount. This normally happens only if you are accused of a low level crime and the judge doesn’t consider you to be a flight risk.
  • Cite Out: This would be if you are caught doing something illegal and the officer then decides to issue a citation to appear in court instead of booking you into jail.
  • Immigration Bond: If you are detained by Immigration and Customs Enforcement (ICE), an immigration bond will permit you to be released from jail until your hearing is completed.

Bail and Bounty Hunters

If you decide to flee or skip your trial and a bail bondsman is not able to reach you, chances are they will then hire a person called a “bounty hunter” in order to track you down and then return you to custody.

How to Secure a Bail Bond

If your bail amount is set higher than you or your family member or friend can afford, you will need to secure a bail bond as soon as possible. However, there are still important considerations and questions you need to take into consideration.

A bail bondsman will want to make sure they’re getting the most for their money. To do this they will charge a bail bond bond premium fee that is usually 10-20% of your bail bond amount. This fee is normally not refundable. This means that even if you show up for all your court dates and receive your bail money back, you will never get that 10-20% of your money back. Therefore, it would be wise to look for a bail bondsman that would require a lower premium.

Also, you will also want to take into consideration if there is an initiation or application fee in addition to the premium.

In addition to bail bond feeds, there are also court and attorney fees you need to take into consideration.

If you have been arrested and accused of a crime, you needs to acquire and work with a criminal defense attorney such as Sevens Legal Criminal Lawyers. Once you have discussed the specifics of the allegations against you with your attorney, they will inform you of the strengths and weaknesses pertaining to your case, as well as any risk of conviction and punishment you may be facing. A criminal defense attorney such as Sevens Legal Criminal Lawyers, can also negotiate a plea deal as well as decide to move forward with trial, while working constantly to make sure your best interests are served.

At Sevens Legal Criminal Lawyers, every defendant has a right to our zealous defense. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

]]>
The #MeToo Movement Explodes in Light of Weinstein Allegationshttps://www.sevenslegal.com/criminal-attorney/metoo-movement-explodes-light-weinstein-allegations/690/Thu, 19 Oct 2017 15:00:45 +0000https://www.sevenslegal.com/criminal-attorney/metoo-movement-explodes-light-weinstein-allegations/690/This past week, following the allegations of sexual misconduct by Harvey Weinstein, a new kind of movement emerged: TheThis past week, following the allegations of sexual misconduct by Harvey Weinstein, a new kind of movement emerged: The “#MeToo” Movement.

Weinstein Allegations Make #MeToo Movement Explode

Social media feeds like Facebook and Twitter have been filled with the #MeToo hashtag. The hashtag serves as a way of survivors to share their own personal stories of sexual abuse. From celebrities like Alyssa Milano to political figures like Senator Elizabeth Warren, millions of women have posted the hashtag as a way of acknowledging that they have been the victim of sexual misconduct. “It is a watershed moment for survivors and allies,” Lisa Huebner, an associate professor of women’s and gender studies at West Chester University of Pennsylvania.

More Come Forward

Since last week, even more women have joined the list of Weinstein accusers. On Oct.10 actresses Gwyneth Paltrow and Angelina Jolie also stepped forward to say they been harassed by Mr. Weinstein.

Weinstein has also been ousted from the Academy of Motion Picture Arts and Sciences and police in New York and London are investigation some of the accusations.

What is clear is that we will most likely hear more about Weinstein in the coming months and definitely more from the #MeToo movement.

What is “Sexual Assault”

Sexual assault is defined as any type of sexual contact or behavior that occurs without the explicit consent of a recipient. Included under the term sexual assault are the following: forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape.

Addressing Sexual Assault Accusations

Sexual assault crimes are taken very seriously by the law. If you have been falsely accused you might assume that the charges will just be dropped because of how ludicrous they are to you. These types of allegations do not just “go away,” and you will need to be prepared if you are falsely accused.

Here are some things you can do:

1. Do not speak with police or investigators until you have contacted a criminal defense attorney. They might try different tactics to get you to admit to a crime you did not commit. Remember that they are always trying to build a case. Simply state that you will not speak with them unless there is an attorney present.

2. Get in touch with a qualified and experienced criminal defense attorney. You’ll want to do this as soon as possible, even if you just expect the charges to be dismissed. Prepare for what the allegations might bring. You will be asked to defend yourself, so you’ll need to be prepared. This means contacting witnesses that can testify or provide an alibi for you. You might also need to take psychological tests, or be asked to provide other evidence. Write down as many details as possible about what you remember.

3. Study. A criminal defense attorney will be able to guide you through fighting the allegations, but it’s in your best interest to understand the legal process and know your rights.

You will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal Criminal Lawyers.

If You Get Arrested for a Sex Crime

In 1966, the U.S. Supreme Court ruled in Miranda v. Arizona, that individuals arrested because they are believed to have committed a crime are allowed certain rights that must be explained to them. This must happen before any interrogation. It’s important to note that these rights only need to be read when a person has been taken into custody. “Miranda Rights” are meant to protect a suspect from self-incrimination and is protected under the Fifth Amendment of the U.S. Constitution. Those “Miranda Rights” are as follows:

  • You have the right to remain silent and refuse to answer questions.
  • Anything you say may be used against you in a court of law.
  • You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
  • If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
  • If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

Why Work with a Criminal Defense Lawyer?

When faced with serious penalties or spending time in jail or prison, you need to retain a criminal defense lawyer to represent you in court. If you are facing an assault or battery charge, or a theft charge, a criminal defense attorney will investigate your case’s specifics and determine if you were wrongfully charged. They also will be able to identify if there are any other existing reasons for why the case should be dismissed before it goes to trial. If the charges are not dismissed before trial, a criminal attorney may be able negotiate a plea bargain with the prosecutor on your behalf. If a plea bargain cannot be negotiated, a criminal defense attorney will prepare your defense and represent you at trial.

After you have discussed the specifics of your case, your Sevens Legal Criminal Lawyers, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal Criminal Lawyers, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.

Sevens Legal Criminal Lawyers, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal Criminal Lawyers, criminal defense lawyers, call (619) 494-3440. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

]]>
Harvey Weinstein Fired After Sexual Misconduct Allegationshttps://www.sevenslegal.com/criminal-attorney/harvey-weinstein-fired-sexual-misconduct-allegations/687/Thu, 12 Oct 2017 15:00:50 +0000https://www.sevenslegal.com/criminal-attorney/harvey-weinstein-fired-sexual-misconduct-allegations/687/Co-founder of The Weinstein Company, Harvey Weinstein, was recently fired after allegations of sexual misconduct.Co-founder of The Weinstein Company, Harvey Weinstein, was recently fired after allegations of sexual misconduct.

Harvey Weinstein Fired From Company Following Sexual Misconduct Allegations

In an article recently published by The New York Times, numerous women have come forward with allegations of sexual misconduct by Hollywood heavy-hitter Harvey Weinstein. One of those women is actress Ashley Judd. According to Judd, two decades ago Weinstein invited Judd to a meeting at the Peninsula Beverly Hills hotel. Weinstein had the actress sent up to his room, where he appeared in a bathrobe. During that meeting he asked if he could give her a massage or she could watch him shower. Judd remembers thinking “How do I get out of the room as fast as possible without alienating Harvey Weinstein?”

The accounts of Mr. Weinstein’s misconduct by numerous women all appear to be similar: Women, ranging in age from early 20s to late 40s, reported to a hotel for what they believed were work reasons. Once there they soon discovered that Mr. Weinstein had different interests. He would often appear nearly or fully naked in front of them, or require them to be present while he bathed. He would often ask for a massage or ask if they wanted a massage.

The Weinstein Company Fires Harvey

In light of the allegations Weinstein last week, announcing the decision had been made “in light of new information about misconduct by Harvey Weinstein that has emerged in the past few days.” Lance Maerov, one of the company’s four board members, said the firing was made after it was brought to the board’s attention that Mr. Weinstein had violated the company’s code of conduct at some point during the past week. He would not specify what the violation was.

Weinstein produced “Shakespeare in Love,” which won the best picture Oscar in 1999, and “Gangs of New York,” which was nominated in the same category in 2003. Other productions he is responsible for include “The King’s Speech” and “Django Unchained.”

What is “Sexual Assault”

Sexual assault is defined as any type of sexual contact or behavior that occurs without the explicit consent of a recipient. Included under the term sexual assault are the following: forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape.

Addressing Sexual Assault Accusations

Sexual assault crimes are taken very seriously by the law. If you have been falsely accused you might assume that the charges will just be dropped because of how ludicrous they are to you. These types of allegations do not just “go away,” and you will need to be prepared if you are falsely accused.

Here are some things you can do:

1. Do not speak with police or investigators until you have contacted a criminal defense attorney. They might try different tactics to get you to admit to a crime you did not commit. Remember that they are always trying to build a case. Simply state that you will not speak with them unless there is an attorney present.

2. Get in touch with a qualified and experienced criminal defense attorney. You’ll want to do this as soon as possible, even if you just expect the charges to be dismissed. Prepare for what the allegations might bring. You will be asked to defend yourself, so you’ll need to be prepared. This means contacting witnesses that can testify or provide an alibi for you. You might also need to take psychological tests, or be asked to provide other evidence. Write down as many details as possible about what you remember.

3. Study. A criminal defense attorney will be able to guide you through fighting the allegations, but it’s in your best interest to understand the legal process and know your rights.

You will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal Criminal Lawyers.

If You Get Arrested for a Sex Crime

In 1966, the U.S. Supreme Court ruled in Miranda v. Arizona, that individuals arrested because they are believed to have committed a crime are allowed certain rights that must be explained to them. This must happen before any interrogation. It’s important to note that these rights only need to be read when a person has been taken into custody. “Miranda Rights” are meant to protect a suspect from self-incrimination and is protected under the Fifth Amendment of the U.S. Constitution. Those “Miranda Rights” are as follows:

  • You have the right to remain silent and refuse to answer questions.
  • Anything you say may be used against you in a court of law.
  • You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
  • If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
  • If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

Why Work with a Criminal Defense Lawyer?

When faced with serious penalties or spending time in jail or prison, you need to retain a criminal defense lawyer to represent you in court. If you are facing an assault or battery charge, or a theft charge, a criminal defense attorney will investigate your case’s specifics and determine if you were wrongfully charged. They also will be able to identify if there are any other existing reasons for why the case should be dismissed before it goes to trial. If the charges are not dismissed before trial, a criminal attorney may be able negotiate a plea bargain with the prosecutor on your behalf. If a plea bargain cannot be negotiated, a criminal defense attorney will prepare your defense and represent you at trial.

After you have discussed the specifics of your case, your Sevens Legal Criminal Lawyers, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal Criminal Lawyers, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.

Sevens Legal Criminal Lawyers, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal Criminal Lawyers, criminal defense lawyers, call (619) 494-3440. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

]]>
Equifax Breach and Identity Thefthttps://www.sevenslegal.com/blog/equifax-breach-identity-theft/685/Thu, 05 Oct 2017 15:00:08 +0000https://www.sevenslegal.com/blog/equifax-breach-identity-theft/685/In August Equifax, a consumer credit reporting agency, announced over 140 million had their information compromised from a data breach between May and July.In August Equifax, a consumer credit reporting agency, announced that over 140 million had their information compromised after a data breach took place between May and July.

Identity Theft and the Equifax Breach

It has now been reported that economic losses of $125 million spurred by the Equifax breach were among the largest on record ever recorded. If you have been affected by identity theft and online fraud, there are things you can do.

  • Check your credit reports.
  • Consider placing a credit freeze on your files. A credit freeze makes it harder for someone to open a new account in your name.
  • Monitor existing credit card and bank accounts closely.
  • Place a fraud alert on your files. A fraud alert warns creditors that you may be an identity theft victim and that they need to verify that anyone seeking credit in your name really is you.

A data breach is when the records of a company are either lost or stolen. When this happens, any sensitive information the company may have of yours, such as social security number, bank information, or credit card information, can end up in identity thief hands. They can then use your information to steal your money, access your cards, or create new accounts using your name.

Things to Know About Identity Theft

A data breach can happen anywhere, not just at major department stores such as The Home Depot or Target. It can happen at small neighborhood stores like a local hardware store, as well as your doctor’s office or large or small online retailers, and even credit card companies and banks.

Being a victim of a data breach puts you at risk for identity theft. Identity theft can result in blemishes on your credit report, calls from collection agencies for unpaid bills the thief is responsible for, and can even go as far as compromising your income tax records, prevent you from getting loans, and even cause foreclosure on your house.

State laws usually require businesses to notify customers of data breaches within a certain time period or face fines. Only five states do not have laws about data breaches (Alabama, Mississippi, New Mexico, Kentucky, and Colorado). Many companies pay for credit monitoring for 6 to 12 months for their customers who may be affected. Although the Federal Trade Commission (FTC) has recommended that businesses offer this after a data breach, it’s not required.

What To Do If You’re an Identity Theft Victim

If you’ve discovered you’re an identity theft victim, some things you can do to deal with it include:

  • Contact at least one, but preferably all three, credit bureaus (Experian®, TransUnion®, and Equifax®) and request a security/fraud alert be included in your credit profile. Although it will limit your ability to be approved for new credit, it will also prevent an identity thief from opening new credit in your name.
  • Request and review an official complimentary credit report for any suspicious activity or information.
  • Review all billing statements for fraudulent activity and immediately contact the creditor to dispute any suspicious charges you don’t recognize.
  • Fill out an Identity Theft Report to remove fraudulent information on your credit reports. The “Identity Theft Affidavit” form can be downloaded from the Federal Trade Commission’s website, and can be used to file a police report. *
  • Get an extended fraud alert, which will remain for seven years, and request the removal of any fraudulent data on your credit report.

To remove any fraudulent activity from your credit report you’ll need to provide the following information:

  • Proof of identity
  • Fraudulent data identification on your credit report
  • Copy of your official identity theft report (see “*” above)
  • Your statement saying the fraudulent activity on your credit report is not associated with any transaction you made

Within four business days all fraudulent activity should be removed from your credit report. It’s important that you continue to regularly monitor your credit report. This is the best way to protect yourself from any harmful effects of identity fraud and theft, both now and in the future.

If you have been a victim of identity theft or think you’ve been a victim of a data breach, contact an identity thief attorney such as Sevens Legal Criminal Lawyers, for assistance. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

After you have discussed the specifics of your case, your Sevens Legal Criminal Lawyers, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal Criminal Lawyers, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.

Sevens Legal Criminal Lawyers, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal Criminal Lawyers, criminal defense lawyers, call (619) 494-3440. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

]]>
October is Domestic Violence Awareness Monthhttps://www.sevenslegal.com/criminal-attorney/october-domestic-violence-awareness-month/683/Thu, 28 Sep 2017 15:00:07 +0000https://www.sevenslegal.com/criminal-attorney/october-domestic-violence-awareness-month/683/Domestic violence affects millions across the world. That's why October has been declared Domestic Violence Awareness Month.Domestic violence affects millions across the world. Bringing awareness to the issue is one the main ways to defeat this terrible problem. That’s why October has been declared Domestic Violence Awareness Month.

What is Domestic Violence?

Domestic violence includes beating, threatening, sexual assault, or other harm to another person. Angry words can lead to a push or slap, then escalate to other forms of physical, psychological, or emotional abuse. The following charges are also related to domestic violence:

  • Child endangerment
  • Child abuse
  • Physical injury to a spouse or co-habitant
  • Temporary or permanent restraining order
  • Restraining order violations

Common Cliches About Domestic Violence

Despite the usual images of domestic violence society has, anybody can be a domestic violence victim. It doesn’t matter what sex, age, culture, race, education, religion, employment, or marital status they have. While women are the usual victims, men can fall prey to domestic violence as well. Women may be suspicious of strangers, but it’s usually those closest to them, such as a lover, husband, boyfriend, or other family member, who is the mostly likely person to victimize them.

It is estimated that one out of every four women will experience some form of domestic violence during her lifetime. In the United States the leading cause of injury to women between 15 and 44 is domestic violence. This is more than muggings, rapes, and car accidents combine. It is estimated that every 15 seconds in the United States a woman becomes a victim of domestic violence at the hands or her husband or partner. Approximately three to four million women in the U.S. are beaten by husbands or ex-husbands or male lovers each year in their homes.

A critical change happens when women try to leave their relationships because of some level of abuse. Frequently upon leaving the relationships they end up living in poverty. It’s a difficult choice but better than living with domestic violence. In spite of the dangers of domestic violence, there are a number of cultural and social factors that try to encourage women to stay in abusive relationship to try and make things work. It’s difficult when the violence is a long-standing pattern for both the woman and her partner.

Men who abuse their wives or girl friends frequently says it’s because their wives or girl friends are terribly inadequate. “She’s too lazy and doesn’t do what I tell her!” It is evident these abusive men are dependent on their partners. Some factors that leads such men to violence includes emotional withdrawal, fear of rejection, and/or abandonment. Similar to women who are incapable of leaving abusive relationships, men who batter their wives and children also tend to be psychologically incapable of leaving such a relationship.

While women are usually thought of as being victims of domestic violence, men are often victims more than most people realize. While men tend to be physically stronger, it doesn’t mean they can always escape domestic violence in the relationships they have. Unlike women, a man who is abused doesn’t have the resources women do, must face skepticism by police, and encounter major legal obstacles, especially involving trying to gain custody of their children having an abusive mother.

Male victims of domestic violence has to deal with issues their female victims don’t have to. Both genders are hesitant to report domestic abuse because of embarrassment, or the fear of making the situation worse. In addition to embarrassment, male victims have to deal with identity issues of being a man. This is due to the fact they they’re afraid their family and friends will consider them weak if they find out they’re “let” their female partner abuse them. According to a report from the ManKind Initiative, which campaigns for male victims of abuse, statistics show that 38% of domestic abuse victims are actually male.

Domestic Violence Laws in California

California’s Domestic Violence Laws have been, originated in 2000, have been referred to as a patchwork of statues trying to help victims of domestic violence. However, these laws don’t address some of the biggest obstacles faced by victims, even though they make an honest attempt to prevent domestic violence in family and intimate relationship situations.

The state identifies the beginning of domestic violence as the time an individual commits a criminal act according to the relationship type specified in the California Penal Code. These relationships are classified as a spouse or ex-spouse; current or former cohabitant in the home; a parent the individual has had a child with; or a partner in a dating relationship. For most situations of domestic violence, these are adequate classifications.

The California Penal Code Section 273.5 criminalizes domestic violence. According to the code it’s a crime if the conduct of an individual willful leads to a “corporal injury resulting in a traumatic condition” suffered by another person the individual has a familial or intimate relationship with specified in California’s domestic violence laws.

Since the Penal Code criminalizes battery in familial or intimate relationships, prosecutors can decide to charge defendants with battery under Penal Code Section 243(d) if the defendant “inflicted serious bodily injury” on the victim. Under this section, battery is a greater degree of harm the victim suffered due to domestic violence.

Domestic violence and child abuse frequently go hand-in-hand. To address this, prosecutors may also charge a defendant of domestic violence under various other applicable sections of the Penal Code. Based on the crime’s severity and harm to the victim, as well as other circumstances in the case, a prosecutor decides what criminal charges to pursue.

California Penal Code Section 836 has mandates for arrest for when defendant violate restraining orders. This section recognizes the potential consequences dealing with violations of restraining orders as well as the casual treatment police often give these violations. Now California police are required to arrest offenders who violate restraining orders in domestic violence cases. Unfortunately there is no requirement in the legislation for a district attorney to then prosecute these cases of restraining order violations the police sends to them.

The Role Prosecutors Play in Cases of Domestic Violence

Over the years legislators have been given opportunities to address certain aspects, they still have not address crimes such as domestic violence, rape, and child abuse. The district attorney has absolute power to refuse to file charges even if there is solid the evidence for the charge. When this occurs, the victims have no legal remedy. This unrestricted prosecutorial discretion was shown in Sonoma County which has the lowest conviction rate in the state, and cases for violence against women and children tend to be systematically undercharged.

Even though California does a fair job overall when it comes to enforcing domestic violence cases, there is considerable work still to be done in order to make the laws for domestic violence effective when in order to protect victims and their children.

It is also recommended that judges and law enforcement personnel receive better education and training.

If you are a victim of domestic violence you need the expert advice and support of a domestic violence attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Prescription Drugs in America Todayhttps://www.sevenslegal.com/criminal-attorney/prescription-drugs-america-today/339/Thu, 21 Sep 2017 15:00:45 +0000https://www.sevenslegal.com/criminal-attorney/prescription-drugs-america-today/339/Illegal drugs have had a negative image in the culture of modern America. Prescription drugs are usually not considered illegal, but they can be addictive.Illegal drugs have always had a negative image in the culture of modern America. They’re usually thought of as only used by the fringes of society, and definitely not used by what society considers upstanding citizens.

However, history has proven that the doors in America have long been held open by all levels of society for the use of all types of drugs. In the 19th century, patent drugs not only contained but also promoted the drug use of morphine and cocaine, both of which were available at the corner drugstore without a prescription. Society had little, if any, stigma associated with their use. The “Coca” in Coca Cola was cocaine. It wasn’t until 1929 that all traces of it was removed.

The Epidemic of Addiction to Prescription Drugs

American society hasn’t changed as much as you may thing from those early days. We’ve created new and different types of drugs and added minor legal stipulations for their use. But while the social stigma still exists for illegal drugs, it’s become almost fashionable to use and have a prescription for Xanax. Americans love their prescription drugs! They love them so much that America is in the middle of an epidemic where it comes to prescription drugs. More people die every day in America from addiction to prescription drugs than from car accidents, gunshot wounds, or suicide. The misuse of prescription medication results in approximately 100 people every day losing their lives.

Addiction to painkillers is widespread across all levels of American society. Among celebrities, painkiller addiction is a major health hazard, many pointing to the reason for their downward spirals to their dependence on prescription painkillers such as Vicodin, OxyContin, and oxycodone. In spite of it’s negative aspect, Hollywood’s penchant for prescription drugs give impressionable people, such as fans, the idea that abusing drugs is okay. They want to be part of the “hip” Hollywood scene, and start to go to the better known “feel good” doctors to get their own prescription drugs so they can be like their screen idols.

Senior Addiction to Prescription Drugs

Prescription drug addiction isn’t just for the down-and-out or the young-and-hip these days. In the U.S. there are over 300,000 seniors who abuse their medications by misusing them. A USA Today report states, “Hundreds of thousands of the nation’s seniors are misusing prescription drugs, spurred by a medical community that often is quick to offer narcotic pain killers, anxiety medications and other pharmaceuticals for everything from joint pain to depression. And despite a push by public health officials to slash dispensing rates, doctors are prescribing the highly addictive drugs at record levels.”

The abuse of prescription drugs is both painful and costly, a situation that prescription drug abuse is inflicting painful and costly trauma on our nation, injury that summons the attention of both government and private agencies. There are many problems and issues caused by the prescription drugs problem. These types of drugs are widely available to a public who is clamoring for them. But there are consequences to their uncontrolled use. A starting point to help counter this addiction problem may be to target those who are most susceptible to becoming easily addicted.

Who Gets Addicted to Prescription Drugs and How?

One key aspect for the rising rates of addiction is the widespread availability of prescription drugs. Many doctors and patients alike know that a pill is the easiest and quickest way to take care of symptoms. In turn, patients trust their doctor will legitimately prescribe the pills that will be the answer to their prayers to relieve their painful ailments. The majority of people think that if a doctor prescribes drugs that are then filled by a reputable pharmacist, that they will be safe. Unfortunately, this isn’t always the case, especially if the drugs aren’t used properly.

Of all the groups in society affected by drug abuse, the most surprising and alarming involves the addiction by seniors. Seniors being addicted to drugs isn’t an image most people have. These citizens are veterans of tough times younger Americans can’t even conceive of.

As people approach their senior years, things can become painful. Backs, hips, knees, elbows, ankles, and hands, all tend to be sources of pain making a normal life, like they had when they were younger, difficult and many times impossible. Doctors are quick to prescribe medications to kill the pain, many with major side effects as well as being highly addictive.

When seniors take pain medication for chronic problems, many times they build up a tolerance and resistance. When this occurs, they may ask their doctors for stronger medication or a larger number of pills. Dosages increase as time goes on, and when they reach a limit, seniors may decide on their own to take more pills to try and kill the pain. This leads to dependence and many times result in the devastating consequences of death.

The toll is enormous in the senior community with the rise of deaths caused by drug overdoses, increased emergency room admittances, and increased addiction treatment program admissions. The Substance Abuse and Mental Health Services Administration (i.e., “SAMHSA”) reports that between 2007 and 2011, there was a 46% increase in prescription narcotics cases for people 55 and older.

For those people who never thought they were addicts, prescription drugs are a new twist when they realize they’ve become addicted to them.

A few years ago, law enforcement became concerned about OxyContin, a new prescription pain killer that was commonly prescribed. Due to it’s abuse in communities in the Appalachians, it became known as “hillbilly heroin.” There were many “pill mills” in Florida that were the source of OxyContin as well as other prescription pain killers in many Southern states.

As the price of pain killers rose, due to their demand, users realized heroin produced the same desired effect and had the other desired effect of costing less. As a result, OxyContin became the “gateway” drug that led many to heroin addiction. Almost 700,000 Americans used heroin last year, twice the number from a decade ago. Some of these heroin addicts were from highly regarded groups from professional backgrounds.

The Charlotte Carolinas Medical Center was trying to get a better understanding about some of their patients who were entering for heroin detox. These professional people included lawyers, nurses, police, and even ministers, all of whom were considered high achievers in their communities. When asked why and how they became heroin addicts, they had a common answer, “We used to take pills, but now we inject heroin.”

A National Institute on Drug Abuse spokesperson recently told CNN News that almost half of the young people who inject heroin have said they originally abused prescription opioids before they turned to heroin. Their path of “legitimate” drug user to heroin addict was a short one.

California’s CURES Answer to Abuse of Prescription Drugs

California is leading other state governments by addressing the prescription drug problem with the Triplicate Prescription Program (i.e., “TPP”) designed to tackle the problem. The Triplicate Prescription Program was created in 1939 to capture and collect information on Schedule II prescription drugs. Prescription drugs classified as Schedule II include Hydrocodone, Vicodin, and OxyContin.

In 1999 the TPP program was incorporated into and replaced by the Controlled substance Utilization Review and Evaluation System (i.e., “CURES”). The CURES database is designed to be a valuable tool for regulatory boards, the health care community, and law enforcement to be used for investigation, prevention, and education, and contains information about Schedule II through IV controlled substances that are dispensed in California. The program seeks to promote increased awareness about prescription drug abuse without interfering with the legitimate prescribing by physicians of drugs for patient care. It also attempts to prevent the diversion practice of controlled substances being “diverted” into the hands of people who don’t have any legal or legitimate reason to use them.

California’s Prescription Drug Monitoring Program (i.e., “PDMP”) was introduced in 2009 and is a searchable client-oriented part of CURES. Its function is to gather Schedule II to IV substance prescription information about who they were dispensed to in order to help diversion awareness and to intervene potential prescription drug abusers. The principle behind PDMP is that pharmacists and medical prescribers will use their professional skills to identify and assist the abusers of controlled substances.

PDMP permits authorized users such as licensed health care providers and pharmacists who are allowed to prescribe controlled substances, as well as law enforcement and regulatory boards, to access patient history for controlled substances contained in the CURES database. PDMP is dedicated to assisting pharmaceutical drug diversion without affecting the legitimate prescribing of drugs by the medical profession for patient care.

Getting Around the CURES System

Although programs such as California’s CURES program addresses the drug abuse problem by trying to control the legal avenues by which potential drug addicts get their drugs, there are other avenues and methods drug abusers can use to obtain controlled substances. Most of the drug abuse problem is the result of these illicit avenues used to procure these controlled substances.

National surveys indicate the Centers for Disease Control and Prevention have discovered that about 60% of people who use prescription painkillers without a prescription, or just for the feeling they get, obtain the drugs from friends or family. About 17%, one in six, of people have reported that the most recent prescription painkillers they got was prescribed by one doctor.

When people use drugs obtained through family and friends, they’re more likely to also turn to other sources, like drug dealers. The CDC has discovered large numbers of people die due to prescription painkiller overdoses where the drugs used were obtained without a prescription. It’s difficult to determine the exact number due to the fact the information sources are either not available or inaccurate. One interesting fact is that women more than men tend to begin with prescription drugs then move to non-medical reasons for taking them.

Convenience of Prescription Drugs as an Easy Fix

A quick observation relating to America’s prescription drug epidemic is the fact that it’s involved with what we value as a nation. Americans tend to value easy fixes and convenience. What is easier than popping a few pills? As the cliche goes, it’s “just what the doctor ordered,” in more ways than one.

In many circumstances prescription drugs are necessary and lifesaving, but the fact is increasingly apparent that there’s a strong correlation between taking prescription drugs and becoming addicted to prescription drugs.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Book and Release Process in San Diegohttps://www.sevenslegal.com/criminal-attorney/book-release-process-san-diego/679/Tue, 19 Sep 2017 15:08:14 +0000https://www.sevenslegal.com/criminal-attorney/book-release-process-san-diego/679/[caption id=“attachment_658” align=“alignright” width=“217”]Samantha Greene Samantha Greene[/caption]

Book and Release Process in San Diego

The prospect of going to jail can be daunting and frightening not only for those facing criminal charges, but their loved ones as well. In certain cases where you are arrested for a misdemeanor charge, the arresting officer has the discretion to book you into custody or release you on a promise to appear in court at a later date. If the officer decides to cite and release you, you may be required to undergo a “Book and Release” once the case is resolved. For example, in certain DUI cases, an officer may decide to release you to a spouse or family member in lieu of taking you to jail for booking. If you are ultimately convicted of the DUI offense, you will be required to submit to the booking process because you were never formally booked into jail following the offense. You may also be ordered to report for a “Book and Release” if you were notified of the pending charges against you via a “Notify Letter.” Typically, the letter will inform you that a complaint has been issued and filed in San Diego Superior Court. The letter will also list the charges you are alleged to have violated, and typically includes the date and time you will be required to appear in court for your arraignment. The letter may state that it will be necessary for you to “submit to the booking process” on the date of your arraignment unless it has already been accomplished. As such, if you were never arrested or booked on the charges listed in the complaint, you should prepare for the possibility of a “Book and Release.”

What happens during the book and release process?

The book and release process generally entails reporting to a particular jail on a scheduled date and time (generally a weekend) where you will be fingerprinted, photographed, processed, and then released. During the booking process, you will be searched to make sure you are not in possession of any contraband. Make sure to check your pockets for any weapons (e.g., pocket or Swiss Army knives) or other forms of contraband (e.g., vape pens, non-prescribed medications). The jail staff will take your photograph (also known as a “mug shot”) and enter your personal information and charge(s) into their computer system. You should bring a photo ID as well as any court paperwork you have with you.  

Where do I report to?

In San Diego County, you will be ordered to report to either the San Diego Central Jail or the Vista Detention Facility if you are a male. For females, you will be ordered to report to the Vista Detention Facility or Las Colinas Detention Facility.  

How long will it take?

Depending on how busy the jail is, the process can last anywhere from ten minutes to a few hours, depending on how busy the jail is the day you arrive.  

Do I need an attorney for a Book and Release?

Depending on the case, you may be able to avoid the book and release process if your misdemeanor or felony charges are reduced to lesser charges, or dismissed altogether. It is highly advised that you work with an experienced criminal defense attorney that will be able to advise you on the best possible outcome of the case. If you or a loved one has received a notify letter discussing the possibility of submitting to the booking process, contact us immediately so we can assist you during this difficult time.

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How To Handle Police Interactionshttps://www.sevenslegal.com/criminal-attorney/handle-police-interactions/427/Thu, 14 Sep 2017 15:00:18 +0000https://www.sevenslegal.com/criminal-attorney/handle-police-interactions/427/Whether it be criminal charges, or simply being pulled over for speeding, chances are if you haven’t had an interaction with a police officer, at some point you will. It can be scary, and often feel as if you are assumed guilty - even for minor infractions. Because of that, it’s important to know that you have legal rights that protect you. Below we outline some of those rights so that you feel prepared should you need to interact with police officers.

Getting Pulled Over by Police

Being pulled over by a police officer can be incredibly stressful. From the moment those lights turn on you immediately start questioning what you did wrong and how you are going to prove you are innocent. It’s important to remain calm and follow these guidelines:

  • Look for a convenient area to pull over - make sure it is safe for the officer to pull in behind you. Also, if it is dark, you might decide to pull over to an area that is well lit. All of these actions will show the police officer that you are taking their safety into account.
  • Slow down, turn on your turn signal and pull over
  • Take the keys out of the ignition and place them on the dash
  • Relax and take a deep breath
  • Roll down your driver’s side window
  • Turn on interior lights if it is dark
  • Make sure all your movements are slow so that the officer can watch you and ensure that you are not drawing a weapon or hiding something
  • Do not reach for anything, but rather, place your hands on the steering wheel
  • When the officer approaches, allow him or her to speak first. Typically he or she will ask for your license and registration.
  • Reach for them slowly and deliberately, hand them to the officer, and then place your hands back on the wheel
  • Be polite and answer any questions asked of you
  • Follow any orders given to you by the officer

Getting pulled over can be stressful, but as long as you make the officer feel comfortable and safe and you act responsibly, you have a better chance of getting through the experience.

Police and Search Warrants

On TV, or in movies, you often hear that a police officer needs a “search warrant” to enter a home. That’s exactly correct. A search warrant allows an officer the legal right to enter a home or business to look for evidence. Typically a search warrant will include everything contained in the property’s perimeter, including outbuildings and automobiles that are on the property.

An officer is required to knock, announce himself, and use force to enter unless the warrant specifically states the officer can make an unannounced entry. Also, a police officer does not have to “wait” for admittance by the occupant.

The police officer also does not need to display the warrant to the occupant or owner before entering.

Under the search warrant, an officer cannot search the person of anyone found on the premises unless there is reasonable cause to believe that person is engaged in criminal activity or poses a threat to officer safety.

Grounds for Police Issuing Search Warrant

Under California law, these are the requirements for issuing a search warrant:

  • The property was stolen or embezzled
  • The property to be seized is evidence that a felony has occurred or that a particular person has committed a felony
  • The property is child pornography
  • There is a warrant to arrest a person
  • The property to be seized is in possession of someone who intends to use it to commit a crime, or the property is in possession of another person to whom he/she may have delivered it for the purpose of concealing it or keeping it from being discovered
  • A firearm or other deadly weapon was used at the scene of a crime
  • A mentally disturbed person is in possession of a firearm
  • A person subject to a protective order or restraining order is in possession of a firearm and refuses to relinquish it
  • During an investigation of certain misdemeanor crimes where a felony is also suspected
  • An investigator has shown probable cause to a judge.

A Note About Exemptions: Attorneys, doctors, psychologists, and clergy are exempt from searches of professional records that might be in their possession unless they are suspected of criminal activity themselves.

Miranda Rights and Police

In 1966, the U.S. Supreme Court ruled in Miranda v. Arizona, that individuals arrested because they are believed to have committed a crime are allowed certain rights that must be explained to them. This must happen before any interrogation. It’s important to note that these rights only need to be read when a person has been taken into custody. “Miranda Rights” are meant to protect a suspect from self-incrimination and is protected under the Fifth Amendment of the U.S. Constitution. Those “Miranda Rights” are as follows:

  • You have the right to remain silent and refuse to answer questions.
  • Anything you say may be used against you in a court of law.
  • You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
  • If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
  • If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney.
  • Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

Interrogations by Police

Regardless of if you are informally interrogated by a police officer (such as during a pullover for a traffic violation) or formally interrogated for a crime, remember that there are specific laws that protect you. An officer will use any number of tactics to get a confession from you, regardless of you are guilty or not. It has been shown in clinical research that these tactics are effective in getting confessions from people who are later exonerated by DNA, and thus have always been innocent.

There are two key things to remember if you are being interrogated:

  • Interrogations are set up and conducted to produce confessions - even from the innocent
  • The best way to protect yourself is to remain quiet about anything. Do not make a statement without first talking to a criminal defense attorney. The best way to not incriminate yourself is to not say anything at all.

If You End Up In Jail

If you are detained in jail, remember there are still ways to incriminate yourself. There are some general guidelines you should follow, including the following:

  • Do not discuss anything over the phone. This is often recorded and can be overheard.
  • Do not discuss with fellow in-mates. Remember that anyone in jail is looking for a way out. That could include providing information about you in order to improve their position with the state.
  • Do not make statements or answer questions without an attorney present.
  • Never waive your rights to something without first speaking with an attorney.
  • Know how to be steadfast with your requirement that an attorney be present during any interrogation or questioning.

Jail and Bond

Unless you are dealing with a minor charge, your bond will probably not be set until you appear before a judge during an arraignment. An arraignment is the first part of courtroom-based proceedings. This is what happens during an arraignment:

  • The person charged goes before a criminal court judge
  • The judge reads the charges against the person
  • The judge asks the person if he or she has an attorney or if they need the assistance of a court-appointed attorney
  • The judge asks the person if they will plead “guilty,” “not guilty,” or “no contest.”
  • The judge sets a bail amount, if necessary
  • The judge announces the date of the future proceedings, such as a preliminary hearing, pre-trial motion, or trial.

During an arraignment, you want to make sure you have the best possible outcome from your case. Ensure that you understand everything that you are being charged with. Make sure you have received counsel.

Working with a Criminal Defense Attorney

Criminal charges can be complex, requiring much gathering of evidence and information. It’s highly advised that you work with an experience criminal defense attorney that will be able to advise you on the best defense.

If you or loved ones is accused or charged with any type of crime call us. Let us support and help you during this tough time. Our firm award winning attorneys provides hope and peace of mind. The Sevens Legal Criminal Lawyers office is located in both San Diego and Escondido. We have time and time again helped Southern California residents get their cases dismissed or penalties reduced.

Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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The Problem with Eyewitness Accountshttps://www.sevenslegal.com/criminal-attorney/problem-eyewitness-accounts/424/Thu, 07 Sep 2017 15:00:54 +0000https://www.sevenslegal.com/criminal-attorney/problem-eyewitness-accounts/424/So many trials come down to eyewitness testimonies. But sometimes eyewitness account aren't reliable, and the damage done is irreparable.So many trials come down to eyewitness testimonies. Since a jury wasn’t there, they are relying heavily on the eyes and ears of the people that were there at the scene of the incident. But sometimes witness account aren’t reliable, and the damage done is irreparable.

Luis Lorenzo Vargas Behind Jail for Faulty Eyewitness Accounts

Luis Lorenzo Vargas knows just how damning faulty eyewitness accounts - enough to lock him away for 16 years for three crimes he did not commit.

In 1999, when Vargas, now 46, warned the judge, “You can sentence me to all the years you want, but as far as I’m concerned … that individual that really did these crimes might really be raping someone out there.” Following that statement, he was sentenced to life in prison for three sexual assaults.

But now, thanks to new DNA evidence, a Los Angeles County judge has thrown out Vargas’ rape convictions. The evidence revealed has instead implicated the notorious “teardrop rapist,” an unidentified assailant that has been linked to more than three dozen sexual assaults over the last nearly two decades.

In early November, 2015, the Los Angeles County prosecutors wrote the judge saying the office “no longer has confidence in the [Vargas] convictions.”

But what landed Vargas in jail for these crimes that he did not commit?

Within that questions lies an issue that has been a thorn in the side for law enforcement for ages: eyewitness accounts.

Similarities Between Vargas and Teardrop Rapist

One of the main reasons Vargas was accused of committing these rapes was the similarities between him and the notorious teardrop rapist.

The teardrop rapist is reported to have two “teardrops” tattooed above his left eye. Vargas also has a teardrop tattoo above his left eye - a tattoo that his lawyers say he received when he was thirteen in an attempt to “look cool” to neighborhood kids.

In 1998, LAP investigators noticed that there were a number of similarities between three sexual assaults that had taken place in South L.A. over the course of a few months.

Each attack took place around 6 a.m.

The first one, in February 1998, happened to a 17-year-old girl that was attacked by a man that had asked her for help to catch a bus. The man pulled her to a nearby driveway and then held a knife to her as he sexually assaulted her.

In May of that year, a 24-year-old women was approached by a man while she was waiting for a bus. The man held a knife to her body and threatened he’d kill her if she told anyone. She told the man people were watching her and he ran away.

That woman described her attacker as a Latino man that had two teardrops tattooed near his left eye.

Just a few days later, a 15-year-old girl was raped in the parking lot of an apartment building. She described the same tattoo.

Focus Turns to Vargas

Following the attacks, LAPD investigators turned their focus to Vargas. He lived in the neighborhood, resembled a composite sketch drawn from victim descriptions, and had the faded outline of a teardrop inked under his left eye.

But investigators had another reason to focus on Vargas: his 1992 rape conviction. The charge was brought after he came home drunk one evening and raped his then girlfriend. According to a district attorney’s spokeswoman, Vargas pleaded no contest to the accusation and was sentenced to three years in prison.

Charged for Sexual Assaults

When everything pointed to Vargas, he was arrested in 1999 and went on trial for the three sexual assaults.

All three victims identified him as the man that had attacked them.

Still, Vargas maintained his innocence. He even had co-worker testimonies that placed him at work at the time each of the three attacks took place.

In February, around the time of the first recorded attack, Vargas was working at a bagel shop in Beverly Hills. Later on that year, he moved to a different bagel shop in Hollywood.

Unfortunately, the shops did not keep track of their employees’ hours, and thus Vargas could not provide paperwork that proved he had been at work during the time of the attacks.

As a result, jurors convicted Vargas. He was sentenced to 55 years to life in prison.

Jail Time and Continued Assaults

As Vargas sat in jail for crimes he did not commit, the teardrop rapist continued his spree. He has been tied to at least 39 sexual assaults in the Los Angeles area since 1995, according to Los Angeles Police Capt. The last attack took place in spring 2013, when Vargas was locked up.

Even harder for Vargas’ case, is that investigators aren’t even certain the teardrop rapist has his signature teardrop tattoo. According to Hayes, the “teardrop” may be a scar or a mole near his eye.

The Innocence Project

As Vargas sat behind bars, and the attacks continues happening, he realized that to prove his innocence, he was going to need outside help. After filing appeal and appeal, and unsuccessfully petitioning the state Supreme Court to look at his case, he reached out to the California Innocence Project.

The California Innocence Project is a non-profit that is dedicated to freeing the innocent while changing laws and policies in the state of California.

In 2012, Vargas and the Project filed a request to examine DNA that had been collected from the jean shorts and underwear of one of the victims he had been accused of and convicted of attacking.

The tests yielded genetic material from at least two people: the victim and the teardrop rapist.

A recent letter from the district attorney’s office stated that the sophisticated technology used to exclude Vargas’ DNA did not exist when the case was first heard - back in the late-1990s.

That means Vargas’ case had come down to the similarities between him and the teardrop rapist. And those descriptions had all come from eyewitness accounts.

Eyewitness Accounts

Since DNA testing was first introduced in the 1990s, researchers at the Innocence Project have reported that 73% of 239 convictions that were overturned as the result of updated DNA testing were based on eyewitness testimony. And one third of the overturned cases had come down to the testimony of two or more mistaken eyewitnesses.

According to the district attorney’s, victims who had positively identified Vargas during the trial had not been as certain of him during initial lineups. The prosecutors also realized that a noted discrepancy existed: two of the victims had aid their attacker had two teardrops tattooed near his left eye. But Vargas has only one.

When recently interviewed by investigators, the girl who was raped, now a woman, stood by her identification of Vargas. But prosecutors believe she “honestly but mistakenly identified Vargas at trial as her assailant.”

What jurors need to remember is that eyewitness accounts are not always accurate, in fact, they are fairly inaccurate most of the time. This is not the fault of the eyewitness, but rather a misconception that we all have about how memory works. Most people believe that memory is similar to a video recorder in function: the mind records an event, and on cue, plays the event back as an exact replica. But psychologists have found that memories are actually “reconstructed” rather than “played back.” The act of remembering, says memory researcher and psychologist Elizabeth F. Loftus of the University of California, Irvine, is more like putting puzzle pieces together than retrieving a video recording.

A number of things factor into the ability of an eyewitness to accurately describe a crime, including:

  • Extreme amounts of stress at the scene of the crime or during the identification process. This can be increased during the crime if there are weapons present
  • Use of a disguise (such as a mask or wig) by the perpetrator
  • Racial disparity between the eyewitness and the suspect.
  • The brief amount of time during lineups or other identification procedures.
  • A lack of distinctive characteristics of the suspect, such as tattoos or extreme height.

In Vargas’ case, it was the similarity between his tattoo, and the man that has been accused of actually committing the crimes, the teardrop rapist.

Vargas Cleared to Move Forward

Now that the charges have been dropped, and Vargas’ name cleared, he can try to move on with his life.

His daughter, 26 year-old Crystal Nuñez-Vargas, said she felt a weight lift from her shoulders when Vargas’ release was announced. Her life has been seemingly wrecked by her father’s imprisonment.

Recently married, she decided to hold off on a large wedding, opting for an “on paper” marriage. She wants her father to be there to walk her down the aisle.

“Every little girl’s dream,” she said, choking up.

Vargas’ wish for after his release, she said, is simple: He wants to read bedtime stories to her 7-year-old daughter.

Vargas’ mother,Blanca Alatorre, is also happy her son will be coming home. But she’s still angry for the 16 years she cannot get back. “This can’t happen to other people. It just can’t. It’s injustice.”

If you or loved ones is accused or charged with any type of crime call us. Let us support and help you during this tough time. Our firm award winning attorneys provides hope and peace of mind. The Sevens Legal Criminal Lawyers office is located in both San Diego and Escondido. We have time and time again helped Southern California residents get their cases dismissed or penalties reduced.

Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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The History of Organized Crime in Americahttps://www.sevenslegal.com/criminal-attorney/history-organized-crime-america/331/Thu, 31 Aug 2017 15:00:35 +0000https://www.sevenslegal.com/criminal-attorney/history-organized-crime-america/331/The 20th century of American history has seen organized crime play out in movies and television, bringing their story into the consciousness of the nation.The 20th century of American history has seen organized crime play out in movies and television, bringing their story into the consciousness of the nation.

Older Americans who remember the beginnings of the TV age may remember Senator Estes Kefauver and the “Special Committee to Investigate Crime in Interstate Commerce” he had that repeatedly questioned notorious mobsters in the 1950’s who appeared before his committee.

1951 Organized Crime Senate Hearings

An amazing estimated 30 million Americans watche the live broadcast of the proceedings in March 1951 on their dim black and white TVs. The hearings the criminials, previously known only in newspaper headlines, to life. At the time, it was the most widely-viewed investigation by the congress. Suave, well-mannered criminals, like Frank Costello and Bugsy Siegel were viewed by a national audience. Their appearance helped form the American image or organized crime that still persists today.

Senator Kefauver tried to expose interstate gambling, that he referred to as “the life blood of organized crime.” Although interstate gambling was just one element, it was so widespread that it was a serious threat for the economy of the nation. America is still dealing with this threat 70 years later.

The Irish - Italian elements of the 1950’s in organized crime has slowly faded, but it’s made room for organized crime’s new face, which reflects and racial and ethnic complexity of today’s America.

Today’s organized crime is highly diverse and has a definite multi-cultural aspect, which is easy for anybody to see with a casual glance. The active crime scene in today’s America includes Chinese, Russian, Armenian, various Asian gangs, and the infamous Mexican drug cartels who are closely allied with the wide racial diversity of American prison gangs.

The subject of federal indictments under “RICO,” the Racketeer Influenced and Corrupt Organizations Act, is now white biker gangs. These former 40’s and 50’s “party boys” have become criminal enterprises rivaling today’s sophisticated criminal organizations.

The everyday lives of the vast majority of American is far removed when it comes to activities involving organized criminals. It is somewhat of a revelation to realize the far reaching ethnic and racial diversity that involved in today’s criminal organizations that span the globe with their associations. Unlike other parts of our society, the racial and ethnic cooperation achieved by organized crime is unparallelled.

Los Angeles Based Armenian Power Crime Gangs

The Armenian Power gang, based in Los Angeles, has gotten little attention by the media outside of California, so they may not have a high national profile. However, their modest reputation was boosted in February, 2014, by the Justice Department which it announced that Andranik Aloyan from Los Angeles was convicted for his part in one of the largest racketeering conspiracies in American history. His conviction was due to a massive crackdown of his gang. The gang had grown from a street gang consisting of recent immigrants in the past to currently being an international crime ring consisting of approximately 200 members.

The Armenian Power gang began in the 80’s in East Hollywood, forming an alliance with the Mexican Mafia prison gang controlling most of the prison drug trade in California. The Mexican Mafia aided the members of the Armenian Power gang in jail by providing “protection and status.” In turn the Armenian Power gang was wht muscle the Mexican Mafia used to collect dues. This alignment was the springboard which gave them expansion into various other types of crime which includes bank fraud, drugs, and even high-rolling gambling tournaments conducted in secret locations throughout the San Fernando Valley.

It didn’t take long for the Armenian Power gang to come under the scrutiny of law enforcement. After years of wiretaps and surveillance, and a kidnapping and extortion victim who risked his life by testifying, 90 Armenian Power gang members, plus AP associates, were indicted in 2011 by the federal government, and dozens of others were arrested.

Many of the 90 Armenian Power gang members men and women who were convicted worked out plea deals to avoid trial, but in April, 2014, a kingpin in the gang decided to take his chances by facing a federal jury. Known as “Capone,” Mher Darbinyan and two associates appeared downtown at the U.S. District Court House. There a jury spent weeks hearing testimony and being presented with copious bits of evidence. When the jury was finished deliberating, Mr. Darbinyan was convicted on 57 criminal counts which included extortion, racketeering conspiracy, aggravated identity theft, and bank fraud.

When these Armenian Power gang members were convicted, the FBI said, “With the arrests and convictions of nearly all senior leadership of Armenian Power, we dealt a serious blow to their ability to continue to operate in the manner they were accustomed.” Since the convictions there have been numerous media stories about them. It will only be a matter of time if to find out if the Armenian Power gang will only be mentioned in history books.

Gangs in Prison

The operation of prison gangs are normally confined to federal and state prisons and somtimes also to county jails. When released active gang members come back to their communities. Since these released gang members are familiar with their neighborhoods and communities, they then become representatives for their prison gang, recruiting new gang members to do criminal acts for their gang in prison.

Prison gangs have become a serious domestic threat in recent years. They’ve been affiliating themselves with drug cartels who law enforcement refer to as “DTOs” or Mexican Drug Trafficking Organizations. Due to these affiliations, prison gangs can maintain substantial influence of the street gangs that operate in their home communities.

An example of these multi-generations gangs in Los Angeles is the Big Hazard gang which operates in East Los Angeles. Recent criminal indictments of this gang indicate that they’re a part of a network made up of Latino gangs who are controlled by the Mexican Mafia prison gang, also known as La Eme.

The Mexican Mafia operates their empire out of numerous federal and state prisons to control the gangs on the streets of Los Angeles. They use gangs such as the Big Hazard gang to keep control of their drug trade. They function as wholesalers and suppliers directly for the Mexican drug cartels. There isn’t much known about the Mexican Mafia since they are highly secretive, but it is known that they’re involved heavily in the trafficking of methamphetamine. This information was revealed in documents associated with indictments under the federal statutes of the Racketeer Influenced and Corrupt Organization (RICO) brought against 38 members of the LA Big Hazard gang in December 2014.

Outlaws and Motorcycle Gangs Called “OMGs”

In the past, motorcycle gangs were associated primarily with military veterans who shared an interest in partying and American motorcycles. But today high profile motorcycle gangs such at the Pagans and the Outlaws are still active recruiting military members, but instead of partying they’re being recruited as participants in criminal enterprises. The FBI refer to these types of motorcycle gangs as outlaw motorcycle gangs, or “OMGs.” Currently there are over 300 of these clubs active in the United States. Their size can be as small as a single chapter with six or less members to clubs with hundreds of chapters having thousands of worldwide members. The majority of criminal activity associated with OMGs are done by the Hells Angels Motorcycle Club, the Outlaws Motorcycle Club (i.e., “Outlaws”), and the Bandidos Motorcycle Club (i.e., “Bandidos”). Their activities involve drug trafficking, and especially cross-border smuggling of drugs.

The FBI also reveals that these OMGs collaborate with other crime syndicates in Asia, Eurasia, Italy, African, the Caribbean, and Russia. Because these are trans-natinoal associations, these motorcycle gangs function like major international drug-trafficking organizations (i.e., “DTOs”) and are capable of coordinating the smuggling operations for drugs across international borders. Due to these international partnerships, some of these gangs team up with organized crime groups in the United States to commit domestic street crimes such as debt collection, enforcement, money laundering, and extortion.

The FBI has designated four motorcycle gangs as OMGs; the Pagans, the Hells Angels, the Bandidos, and the Outlaws. These four gangs are known collectively as the “Big Four.” The FBI is persuing prosecution against these gangs under the statues of the federal RICO act. The Attorney General of California also lists the Vagos Motorcycle Clubs and the Mongols and the Vagos Motorcycle Clubs as OMGs and includes them as in their list of criminal organizations.

Response to Gangs by Federal and State Government

The new and increasing crime sources has required increased government responses by state and federal authorities that are over and above the traditional level of abilities of these law enforcement agencies. Although these traditional law enforcement agencies are still highly active in dealing with these new threats, they’ve added specialized organization developed to work with current federal and state organizations. These new organizations are not publicly known, but are critical in the successes of law enforcement that have made the headlines.

It’s been shown that domestic organized crime has an increased ability to function in concert worldwide with other highly diverse international criminal organizations in such an effective way, it threatens many ways in which Americans do business, work, and live.

The Department of Justice has created the Organized Crime and Gang Section (i.e., “OCGS”) at the federal level, which is made up of specialized prosecutors charged with implementing and developing and implementing the necessary strategies to try and dismantle and disrupt significant national, regional, and international organized crime gangs. Currently its main enforcement efforts are directed against the organized trans-national crime groups, who pose the most risks to Americans’ well-being of Americans, way of life, and economical stability.

The State Threat Assessment Center ( i.e., “STAC”) is California’s clearing house when it comes to gathering strategic intelligence in order to warn and give information to California’s policy makers and public safety personnel about the varous threats the state faces every day. In addition, they also perform analysis on various trans-national crimes which include human trafficking and narcotics trafficking, that criminal gangs are involved in.

The State Threat Assessment System (i.e., “STAS”) helps investigate, detect, prevent, and mount responses to terrorist and criminal activity, distributes intelligence and helps facilitate communications between local, federal, state, private sector partners, and tribal agencies, to order to help them take action relating to various threat and public safety issues.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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I got pulled over for a DUI and I wasn’t read my rights…. Can my case be dismissed?https://www.sevenslegal.com/dui/pulled-dui-wasnt-read-rights-case-dismissed/649/Sat, 26 Aug 2017 09:13:07 +0000https://www.sevenslegal.com/dui/pulled-dui-wasnt-read-rights-case-dismissed/649/

I got pulled over for a DUI and I wasn’t read my rights…. Can my case be dismissed?

I’ve met with numerous clients who have been pulled over for a DUI and when they come into my office they tell me the officer never read them their rights. Most times, the client asks if the case can now be dismissed due to the officer’s failure to properly advise them of their right to remain silent. If only it were that simple.

The right to remain silent in a criminal case, commonly referred to as one’s Miranda warning, stems from a 1966 United States Supreme Court case. The case is Miranda v. Arizona (1966) 384 U.S. 436 and it essentially states that an individual must be informed of his or her right against self-incrimination before being questioned by the police, as well as of his or her right to consult with an attorney before and during questioning by the police whenever the police are attempting a custodial interrogation. The officer is also supposed to inquire whether the individual understands these rights and ask whether the individual wants to waive his or her rights to answer the officer’s questions.

A custodial interrogation is more than just investigative questions that a police officer will ask to determine whether a crime has been committed.

In a typical DUI arrest, an officer will ask you several questions about where you were driving from, how much food you had to eat, how many drink you consumed, and whether you will take any roadside tests to determine your sobriety. All of the officer’s questions, specifically the questions about drinking alcohol, effectively are asked to have you incriminate yourself.

However, the reason the officer does not need to provide a Miranda warning is because you’re usually not under arrest or in custody at this point. Law enforcement gets away with obtaining damaging statements from you because they are simply investigating whether a crime has been committed.

So, it’s in your best interest to remain silent and not answer questions about your alcohol consumption even before an officer gives you a Miranda warning.

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Thinking of Posting on Social Media? Think Againhttps://www.sevenslegal.com/criminal-attorney/thinking-posting-social-media/647/Wed, 23 Aug 2017 23:57:38 +0000https://www.sevenslegal.com/criminal-attorney/thinking-posting-social-media/647/Thinking of Posting on Social Media? Think Again.

In the dawn of websites and social media applications such as Facebook, Instagram, YouTube, Vine, and Snapchat, it is clear social media platforms have changed the way we, as a society, communicate with one another on a daily basis.   Before posting that hilarious meme or sarcastic Facebook rant, you might want to read on to learn what NOT to post on social media.  

  1. “How-To” Videos Showing Criminal Activity.

In 2015, an 18 year old man from New Jersey posted a video to YouTube, which he titled, “Cameras Allowed: How To Actually Sneak into a Music Festival.” In the video, the New Jersey resident detailed how others could crash a music festival without paying for admission, just as he did. The man recorded himself appearing to enter Delaware’s Firefly Music Festival, an electronic music festival that takes place annually in Delaware and charges nearly $200 for admission to the event. Law enforcement thereafter watched the “How-To” video and issued a warrant for his arrest for criminal trespass and theft.   (Source: https://www.cbsnews.com/news/cops-teen-crashes-music-festival-posts-how-to-video-gets-arrested/)  

  1. Facebook Rants Calling for Violence.

While the First Amendment provides certain protection on free speech, this protection is by no means absolute. Before posting a meme or status on Twitter or Tumblr, it is important to understand the difference between a joke and a threat. Intimidation is a type of threat where the speaker directs a threat to another person (or persons) with the intent of placing that person in fear of bodily harm or death. (Source: Virginia v. Black Et Al. (2003) 538 U.S. 343.)   In 2015, an Atlanta woman was arrested shortly after posting a Facebook rant calling for “Death to all white cops nationwide.” The mother was charged with disseminating information related to terrorist acts. (Source: https://www.nydailynews.com/news/crime/ga-mom-arrested-threating-cops-facebook-post-police-article-1.2203436.)   Posting a status that you “could just kill Susan for eliminating Johnny on the Bachelor this week” would fall within protected speech because, given the context, a reasonable person would not believe you actually intended on killing Susan, let alone that you intended for Susan to interpret your status as a threat. However, a Twitter rant calling for others to “shoot at every white cop in the nation,” such as the woman’s post shown above, brings the status far beyond a joke and well into the unprotected threatening speech that could lead to serious federal and state criminal charges.

  1. Online Bullying and Threats to Expose Private Information.

In California, it is illegal to induce fear in another person by threatening to expose their secrets. Threatening to post intimate photographs and personal identifying information of another person unless that person pay a fee for removal could result in criminal charges, as was the case in the 2016 San Diego case, People v. Bollaert.   (Source: Cal. Penal Code §519(4)); People v. Bollaert (2016) 248 Cal. App. 4th 699, 203 Cal. Rptr. 3d 814, review denied.)  

  1. Inappropriate “You Just Got Hacked!” Statuses.

Under California law, it is illegal to willfully obtain the personal identifying information of another and use that information for any unlawful purpose. (Source: Cal. Penal Code §530.5.)   In 2011, a California judge sentenced a teen boy to serve 90 days to one year in custody at a juvenile detention facility after the teen logged onto a young woman’s Facebook account, added sexual comments to the woman’s profile, and left inappropriate comments to other individuals while using the woman’s account.

  1. Post-Burglary Selfies.

After a laptop, cash, watches, and other items were reported stolen from a local Chula Vista church in 2014, detectives recovered a cell phone while processing the crime scene. A search of the contents of the phone revealed a “selfie” photograph of a man, whom residents were immediately able to recognize as 26-year-old Adam Howe. The following day, detectives discovered the stolen items in Howe’s belongings and subsequently placed him under arrest.   (Source: https://www.cbsnews.com/news/selfie-photo-leads-to-calif-burglary-suspect/)

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Human Trafficking: The Modern Slave Tradehttps://www.sevenslegal.com/criminal-attorney/human-trafficking-modern-slave-trade/324/Thu, 17 Aug 2017 15:00:35 +0000https://www.sevenslegal.com/criminal-attorney/human-trafficking-modern-slave-trade/324/Most Americans would be shocked to learn slavery is alive and well and operating as the modern business of human trafficking. If thrives in California.Most people probably think the slave trade in the United States ended in 1807. That year the congress put legislation into place that prohibited new slaves to come into the country. When the Act Prohibiting Importation of Slaves was past, the practice of importing slaves into America should have become history. Most Americans today would be shocked to learn that slavery is alive and well and operating as the modern business of human trafficking. In California in particular, human trafficking is thriving.

California Has Major Human Trafficking Problem

California is one of the states that have the worst human trafficking problem. Out of the top 10 areas with the most activity in the United States San Diego, San Francisco, and Los Angeles are at the top of the list.

There are subtle signs of human trafficking everywhere, we just have to pay attention. Things such as police raiding a house where humans are stashed, or the local news reports about a young woman that was sold into prostitution. These are just some of the stories that have surfaced about the increasing industry of human trafficking.

The modern form of human trafficking slavery has occurred in the last five years. It has it’s roots in the long established drug smuggling trade and has widened it’s scope with the addition of social media. The trans-national and domestic drug gangs have diversified their business, adding the lucrative human trafficking to their other businesses of drugs and moving guns. Social media provides an easy way to recruit victims, especially when it comes to the sex working industry. Today dealers of human trafficking are sophisticated, organized, and adept in technology.

To the casual observer, it’s baffling to understand how an individual or groups of people can enslave others. These people use fraud, force, and coercion and prey on people’s desire to improve their lives. They use the promise as bait to ensnare them into a live of slavery. The areas victims of human trafficking are forced into include prostitution, involuntary labor, and various other forms of servitude to repay their debts. Many times victims are just children. Other victims are sometimes paid to illegally transport items into the U.S., then they find themselves enslaved in the hands of their traffickers.

Victims of human trafficking end up in an unfamiliar culture, a language they may not speak, no identification documents, and stripped of the freedom they thought they would have by coming to America, the land of promise. The promise and guarantee of the basic human rights that every U.S. citizen is guaranteed of. Instead, they fear for their lives and that of their families.

The size and extent of the human trafficking industry is staggering. It brings in a worldwide profit of approximately $32 a year, profoundly affecting the most vulnerable human beings in the world - mainly women and children.

Sex Slave Human Trafficking

 

In California the human trafficking in sex slaves is so extensive that there are not enough law enforcement to address the problem. Because of this, private and state organizations are involved. Human traffickers use force, coercion, and bring people across borders in order to get sex workers. Crimes like these are usually committed against children and women where they work in brothels called massage parlors, underground brothels, strip clubs, and online escort services, working the streets as prostitutes.

Another source of sex workers that frequently is used is a state’s foster care system. A study of Alameda County, California, found that 55% of victims, many girls, bought and sold for sex had spent time in foster care youth group homes. In New York 85% of trafficking victims were part of the child welfare system. The head of Florida’s state trafficking task force indicates approximately 70% of the victims were foster care youth.

As a human trafficking symposium California Attorney General Kamala Harris talked about how the state’s foster care system is broken, contributing to the problem, “Human trafficking is not a monolith. There are many components … all of the discrete parts contributing to our concern about human trafficking, our foster care system is a big one. … The foster care system in California is not working.” Harris mentioned during her address that 59% of children who are arrested for prostitution and related charges in L.A. County had spent time in foster care. This 2010 statistic created audible gasps from an audience made up of over 100 law students, victim’s advocates, and county officials.

Domestic Servitude as Involuntary Labor

A form of labor trafficking, is when people are coerced into working in underground markets and sweatshops for little to no wages. These people are almost invisible when it comes to the general public noticing or being aware of them. These people also work for legitimate business like restaurants, factories, hotels, construction sites, nail salons, landscaping, farming, and traveling sales crews. Domestic servitude can also take the form of women forced to live and work in their employers’ homes, who take their legal documents which help to prevent them from leaving. Domestic workers can be from anywhere, foreign nationals lawfully admitted to the U.S., undocumented immigrants, and they can even be legal U.S. citizens.

A recent case of domestic servitude involved a woman that came to work in the U.S. by a Saudi royal family member who was a princess. She was charged with human trafficking were forcing the woman to work at her Orange County condominium and was allegedly holding the woman against her will. The Saudi princes was later cleared of the charges and any wrongdoing.

Sheila Bapat, former employment attorney and author, reports the majority of the approximately 2 million domestic works are women of color. “There are migrant workers who arrive from other countries to work with employers under ostensibly reasonable conditions (steady pay, a place to live, reasonable hours) but ultimately end up working in slave-like conditions,” she says. She reveals that due to recent rulings by the Supreme Court the rights of domestic workers prevent them from forming unions the way other types of workers. This makes it more difficult to make sure the workplace is safe for these workers. Many of these workers aren’t even aware of what their rights are.

Social Media and Human Trafficking

A new trend human traffickers are adopting is technologies such as social media to recruit victims, help them evade the law, and assist promoting their crimes. Social media sites like Twitter, Facebook, Instagram, and other online apps people use worldwide for personal fulfillment, human traffickers use in order to prey for victims online, such as children and teens. They also assist them in locating new victims which help them enslave unsuspecting people.

The human trafficking business in sex has particularly moved online. With the Internet, Traffickers can increase their reach by posting advertisements on classified advertising websites to find clients, and by using social media to recruit victims. These traffickers are not only moving online to the Internet, they are only getting more sophisticated. Well funded criminal organizations have also diversified into human trafficking.

How California is Dealing with Human Trafficking

With the booming economy, liberal politics, and international population, California is a hot spot when it comes to human trafficking. Because of this, citizens of California got serious in 2014 and decided to do something about the problem. Proposition 35, known as the CASE Act, had been passed by voters in November, 2012, with over an 81% approval.

Under Prop 35’s statutes, human traffickers who are caught can serve 15 years to life in prison. Prop 35 also requires those convicted of sex trafficking to register as sex offenders, as well as having to disclose any Internet accounts they may have. It also requires those convicted of human trafficking to pay for services that will help the victims of this crime.

Prop 35 also provides victims of trafficking with the same protection level as rape victims currently have under the Rape Shield Law. Victims of this crime also will not be prosecuted if they were forced into engaging in commercial sex acts by their traffickers. This gives them the ability they need to face the people who exploited them in court, without fearing that they will also be prosecuted.

Prop 35 also enhances training for law enforcement officials which will assist them to conduct sensitive work better when dealing with human trafficking victims and the prosecution of these crimes.

SB955 is another legislative that permits the courts to authorize wiretaps on traffickers in order to prosecute or investigate them. SB1165 is another which permits public schools in California to offer prevention education to teach students how to avoid getting involved in sex trafficking.

Law enforcement and their partners also uses sophisticated responses to human traffickers to dismantle and disrupt their networks. Innovative investigation techniques augment more traditional tools of law enforcement to help combat these new challenges.

For example, the same technology used to acquire victims for human trafficking can also provide a digital trail by law enforcement to efficiently monitor to collect and analyze activity and data. While the Internet is a valuable tool to collect victims, it’s also a valuable investigative tool to catch perpetrators. There are currently several development efforts, as well as research, that are going on to decide the best way for law enforcement to use current and future technology to fight human trafficking.

Human trafficking suffered a major blow when MyRedBook.com was seized and shut down by the FBI. This website was an established online San Francisco escort directory that had been operating for years. The two people who had been suspected of operating the website were arrested and charged with various crimes including racketeering, money laundering, and other state and federal law violations.

When it comes to eliminatnig human trafficking, California looks like it’s headed in the right direction. Kamala Harris, California’s Attorney General, has had a very proactive approach for much of her political career when it comes to human trafficking. Governor Jerry Brown signed a seven bills late last year designed to improve prosecution of crimes where victims are forced to be prostitutes and forced into domestic servitude and sweatshop labor. There are also a number of private organization that are dedicated to getting rid of human trafficking and helping victims get back to a normal life.

While that has been much done, the fight for human rights isn’t over yet.

For questions and help related to human trafficking, you need the expert advice and experience of a criminal defense attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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18-Year Old Faces Felony Theft Chargeshttps://www.sevenslegal.com/blog/18year-faces-felony-theft-charges/639/Thu, 10 Aug 2017 15:00:07 +0000https://www.sevenslegal.com/blog/18year-faces-felony-theft-charges/639/A man charged with 68 felony counts of theft is due in court.

Felony Theft Charges Facing 18-Year Old

According to the City of Manhattan Beach Police, 18-year-old Kevin Lucas, was arrested and booked into theVista Detention Center in San Diego County this past June.

Lucas was accused of targeting the vehicles of people, primarily surfers, who leave cell phones and wallets in their cars. Lucas then allegedly, would steal the wallets and use the stolen credit cards in Target stores throughout the counties of San Diego, Los Angeles, Orange and Ventura. According to police, in the City of Manhattan Beach alone, approximately 35 vehicles were burglarized from January 2016 to May 2017. While not all were attributed to Lucas, many of them have been linked to him.

In July, Manhattan Beach Police detectives searched a residence in Inglewood, Calif., and found evidence that pointed to Lucas as one of the burglary suspects in that area.

San Diego County then issued an arrest warrant for Lucas based on his alleged connection to several burglaries in San Diego. He as taken into custody in June in Vista.

He has been charged with theft and fraud-related charges.

Being Accused of Theft

If you have been arrested and charged with a theft crime, you might be interested to know exactly what this charge means.

Definition of a Theft Crime

A theft crime is a criminal act and is defined as taking the personal property or money of another without their permission. A theft crime can either be charged as a misdemeanor or felony.

Examples of Theft Crimes

Some common theft crimes include:

  • Shoplifting
  • Carjacking
  • Burglary
  • Robbery
  • Armed Robbery
  • Armed Robbery with a weapon
  • Vehicular Theft
  • Embezzlement
  • Larceny
  • Money Laundering
  • Credit Card Fraud
  • Identity Theft

In California the Penal Code Sections 484 and 488 are two sections under which petty theft is handled and prosecuted, depending on the circumstances involved with the charges. Grand Theft versus Petty Theft

Misdemeanor Known as a “Petty” Theft Crime

A misdemeanor theft crime is also known as “petty theft.” A petty theft is when the property or money taken is $400 or less. The punishment for a petty theft crime can include jail time of as much as six months, community service, counseling, significant fines, restitution to the victim or repayment to law enforcement for the cost of the investigation, and/or probation.

The offense of petty theft may also be used to change any future petty theft crimes as a felony, which is called “petty theft with a prior.”

Felony Known as a “Grand” Theft Crime

A felony theft crime is also known as “grand theft.” A grand theft is when the property or money taken is over $400. Punishment for grand theft includes prison time, restitution to the victim and the law enforcement agency, reimbursement for supervision costs, counseling, high court fines, and/or probation or parole.

Theft is the unlawful taking of somebody else’s property without their permission. What defines the difference between grand theft and petty theft is the value, type of property stolen, and method used. California Penal Code Section 487 PC covers grand theft while California Penal Code Sections 484 and 488 both cover petty theft.

Penal Code Section 484 - Petty Theft Violation

Penal Code Section 484 covers general theft crime violations which has many different degrees of theft. Violating this code is a criminal offense which includes extensive fees, probation, and jail time. To prove this type of theft the prosecutor has to prove not only that the person stole another person’s property, but they also have to prove it was without consent of the owner. The prosecutor must also prove the intent of the defendant was to permanently deprive the owner of the stolen property.

Penal Code Section 488 - Petty Theft Misdemeanor

Under Penal Code 488 petty theft involves the theft of property with a value of less than $950 and is charged as either an infraction or misdemeanor. An example of petty theft of this type is shoplifting. Even though it’s a misdemeanor, it’s still on the accused’s permanent record. The punishment of this type of petty theft includes a fine of up to $1,000, time in county jail of up to six months, or both.

Penal Code Section 487 - Grand Theft

Penal Code 487 covers grand theft. It is also the intentional stealing of another person’s property, but the amount must exceed the state’s statutory amount, which in California is $400. Grand theft also includes taking property by force or fear from another person, such as robbery using a firearm or knife, which could also carry the charge of assault with a deadly weapon.

Whenever somebody is accused of a crime, whether it’s fraud or theft, they have to go through a legal process involving court. The process involves various outcomes which can result in a court trial to determine whether you are guilty or innocent. Before a trial occurs, if it occurs, certain steps must be gone through.

General Process for Theft

Following is a general process courts follow, although some courts may have different names for the steps. Unless your criminal attorney advises you otherwise, you should be present for all these steps.

1. Arraignment. An arraignment is when you formally appear before a judge and told the charges filed against you. During the arraignment you’re asked to enter your plea of guilty, not guilty, or no contest. You can change your plea later.

During the arraignment, the judge outlines any conditions you have to follow to avoid being taken into custody. In order to avoid being taken to jail, you may be required to post a bail or bond until your case is resolved. You have the option to object to any of the conditions the judge sets forth. Its best to have the assistance of a criminal attorney to guide you during this process.

This is where you’ll also get notices of future hearings, including dates for a pre-trial hearing and actual trial.

2. Pre-trial. Pre-trial hearings let the court monitor the case’s progress. During a pre-trial you and the court can resolve any issues that come up while your case is pending. Frequently at this step a case can be “continued” to permit both parties sufficient time to prepare their cases.

3. Motions. Depending on your case type and what determinations the court has already made, various legal motions are able to be brought before the court at this time.

4. Readiness. The “readiness hearing” is when both parties let the court know their “readiness” for trial. This step is scheduled anywhere from several days to several weeks before the beginning of trial. During this step your case can be either continued or resolved.

5. Trial. Although most cases are resolved beforehand, if your case goes to trial you can decide whether you want a trail by jury, where a jury decides your case, or a bench trial, where a judge will decide your case.

If you have been arrested and accused of theft, it’s imperative that you contact a criminal defense attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Man Evading Police Rescued from Burning Carhttps://www.sevenslegal.com/criminal-attorney/man-evading-police-rescued-burning-car/635/Thu, 03 Aug 2017 15:00:27 +0000https://www.sevenslegal.com/criminal-attorney/man-evading-police-rescued-burning-car/635/A man evading Chula Vista police was rescued from his car crashing and bursting into flames.A man attempting to evade Chula Vista police had to be rescued from his car after it crashed through a guardrail and over railroad tracks, plummeted down an embankment and burst into flames.

Police Rescue Man Evading Police From His Burning Car

Details of the chase were not immediately available, but video from the site showed the vehicle was fully engulfed in flames. The crashed Chrysler PT Cruiser was allegedly already damaged when the police pursuit began. “He was flying,” claimed witness Breanna Britt. Firefighters and paramedics were seen carrying one person away from the wreckage on a stretcher.

Handling Traffic Violations

Minor and serious traffic violations are a part of our driving society and happen every day. You should know how to protect yourself from them, as well as how to legally protect yourself if you are facing serious charges.

The term “traffic violation” covers a wide variety of incidents. The main purpose that traffic violations are so closely regulated is to prevent unsafe driving while also educating and teaching bad drivers. As has been shown by years of research and proven facts, most people tend to be compliant with these regulations because they believe there is a chance they could be caught. This compliance often decreases when people perceive they will be able to get away with breaking the law. Below we outline what some of these traffic violations are and what you need to do if you face charges.

Moving Violations And Non-Moving Violations

A moving violation ticket can be issued whenever a traffic law is violated by a vehicle in motion. Examples include: speeding, failure to yield, running a stop sign or red light, and drunk driving. Non-moving violation tickets can be issued for parking infringements or faulty equipment. Examples include: parking in a no parking zone, parking in front of a fire hydrant, broken tail-lights, and excessive muffler noise.

How Traffic Tickets Are Processed

Most jurisdictions view the majority of traffic tickets as minor offenses, often called “infractions,” that only require you to pay administrative processing fees. Thus, they are not considered to be criminal cases, and you will not be subject to incarceration or large fines. You also will not be required to go to jury trial.

Speeding Tickets

It should be noted that fines for speeding tickets, and unpaid speeding tickets can be very large and often times will require you to go before a jury trial. It’s important to know that the majority of traffic tickets are issued for what is termed a “strict-liability” offense, which means a person can be convicted regardless of if there is criminal intent or not. The only proof needed is that the person committed the act. Strict-liability offenses include:

  • Speeding
  • Not using turn signals
  • Failing to yield to other traffic
  • Turning into the wrong lane

Some traffic violations are considered more serious than small infractions and are considered serious traffic violations. These violations can be charged as misdemeanor crimes or felonies. Examples include the following.

Reckless Driving And Excessive Speeding

A person can be convicted of reckless driving if he or she drives with “willful or wanton” disregard for the safety of others [California Vehicle Code 23103]. Being charged with reckless driving is a criminal offense. If convicted of this, it will be included on a criminal record, your driver’s license may be suspended, and you could be sentenced to serve time in county jail. To be convicted, the prosecution will need to prove you were driving with willful or wanton disregard for the safety of others. While speed alone is typically not enough to establish willful or wanton disregard, speeding while weaving in and out of traffic, driving aggressively, driving on the wrong side of the road, or engaging in other highly dangerous acts, means you could be found guilty of reckless driving.

Driving Without insurance

If you have been caught driving without insurance, you could face some very heavy violation including suspension of your driver’s license and/or vehicle license. You can also receive a traffic ticket. Depending on the officer and the location you were pulled over, you might be able to have the ticket dismissed if you can prove you have insurancewithin a certain time period following the date of when you received the citation. This typically only applies if you actually have insurance, but for some reason do not have your insurance card with you. You might also face hefty fines for not having your insurance proof, or if you do not have insurance at all.

Driving Without a License

When it comes to driving without a license, there are two category you could fall into: correctable offenses and willful violations. A correctable offense could mean you simply forgot to take your driver’s license with you. This is typically treated with a “fix-it” ticket in which you must later show proof that you have a valid license. A willful violation carries much more serious consequences and occurs when a person is driving on a suspended or revoked license. Oftentimes licenses are suspended or revoked due to DUI and other moving violation offenses.

If you are found guilty of willfully driving with a suspended or revoked driver’s license you can be cited, arrested, and charged with a misdemeanor offense. In California, this violation can also result in: your car being impounded for 30 days and having to appear in court.

Being Charged with a Serious Traffic Violation

If you have been accused of a serious traffic violation, you should know you areentitled to all constitutional protections provided to criminal defendants, including the right to a court-appointed attorney and a jury trial. At the Law Offices of Sevens Legal Criminal Lawyers, we help Southern California drivers who face driver’s license suspension or problems renewing a license due to multiple traffic violations or especially serious offenses.

Avoiding Traffic Violations

Just because serious traffic violations happen often, that doesn’t mean they can’t be avoided or prevented. Below are some tips on how to be a good and cautious driver.

Tips for Safe Driving

Here are some precautions to take to ensure good driving habits:

  • Be cautious and alert.
  • Practice extra precaution when approaching streets or busy intersections.
  • Be extra aware of any pedestrians that might be entering the road or on the road (running or bicyclists).
  • If driving at night, make sure all of your headlights and tail-lights are working, and that you are clearly visible to other cars and other people you are sharing the road with.
  • Make sure your car is properly maintained. This includes frequent brake, light, and engine checks.
  • Pay special attention when entering or exiting parking lots. In most of these cases you will need to cross a sidewalk to enter. This might mean there are pedestrians crossing in the way of the car.
  • Follow posted speed limits.
  • Avoid distractions including texting, phone calls, or reaching for things in your car.

What To Do If You Are Pulled Over

If you are pulled over, there are some things you can do to help your position in challenging the ticket.

When you first see a police car following you with its emergency lights flashing and siren blaring, use your indicator and safely pull over to the right side of the road. Remember that the officer will be coming to the right side of the car, so ensure that he or she has enough room to stand by your car safely. This shows the officer you are compliant, but also stopping as soon as possible means you will have a good idea of where the infraction happened. This means you’ll be able to return to the same area later to record the details, including what the posted speed limits are, where the turn occurred, etc.

Next, roll your window down all the way. Turn off the engine, and place your hands on the steering wheel. If it’s night-time, turn on your interior light. An officer wants to feel as safe as possible walking up to your car. Show them you are respectful for this. Do not reach into your back pocket for your wallet, or into your glove compartment for your registration, until the officer asks you for them. There have been incidents where people posing as police officers have pulled over innocent people. If you fear this is the case, ask to see the officer’s photo identification along with his badge. You can also ask for the officer to call a supervisor to the scene or request that you be allowed to follow the officer to a police station. A police officer cannot search your vehicle unless you give them probable cause by either hiding or throwing something under the seat or out your window. Any movement you do while a police officer approaches the car could give them cause to want to search your car.

Additionally, if an officer has reasonable suspicion that you might be armed or dangerous, they are allowed to frisk you. Additionally, a police officer can seize any illegal objects, such as open beers or drug paraphernalia, in your car that are in “plain view.” If you or any or the car’s occupants are arrested for probable cause, the officer might also search the car. This can also be done if the car is towed.

A police officer is allowed to make an “inventory search” afterward, even if they had no initial reason to suspect there is anything illegal inside.

Working with a Criminal Defense Lawyer

At the Law Offices of Sevens Legal Criminal Lawyers, we represent drivers of all kinds in the traffic courts of Southern California. We also advise drivers with commercial licenses who need help with violations ranging from speeding to DUI.Our law firm offers free consultations and flexible payment plans for drivers whose traffic violation problems have gotten out of hand. To discuss how our Los Angeles traffic violation lawyers can help you manage your traffic fines and resolve license suspension problems. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Man Wounded in Assault Sent to Hospitalhttps://www.sevenslegal.com/criminal-attorney/man-wounded-assault-hospital/633/Thu, 27 Jul 2017 15:00:33 +0000https://www.sevenslegal.com/criminal-attorney/man-wounded-assault-hospital/633/A man wounded during assault in Oceanside was sent to the hospital in critical condition. It's still unclear what the assault was about and who it involved.A man wounded during an attack in Oceanside was sent to the hospital in critical condition. It’s still unclear what the assault was about and who it involved.

Wounded Man Sent to Hospital After Assault

Paramedics and police were called to the scene of the crime, a home on Winter Road in Oceanside. The resident who called did not witness the attack and could not confirm any details regarding what exactly occurred.

According to police Lt. Valencia Saadat, the 38-year-old victim and resident was taken to the hospital with multiple, life-threatening injuries. Detectives have not determined where the attack occurred. According to Saadat, the victim has lived at the home intermittently over the last three years but is not currently residing in the house.

Investigators have not identified a suspect.

Battery and Assault Charges

Should you find yourself in a similar position, with charges such as battery and assault, it’s advised that you work with a criminal defense lawyer.

Assault, Assault and Battery, or Aggravated Assault

The terms get thrown around a lot, but it’s important to understand the difference between assault, assault and battery, or aggravated assault. While they all involve one person doing intentional harm to another person, crimes involving physical attacks can be assaults or batteries or both. Depending on the seriousness of the attack, charges can be elevated to the most serious one of aggravated assault.

“Assault”

Assault is defined as the intentional act of causing another person to be afraid they are going to experience physical harm. While this is a broad definition, since actual physical harm doesn’t have to be involved, assault is the fact that a person fears imminent harm from another person. The broadness of this definition permits the police to intervene to prevent any actual harm to the person.

“Simple” and “Aggravated Assault”

Depending on the seriousness of the potential harm that may occur to a victim, many states make a distinction between “simple” and “aggravated assault.” Aggravated assault is a felony which may involve an assault with a weapon, or the intention to commit a serious crime. It can also be classified as aggravated assault if there is any legally regarded “special protection” relationship involved. If the assault is classified as simple assault its usually charged as a misdemeanor. In some states the seriousness of the assault may be classified as “first,” “second,” or “third” degree assaults, in which case a “first” degree assault is the most serious one.

Assault with a Deadly Weapon

An assault with a deadly weapon is when a person accompanies a physical attack with a physical object that capable of inflicting serious bodily injury or death. All states classify assault with a deadly weapon as a felony because the use of a dangerous object automatically creates a risk of serious consequences.

Deadly Weapon

The term “deadly weapon” typically refers to a wide range of objects capable of inflicting bodily harm. Examples include cars, golf clubs, knives, and guns. Other things such as pocketknives, stones, shoes, canes, and walking sticks can become “deadly weapons” depending on how a person wields them.

Penalties for Assault in California

A defendant convicted of simple assault faces the following possible penalties:

  • up to one year in jail
  • a fine up to $2000, and
  • probation up to one year
  • (Cal. Penal Code § 241, 241.5, 241.6).

“Assault and Battery”

Assault and battery were originally considered to be separate crimes. While assault is the fear of impending physical harm, battery is defined as the actual physical harm done to a victim. While “assault” can be considered the beginning, “battery” can be consider the ending. Most statutes now do not make a distinction between these two offenses.

Penalties for Battery in California

Basic penalties for simple battery that are charged as a misdemeanor include:

  • up to one year in county jail
  • fine up to $2000, and
  • probation up to one year.
  • (Cal. Penal Code §§ 243, 243.2, 243.25, 243.3, 243.35, 243.6, 243.65, 243.8).

Theft and Robbery

In addition to charges of assault and battery, Campos is also facing charges of robbery. Robbery falls under the umbrella of “theft.” Here are some other common types of theft offenses that a person can be charged with:

  • Petty Theft
  • Property valued at $950.00 or less
  • Not taken from the person of another
  • Grand Theft
  • Property valued at $950.00 or more
  • Taken from the person of another
  • Of an automobile or firearm
  • Burglary
  • Entering the property of another with the intent to commit a felony.
  • Robbery
  • Taking the personal property in the possession of another, from his or her possession with the use of force or fear.
  • Identity Theft
  • Taking personal information and using it for an unlawful purpose
  • Receiving or Possession of Stolen Property
  • Knowingly buying, receiving, selling or concealing property that has been stolen from another person

No matter the type of theft crime, the punishment is severe. Theft crimes can be classified as a misdemeanor or felony. Fines, jail and/or prison time are often standard punishment. Individuals may also be subject to civil liability if the alleged theft is from a retailer.

Defenses to Theft Crimes

If you are facing theft charges in California, there are a number of defenses that can be employed to your advantage. Most notably, we will work to demonstrate that you did not have the requisite intent to steal any property and you had a good faith belief that the property was yours to possess. Of course, all circumstances must be reviewed when faced with theft charges but we believe in you and your day in court.

Why Work with a Criminal Defense Lawyer?

When faced with serious penalties or spending time in jail or prison, you need to retain a criminal defense lawyer to represent you in court. If you are facing an assault or battery charge, or a theft charge, a criminal defense attorney will investigate your case’s specifics and determine if you were wrongfully charged. They also will be able to identify if there are any other existing reasons for why the case should be dismissed before it goes to trial. If the charges are not dismissed before trial, a criminal attorney may be able negotiate a plea bargain with the prosecutor on your behalf. If a plea bargain cannot be negotiated, a criminal defense attorney will prepare your defense and represent you at trial.

Your Criminal Defense Lawyer and Emotional Help

While a criminal defense lawyer isn’t a therapist, they may help you deal with the emotions that accompany criminal trials. They can help by explaining the realities of the legal system and discuss what you may be up against during trial. Since they are well versed in the system, your criminal defense lawyer can also go over court rules and regulations, and the best way to navigate through the system. Also critical in negotiating a reduced sentence are the “unwritten rules” which a criminal defense lawyer is also well versed in.

If you are faced with criminal charges and possible jail time, you need to consult a criminal defense lawyer as soon as possible. Contact Sevens Legal Criminal Lawyers today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Teen Victim of Judicial Systemhttps://www.sevenslegal.com/criminal-attorney/teen-victim-judicial-system/631/Thu, 20 Jul 2017 15:00:14 +0000https://www.sevenslegal.com/criminal-attorney/teen-victim-judicial-system/631/A New York City teen is stuck in limbo after a procedural issue has landed him behind bars.A New York City teen is stuck in limbo after a procedural issue has landed him behind bars.

New York City Teen Stuck in Judicial System

Pedro Hernandez, 18, of the Bronx, is a standout student with a full college scholarship. The only problem? He’s found himself in jail while an investigation is waged against the allegedly crooked officer who arrested him.

A procedural issue may dash the hopes of the teen. A year ago, surveillance video was revealed that showed Hernandez being badly beaten by a security officer at a juvenile detention facility to which Hernandez had been assigned. The officer was fired and charged with multiple felonies. But despite that, Hernandez is still being held at the facility on charges that have now been dropped.

It turns out those initial charges that landed Hernandez in the facility were filed by an officer who is now the subject of an internal investigation regarding violation of city law and NYPD procedure. According to a private investigator, that officer, David Terrell “has been suspended. His badge and gun have been confiscated and he’s being investigated for [criminal wrongdoing] on multiple cases.”

Terrell arrested Hernandez in a case of the shooting of another teen that left the victim injured.

Terrell had assembled evidence that raised widespread suspicion, particularly by the shooting victim, who alleged that Hernandez was not the shooter responsible. In addition to the victim’s testimony, eight other teens who witnessed the shooting have alleged that said that somebody other than Hernandez committed the crime. Those same witnesses have said that Terrell threatened them with physical violence if they did not tell investigators Hernandez was the shooter.

Hernandez Waits

Meanwhile, Hernandez waits in jail. He recently graduated from high school with distinction through a program on Rikers Island where he is being held. He also received an award for leading other students to fulfill their high school equivalency requirements and was awarded a full college scholarship.

Hernandez is not able to accept that admission or the scholarship if he’s behind bars. Though a recent court date was set, scheduling conflicts are now preventing Hernandez’s case from being heard until just after Labor Day.

As a result, Hernandez will lose his entry and scholarship to college, unless somebody comes forward to pay his $250,000 bail.

While Hernandez could have pleaded guilty in an arrangement the district attorney had set up, he insists on proving his innocence.

“Everybody needs to stand together and say that our kids don’t deserve a plea deal,” his mother, Jessica Perez, said. “They deserve a future.”

Criminal Defense Attorney’s Importance for Teenager

The best way defense against criminal charges is for you and/or your teenager to have a criminal defense attorney. A criminal defense attorney’s primary responsibility is to explains the often difficult to grasp legal procedures and effects associated with every legal action. They will also represent you and your teenager during a criminal trial as well as guide you through all the associated procedures. In cases involving teenagers, the best defense is a criminal defense attorney.

Lisa Green, also a journalist, television legal analyst, and attorney, having a criminal defense attorney handy just in case your teenager may need them is, “the unrecognized area that parents, particularly parents of teens, miss all the time. So many of our friends have armies of tutors, extracurricular activities, all sorts of angles covered … but when it comes to the law, there’s this black hole.”

Law Can Be Overwhelming for Parents of a Teenager

Although parents aren’t usually naive, they are always hopeful. A parent’s worse nightmare is when they discover their child has been involved in some type of legal trouble. Although it might be best to not think about this, Green thinks parents don’t consider keeping a criminal defense attorney on hand because they think their child will never get into any type of legal trouble.

Even if they’re afraid or intimidated by legal laws, parents should be prepared just in case.

According to Green, it doesn’t matter if a case is as serious as manslaughter or a small infraction such as vandalism, they still need to be prepared.

“I cannot count the number of kids I know, good kids, who find themselves in the wrong place at the wrong time,” Green said.

“I have now two young adults, and when they were going through their teenage years, it was a simple matter of a party that went wrong, a group of kids in the park when the police stop by and have some questions, bringing something to school they shouldn’t have.

“And in each of those cases, a little bit of knowledge of the law, a little bit of knowledge of what their rights are, the right way to behave, would have saved parents a heck of a lot of grief.”

A Criminal Defense Attorney is Like a Tutor

Green feels that instead of being intimidated at finding a criminal defense attorney parents need to think about possible issues, the same way they’d look for a good orthopedist if their teenager “breaks a bone, or the best tutor if their child is struggling before the SAT.”

“I am not saying that parents need to go out and get their own law degrees … but just dipping your finger into the topic will help you understand what’s available to you to help you parent better,” Green says.

The rising popularity of social media is a large role in the lives of teenagers. Many times teenagers can create a totally different persona from the one’s their parents think they know. Facebook, Twitter, and Instagram, are just some of the social media outlets a teenager’s parents have little if any control over.

In addition, Green provides other examples from real life. For example, a school administrator requests a teenager turn over their cell phone due to allegations they sent inappropriate text messages. Does the teenager have any legal protections?

Green says that parents should know that a school is not permitted to open a teenager’s cell phone without any reason.

“They need to have reasonable suspicion that something’s wrong,” Green said. She advises parents to talk to their teenagers about what the appropriate behavior and action are, and what’s not appropriate if it comes down to dealing with a request such as this. Basically, parents must act as their child’s advocate when dealing with legal issues. As an example, a teenager should handle a request such as this as follows:

“If you’re asked, as a child, for a locker search, to open a phone, to open a laptop, if it’s your property, pause and ask if you could call Mom and Dad,” Green said.

“We can act whether we’re lawyers or not as that first line of defense.”

Teenager Heading for College

Green suggests that parents whose teenagers are heading off to college to take some time and read through the school’s code of conduct, whether it’s online or in the “new student packet” most colleges send to their incoming students.

“They don’t tell you about it during that fantastic tour with the kid walking backwards as your child is looking around to say, ‘Who can I party with?’ But it’s a really important set of information because different schools have different levels of tolerance for various campus activities,” Green said. These rules and activities range from the number of people permitted in a dorm room at any given time, to drinking on campus, or when it’s permitted to pledge a frat or sorority.

Parents also need to be aware that they may face charges for any crimes their teenagers commit. This includes fines as well as jail time.

There are also laws about “social host” that parents need to know. Parents can held criminally responsible, including facing civil damages, if their teenagers drink alcohol in their home then leave and commit a crime, including if anything tragic occurs such as underage DUI.

The Laws of Social Host

Mothers Against Drunk Driving indicate that currently there are social host laws on the books in more than 150 cities and counties in the U.S. as well as in 24 states. Some of these states and cities even indicate that parents can be liable even if they don’t know underage drinking was taking place in their home.

“It doesn’t have to be you with the shaker, like an episode of ‘Mad Men,’ serving up Manhattans to a group of grateful teens,” Green said. “If you’ve made [alcohol consumption] possible in your home, if you don’t lock your liquor cabinet - I never did - and all of a sudden kids are drinking, that could be a problem as well.”

Teenagers Still Require Punishment

Although Green isn’t advocating these laws aren’t correct, she simply thinks it’s prudent for parents to be educated when it comes to the law and it’s repercussions. She stresses that bad teenage behavior should either legally be punished or punished at home.

“I am not advocating that kids should be absolved of responsibility. If a kid does something wrong, if they broke the law, they ought to be punished appropriately by it. But we also live in a society where we have legal rights, and I want parents to know that they should be aware of what those are so they can help their child use better judgment.”

How to Find a Good Criminal Defense Attorney

So what is the best way to locate a good criminal defense attorney that can help defend your teenager if they happen to break a law?

Green suggests that parents ask their friends and colleagues to get referrals. You can also contact and consult your local state bar association. You should locate a criminal defense attorney in your state that has experience handling criminal defense issues.

Once you have a list of names, call and request to interview them. Make sure you ask any and all questions to help make a decision on which one would be best. Some questions include how much their services cost (which can vary), who handles the work, and what’s their philosophy when it comes to teenagers’ rights and the law.

“You may or may not end up being friends afterwards, but that’s not as important as feeling secure that your attorney is approaching the situation in a way that feels right for you.”

If you’re in the market for a criminal defense attorney for your teenager, feel free to contact Sevens Legal Criminal Lawyers, to answers all your questions. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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California's Domestic Violencehttps://www.sevenslegal.com/criminal-attorney/californias-domestic-violence/295/Thu, 13 Jul 2017 15:00:42 +0000https://www.sevenslegal.com/criminal-attorney/californias-domestic-violence/295/Domestic violence maintains a high place on the hot topics list in national conversations. Players in professional sports add to the multiple stories.Domestic violence maintains a high place on the hot topics list in national conversations. Players in professional sports add to the multiple stories every day in the news for the public to scrutinize. Ordinary citizens are also in the news, committing acts of domestic violence against their partners. While some victims go unnoticed, others pay the ultimate price by losing their lives when domestic violence goes unchecked. Public officials, responsible for the enforcement of domestic violence laws, frequently go about business as usual, overwhelmed by the daily exposure to the domestic violence resulting from the fundamental lack of respect people have to the ones who are closest to them.

Murder - Domestic Violence’s Ultimate Price

The denial of a community about the seriousness or domestic violence and the potential for death vanishes when a husband murders his wife. Battered women look upon this and realize if they don’t do anything they could be the next victim. Often they think of calling law enforcement to try and get restraining orders against their husbands or lovers.

The family of the victims are rocked by their love one’s loss. They seek justice from the law and support from the community, but not always successfully. Women activists seek publicity to encourage law enforcement for help during this time when they are most vulnerable to the opportunities for change that must be made in order to protect women from the deadly violence of domestic abuse.

Prosecutors and police usually focus on the homicide investigation rather than pattern of domestic violence that has been demonstrated usually lead up to the murder. Domestic violence always has a pattern, and is repeated and escalates. Although the events are reported to the police, they frequently fail to provide the protections to the victim that the law attempts to provide.

In spring of 2013, a Shingletown, California, resident call 911 for help.

On the other end of the line, the dispatcher heard breathing and crying, loud bangs, and then the line went dead. The police arrived to find Sandy Miller, daughter Shelby, 8, and daughter Shasta, 5, dead from multiple gunshots. Key suspect in the triple murder was Sandy’s husband, Shane Franklyn Miller, 45. The U.S. Marshals’ Service quickly added him to their 15 most wanted fugitives list.

Reports indicated Miller had previously threatened to kill Sandy and his daughters. On the day she intended to inform him that she wanted to have a place of her own for her and her daughters to get away from the domestic violence, he killed her and their daughters.

Two weeks prior to their murder, Sandy Miller had tried to escape her husband’s violence by going to the Shasta Women’s Refuge, according to officials at the refuge. During a previous domestic violence dispute she had left Shingletown, going to Humboldt County. According to the Marshals’ Service, her husband followed her to a motel and returned her to Shingletown.

“Sandy Miller told a Shasta County District Attorney investigator that Shane Miller was abusive. Shane Miller had discovered her whereabouts when she had previously left him and forced her to return,” the investigator in the case stated in an affidavit. “He also threatened to kill her and their daughters if she left him again. On the morning of the murders, Sandy Miller told her mother that she planned on telling Shane Miller later that day that she was leaving him.”

Federal officials stated that Shane Miller also threatened to kill his sister-in-law, her children, and his mother-in-law.

Multiple agencies were aware of the warning signs, but they were all unheeded by those in authority who could have done something to prevent the murders.

Common Cliches About Domestic Violence

Despite the usual images of domestic violence society has, anybody can be a domestic violence victim. It doesn’t matter what sex, age, culture, race, education, religion, employment, or marital status they have. While women are the usual victims, men can fall prey to domestic violence as well. Women may be suspicious of strangers, but it’s usually those closest to them, such as a lover, husband, boyfriend, or other family member, who is the mostly likely person to victimize them.

It is estimated that one out of every four women will experience some form of domestic violence during her lifetime. In the United States the leading cause of injury to women between 15 and 44 is domestic violence. This is more than muggings, rapes, and car accidents combine. It is estimated that every 15 seconds in the United States a woman becomes a victim of domestic violence at the hands or her husband or partner. Approximately three to four million women in the U.S. are beaten by husbands or ex-husbands or male lovers each year in their homes.

A critical change happens when women try to leave their relationships because of some level of abuse. Frequently upon leaving the relationships they end up living in poverty. It’s a difficult choice but better than living with domestic violence. In spite of the dangers of domestic violence, there are a number of cultural and social factors that try to encourage women to stay in abusive relationship to try and make things work. It’s difficult when the violence is a long-standing pattern for both the woman and her partner.

Men who abuse their wives or girl friends frequently says it’s because their wives or girl friends are terribly inadequate. “She’s too lazy and doesn’t do what I tell her!” It is evident these abusive men are dependent on their partners. Some factors that leads such men to violence includes emotional withdrawal, fear of rejection, and/or abandonment. Similar to women who are incapable of leaving abusive relationships, men who batter their wives and children also tend to be psychologically incapable of leaving such a relationship.

While women are usually thought of as being victims of domestic violence, men are often victims more than most people realize. While men tend to be physically stronger, it doesn’t mean they can always escape domestic violence in the relationships they have. Unlike women, a man who is abused doesn’t have the resources women do, must face skepticism by police, and encounter major legal obstacles, especially involving trying to gain custody of their children having an abusive mother.

Male victims of domestic violence has to deal with issues their female victims don’t have to. Both genders are hesitant to report domestic abuse because of embarrassment, or the fear of making the situation worse. In addition to embarrassment, male victims have to deal with identity issues of being a man. This is due to the fact they they’re afraid their family and friends will consider them weak if they find out they’re “let” their female partner abuse them. According to a report from the ManKind Initiative, which campaigns for male victims of abuse, statistics show that 38% of domestic abuse victims are actually male.

Domestic Violence Laws in California

California’s Domestic Violence Laws have been, originated in 2000, have been referred to as a patchwork of statues trying to help victims of domestic violence. However, these laws don’t address some of the biggest obstacles faced by victims, even though they make an honest attempt to prevent domestic violence in family and intimate relationship situations.

The state identifies the beginning of domestic violence as the time an individual commits a criminal act according to the relationship type specified in the California Penal Code. These relationships are classified as a spouse or ex-spouse; current or former cohabitant in the home; a parent the individual has had a child with; or a partner in a dating relationship. For most situations of domestic violence, these are adequate classifications.

The California Penal Code Section 273.5 criminalizes domestic violence. According to the code it’s a crime if the conduct of an individual willful leads to a “corporal injury resulting in a traumatic condition” suffered by another person the individual has a familial or intimate relationship with specified in California’s domestic violence laws.

Since the Penal Code criminalizes battery in familial or intimate relationships, prosecutors can decide to charge defendants with battery under Penal Code Section 243(d) if the defendant “inflicted serious bodily injury” on the victim. Under this section, battery is a greater degree of harm the victim suffered due to domestic violence.

Domestic violence and child abuse frequently go hand-in-hand. To address this, prosecutors may also charge a defendant of domestic violence under various other applicable sections of the Penal Code. Based on the crime’s severity and harm to the victim, as well as other circumstances in the case, a prosecutor decides what criminal charges to pursue.

California Penal Code Section 836 has mandates for arrest for when defendant violate restraining orders. This section recognizes the potential consequences dealing with violations of restraining orders as well as the casual treatment police often give these violations. Now California police are required to arrest offenders who violate restraining orders in domestic violence cases. Unfortunately there is no requirement in the legislation for a district attorney to then prosecute these cases of restraining order violations the police sends to them.

The Role Prosecutors Play in Cases of Domestic Violence

Over the years legislators have been given opportunities to address certain aspects, they still have not address crimes such as domestic violence, rape, and child abuse. The district attorney has absolute power to refuse to file charges even if there is solid the evidence for the charge. When this occurs, the victims have no legal remedy. This unrestricted prosecutorial discretion was shown in Sonoma County which has the lowest conviction rate in the state, and cases for violence against women and children tend to be systematically undercharged.

Even though California does a fair job overall when it comes to enforcing domestic violence cases, there is considerable work still to be done in order to make the laws for domestic violence effective when in order to protect victims and their children.

If you are a victim of domestic violence you need the expert advice and support of a domestic violence attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

]]>
You Need a Criminal Defense Attorney if You Have a Teenagerhttps://www.sevenslegal.com/criminal-attorney/criminal-defense-attorney-teenager/298/Thu, 06 Jul 2017 15:00:52 +0000https://www.sevenslegal.com/criminal-attorney/criminal-defense-attorney-teenager/298/Needing a criminal defense attorney for your teen may sound crazy, but in a media-savvy world it can be a necessity.Needing a criminal defense attorney for your teen may sound crazy, but in a media-savvy world it can be a necessity.

Raising a Teenager in 2015

In this new media-saturated world of Twitter, Instagram, and Tinder, sometimes your once loving child may seem like a monster that refuses to pay attention to anything you say to them. No matter how you try to be a part of their lives, changes are good that there are some things in their lives you’ll never know about.

Teenager Michelle Carter

It was shocking when the news reported that 18-year old Michelle Carter had been charged with manslaughter after she allegedly sent text messages to her close friend Conrad Roy, also 18, encouraging him to commit suicide. Sadly, he did. How could somebody who considered themselves a close friend do something like this? Roy had even express second thoughts abut doing it, but did it anyway. What legal ramifications are there to sending text messages such as this? Or for posting anything online?

How could a teenage go from living their normal life to one where they face severe consequences that will change their lives?

The change can happen as quickly as the time it would take to send a text message. Because of this, Lisa Green, who is the author of “On Your Case: A Compassionate (and Only Slightly Bossy) Legal Guide for Every Stage of a Woman’s Life,” thinks every parent who has a teenager, should think about getting a criminal defense attorney, in case anything happens that you need one.

Criminal Defense Attorney’s Importance for Teenager

The best way defense against criminal charges is for you and/or your teenager to have a criminal defense attorney. A criminal defense attorney’s primary responsibility is to explains the often difficult to grasp legal procedures and effects associated with every legal action. They will also represent you and your teenager during a criminal trial as well as guide you through all the associated procedures. In cases involving teenagers, the best defense is a criminal defense attorney.

Lisa Green, also a journalist, television legal analyst, and attorney, having a criminal defense attorney handy just in case your teenager may need them is, “the unrecognized area that parents, particularly parents of teens, miss all the time. So many of our friends have armies of tutors, extracurricular activities, all sorts of angles covered … but when it comes to the law, there’s this black hole.”

Law Can Be Overwhelming for Parents of a Teenager

Although parents aren’t usually naive, they are always hopeful. A parent’s worse nightmare is when they discover their child has been involved in some type of legal trouble. Although it might be best to not think about this, Green thinks parents don’t consider keeping a criminal defense attorney on hand because they think their child will never get into any type of legal trouble.

Even if they’re afraid or intimidated by legal laws, parents should be prepared just in case.

According to Green, it doesn’t matter if a case is as serious as manslaughter or a small infraction such as vandalism, they still need to be prepared.

“I cannot count the number of kids I know, good kids, who find themselves in the wrong place at the wrong time,” Green said.

“I have now two young adults, and when they were going through their teenage years, it was a simple matter of a party that went wrong, a group of kids in the park when the police stop by and have some questions, bringing something to school they shouldn’t have.

“And in each of those cases, a little bit of knowledge of the law, a little bit of knowledge of what their rights are, the right way to behave, would have saved parents a heck of a lot of grief.”

A Criminal Defense Attorney is Like a Tutor

Green feels that instead of being intimidated at finding a criminal defense attorney parents need to think about possible issues, the same way they’d look for a good orthopedist if their teenager “breaks a bone, or the best tutor if their child is struggling before the SAT.”

“I am not saying that parents need to go out and get their own law degrees … but just dipping your finger into the topic will help you understand what’s available to you to help you parent better,” Green says.

The rising popularity of social media is a large role in the lives of teenagers. Many times teenagers can create a totally different persona from the one’s their parents think they know. Facebook, Twitter, and Instagram, are just some of the social media outlets a teenager’s parents have little if any control over.

In addition, Green provides other examples from real life. For example, a school administrator requests a teenager turn over their cell phone due to allegations they sent inappropriate text messages. Does the teenager have any legal protections?

Green says that parents should know that a school is not permitted to open a teenager’s cell phone without any reason.

“They need to have reasonable suspicion that something’s wrong,” Green said. She advises parents to talk to their teenagers about what the appropriate behavior and action are, and what’s not appropriate if it comes down to dealing with a request such as this. Basically, parents must act as their child’s advocate when dealing with legal issues. As an example, a teenager should handle a request such as this as follows:

“If you’re asked, as a child, for a locker search, to open a phone, to open a laptop, if it’s your property, pause and ask if you could call Mom and Dad,” Green said.

“We can act whether we’re lawyers or not as that first line of defense.”

Teenager Heading for College

Green suggests that parents whose teenagers are heading off to college to take some time and read through the school’s code of conduct, whether it’s online or in the “new student packet” most colleges send to their incoming students.

“They don’t tell you about it during that fantastic tour with the kid walking backwards as your child is looking around to say, ‘Who can I party with?’ But it’s a really important set of information because different schools have different levels of tolerance for various campus activities,” Green said. These rules and activities range from the number of people permitted in a dorm room at any given time, to drinking on campus, or when it’s permitted to pledge a frat or sorority.

Parents also need to be aware that they may face charges for any crimes their teenagers commit. This includes fines as well as jail time.

There are also laws about “social host” that parents need to know. Parents can held criminally responsible, including facing civil damages, if their teenagers drink alcohol in their home then leave and commit a crime, including if anything tragic occurs such as underage DUI.

The Laws of Social Host

Mothers Against Drunk Driving indicate that currently there are social host laws on the books in more than 150 cities and counties in the U.S. as well as in 24 states. Some of these states and cities even indicate that parents can be liable even if they don’t know underage drinking was taking place in their home.

“It doesn’t have to be you with the shaker, like an episode of ‘Mad Men,’ serving up Manhattans to a group of grateful teens,” Green said. “If you’ve made [alcohol consumption] possible in your home, if you don’t lock your liquor cabinet - I never did - and all of a sudden kids are drinking, that could be a problem as well.”

Teenagers Still Require Punishment

Although Green isn’t advocating these laws aren’t correct, she simply thinks it’s prudent for parents to be educated when it comes to the law and it’s repercussions. She stresses that bad teenage behavior should either legally be punished or punished at home.

“I am not advocating that kids should be absolved of responsibility. If a kid does something wrong, if they broke the law, they ought to be punished appropriately by it. But we also live in a society where we have legal rights, and I want parents to know that they should be aware of what those are so they can help their child use better judgment.”

How to Find a Good Criminal Defense Attorney

So what is the best way to locate a good criminal defense attorney that can help defend your teenager if they happen to break a law?

Green suggests that parents ask their friends and colleagues to get referrals. You can also contact and consult your local state bar association. You should locate a criminal defense attorney in your state that has experience handling criminal defense issues.

Once you have a list of names, call and request to interview them. Make sure you ask any and all questions to help make a decision on which one would be best. Some questions include how much their services cost (which can vary), who handles the work, and what’s their philosophy when it comes to teenagers’ rights and the law.

“You may or may not end up being friends afterwards, but that’s not as important as feeling secure that your attorney is approaching the situation in a way that feels right for you.”

If you’re in the market for a criminal defense attorney for your teenager, feel free to contact Sevens Legal Criminal Lawyers, to answers all your questions. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

]]>
Cosby Case Ends in Mistrialhttps://www.sevenslegal.com/criminal-attorney/cosby-case-ends-mistrial/627/Thu, 22 Jun 2017 15:00:34 +0000https://www.sevenslegal.com/criminal-attorney/cosby-case-ends-mistrial/627/The sexual assault case against comedian Bill Cosby ended in a mistrial. Jurors were unable to come to a unanimous decision.The sexual assault case against comedian Bill Cosby ended in a mistrial. Jurors were unable to come to a unanimous decision regarding the three counts Cosby was facing.

Case Against Cosby Ends With Mistrial

After deliberating for multiple days and returning numerous times to the judge with questions, the Montgomery County, Pennsylvania, jury declared it was deadlocked when it came to three counts.

Cosby’s trial centered on charges that the comedian, 79, had drugged and sexually assaulted Andrea Constand.

Of the 12 jurors, 10 agreed Cosby had digitally penetrated Andrea Constand without her consent. On the second count, that Constand was unconscious or unaware during the alleged incident that took place, jurors agreed 11-1 to acquit Cosby. For the third count facing Cosby, that the incident happened after Cosby gave drugs to without her knowledge or consent, the jury was deadlocked at 10-2, in favor of a guilty verdict.

The District Attorney plans to retry the case against Cosby.

Bill Cosby‘s sexual assault trail began on June 5, 2017. Previous allegations have not been able to be prosecuted due to the statute of limitations. The case that just kicked off centers on an event that took place in 2004. The woman in the case alleges Cosby sexually assaulted her after giving her pills and wine. Cosby alleges the pills were meant to help her with stress and what occurred between the two of them was consensual. The case was actually settled in 2004 in a civil suit. But during that suit, Cosby testified that he often gave women drugs so that he could sleep with them. The testimony was leaked in 2015 and as a result numerous women came forward saying the same thing had happened to them. Philly police reopened the 2004 and pressed criminal charges.

Over the years, dating since the ’70’s and ’80’s numerous women have come forward with sexual assault allegations. Then in 2014, comedian Hannibal Buress called out the allegations against Cosby during a stand-up routine. The stand-up routine went viral. And so did the allegations. Because most of the events took place in the ’70’s and ’80’s they could not be prosecuted. If Cosby is convicted in this sexual assault case, he faces prison for the rest of his life.

What is “Sexual Assault”

Sexual assault is defined as any type of sexual contact or behavior that occurs without the explicit consent of a recipient. Included under the term sexual assault are the following: forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape.

Addressing Sexual Assault Accusations

Sexual assault crimes are taken very seriously by the law. If you have been falsely accused you might assume that the charges will just be dropped because of how ludicrous they are to you. These types of allegations do not just “go away,” and you will need to be prepared if you are falsely accused.

Here are some things you can do:

1. Do not speak with police or investigators until you have contacted a criminal defense attorney. They might try different tactics to get you to admit to a crime you did not commit. Remember that they are always trying to build a case. Simply state that you will not speak with them unless there is an attorney present.

2. Get in touch with a qualified and experienced criminal defense attorney. You’ll want to do this as soon as possible, even if you just expect the charges to be dismissed. Prepare for what the allegations might bring. You will be asked to defend yourself, so you’ll need to be prepared. This means contacting witnesses that can testify or provide an alibi for you. You might also need to take psychological tests, or be asked to provide other evidence. Write down as many details as possible about what you remember.

3. Study. A criminal defense attorney will be able to guide you through fighting the allegations, but it’s in your best interest to understand the legal process and know your rights.

You will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal Criminal Lawyers.

If You Get Arrested for a Sex Crime

In 1966, the U.S. Supreme Court ruled in Miranda v. Arizona, that individuals arrested because they are believed to have committed a crime are allowed certain rights that must be explained to them. This must happen before any interrogation. It’s important to note that these rights only need to be read when a person has been taken into custody. “Miranda Rights” are meant to protect a suspect from self-incrimination and is protected under the Fifth Amendment of the U.S. Constitution. Those “Miranda Rights” are as follows:

  • You have the right to remain silent and refuse to answer questions.
  • Anything you say may be used against you in a court of law.
  • You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
  • If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
  • If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

Why Work with a Criminal Defense Lawyer?

When faced with serious penalties or spending time in jail or prison, you need to retain a criminal defense lawyer to represent you in court. If you are facing an assault or battery charge, or a theft charge, a criminal defense attorney will investigate your case’s specifics and determine if you were wrongfully charged. They also will be able to identify if there are any other existing reasons for why the case should be dismissed before it goes to trial. If the charges are not dismissed before trial, a criminal attorney may be able negotiate a plea bargain with the prosecutor on your behalf. If a plea bargain cannot be negotiated, a criminal defense attorney will prepare your defense and represent you at trial.

After you have discussed the specifics of your case, your Sevens Legal Criminal Lawyers, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal Criminal Lawyers, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests. Sevens Legal Criminal Lawyers, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal Criminal Lawyers, criminal defense lawyers, call (619) 494-3440. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

]]>
The Bill Cosby Rape Allegationshttps://www.sevenslegal.com/criminal-attorney/bill-cosby-rape-allegations/383/Thu, 15 Jun 2017 15:00:39 +0000https://www.sevenslegal.com/criminal-attorney/bill-cosby-rape-allegations/383/It seems clear the career of Bill Cosby is over. However, what isn't clear is whether he'll face any charges for the rape allegations against him.It seems pretty clear the career of Bill Cosby is over, with the cancellation of numerous live performances in various venues, plus the fact NBC pulled the plug on a possible series starring him. However, what isn’t clear is whether he’ll face any charges for the rape allegations against him.  

Will Bill Cosby Face the Allegation Charges for Rape?

In November, 2014, Martin Singer, Bill Cosby’s attorney, called the rape allegation claims made by the accusers against his client “past the point of absurdity.”

“These brand new claims about alleged decades-old events are becoming increasingly ridiculous, and it is completely illogical that so many people would have said nothing, done nothing, and made no reports to law enforcement or asserted civil claims if they thought they had been assaulted over a span of so many years,” said Singer. “Lawsuits are filed against people in the public eye every day. There has never been a shortage of lawyers willing to represent people with claims against rich, powerful men, so it makes no sense that not one of these new women who just came forward for the first time now ever asserted a legal claim back at the time they allege they had been sexually assaulted.”

Singer further stated, “This situation is an unprecedented example of the media’s breakneck rush to run stories without any corroboration or adherence to traditional journalistic standards. Over and over again, we have refuted these new unsubstantiated stories with documentary evidence, only to have a new uncorroborated story crop up out of the woodwork. When will it end?”

Among the numerous women who have come forward with sexual assault allegations are model Janice Dickinson, Carla Ferrigno, manager and wife of actor Lou Ferrigno, the star of the TV show “Incredible Hulk,” actress Louisa Moritz of “Love, American Style,” and Theresa Serignese, a nurse.

So far, 36 women have come out publicly accusing Bill Cosby of inappropriate sexual behavior and rape allegations.

While at first the allegations seemed difficult to believe, especially since numerous friends and previous co-stars rushed to his defense to discredit these charges, now these allegations seem difficult to deny.

Court Documents of Previous Rape Allegations Unsealed

A judge unsealed court documents recently relating to a 2005 civil lawsuit Andrea Constand filed, which revealed Bill Cosby admitting to procuring Quaaludes which he intended to use to drug women so he could use them for sex.

In a sworn deposition, Bill Cosby answered questions Andrea Constand’s attorney Dolores Troiani asked.

“When you got the Quaaludes, was it in your mind that you were going to use these Quaaludes for young women that you wanted to have sex with?” asked Troiani.

“Yes,” replied Cosby.

“Did you ever give any of those young women the Quaaludes without their knowledge?” asked Troiani.

At this point, Bill Cosby’s attorney objected, instructing him to not answer the question.

Even though Bill Cosby has admitted to getting several Quaaludes prescriptions in order to use them on young women he intended to have sex with, he has not admitted that he actually used the Quaaludes to drug any of the 36 women who have come forward with the rape allegations.

Although Cosby admits he gave “other people” drugs, when Troiani started asking about whether he had given these “other people” Quaaludes with the knowledge they were illegal, his attorney interjected yet again, saying his client had acknowledge only of giving them to a woman whose name was redacted.

Later Bill Cosby testified he “misunderstood. Woman, meaning (the woman whose name is redacted), not women.”

In spite of this, why has Cosby never been charged criminally?

Apparently there is no legal remedy for the comedian’s accusers because the statute of limitations for his actions have past in just about all the states the accusations have been raised in.

Statute of Limitations for Rape and Tolling Provisions

A Statute of Limitation is defined as a law forbidding prosecutors from charging somebody with a crime that has been committed over a specified amount of years in order to ensure convictions happen only using physical or eyewitness evidence that has not deteriorated over a specified time.

However, where sexual abuse cases are concerned there are a number of provisions called “tolling provisions.” Tolling provisions are suspensions of certain aspects of a statute. Some states have a tolling provision called “delayed discovery.”

Delayed discovery refers to a victim’s repressed memory about an event, such as the psychological effect that occurs with sexual abuse. The statute is said to be “un-suspended” when a victim then consciously remembers that an event of sexual abuse has occurred.

While tolling provisions are helpful, they can also be incredibly strict. If a victim has indicated they were aware something wrong happened when the crime was committed, or shortly after, this tolling provision exception cannot then be used in order to suspend or delay the statute.

Because of this, it can only be used if it can be applied to people with completely repressed memories.

For victims that don’t realize they’ve been abused, they normally have approximately three years in order to file a claim of sexual assault. The time they have to file depends on the laws of the state in which the complaint is filed.

Due to the fact that Bill Cosby’s accusers realized shortly after the alleged act had happened that they had been raped, this tolling provision does not apply to any of them.

Statute of Limitations in New York

New York in 2006 abolished their existing statue of limitations regarding sex crimes occurring in the state. However, since the rape allegations crimes occurred when the old statute of limitations existed, Bill Cosby’s accusers have been unable to file their claims against him.

As time goes on more states in the U.S. are getting rid of statues of limitations regarding sex crimes, due to the fact that these statutes have clearly been unjust. These laws are just not realistic where it involves the terms relating to crimes being committed.

Sexual abuse victims are often traumatized, ashamed, and scared to come forward years and sometimes decades after the crime was committed. When faced with the possibility of coming face-to-face in court with their abuser, many times victims prefer to remain quiet.

Their reaction is complicated by the following statistics:

  • Approximately 4 out of 5 rapes are committed by somebody the victim knows.
  • 82% of sexual assaults are committed by a non-stranger.
  • 47% of rapists are done by an acquaintance or friend.
  • 25% or rapes occur with somebody the victim is intimate with.
  • 5% or rapes are committed by a relative.

Since statues of limitations only permits a few years in which victims can file claims, they ignore the fact that there is intense psychological fear preventing victims of abuse from coming forward to file claims in the first place. These same fears always prevent victims from going to a hospital immediately after the crime in order to preserve any physical evidence. This situation makes it almost impossible to prosecute sexual abuse cases, resulting in trials becoming “he said/she” said arguments.

Cosby’s Rape Allegations and His Unsealed Documents

For Bill Cosby’s accusers, they may have a silver lining due to the unsealed court documents. These documents may preserve the necessary corroborating evidence needed to add credibility to these women’a sexual allegations. They may even permit these women to finally get their day in court to bring these charges of sexual abuse against the comedian.

In the most recently released document, Bill Cosby even admits he obtained the Quaaludes, outlawed in 1984, in order to keep the prescriptions for the sole purpose to give them to women he wanted to have sex with.

An Alternative Charge of Bill Cosby’s Rape Allegations

Because dozens of women in multiple states have accused Bill Cosby of raping them, the Department of Justice could legally bring federal criminal charges against him for serial rape. In the federal court system, statutes of limitations do not exist for sex abuse cases, and the sex allegations charges against him fall under the federal description defining what sex abuse is.

Since states usually retain jurisdiction for most sex abuse cases, and they are tried on a state level, in this case it could result in the plaintiffs’ constitutional rights of due process under the Fourteenth Amendment being violated because of the statutes of limitation. Filing a federal lawsuit means every woman who is accusing Bill Cosby of sexual abuse will be able to have their claim heard.

The statute in title 18 of the U.S. Code, section 109A, reads, “whoever causes another person to engage in a sexual act by threatening or placing that other person in fear …. or engages in a sexual act with another person if that other person is … physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act; or attempts to do so, shall be fined under this title and imprisoned for any term of years or for life.”

Most of Bill Cosby’s accusers have alleged he rendered them physically helpless by using drugs, then raped them. Some cases even indicate his accusers were minors at the time he allegedly abused them. While there is lack of physical evidence, there are the unsealed court documents and Cosby’s sworn testimony admitting he acquired the Quaaludes in order to drug women for sex. A federal case could encourage other women to come forward, not just in the Bill Cosby case, but in other sex abuse cases as well.

The minimum sentence for federal sex abuse crimes is twenty years to life.

If you have been charged with sexual abuse, you and your Sevens Legal Criminal Lawyers, attorney will discuss the specifics of the allegations, inform you of your case’s strengths and weaknesses, and the risks associated with conviction and punishment. Your criminal defense attorney will help negotiate a plea deal or help decide whether it’s in your best interest to move forward to trial. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

]]>
Cosby Faces Sexual Allegations in Courthttps://www.sevenslegal.com/criminal-attorney/cosby-faces-sexual-allegations-court/618/Thu, 08 Jun 2017 15:00:26 +0000https://www.sevenslegal.com/criminal-attorney/cosby-faces-sexual-allegations-court/618/After years of facing allegations, comedian Bill Cosby is going to court. If convicted, Cosby, who is 79, faces going to prison for the rest of his life.After years of facing allegations, comedian Bill Cosby is going to court. If convicted, Cosby, who is 79, faces going to prison for the rest of his life.

Cosby in Court to Face Sexual Allegations

Bill Cosby’s sexual assault trail began on June 5, 2017. Previous allegations have not been able to be prosecuted due to the statute of limitations. The case that just kicked off centers on an event that took place in 2004. The woman in the case alleges Cosby sexually assaulted her after giving her pills and wine. Cosby alleges the pills were meant to help her with stress and what occurred between the two of them was consensual. The case was actually settled in 2004 in a civil suit. But during that suit, Cosby testified that he often gave women drugs so that he could sleep with them. The testimony was leaked in 2015 and as a result numerous women came forward saying the same thing had happened to them. Philly police reopened the 2004 and pressed criminal charges.

Over the years, dating since the ‘70’s and ‘80’s numerous women have come forward with sexual assault allegations. Then in 2014, comedian Hannibal Buress called out the allegations against Cosby during a stand-up routine. The stand-up routine went viral. And so did the allegations. Because most of the events took place in the ‘70’s and ‘80’s they could not be prosecuted. If Cosby is convicted in this sexual assault case, he faces prison for the rest of his life.

What is “Sexual Assault”

Sexual assault is defined as any type of sexual contact or behavior that occurs without the explicit consent of a recipient. Included under the term sexual assault are the following: forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape.

Addressing Sexual Assault Accusations

Sexual assault crimes are taken very seriously by the law. If you have been falsely accused you might assume that the charges will just be dropped because of how ludicrous they are to you. These types of allegations do not just “go away,” and you will need to be prepared if you are falsely accused.

Here are some things you can do:

1. Do not speak with police or investigators until you have contacted a criminal defense attorney. They might try different tactics to get you to admit to a crime you did not commit. Remember that they are always trying to build a case. Simply state that you will not speak with them unless there is an attorney present.

2. Get in touch with a qualified and experienced criminal defense attorney. You’ll want to do this as soon as possible, even if you just expect the charges to be dismissed. Prepare for what the allegations might bring. You will be asked to defend yourself, so you’ll need to be prepared. This means contacting witnesses that can testify or provide an alibi for you. You might also need to take psychological tests, or be asked to provide other evidence. Write down as many details as possible about what you remember.

3. Study. A criminal defense attorney will be able to guide you through fighting the allegations, but it’s in your best interest to understand the legal process and know your rights.

You will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal Criminal Lawyers.

If You Get Arrested for a Sex Crime

In 1966, the U.S. Supreme Court ruled in Miranda v. Arizona, that individuals arrested because they are believed to have committed a crime are allowed certain rights that must be explained to them. This must happen before any interrogation. It’s important to note that these rights only need to be read when a person has been taken into custody. “Miranda Rights” are meant to protect a suspect from self-incrimination and is protected under the Fifth Amendment of the U.S. Constitution. Those “Miranda Rights” are as follows:

  • You have the right to remain silent and refuse to answer questions.
  • Anything you say may be used against you in a court of law.
  • You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
  • If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
  • If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

Why Work with a Criminal Defense Lawyer?

When faced with serious penalties or spending time in jail or prison, you need to retain a criminal defense lawyer to represent you in court. If you are facing an assault or battery charge, or a theft charge, a criminal defense attorney will investigate your case’s specifics and determine if you were wrongfully charged. They also will be able to identify if there are any other existing reasons for why the case should be dismissed before it goes to trial. If the charges are not dismissed before trial, a criminal attorney may be able negotiate a plea bargain with the prosecutor on your behalf. If a plea bargain cannot be negotiated, a criminal defense attorney will prepare your defense and represent you at trial.

After you have discussed the specifics of your case, your Sevens Legal Criminal Lawyers, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal Criminal Lawyers, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.

Sevens Legal Criminal Lawyers, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal Criminal Lawyers, criminal defense lawyers, call (619) 494-3440. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

]]>
Weiner Pleads Guiltyhttps://www.sevenslegal.com/blog/weiner-pleads-guilty/615/Thu, 25 May 2017 15:00:04 +0000https://www.sevenslegal.com/blog/weiner-pleads-guilty/615/Former Rep. Anthony Weiner has pleaded guilty of charges that he transferred obscene material to a minor.Former Rep. Anthony Weiner has pleaded guilty of charges that he transferred obscene material to a minor. Weiner will now be required to register as a sex offender.

Anthony Weiner Has Pleaded Guilty

As Weiner, 52, made an emotional statement, he also mentioned he has been seeking treatment.

“I accept full responsibility for my conduct. I have a sickness, but I do not have an excuse,” Weiner said. “I entered intensive treatment, found the courage to take a moral inventory of my defects, and began a program of recovery and mental health treatment that I continue to follow every day.”

As part of his plea agreement, Weiner will forfeit his iPhone, surrender his passport, continue his already on-going mental health treatment, and has been barred from having any contact with the minor.

“Today, former Congressman Anthony Weiner admitted and pled guilty to sending sexually explicit images and directions to engage in sexual conduct to a girl he knew to be 15 years old,” said acting US Attorney Joon H. Kim of the Southern District of New York. “Weiner’s conduct was not only reprehensible, but a federal crime, one for which he is now convicted and will be sentenced.”

On Bail Pending Sentencing

According to a press release, Weiner was released on bail pending sentencing. That sentencing date is scheduled for September 8. It has been recommended, and agreed to by Weiner’s counsel that he receive between 21 and 27 months imprisonment. Ultimately it will be up to a judge to decide the final prison terms.

According to Weiner’s statement in court, he was first contacted by the girl in January 2016 and that for the following two months, he “engaged in obscene communications with this teenager, including sharing explicit images and encouraging her to engage in sexually explicit conduct, just as I had done and continued to do with adult women.”

“I knew this was as morally wrong, as it was unlawful,” he said. “This fall, I came to grips for the first time with the depths of my sickness. I had hit bottom.”

Arlo Devlin-Brown, an attorney at Covington & Burling who is representing Weiner, said the disgraced congressman accepted “full responsibility” for his “inappropriate” actions. Allegations that Weiner had been “sexting” an underage girl began appearing last September. In a statement made at the time, Weiner neither confirmed or denied that he had sent the texts.

“I have repeatedly demonstrated terrible judgment about the people I have communicated with online and the things I have sent. I am filled with regret and heartbroken for those I have hurt,” he said.

Weiner was forced to leave Congress in June 2011 when it was revealed that he was exchanging sexually-charged, sometimes explicit, texts with women other than his then wife.

San Diego Sex Crimes Lawyer

Because of the sexual nature of some crimes they are covered under very specific laws. Being charged with a crime such as this alters and changes your life in profound ways forever. Even though 95% of sex crime arrests are for first time offenses, judges and prosecutors vigorously enforce the sex crime statutes. Under Megan’s Law, sex crime has a special stigma and requires mandatory reporting and registering as a sex offender. Speaking with an experience San Diego Sex Crimes Lawyer is essential. Our San Diego Sex Crimes Attorneys Represent the Following Sex Crimes in San Diego:

  • Forcible Rape
  • Statutory Rape
  • Prostitution Offenses
  • Sexual Assault
  • Pimping
  • Child Pornography
  • Urinating in Public
  • Sodomy
  • Child Molestation
  • Internet Sex Crimes
  • Lewd Or Lascivious Acts
  • Sexual Harassment
  • Seduction of a Minor
  • Exhibitionism
  • Contact of Minor w/Intent to Commit Sexual Offense
  • Sexual Abuse of a Child
  • Indecent Exposure and Lewd or Obscene Conduct
  • Minor Sexting
  • Oral Copulation
  • Federal Child Pornography
  • Human Trafficking

Indecent Exposure Sex Crime and Penalties

Under Penal Code 314 PC “indecent exposure” is a sex crime and defined as the “willful exposing of genitals to somebody else, motivated by a desire for sexual gratification or to offend the other person.” Like other sex crimes, convictions for indecent exposure carry harsh penalties as well as life-changing consequences which include steep fines, long jail sentences, and many times the requirement of registering as a sex offender for the rest of your life. Indecent exposure under Penal Code Section 314(1) is usually charged as a misdemeanor. Under Penal Code Section 314(2) PC if a defendant has a prior conviction the crime of indecent exposure can be charged as a felony. If there is a past history of lewd acts with minors, the defendant can be charged under Penal Code Section 288 PC.

Statutory Rape Sex Crime

Statutory rape is when a person 18 or over has sexual intercourse with somebody under 18. The age of 18 is the age California has designated as the “statutory age of consent.” When said individual over 18 has intercourse with somebody under 18 it is referred to as “sex with a minor” and has the charge of rape. It is also illegal in California for a minor to have intercourse with another minor, even if there is mutual consent.

Child Pornography Possession

The possession of child pornography is prohibited by laws at the state and federal level. Child pornography is any material depicting minors under 18 simulating or otherwise engaging in sexual conduct. Any transaction of child pornography is prohibited by Federal law, as well as any Internet child pornography transaction due to its interstate nature. Pornographic images consist of anybody who looks like a minor even if they are not. Pornographic drawings are also subject to First Amendment defenses when criminal charges apply.

Crime of Sexual Battery

Sexual battery, also referred to as “sexual assault” or rape, consists of certain touching as well as certain forms of physical contact. Under California Penal Code Section 243.4 PC this may be charged as a misdemeanor or felony in California depending on the facts of the case and the criminal history of the defendant.

Child Molestation Sex Crime

The crime of child molestation is defined as “lewd acts with a child under age 14,” and refers to offensive and indecent acts of a sexual nature. According to California Penal Code 288 it is illegal to engage in lascivious or lewd acts with a child. Charges for this usually involve accusations that a child has been touched, fondled on their genitals, or that other overt acts of molestation has taken place. Even if the touching was done through a child’s clothing and not on bare skin, you can still be charged with lewd acts against a child.

Addressing Accusations

Sexual assault crimes are taken very seriously by the law. If you have been falsely accused you might assume that the charges will just be dropped because of how ludicrous they are to you. These types of allegations do not just “go away,” and you will need to be prepared if you are falsely accused. Here are some things you can do:

1. Do not speak with police or investigators until you have contacted a criminal defense attorney. They might try different tactics to get you to admit to a crime you did not commit. Remember that they are always trying to build a case. Simply state that you will not speak with them unless there is an attorney present.

2. Get in touch with a qualified and experienced criminal defense attorney. You’ll want to do this as soon as possible, even if you just expect the charges to be dismissed. Prepare for what the allegations might bring. You will be asked to defend yourself, so you’ll need to be prepared. This means contacting witnesses that can testify or provide an alibi for you. You might also need to take psychological tests, or be asked to provide other evidence. Write down as many details as possible about what you remember.

3. Study. A criminal defense attorney will be able to guide you through fighting the allegations, but it’s in your best interest to understand the legal process and know your rights.

You will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal Criminal Lawyers.

Why Work with a Criminal Defense Lawyer?

When faced with serious penalties or spending time in jail or prison, you need to retain a criminal defense lawyer to represent you in court. If you are facing an assault or battery charge, or a theft charge, a criminal defense attorney will investigate your case’s specifics and determine if you were wrongfully charged. They also will be able to identify if there are any other existing reasons for why the case should be dismissed before it goes to trial. If the charges are not dismissed before trial, a criminal attorney may be able negotiate a plea bargain with the prosecutor on your behalf. If a plea bargain cannot be negotiated, a criminal defense attorney will prepare your defense and represent you at trial.

After you have discussed the specifics of your case, your Sevens Legal Criminal Lawyers, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal Criminal Lawyers, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.

Sevens Legal Criminal Lawyers, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal Criminal Lawyers, criminal defense lawyers, call (619) 494-3440. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

]]>
Poway Still Safest City in San Diego Countyhttps://www.sevenslegal.com/blog/poway-safest-city-san-diego-county/613/Thu, 18 May 2017 15:00:33 +0000https://www.sevenslegal.com/blog/poway-safest-city-san-diego-county/613/Poway was, once again, named as the safest city in San Diego County.Poway was, once again, named as the safest city in San Diego County.

Safest San Diego County City is Still Poway

According to recently released FBI crime statistics for 2016, Poway had a 7 percent decrease in crime in 2016, thus marking it the safest city in the San Diego region for the fourth year in the row. Poway had a crime rate of 10.38 crimes per 1,000 population despite a rise in violent crime.

Despite a low crime rate, Poway saw a 48% increase in violent crimes during the same period. Violent crimes include homicide, rape, aggravated assault, and robbery. Despite 2016’s increase, violent crime in Poway is still down an overall 33% since 2012.

Steps of a Criminal Trial

During a criminal trial a jury examines the evidence presented by the defense and prosecution to decide whether, “beyond a reasonable doubt,” a defendant committed a crime. A fair trial allows for the government and the defendant to argue their sides of the case. And a fair trial starts with the selection of a fair jury.

Criminal Trial Phases

A criminal trial typically consists of six following phases:

  • Choosing a Jury
  • Opening Statements
  • Witness Testimony and Cross-Examination
  • Closing Arguments
  • Jury Instruction
  • Jury Deliberation and Announcement of Verdict

Today we will focus on the first phase, that of selecting a jury.

Choosing a Trial Jury

The first step then of a criminal trial is to select the jury. During jury selection, the judge, the prosecutor (representing the government), and the defendant (through his or her respective attorney) will screen potential jurors from a pool of jurors.

During the jury selection process, the judge, prosecution, and defense team will ask potential jurors about any ideological predispositions or life experiences that may interfere with being able to remain unbiased during the case hearing. After questioning a jury is selected.

While jury duty might be a burden and might feel like a waste of time, for a defendant, the selection of a fair juror can mean the difference between a life sentence or freedom.

Fair Jurors for a Trial

The role of a juror is an important one. They alone can decide the future of the defendant on trial. A juror must hear the evidence presented during the trial, deliberate, and decide if the defendant is guilty or not guilty of the charged crimes. Because of this, an unbiased jury must be assembled.

The criminal court system has a system in place that allows for certain rights of a defendant during the juror selection process. This means that a defendant (through his or her attorney) is able to dismiss unfair potential jurors from the jury. The same rights are given to the judge and prosecution team. These rules allow for a fair jury to be selected by all parties that are involved in the case.

The goal of the juror selection process is to put together a jury that will only take into account the evidence presented during the trial so that, during juror deliberation, a fair decision will be made.

Trial Jury Pool Representative of the Community

To pick a fair jury, attorneys will need to have options for jurors. The jury pool (also known as a venire) is the collection of potential jurors assembled from the community. This jury pool is usually chosen via voter-registration lists. Once a person has registered to vote, they are also entered into a list that they can be “summoned” from for jury duty.

This jury pool is composed of a cross-section of the community that cannot intentionally exclude groups and cannot be based on race, gender, or religion. Examples of distinct community groups include:

  • African-Americans
  • Hispanics
  • Asian-Americans
  • Native Americans
  • Women

A jury pool will be selected randomly from all of these community groups. While it must not be an exact match of the community, it must representative of the community.

Voir Dire Questioning Potential Trial Jurors

Once a jury pool is formed the potential jurors are summoned to the courthouse on a particular day and time. The jury pool will wait in a room until they are called to a courtroom. Once in the courtroom, the jury selection process begins with questioning. This process of questioning potential to determine any potential biases is called “voir dire.”

Challenging a Juror for a Trial

During voir dire, the prosecution and defense will interview potential jurors to determine if there are biases that would prevent a juror from being impartial when it comes to deciding on a verdict. If an attorney, either for the prosecution or the defense, chooses to excuse a potential juror, he or she must use a “challenge,” which is a request to disqualify an individual from the jury.

A challenge for cause is when a request to dismiss a potential juror is based on a specific and stated reason. Typically this reason is because it’s been identified by the prosecution or defense that the potential juror has a potential or actual bias. Examples of reasons to challenge for cause include the following:

  • Exposure to negative pretrial publicity
  • Connection to law enforcement or the defendant
  • Victim in a similar case
  • Accidental exposure to the defendant while he was in custody

Attorneys usually are given unlimited challenges for cause. A court may also choose to dismiss a potential juror for cause without a challenge from an attorney.

Jurors can also be dismissed without stating a reason as part of a peremptory challenge. This challenge is usually based on an attorney’s experience and gut feeling when it comes to choosing a juror. There are typically limited amounts of peremptory challenges that an attorney is able to use during jury selection.

Potential jurors are not allowed to be dismissed due to a particular characteristic, such as race, ethnicity, and gender. This rule does not apply to challenges based on age or on mental and physical disabilities.

Alternate Trial Jurors

Once a jury is selected, alternate jurors are selected in case a regular juror needs to be replaced because of inability to perform jury duty. Alternate jurors are questioned and selected in the same manner as the regular jurors.

Input From Defendant

In terms of the defense’s side, a criminal defense attorney will make the ultimate decision about selecting jurors. But these decisions are not made without the defendant’s input.

Your criminal defense attorney will handle all of the questioning during the voir dire process because a defendant is not allowed to address the potential jurors. The only exception to this law is if the defendant is representing himself or herself.

It is never advised that a defendant represents himself or herself, and if you have been accused of a crime, you should immediately contact a criminal defense attorney.

If You Are Detained

If you are detained in jail, remember there are still ways to incriminate yourself. There are some general guidelines you should follow, including the following:

  • Do not discuss anything over the phone. This is often recorded and can be overheard.
  • Do not discuss with fellow in-mates. Remember that anyone in jail is looking for a way out. That could include providing information about you in order to improve their position with the state.
  • Do not make statements or answer questions without an attorney present.
  • Never waive your rights to something without first speaking with an attorney.
  • Know how to be steadfast with your requirement that an attorney be present during any interrogation or questioning.

Working with a Criminal Defense Attorney

Criminal charges can be complex, requiring much gathering of evidence and information. It’s highly advised that you work with an experience criminal defense attorney that will be able to advise you on the best defense. If you have been arrested and accused of a crime, you need to acquire and work with a criminal defense attorney such as Sevens Legal Criminal Lawyers. Once you have discussed the specifics of the allegations against you with your attorney, they will inform you of the strengths and weaknesses pertaining to your case, as well as any risk of conviction and punishment you may be facing.

A criminal defense attorney such as Sevens Legal Criminal Lawyers, can also negotiate a plea deal as well as decide to move forward with trial, while working constantly to make sure your best interests are served. At Sevens Legal Criminal Lawyers, every defendant has a right to our zealous defense. Contact Sevens Legal Criminal Lawyers, today for a free consultation. Our firm award winning attorneys provides hope and peace of mind. The Sevens Legal Criminal Lawyers office is located in both San Diego and Escondido. We have time and time again helped Southern California residents get their cases dismissed or penalties reduced. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Did You Get a Cinco de Mayo DUI?https://www.sevenslegal.com/criminal-attorney/cinco-de-mayo-dui/611/Thu, 11 May 2017 15:00:03 +0000https://www.sevenslegal.com/criminal-attorney/cinco-de-mayo-dui/611/If you received a DUI this past holiday weekend, you'll want to know what your next steps are - namely how to contact a DUI defense attorney.Typically over big weekends like Cinco de Mayo (commonly referred to as Cinco de Drinko) the San Diego County Sheriff’s Department will team up with the National Highway Traffic Safety Administration to keep impaired drivers off San Diego’s roads. If you received a DUI this past holiday weekend, you’ll want to know what your next steps are - namely how to contact a DUI defense attorney.

If You Were Pulled Over on Cinco de Mayo for DUI

If you were pulled over for impaired driving, you’ll want to know what you are facing. Below we outline the steps of a DUI investigation in addition to what you can do if you are facing DUI charges.

Steps to Investigating DUI Charges

The first step in a DUI investigation is being pulled over by a police officer, which can be scary. If this was you this past weekend, you probably anticipated the typical question an officer asks: “Have you had anything to drink today?”

Since the officer can’t force you to answer any questions that could be considered incriminating, the best answer might be to tell them you prefer to speak with a DUI attorney before answering their questions. Having a blood alcohol (“BAC”) content under 0.08 is not considered driving under the influence. Admitting that you may have had one beer just explains why your breath smells of alcohol.

The second step in a DUI investigation are field sobriety tests. California does not give you the right to consult an attorney prior to these tests, but you can still politely decline to take them since you are not legally required to submit to these tests. The risk of these tests is that if an officer takes a subjective view they could decide you failed even though the test results were borderline. These results could then be used to convict you for a DUI. However, if a police officer genuinely suspects you are intoxicated, chances are good you won’t get away with a warning.

The next step in a DUI investigation is the Preliminary Alcohol Screening (PAS) test. This test is normally a breathalyzer test, which is a chemical test prior to being arrested. A breathalyzer test is the most common one used by police officers to identify drivers driving under the influence. Breathalyzer tests are also used after an arrest as well. Before actually being arrest, you have the right to refuse to take the breathalyzer test. If you are afraid your blood alcohol level is high, you can take it knowing the possibility exists of later impeaching the test results.

If you have been lawfully arrested for DUI, the law requires you to undergo the administration of a chemical test by a police officer to determine your blood alcohol level (“BAC”).

According to California’s “Implied Consent Law,” you are required to submit to chemical testing to determine your BAC if a police officer arrests you for DUI and the officer has probable cause to believe you were driving under the influence.

After being arrested, often you can chose either the breathalyzer or chemical tests. The breathalyzer is fairly reliable, but the results aren’t for a number of reasons. Breathalyzer tests don’t test for blood alcohol concentration (“BAC”), which requires a blood sample be taken to be analyzed. Because of this, the police will indirectly make an estimate of your BAC.

Blood Test to Confirm DUI

The most accurate tests to determine BAC are blood tests. Because of this, if given the choice you should choose a blood test if you feel your BAC is under the legal limit of 0.8.

Also, your blood sample must be preserved under a specific set of rules that will then be available for your attorney’s use in order for their later independent testing and analysis.

Although you can’t be forced to take a chemical blood test, if you refuse the Department of Motor Vehicles will suspend your California Driver’s License for one year, no matter what the outcome of the DUI case against you. You can request a hearing to contest the suspension, but it must be requested within 10 days from your DUI arrest date.

Speak to a San Diego DUI Lawyer Today

Call our skilled attorneys at Sevens Legal Criminal Lawyers for a free consultation today to explore your options if you have been arrested for drunk driving in San Diego County. DUI/DWI charges carry stiff penalties that can be financially devastating and may include jail time and the suspension of your license for a year or more. With over 40 years of collective experience dealing with criminal defense and DUI/DWI cases, the attorneys at Sevens Legal will bring to your situation a wealth of expertise and a track record of countless courtroom successes.

Understanding Your Rights

It is important to fully understand your rights in a DUI/DWI case and our attorneys will ensure that you are well educated on the process and procedures of your defense. Through aggressive litigation our attorneys will represent you to the best of their abilities and will not rest until you are back on the road.

We Represent All Types of DUI Cases

Whether you are a first time offender, are facing your second or third offense, a felony or aggravated DUI or a DUI related vehicular manslaughter, the attorneys at Sevens Legal Criminal Lawyers will represent you in a court of law. Laws surrounding drinking and driving and blood alcohol concentration (BAC) may vary depending on state, and California has developed a no-tolerance policy towards DUI offenders. In 1990, the 0.08% blood alcohol concentration (BAC) limit was established in the state of California and still stands 24 years later. According to the California Department of Motor Vehicles, it is illegal for any person to operate a vehicle with a:

  • BAC of 0.08% or higher, if the person is age 21 or older.
  • BAC of 0.01% or higher, if the person is under age 21.
  • BAC of 0.01% or higher at any age, if the person is on Driving Under the Influence (DUI) probation.
  • BAC of 0.04% or higher, in any vehicle requiring a commercial driver license (CDL)-with or without a CDL issued to the driver.

Besides the crippling cost of DUI/DWI penalties, the suspension or revoking of one’s license can cause immense challenges, especially when a suspension directly impacts the financial wellbeing of your family and your economic livelihood. The skilled attorneys at Sevens Legal can help maintain your license or adjust permissions to allow the continuation of commuting to an essential workplace.

The Law Offices of Sevens Legal Criminal Lawyers, understands DUI cases inside and out, and they are committed to uncovering contradictory evidence, procedural errors, or violations of your rights. We determine the correct defense strategy based on the facts pertaining to your case. Sevens Legal Criminal Lawyers, handles all DUI cases such as:

  • First DUI Offense DUI: Almost 80% of our clients who are first offenders have their cases resolved without a DUI conviction.
  • Underage DUI: Underage juvenile DUI offenders have unique challenges relating to these charges, and respond according to these challenges.
  • Felony DUI: Felony charges involving DUI require immediate attention. These DUI charges include injury or a 4th offense in a 10-year period.
  • DUI and Drugs: If the drugs are prescription drugs or banned (“street drugs”) substances, they carry the same penalty as a DUI involving alcohol.
  • Multiple DUI Charges: These types of charges involve higher penalties depending on the number of times you have been convicted previously for DUI. Many times we can successfully reduce the statutory jail time by seeking treatment options.
  • DUI Resulting in an Accident: This also includes injury and/or death, or property damage. These require an experienced criminal defense attorney. These charges may involve possible time in a state prison, so it’s imperative to hire a skilled and diligent criminal defense attorney.
  • Boating and DUI: Operating a boat while under the influence of drugs or alcohol carry the same negative consequences as driving a vehicle and being intoxicated.
  • DMV DUI Hearing: It is imperative to act promptly in order to protect driving privileges. The hearing must be requested within 10 days of your arrest, otherwise the DMV will automatically suspend your driver’s license.

Beating a DUI charge is never easy, even if you have a strong defense, which is why it’s important to hire an experienced DUI Defense Attorney.

In DUI cases there can be numerous possible police errors, all of which can add up to helping reduce your charges. After reviewing the facts of your DUI case, our attorneys will concentrate on helping seek a dismissal or reduction by preparing a secure case that will cast doubt on any evidence the police may have obtained against you.

The criminal defense lawyers at Sevens Legal Criminal Lawyers, believe every defendant deserves a zealous defense. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Did You Get a DUI This Weekend?https://www.sevenslegal.com/blog/dui-weekend/608/Thu, 27 Apr 2017 15:00:53 +0000https://www.sevenslegal.com/blog/dui-weekend/608/This past weekend the San Diego police enforced a number of Saturday night DUI and license checkpoints.This past weekend the San Diego police enforced a number of Saturday night DUI and license checkpoints.

Did San Diego DUI Crackdown Weekend Get You?

Checkpoints were set up at undisclosed locations within the city limits. Officers were searching for signs of alcohol or drug impairment and checking drivers for proper licensing.

Drivers arrested at the checkpoint were expected to incur jail time, fines, fees, DUI classes and other expenses that can exceed $10,000.

Typically over big weekends the San Diego County Sheriff’s Department will team up with the National Highway Traffic Safety Administration to keep impaired drivers off San Diego’s roads. When this happens, it’s important to know your rights and what you need to do to 1. keep yourself safe, 2. keep others safe, and 3. keep yourself out of jail.

During these crackdown weekends, there are usually an increased amount of DUI patrols across the county. These can either go from Friday to Sunday nights, or any nights before, after, and during holidays or big events.

The Sheriff’s Department offered some tips for a safe driving over holiday and big event weekends:

  • Plan a safe way to get home before the game even begins.
  • Always designate a sober driver and leave your car keys at home.
  • If you’re impaired, use a taxi, ride-sharing service, call a sober friend or family member or use public transportation.
  • Call 911 immediately if you see an impaired driver on the road.

If You Get Pulled Over

If you get pulled over for impaired driving, you’ll want to know what you are facing. Below we outline the steps of a DUI investigation in addition to what you can do if you are facing DUI charges.

Steps to Investigating DUI Charges

The first step in a DUI investigation is being pulled over by a police officer, which can be scary. The first thought you might have is when is the officer going to ask, “Have you had anything to drink today?”

Since the officer can’t force you to answer any questions that could be considered incriminating, the best answer might be to tell them you prefer to speak with a DUI attorney before answering their questions. Having a blood alcohol (“BAC”) content under 0.08 is not considered driving under the influence. Admitting that you may have had one beer just explains why your breath smells of alcohol.

The second step in a DUI investigation are field sobriety tests. California does not give you the right to consult an attorney prior to these tests, but you can still politely decline to take them since you are not legally required to submit to these tests. The risk of these tests is that if an officer takes a subjective view they could decide you failed even though the test results were borderline. These results could then be used to convict you for a DUI. However, if a police officer genuinely suspects you are intoxicated, chances are good you won’t get away with a warning.

The next step in a DUI investigation is the Preliminary Alcohol Screening (PAS) test. This test is normally a breathalyzer test, which is a chemical test prior to being arrested. A breathalyzer test is the most common one used by police officers to identify drivers driving under the influence. Breathalyzer tests are also used after an arrest as well. Before actually being arrest, you have the right to refuse to take the breathalyzer test. If you are afraid your blood alcohol level is high, you can take it knowing the possibility exists of later impeaching the test results.

If you have been lawfully arrested for DUI, the law requires you to undergo the administration of a chemical test by a police officer to determine your blood alcohol level (“BAC”).

According to California’s “Implied Consent Law,” you are required to submit to chemical testing to determine your BAC if a police officer arrests you for DUI and the officer has probable cause to believe you were driving under the influence.

After being arrested, often you can chose either the breathalyzer or chemical tests. The breathalyzer is fairly reliable, but the results aren’t for a number of reasons. Breathalyzer tests don’t test for blood alcohol concentration (“BAC”), which requires a blood sample be taken to be analyzed. Because of this, the police will indirectly make an estimate of your BAC.

Blood Test to Confirm DUI

The most accurate tests to determine BAC are blood tests. Because of this, if given the choice you should choose a blood test if you feel your BAC is under the legal limit of 0.8.

Also, your blood sample must be preserved under a specific set of rules that will then be available for your attorney’s use in order for their later independent testing and analysis.

Although you can’t be forced to take a chemical blood test, if you refuse the Department of Motor Vehicles will suspend your California Driver’s License for one year, no matter what the outcome of the DUI case against you. You can request a hearing to contest the suspension, but it must be requested within 10 days from your DUI arrest date.

The Law Offices of Sevens Legal Criminal Lawyers, understands DUI cases inside and out, and they are committed to uncovering contradictory evidence, procedural errors, or violations of your rights. We determine the correct defense strategy based on the facts pertaining to your case. Sevens Legal Criminal Lawyers, handles all DUI cases such as:

  • First DUI Offense DUI: Almost 80% of our clients who are first offenders have their cases resolved without a DUI conviction.
  • Underage DUI: Underage juvenile DUI offenders have unique challenges relating to these charges, and respond according to these challenges.
  • Felony DUI: Felony charges involving DUI require immediate attention. These DUI charges include injury or a 4th offense in a 10-year period.
  • DUI and Drugs: If the drugs are prescription drugs or banned (“street drugs”) substances, they carry the same penalty as a DUI involving alcohol.
  • Multiple DUI Charges: These types of charges involve higher penalties depending on the number of times you have been convicted previously for DUI. Many times we can successfully reduce the statutory jail time by seeking treatment options.
  • DUI Resulting in an Accident: This also includes injury and/or death, or property damage. These require an experienced criminal defense attorney. These charges may involve possible time in a state prison, so it’s imperative to hire a skilled and diligent criminal defense attorney.
  • Boating and DUI: Operating a boat while under the influence of drugs or alcohol carry the same negative consequences as driving a vehicle and being intoxicated.
  • DMV DUI Hearing: It is imperative to act promptly in order to protect driving privileges. The hearing must be requested within 10 days of your arrest, otherwise the DMV will automatically suspend your driver’s license.

Beating a DUI charge is never easy, even if you have a strong defense, which is why it’s important to hire an experienced DUI Defense Attorney.

In DUI cases there can be numerous possible police errors, all of which can add up to helping reduce your charges. After reviewing the facts of your DUI case, our attorneys will concentrate on helping seek a dismissal or reduction by preparing a secure case that will cast doubt on any evidence the police may have obtained against you.

The criminal defense lawyers at Sevens Legal Criminal Lawyers, believe every defendant deserves a zealous defense. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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San Diego Assault Classified as a Hate Crimehttps://www.sevenslegal.com/blogs/san-diego-assault-classified-hate-crime/601/Thu, 20 Apr 2017 15:00:10 +0000https://www.sevenslegal.com/blogs/san-diego-assault-classified-hate-crime/601/San Diego police are describing a local man beaten up, kicked, and smacked repeatedly with a bamboo stalk as a hate crime.According to San Diego police, a local man was beaten up, kicked, and smacked repeatedly with a bamboo stalk in a Logan Heights alley. Police are describing the incident a hate crime.

Assault in San Diego Classified as Hate Crime


Just after 7:30 p.m. on April 15, officers and paramedics responded to the alley in the 2200 block of Imperial Avenue. According to Officer Robert Heims, the victim, a 56-year-old African American man, was beaten in an apparent random attack.

According to police, the victim was standing in the alley when a Latino suspect walked up, and in an alleged unprovoked act, began hitting the victim. The victim was then knocked to the ground and kicked several times.

Heims described a situation in which the attacker used racial epithets to express his dislike of African-Americans while kicking the victim.

The suspect fled the area but returned a short time later.

“The victim was still trying to recover when the suspect started hitting him again,” Heims said. “This time he was hitting him with a bamboo stick in the head and body.”

The victim was hospitalized with several injuries. None are considered to be life-threatening.

The suspect has been described as a Hispanic man, 5 foot-5 inches to 5-foot, 8-inches tall, clean shaven, wearing a blue hat, blue t-shirt, blue shorts and low top shoes. He had two tattoos on both calves, possibly an “S” and “D.”

He is wanted on suspicion of assault with a deadly weapon and committing a hate crime, according to Heims.

Battery and Assault Charges

Should you find yourself in a similar position, with charges such as battery and assault, it’s advised that you work with a criminal defense lawyer.

Assault, Assault and Battery, or Aggravated Assault

The terms get thrown around a lot, but it’s important to understand the difference between assault, assault and battery, or aggravated assault. While they all involve one person doing intentional harm to another person, crimes involving physical attacks can be assaults or batteries or both. Depending on the seriousness of the attack, charges can be elevated to the most serious one of aggravated assault.

“Assault”

Assault is defined as the intentional act of causing another person to be afraid they are going to experience physical harm. While this is a broad definition, since actual physical harm doesn’t have to be involved, assault is the fact that a person fears imminent harm from another person. The broadness of this definition permits the police to intervene to prevent any actual harm to the person.

“Simple” and “Aggravated Assault”

Depending on the seriousness of the potential harm that may occur to a victim, many states make a distinction between “simple” and “aggravated assault.” Aggravated assault is a felony which may involve an assault with a weapon, or the intention to commit a serious crime. It can also be classified as aggravated assault if there is any legally regarded “special protection” relationship involved. If the assault is classified as simple assault its usually charged as a misdemeanor. In some states the seriousness of the assault may be classified as “first,” “second,” or “third” degree assaults, in which case a “first” degree assault is the most serious one.

Assault with a Deadly Weapon

An assault with a deadly weapon is when a person accompanies a physical attack with a physical object that capable of inflicting serious bodily injury or death. All states classify assault with a deadly weapon as a felony because the use of a dangerous object automatically creates a risk of serious consequences.

Deadly Weapon

The term “deadly weapon” typically refers to a wide range of objects capable of inflicting bodily harm. Examples include cars, golf clubs, knives, and guns. Other things such as pocketknives, stones, shoes, canes, and walking sticks can become “deadly weapons” depending on how a person wields them.

Penalties for Assault in California

A defendant convicted of simple assault faces the following possible penalties:

  • up to one year in jail
  • a fine up to $2000, and
  • probation up to one year
  • (Cal. Penal Code § 241, 241.5, 241.6).

“Assault and Battery”

Assault and battery were originally considered to be separate crimes. While assault is the fear of impending physical harm, battery is defined as the actual physical harm done to a victim. While “assault” can be considered the beginning, “battery” can be consider the ending. Most statutes now do not make a distinction between these two offenses.

Penalties for Battery in California

Basic penalties for simple battery that are charged as a misdemeanor include:

  • up to one year in county jail
  • fine up to $2000, and
  • probation up to one year.
  • (Cal. Penal Code §§ 243, 243.2, 243.25, 243.3, 243.35, 243.6, 243.65, 243.8).

Theft and Robbery

In addition to charges of assault and battery, Campos is also facing charges of robbery. Robbery falls under the umbrella of “theft.” Here are some other common types of theft offenses that a person can be charged with:

  • Petty Theft
  • Property valued at $950.00 or less
  • Not taken from the person of another
  • Grand Theft
  • Property valued at $950.00 or more
  • Taken from the person of another
  • Of an automobile or firearm
  • Burglary
  • Entering the property of another with the intent to commit a felony.
  • Robbery
  • Taking the personal property in the possession of another, from his or her possession with the use of force or fear.
  • Identity Theft
  • Taking personal information and using it for an unlawful purpose
  • Receiving or Possession of Stolen Property
  • Knowingly buying, receiving, selling or concealing property that has been stolen from another person

No matter the type of theft crime, the punishment is severe. Theft crimes can be classified as a misdemeanor or felony. Fines, jail and/or prison time are often standard punishment. Individuals may also be subject to civil liability if the alleged theft is from a retailer.

Defenses to Theft Crimes

If you are facing theft charges in California, there are a number of defenses that can be employed to your advantage. Most notably, we will work to demonstrate that you did not have the requisite intent to steal any property and you had a good faith belief that the property was yours to possess. Of course, all circumstances must be reviewed when faced with theft charges but we believe in you and your day in court.

Why Work with a Criminal Defense Lawyer?

When faced with serious penalties or spending time in jail or prison, you need to retain a criminal defense lawyer to represent you in court. If you are facing an assault or battery charge, or a theft charge, a criminal defense attorney will investigate your case’s specifics and determine if you were wrongfully charged. They also will be able to identify if there are any other existing reasons for why the case should be dismissed before it goes to trial. If the charges are not dismissed before trial, a criminal attorney may be able negotiate a plea bargain with the prosecutor on your behalf. If a plea bargain cannot be negotiated, a criminal defense attorney will prepare your defense and represent you at trial.

Your Criminal Defense Lawyer and Emotional Help

While a criminal defense lawyer isn’t a therapist, they may help you deal with the emotions that accompany criminal trials. They can help by explaining the realities of the legal system and discuss what you may be up against during trial. Since they are well versed in the system, your criminal defense lawyer can also go over court rules and regulations, and the best way to navigate through the system. Also critical in negotiating a reduced sentence are the “unwritten rules” which a criminal defense lawyer is also well versed in.

If you are faced with criminal charges and possible jail time, you need to consult a criminal defense lawyer as soon as possible. Contact Sevens Legal Criminal Lawyers today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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2016 Marked San Diego's Lowest Crime Rate in 47 Yearshttps://www.sevenslegal.com/criminal-attorney/2016-marked-san-diegos-lowest-crime-rate-47-years/600/Thu, 13 Apr 2017 15:00:57 +0000https://www.sevenslegal.com/criminal-attorney/2016-marked-san-diegos-lowest-crime-rate-47-years/600/According to city officials, San Diego's crime rate in 2016 year was the second-lowest in 47 years.According to city officials, San Diego’s crime rate in 2016 year was the second-lowest in 47 years. And the violent crime rate had dropped by close to 5 percent, marking it the lowest it has ben in four decades. Police Chief Shelley Zimmerman credited police-community partnerships and focused crime-fighting for the decrease in crime.

San Diego 2016 Crime Rate Lowest in 47 Years

“We know our community needs us, and we need community support,” said Zimmerman. “By working together, we can accomplish so much more.”

Additional statistics released by the city included:

  • 25 of the year’s 49 homicides involved a firearm.
  • 29%of the homicides occurred in the southeastern neighborhoods.
  • Domestic violence cases dropped 7.8%
  • Crimes by gangs dropped 2.2%
  • 35 hate crimes were reported - one less than in 2015.
  • Juvenile arrests dropped 23.1%

Steps of a Criminal Trial

During a criminal trial a jury examines the evidence presented by the defense and prosecution to decide whether, “beyond a reasonable doubt,” a defendant committed a crime. A fair trial allows for the government and the defendant to argue their sides of the case. And a fair trial starts with the selection of a fair jury.

Criminal Trial Phases

A criminal trial typically consists of six following phases:

  • Choosing a Jury
  • Opening Statements
  • Witness Testimony and Cross-Examination
  • Closing Arguments
  • Jury Instruction
  • Jury Deliberation and Announcement of Verdict

Today we will focus on the first phase, that of selecting a jury.

Choosing a Trial Jury

The first step then of a criminal trial is to select the jury. During jury selection, the judge, the prosecutor (representing the government), and the defendant (through his or her respective attorney) will screen potential jurors from a pool of jurors.

During the jury selection process, the judge, prosecution, and defense team will ask potential jurors about any ideological predispositions or life experiences that may interfere with being able to remain unbiased during the case hearing. After questioning a jury is selected.

While jury duty might be a burden and might feel like a waste of time, for a defendant, the selection of a fair juror can mean the difference between a life sentence or freedom.

Fair Jurors for a Trial

The role of a juror is an important one. They alone can decide the future of the defendant on trial. A juror must hear the evidence presented during the trial, deliberate, and decide if the defendant is guilty or not guilty of the charged crimes. Because of this, an unbiased jury must be assembled.

The criminal court system has a system in place that allows for certain rights of a defendant during the juror selection process. This means that a defendant (through his or her attorney) is able to dismiss unfair potential jurors from the jury. The same rights are given to the judge and prosecution team. These rules allow for a fair jury to be selected by all parties that are involved in the case.

The goal of the juror selection process is to put together a jury that will only take into account the evidence presented during the trial so that, during juror deliberation, a fair decision will be made.

Trial Jury Pool Representative of the Community

To pick a fair jury, attorneys will need to have options for jurors. The jury pool (also known as a venire) is the collection of potential jurors assembled from the community. This jury pool is usually chosen via voter-registration lists. Once a person has registered to vote, they are also entered into a list that they can be “summoned” from for jury duty.

This jury pool is composed of a cross-section of the community that cannot intentionally exclude groups and cannot be based on race, gender, or religion. Examples of distinct community groups include:

  • African-Americans
  • Hispanics
  • Asian-Americans/
  • Native Americans
  • Women

A jury pool will be selected randomly from all of these community groups. While it must not be an exact match of the community, it must representative of the community.

Voir Dire Questioning Potential Trial Jurors

Once a jury pool is formed the potential jurors are summoned to the courthouse on a particular day and time. The jury pool will wait in a room until they are called to a courtroom. Once in the courtroom, the jury selection process begins with questioning. This process of questioning potential to determine any potential biases is called “voir dire.”

Challenging a Juror for a Trial

During voir dire, the prosecution and defense will interview potential jurors to determine if there are biases that would prevent a juror from being impartial when it comes to deciding on a verdict. If an attorney, either for the prosecution or the defense, chooses to excuse a potential juror, he or she must use a “challenge,” which is a request to disqualify an individual from the jury.

A challenge for cause is when a request to dismiss a potential juror is based on a specific and stated reason. Typically this reason is because it’s been identified by the prosecution or defense that the potential juror has a potential or actual bias. Examples of reasons to challenge for cause include the following:

  • Exposure to negative pretrial publicity
  • Connection to law enforcement or the defendant
  • Victim in a similar case
  • Accidental exposure to the defendant while he was in custody

Attorneys usually are given unlimited challenges for cause. A court may also choose to dismiss a potential juror for cause without a challenge from an attorney.

Jurors can also be dismissed without stating a reason as part of a peremptory challenge. This challenge is usually based on an attorney’s experience and gut feeling when it comes to choosing a juror. There are typically limited amounts of peremptory challenges that an attorney is able to use during jury selection.

Potential jurors are not allowed to be dismissed due to a particular characteristic, such as race, ethnicity, and gender. This rule does not apply to challenges based on age or on mental and physical disabilities.

Alternate Trial Jurors

Once a jury is selected, alternate jurors are selected in case a regular juror needs to be replaced because of inability to perform jury duty. Alternate jurors are questioned and selected in the same manner as the regular jurors.

Input From Defendant

In terms of the defense’s side, a criminal defense attorney will make the ultimate decision about selecting jurors. But these decisions are not made without the defendant’s input.

Your criminal defense attorney will handle all of the questioning during the voir dire process because a defendant is not allowed to address the potential jurors. The only exception to this law is if the defendant is representing himself or herself.

It is never advised that a defendant represents himself or herself, and if you have been accused of a crime, you should immediately contact a criminal defense attorney.

If You Are Detained

If you are detained in jail, remember there are still ways to incriminate yourself. There are some general guidelines you should follow, including the following:

  • Do not discuss anything over the phone. This is often recorded and can be overheard.
  • Do not discuss with fellow in-mates. Remember that anyone in jail is looking for a way out. That could include providing information about you in order to improve their position with the state.
  • Do not make statements or answer questions without an attorney present.
  • Never waive your rights to something without first speaking with an attorney.
  • Know how to be steadfast with your requirement that an attorney be present during any interrogation or questioning.

Working with a Criminal Defense Attorney

Criminal charges can be complex, requiring much gathering of evidence and information. It’s highly advised that you work with an experience criminal defense attorney that will be able to advise you on the best defense. If you have been arrested and accused of a crime, you need to acquire and work with a criminal defense attorney such as Sevens Legal Criminal Lawyers. Once you have discussed the specifics of the allegations against you with your attorney, they will inform you of the strengths and weaknesses pertaining to your case, as well as any risk of conviction and punishment you may be facing.

A criminal defense attorney such as Sevens Legal Criminal Lawyers, can also negotiate a plea deal as well as decide to move forward with trial, while working constantly to make sure your best interests are served. At Sevens Legal Criminal Lawyers, every defendant has a right to our zealous defense. Contact Sevens Legal Criminal Lawyers, today for a free consultation. Our firm award winning attorneys provides hope and peace of mind. The Sevens Legal Criminal Lawyers office is located in both San Diego and Escondido. We have time and time again helped Southern California residents get their cases dismissed or penalties reduced. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Ailes Faces Another Sexual Assault Casehttps://www.sevenslegal.com/criminal-attorney/ailes-faces-sexual-assault-case/599/Thu, 06 Apr 2017 15:00:48 +0000https://www.sevenslegal.com/criminal-attorney/ailes-faces-sexual-assault-case/599/Another sexual assault lawsuit has been filed against Fox New Channel's Roger Ailes, this time by Fox News contributor Julie Roginsky.Another sexual assault lawsuit has been filed against Fox New Channel’s Roger Ailes, this time by Fox News contributor Julie Roginsky.

Another Sexual Assault Case Against Ailes

Julie Roginsky is just the latest Fox News contributor to wage a sexual assault lawsuit against Roger Ailes. The lawsuit alleges that Ailes made unwanted sexual advances towards Roginsky while leading her to believe that a promotion would follow.

The suit alleges Ailes encouraged Roginsky to date older, married men, that he repeatedly praised her looks, and also often asked her to join him for drinks in his office, away from prying eyes that could get them “into so much trouble.” Roginsky never received the promotion as the result of refusing Ailes’ advances.

This is yet another sexual harassment lawsuit to be filed against Ailes, adding to a list that includes allegations made by former Fox News journalists Megyn Kelly and Laurie Dhue. Ailes has denied all allegations to date.

What is “Sexual Assault”

Sexual assault is defined as any type of sexual contact or behavior that occurs without the explicit consent of a recipient. Included under the term sexual assault are the following: forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape.

Addressing Sexual Assault Accusations

Sexual assault crimes are taken very seriously by the law. If you have been falsely accused you might assume that the charges will just be dropped because of how ludicrous they are to you. These types of allegations do not just “go away,” and you will need to be prepared if you are falsely accused.

Here are some things you can do:

1. Do not speak with police or investigators until you have contacted a criminal defense attorney. They might try different tactics to get you to admit to a crime you did not commit. Remember that they are always trying to build a case. Simply state that you will not speak with them unless there is an attorney present.

2. Get in touch with a qualified and experienced criminal defense attorney. You’ll want to do this as soon as possible, even if you just expect the charges to be dismissed. Prepare for what the allegations might bring. You will be asked to defend yourself, so you’ll need to be prepared. This means contacting witnesses that can testify or provide an alibi for you. You might also need to take psychological tests, or be asked to provide other evidence. Write down as many details as possible about what you remember.

3. Study. A criminal defense attorney will be able to guide you through fighting the allegations, but it’s in your best interest to understand the legal process and know your rights.

You will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal Criminal Lawyers.

If You Get Arrested for a Sex Crime

In 1966, the U.S. Supreme Court ruled in Miranda v. Arizona, that individuals arrested because they are believed to have committed a crime are allowed certain rights that must be explained to them. This must happen before any interrogation. It’s important to note that these rights only need to be read when a person has been taken into custody. “Miranda Rights” are meant to protect a suspect from self-incrimination and is protected under the Fifth Amendment of the U.S. Constitution. Those “Miranda Rights” are as follows:

  • You have the right to remain silent and refuse to answer questions.
  • Anything you say may be used against you in a court of law.
  • You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
  • If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
  • If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

Why Work with a Criminal Defense Lawyer?

When faced with serious penalties or spending time in jail or prison, you need to retain a criminal defense lawyer to represent you in court. If you are facing an assault or battery charge, or a theft charge, a criminal defense attorney will investigate your case’s specifics and determine if you were wrongfully charged. They also will be able to identify if there are any other existing reasons for why the case should be dismissed before it goes to trial. If the charges are not dismissed before trial, a criminal attorney may be able negotiate a plea bargain with the prosecutor on your behalf. If a plea bargain cannot be negotiated, a criminal defense attorney will prepare your defense and represent you at trial.

After you have discussed the specifics of your case, your Sevens Legal Criminal Lawyers, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal Criminal Lawyers, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.

Sevens Legal Criminal Lawyers, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal Criminal Lawyers, criminal defense lawyers, call (619) 494-3440. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Did You Get a DUI Over St. Patrick's Weekend?https://www.sevenslegal.com/criminal-attorney/dui-st-patricks-weekend/596/Thu, 23 Mar 2017 15:00:59 +0000https://www.sevenslegal.com/criminal-attorney/dui-st-patricks-weekend/596/St. Patrick's Day is a big day for a DUI. If you drive home from a St. Patrick's Day celebration with police lights behind you, you'll want a DUI attorney.St. Patrick’s Day is a big day for cops to hand out a DUI, but if you find yourself driving home from a St. Patrick’s Day celebration with those police lights behind you, you’re going to want to hire a DUI attorney as soon as possible.

Celebrating St. Patrick’s Weekend With a DUI?

Typically over big weekends such as St. Patricks’ Day the San Diego County Sheriff’s Department will team up with the National Highway Traffic Safety Administration to keep impaired drivers off San Diego’s roads. When this happens, it’s important to know your rights and what you need to do to 1. keep yourself safe, 2. keep others safe, and 3. keep yourself out of jail.

During these crackdown weekends, there are usually an increased amount of DUI patrols across the county. These can either go from Friday to Sunday nights, or any nights before, after, and during holidays or big events.

The Sheriff’s Department offered some tips for a safe driving over holiday and big event weekends:

  • Plan a safe way to get home before the game even begins.
  • Always designate a sober driver and leave your car keys at home.
  • If you’re impaired, use a taxi, ride-sharing service, call a sober friend or family member or use public transportation.
  • Call 911 immediately if you see an impaired driver on the road.

If You Get Pulled Over

If you get pulled over for impaired driving, you’ll want to know what you are facing. Below we outline the steps of a DUI investigation in addition to what you can do if you are facing DUI charges.

Steps to Investigating DUI Charges

The first step in a DUI investigation is being pulled over by a police officer, which can be scary. The first thought you might have is when is the officer going to ask, “Have you had anything to drink today?”

Since the officer can’t force you to answer any questions that could be considered incriminating, the best answer might be to tell them you prefer to speak with a DUI attorney before answering their questions. Having a blood alcohol (“BAC”) content under 0.08 is not considered driving under the influence. Admitting that you may have had one beer just explains why your breath smells of alcohol.

The second step in a DUI investigation are field sobriety tests. California does not give you the right to consult an attorney prior to these tests, but you can still politely decline to take them since you are not legally required to submit to these tests. The risk of these tests is that if an officer takes a subjective view they could decide you failed even though the test results were borderline. These results could then be used to convict you for a DUI. However, if a police officer genuinely suspects you are intoxicated, chances are good you won’t get away with a warning.

The next step in a DUI investigation is the Preliminary Alcohol Screening (PAS) test. This test is normally a breathalyzer test, which is a chemical test prior to being arrested. A breathalyzer test is the most common one used by police officers to identify drivers driving under the influence. Breathalyzer tests are also used after an arrest as well. Before actually being arrest, you have the right to refuse to take the breathalyzer test. If you are afraid your blood alcohol level is high, you can take it knowing the possibility exists of later impeaching the test results.

If you have been lawfully arrested for DUI, the law requires you to undergo the administration of a chemical test by a police officer to determine your blood alcohol level (“BAC”).

According to California’s “Implied Consent Law,” you are required to submit to chemical testing to determine your BAC if a police officer arrests you for DUI and the officer has probable cause to believe you were driving under the influence.

After being arrested, often you can chose either the breathalyzer or chemical tests. The breathalyzer is fairly reliable, but the results aren’t for a number of reasons. Breathalyzer tests don’t test for blood alcohol concentration (“BAC”), which requires a blood sample be taken to be analyzed. Because of this, the police will indirectly make an estimate of your BAC.

Blood Test to Confirm DUI

The most accurate tests to determine BAC are blood tests. Because of this, if given the choice you should choose a blood test if you feel your BAC is under the legal limit of 0.8. Also, your blood sample must be preserved under a specific set of rules that will then be available for your attorney’s use in order for their later independent testing and analysis. Although you can’t be forced to take a chemical blood test, if you refuse the Department of Motor Vehicles will suspend your California Driver’s License for one year, no matter what the outcome of the DUI case against you. You can request a hearing to contest the suspension, but it must be requested within 10 days from your DUI arrest date.

The Law Offices of Sevens Legal Criminal Lawyers, understands DUI cases inside and out, and they are committed to uncovering contradictory evidence, procedural errors, or violations of your rights. We determine the correct defense strategy based on the facts pertaining to your case. Sevens Legal Criminal Lawyers, handles all DUI cases such as:

  • First DUI Offense DUI: Almost 80% of our clients who are first offenders have their cases resolved without a DUI conviction.
  • Underage DUI: Underage juvenile DUI offenders have unique challenges relating to these charges, and respond according to these challenges.
  • Felony DUI: Felony charges involving DUI require immediate attention. These DUI charges include injury or a 4th offense in a 10-year period.
  • DUI and Drugs: If the drugs are prescription drugs or banned (“street drugs”) substances, they carry the same penalty as a DUI involving alcohol.
  • Multiple DUI Charges: These types of charges involve higher penalties depending on the number of times you have been convicted previously for DUI. Many times we can successfully reduce the statutory jail time by seeking treatment options.
  • DUI Resulting in an Accident: This also includes injury and/or death, or property damage. These require an experienced criminal defense attorney. These charges may involve possible time in a state prison, so it’s imperative to hire a skilled and diligent criminal defense attorney.
  • Boating and DUI: Operating a boat while under the influence of drugs or alcohol carry the same negative consequences as driving a vehicle and being intoxicated.
  • DMV DUI Hearing: It is imperative to act promptly in order to protect driving privileges. The hearing must be requested within 10 days of your arrest, otherwise the DMV will automatically suspend your driver’s license.

Beating a DUI charge is never easy, even if you have a strong defense, which is why it’s important to hire an experienced DUI Defense Attorney.

In DUI cases there can be numerous possible police errors, all of which can add up to helping reduce your charges. After reviewing the facts of your DUI case, our attorneys will concentrate on helping seek a dismissal or reduction by preparing a secure case that will cast doubt on any evidence the police may have obtained against you.

The criminal defense lawyers at Sevens Legal Criminal Lawyers, believe every defendant deserves a zealous defense. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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St. Patrick's Day and DUIhttps://www.sevenslegal.com/criminal-attorney/saint-patricks-day-dui/595/Thu, 16 Mar 2017 15:00:45 +0000https://www.sevenslegal.com/criminal-attorney/saint-patricks-day-dui/595/It's not uncommon for the San Diego Police Department to issue weekend DUI crackdowns. When this happens, it's important for you to be aware of your rights.It’s not uncommon for the San Diego Police Department to issue weekend DUI crackdowns. When this happens, it’s important for you to be aware of your rights.

DUI and St. Patrick’s Day

Typically over big weekends such as St. Patrick’s day weekend the San Diego County Sheriff’s Department will team up with the National Highway Traffic Safety Administration to keep impaired drivers off San Diego’s roads. When this happens, it’s important to know your rights and what you need to do to 1. keep yourself safe, 2. keep others safe, and 3. keep yourself out of jail.

During these crackdown weekends, there are usually an increased amount of DUI patrols across the county. These can either go from Friday to Sunday nights, or any nights before, after, and during holidays or big events.

The San Diego County Sheriff’s department has plans to increase DUI patrols in its jurisdictions starting at 6 p.m. Friday, March 17, continuing until at least 3 a.m. Saturday.

DUI checkpoint locations will be set up in locations based on the frequency of past DUI and crash statistics.

The Sheriff’s Department offered some tips for a safe driving over holiday and big event weekends:

  • Plan a safe way to get home before the game even begins.
  • Always designate a sober driver and leave your car keys at home.
  • If you’re impaired, use a taxi, ride-sharing service, call a sober friend or family member or use public transportation.

Call 911 immediately if you see an impaired driver on the road.

If You Get Pulled Over

If you get pulled over for impaired driving, you’ll want to know what you are facing. Below we outline the steps of a DUI investigation in addition to what you can do if you are facing DUI charges.

Steps to Investigating DUI Charges

The first step in a DUI investigation is being pulled over by a police officer, which can be scary. The first thought you might have is when is the officer going to ask, “Have you had anything to drink today?”

Since the officer can’t force you to answer any questions that could be considered incriminating, the best answer might be to tell them you prefer to speak with a DUI attorney before answering their questions. Having a blood alcohol (“BAC”) content under 0.08 is not considered driving under the influence. Admitting that you may have had one beer just explains why your breath smells of alcohol.

The second step in a DUI investigation are field sobriety tests. California does not give you the right to consult an attorney prior to these tests, but you can still politely decline to take them since you are not legally required to submit to these tests. The risk of these tests is that if an officer takes a subjective view they could decide you failed even though the test results were borderline. These results could then be used to convict you for a DUI. However, if a police officer genuinely suspects you are intoxicated, chances are good you won’t get away with a warning.

The next step in a DUI investigation is the Preliminary Alcohol Screening (PAS) test. This test is normally a breathalyzer test, which is a chemical test prior to being arrested. A breathalyzer test is the most common one used by police officers to identify drivers driving under the influence. Breathalyzer tests are also used after an arrest as well. Before actually being arrest, you have the right to refuse to take the breathalyzer test. If you are afraid your blood alcohol level is high, you can take it knowing the possibility exists of later impeaching the test results.

If you have been lawfully arrested for DUI, the law requires you to undergo the administration of a chemical test by a police officer to determine your blood alcohol level (“BAC”).

According to California’s “Implied Consent Law,” you are required to submit to chemical testing to determine your BAC if a police officer arrests you for DUI and the officer has probable cause to believe you were driving under the influence.

After being arrested, often you can chose either the breathalyzer or chemical tests. The breathalyzer is fairly reliable, but the results aren’t for a number of reasons. Breathalyzer tests don’t test for blood alcohol concentration (“BAC”), which requires a blood sample be taken to be analyzed. Because of this, the police will indirectly make an estimate of your BAC.

Blood Test to Confirm DUI

The most accurate tests to determine BAC are blood tests. Because of this, if given the choice you should choose a blood test if you feel your BAC is under the legal limit of 0.8. Also, your blood sample must be preserved under a specific set of rules that will then be available for your attorney’s use in order for their later independent testing and analysis. Although you can’t be forced to take a chemical blood test, if you refuse the Department of Motor Vehicles will suspend your California Driver’s License for one year, no matter what the outcome of the DUI case against you. You can request a hearing to contest the suspension, but it must be requested within 10 days from your DUI arrest date.

The Law Offices of Sevens Legal Criminal Lawyers, understands DUI cases inside and out, and they are committed to uncovering contradictory evidence, procedural errors, or violations of your rights. We determine the correct defense strategy based on the facts pertaining to your case.

Sevens Legal Criminal Lawyers, handles all DUI cases such as:

  • First DUI Offense DUI: Almost 80% of our clients who are first offenders have their cases resolved without a DUI conviction.
  • Underage DUI: Underage juvenile DUI offenders have unique challenges relating to these charges, and respond according to these challenges.
  • Felony DUI: Felony charges involving DUI require immediate attention. These DUI charges include injury or a 4th offense in a 10-year period.
  • DUI and Drugs: If the drugs are prescription drugs or banned (“street drugs”) substances, they carry the same penalty as a DUI involving alcohol.
  • Multiple DUI Charges: These types of charges involve higher penalties depending on the number of times you have been convicted previously for DUI. Many times we can successfully reduce the statutory jail time by seeking treatment options.
  • DUI Resulting in an Accident: This also includes injury and/or death, or property damage. These require an experienced criminal defense attorney. These charges may involve possible time in a state prison, so it’s imperative to hire a skilled and diligent criminal defense attorney.
  • Boating and DUI: Operating a boat while under the influence of drugs or alcohol carry the same negative consequences as driving a vehicle and being intoxicated.
  • DMV DUI Hearing: It is imperative to act promptly in order to protect driving privileges. The hearing must be requested within 10 days of your arrest, otherwise the DMV will automatically suspend your driver’s license.

Beating a DUI charge is never easy, even if you have a strong defense, which is why it’s important to hire an experienced DUI Defense Attorney.

In DUI cases there can be numerous possible police errors, all of which can add up to helping reduce your charges. After reviewing the facts of your DUI case, our attorneys will concentrate on helping seek a dismissal or reduction by preparing a secure case that will cast doubt on any evidence the police may have obtained against you.

The criminal defense lawyers at Sevens Legal Criminal Lawyers, believe every defendant deserves a zealous defense. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Strange State Laws: Things You Didn't Know Were Illegal in Californiahttps://www.sevenslegal.com/criminal-attorney/strange-state-laws-illegal-california/587/Fri, 10 Mar 2017 23:35:09 +0000https://www.sevenslegal.com/criminal-attorney/strange-state-laws-illegal-california/587/The purpose of this series of posts is lots a fun, and a little education. If you know of any wacky laws that should be added to this list, let us know and look forward to our future posts.

Strange Law by City:

##Carmel:

  • In Carmel, a man can’t go outside while wearing a jacket and pants that do not match.
  • In Carmel, women may not wear high heels while in the city limits.

Chico:

  • In Chico, you are prohibited from owning a smelly animal hide.
  • In Chico, bowling on the sidewalk is illegal.
  • In Chico, one must obtain a permit from the city to throw hay in a cesspool.
  • Driving a herd of cattle down a street is against the law in Chico.
  • Detonating a nuclear device within Chico city limits results in a $500 fine.
  • Kids are not allowed to play on the sidewalk in Chico.

El Monte:

  • In El Monte, sandboxes may not be used as ashtrays.
  • In El Monte, pinball machines are outlawed, as well as mock horse racing games.

Eureka:

  • Eureka hates baseball: “It shall be unlawful to throw or hit or knock any baseball with a ball bat or any other instrument or engage in or play the game of baseball in any other manner on any city park or playground without first obtaining written permission to do so from the Director of Public Works.”
  • In Eureka, men who wear moustaches are forbidden from kissing women.
  • In Eureka, it is illegal to fall asleep in public.

Fresno:

  • In Fresno, no one may annoy a lizard in a city park.
  • In Fresno, it is against the law to hold a private bingo game.
  • It’s also illegal to play bingo drunk in Fresno.
  • In Fresno, permanent markers may not be sold in the city limits.
  • In Fresno, it is illegal to sell gasoline to a drunken person.
  • It’s illegal to injure or disturb a rock in Fresno’s City Park.

Glendale:

  • In Glendale, it is illegal to jump into a passing car.
  • In Glendale, cars may not be driven in reverse.

Los Angeles:

  • In Los Angeles, it is illegal to cry on the witness stand.
  • In Los Angeles, you may not hunt moths under a street lamp.
  • Releasing more than one Mylar or foil balloon into the air is a crime in Los Angeles. According to ordinance 11.69.010, it is unlawful to allow one or more metallic balloons to float, rise, or remain aloft outdoors at a height of five feet or more for any advertising, promotional, or commercial purpose.
  • In Los Angeles, bathing two babies in the same tub at the same time is prohibited.
  • You may only throw a frisbee at the beach in Los Angeles County with the lifeguard’s permission.
  • In Los Angeles, it is illegal for a man to beat his wife with a strap wider than 2 inches without her consent.
  • In Los Angeles, it is against the law to lick a toad.
  • Zoot suits are prohibited in Los Angeles.
  • It is a misdemeanor to shoot at any kind of game from a moving vehicle, unless the target is a whale.
  • It is a crime for dogs to mate within 500 yards of a church.
  • In Los Angeles, it is against the law to complain through the mail that a hotel has cockroaches, even if it is true.

Redwood City:

  • In Redwood City, it is illegal to have a monkey or a reptile.
  • Redwood City has outlawed the frying of gravy.

San Francisco:

  • In San Francisco, it is illegal for used underwear to be employed in wiping off cars in a car wash.
  • In San Francisco, elephants walking down Market Street must wear leashes.
  • In San Francisco, there are rules against piling horse manure higher than 6 feet on any street corner.
  • Persons classified as “ugly” may not walk down any street in San Francisco.
  • In San Francisco, it is illegal to store things in your garage (except for your car).
  • San Francisco is said to be the only city in the nation to have ordinances guaranteeing sunshine to the masses.
  • Prostitutes in San Francisco are not obliged to make change for bills larger than $50.

Walnut:

  • In Walnut, kites may not be flown above 10 feet over the ground.
  • In Walnut, children may not wear a halloween mask unless they get a special permit from the sheriff.
  • In Walnut, males may not dress as a female unless a special permit is obtained from the sheriff.

Other Cities:

  • In Arcadia, peacocks have the right of way to cross any street, including driveways.
  • In Baldwin Park, nobody is allowed to ride a bicycle in a swimming pool.
  • It is illegal to whistle for a lost canary before 7 am in Berkeley.
  • In Blythe, you are not permitted to wear cowboy boots unless you already own at least two cows.
  • In Burlingame, it is illegal to spit, except on baseball diamonds.
  • In Dana Point, one may not use one’s own restroom if the window is open.
  • In Hollywood, it is illegal to drive more than two thousand sheep down Hollywood Boulevard at one time.
  • In Indian Wells, it is illegal to drink cement.
  • In Lafayette, you are forbidden from spitting on the ground within 5 feet of another person.
  • In Lodi, it is illegal to shoot “silly string” at parade participants.
  • In Long Beach, it is illegal to curse on a mini-golf course.
  • The city of Mountain View proscribes calling pet fish by “names of aggressive content, e.g. ‘Biter’, ‘Killer’, ‘Sugar-Ray.’”
  • In Pacific Grove, you can be fined up to $1,000 for “molestation of butterflies.”
  • In Palm Springs, it is illegal to walk a camel down Palm Canyon Drive between the hours of four and six PM.
  • In Portola, no person may carry a fish into a bar.
  • In Prunedale, two bathtubs may not be installed in the same house.
  • In Redlands, motor vehicles may not drive on city streets unless a man with a lantern is wallking ahead of it.
  • In San Diego, its illegal to shoot a rabbit from the back of your car.
  • In San Jose, it is illegal to have more than two cats or dogs.
  • In Santa Clara, it is forbidden to dedicate parking spaces to the patron saint of television.
  • In Simi Valley it is illegal to play soccer, baseball, or football in public.
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Potential Sexual Assault by Marineshttps://www.sevenslegal.com/blog/potential-sexual-assault-marines/590/Thu, 09 Mar 2017 16:00:28 +0000https://www.sevenslegal.com/blog/potential-sexual-assault-marines/590/A sexual assault investigation by the Defense Department allege some Marines shared naked photographs of female Marines on a secret Facebook page.An investigation is being launched by the Defense Department following reports that allege some Marines shared naked photographs of female Marines, veterans, as well as other women on a secret Facebook page.

Marines Facing Potential Sexual Assault Charges

The photographs, some of which were allegedly taken without the subject’s knowledge, were shared on the Facebook page “Marines United.” Members of the Facebook page, which lists about 30,000 followers, include active-duty and retired male Marines, Navy Corpsman and British Royal Marines. According to officials, the page contained numerous photos of female military members, unidentifiable women in various stages of undress, and also included obscene comments regarding some of the women.

The photos have since been taken down and the Naval Criminal Investigative Service is now investigating.

Marine Corps Commandant, General Robert Neller, issued the following statement:

“For anyone to target one of our Marines, online or otherwise, in an inappropriate manner, is distasteful and shows an absence of respect. The success of every Marine, every team, every unit and command throughout our Corps is based on mutual trust and respect.”

At this point it is unclear how many active-duty Marines and other service members are being investigated.

The investigation was launched after it was revealed on The War Horse, a nonprofit news organization run by Marine veteran Thomas Brennan.

“We are thankful that Thomas Brennan, a Marine veteran, notified the Marine Corps and NCIS about what he witnessed on the ‘Marines United’ page,” Marine Corps spokesman Capt. Ryan E. Alvis said. “It allowed us to take immediate action to have the explicit photos taken down and to prepare to support potential victims.”

Marine Corps Sgt. Major Ronald Green issued this statement:

“As Marines, as human beings, you should be angry for the actions of a few. These negative behaviors are absolutely contrary to what we represent. It breaks the bond that hold us together; without trust, our family falters.

We must do a better job of teaching Marines what we expect of them in the social media realm. I expect all Marines to treat one another with dignity and respect, whether it be in public, behind closed doors or online.”

Sexual Assault Charges Facing Marines

According to an internal Marine Corps document, a Marine that is proven to have posted an explicit photo of another person could potentially be charged with violations of the Uniform Code of Military Justice. A Marine who directly participates in, encourages or condones such actions could also be subjected to criminal proceedings or adverse administrative actions.

What is “Sexual Assault”

Sexual assault is defined as any type of sexual contact or behavior that occurs without the explicit consent of a recipient. Included under the term sexual assault are the following: forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape.

Addressing Sexual Assault Accusations

Sexual assault crimes are taken very seriously by the law. If you have been falsely accused you might assume that the charges will just be dropped because of how ludicrous they are to you. These types of allegations do not just “go away,” and you will need to be prepared if you are falsely accused.

Here are some things you can do:

1. Do not speak with police or investigators until you have contacted a criminal defense attorney. They might try different tactics to get you to admit to a crime you did not commit. Remember that they are always trying to build a case. Simply state that you will not speak with them unless there is an attorney present.

2. Get in touch with a qualified and experienced criminal defense attorney. You’ll want to do this as soon as possible, even if you just expect the charges to be dismissed. Prepare for what the allegations might bring. You will be asked to defend yourself, so you’ll need to be prepared. This means contacting witnesses that can testify or provide an alibi for you. You might also need to take psychological tests, or be asked to provide other evidence. Write down as many details as possible about what you remember.

3. Study. A criminal defense attorney will be able to guide you through fighting the allegations, but it’s in your best interest to understand the legal process and know your rights.

You will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal Criminal Lawyers.

If You Get Arrested for a Sex Crime

In 1966, the U.S. Supreme Court ruled in Miranda v. Arizona, that individuals arrested because they are believed to have committed a crime are allowed certain rights that must be explained to them. This must happen before any interrogation. It’s important to note that these rights only need to be read when a person has been taken into custody. “Miranda Rights” are meant to protect a suspect from self-incrimination and is protected under the Fifth Amendment of the U.S. Constitution.

Those “Miranda Rights” are as follows:

  • You have the right to remain silent and refuse to answer questions.
  • Anything you say may be used against you in a court of law.
  • You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
  • If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
  • If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

Why Work with a Criminal Defense Lawyer?

When faced with serious penalties or spending time in jail or prison, you need to retain a criminal defense lawyer to represent you in court. If you are facing an assault or battery charge, or a theft charge, a criminal defense attorney will investigate your case’s specifics and determine if you were wrongfully charged. They also will be able to identify if there are any other existing reasons for why the case should be dismissed before it goes to trial. If the charges are not dismissed before trial, a criminal attorney may be able negotiate a plea bargain with the prosecutor on your behalf. If a plea bargain cannot be negotiated, a criminal defense attorney will prepare your defense and represent you at trial.

After you have discussed the specifics of your case, your Sevens Legal Criminal Lawyers, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal Criminal Lawyers, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.

Sevens Legal Criminal Lawyers, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal Criminal Lawyers, criminal defense lawyers, call (619) 494-3440. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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San Diego's Crime Rate at a New Lowhttps://www.sevenslegal.com/criminal-attorney/san-diegos-crime-rate/589/Thu, 02 Mar 2017 16:00:21 +0000https://www.sevenslegal.com/criminal-attorney/san-diegos-crime-rate/589/According to a recently released report, the violent crime rate in San Diego is the lowest it's been in 47 years.According to a recently released report, the violent crime rate in San Diego is the lowest it’s been in 47 years.

Crime Rate in San Diego at a New Low

According to a recently release report, the overall crime rate decreased by 2.3 percent in 2016 and violent crime was down by 4.5 percent. According to San Diego Mayor Kevin Faulconer, “Our city is safe because of the incredible partnership forged between our community and police department.” Faulconer has cited community outreach and communication as one of the reasons for the decline in the crime rate.

Community Policing in San Diego

San Diego Police Chief Shelley Zimmerman cites community policing, the practice of connecting law enforcement with local neighborhoods as a reason for the decrease. “We still go door to door, we still get on our bicycles and get out of our car but we use social media, we put out a community policing report…so many more ways we connect with our community that didn’t exist five, 10, 20 years ago,” Zimmerman said.

Homicides increased by 32.4 percent from 2015 to 2016, rape increased by 1.1 percent and robbery increased by 0.7 percent. Vehicle theft increased by 14.6 percent.

“Although homicide was up for the third year in a row, San Diego has the lowest homicide per capita of any of the major cities–at least the ten largest cities,” said Zimmerman. Additionally, according to the report, after the deployment of body-worn cameras by San Diego police, there has been a “36 percent decrease in citizen complaints and allegations since 2013.”

During a criminal trial a jury examines the evidence presented by the defense and prosecution to decide whether, “beyond a reasonable doubt,” a defendant committed a crime. A fair trial allows for the government and the defendant to argue their sides of the case. And a fair trial starts with the selection of a fair jury.

Criminal Trial Phases

A criminal trial typically consists of six following phases:

  • Choosing a Jury
  • Opening Statements
  • Witness Testimony and Cross-Examination
  • Closing Arguments
  • Jury Instruction
  • Jury Deliberation and Announcement of Verdict

Today we will focus on the first phase, that of selecting a jury.

Choosing a Trial Jury

The first step then of a criminal trial is to select the jury. During jury selection, the judge, the prosecutor (representing the government), and the defendant (through his or her respective attorney) will screen potential jurors from a pool of jurors.

During the jury selection process, the judge, prosecution, and defense team will ask potential jurors about any ideological predispositions or life experiences that may interfere with being able to remain unbiased during the case hearing. After questioning a jury is selected.

While jury duty might be a burden and might feel like a waste of time, for a defendant, the selection of a fair juror can mean the difference between a life sentence or freedom.

Fair Jurors for a Trial

The role of a juror is an important one. They alone can decide the future of the defendant on trial. A juror must hear the evidence presented during the trial, deliberate, and decide if the defendant is guilty or not guilty of the charged crimes. Because of this, an unbiased jury must be assembled.

The criminal court system has a system in place that allows for certain rights of a defendant during the juror selection process. This means that a defendant (through his or her attorney) is able to dismiss unfair potential jurors from the jury. The same rights are given to the judge and prosecution team. These rules allow for a fair jury to be selected by all parties that are involved in the case.

The goal of the juror selection process is to put together a jury that will only take into account the evidence presented during the trial so that, during juror deliberation, a fair decision will be made.

Trial Jury Pool Representative of the Community

To pick a fair jury, attorneys will need to have options for jurors. The jury pool (also known as a venire) is the collection of potential jurors assembled from the community. This jury pool is usually chosen via voter-registration lists. Once a person has registered to vote, they are also entered into a list that they can be “summoned” from for jury duty. This jury pool is composed of a cross-section of the community that cannot intentionally exclude groups and cannot be based on race, gender, or religion. Examples of distinct community groups include:

  • African-Americans
  • Hispanics
  • Asian-Americans
  • Native Americans
  • Women

A jury pool will be selected randomly from all of these community groups. While it must not be an exact match of the community, it must representative of the community.

Voir Dire Questioning Potential Trial Jurors

Once a jury pool is formed the potential jurors are summoned to the courthouse on a particular day and time. The jury pool will wait in a room until they are called to a courtroom. Once in the courtroom, the jury selection process begins with questioning. This process of questioning potential to determine any potential biases is called “voir dire.”

Challenging a Juror for a Trial

During voir dire, the prosecution and defense will interview potential jurors to determine if there are biases that would prevent a juror from being impartial when it comes to deciding on a verdict. If an attorney, either for the prosecution or the defense, chooses to excuse a potential juror, he or she must use a “challenge,” which is a request to disqualify an individual from the jury.

A challenge for cause is when a request to dismiss a potential juror is based on a specific and stated reason. Typically this reason is because it’s been identified by the prosecution or defense that the potential juror has a potential or actual bias. Examples of reasons to challenge for cause include the following:

  • Exposure to negative pretrial publicity
  • Connection to law enforcement or the defendant
  • Victim in a similar case
  • Accidental exposure to the defendant while he was in custody
  • Attorneys usually are given unlimited challenges for cause. A court may also choose to dismiss a potential juror for cause without a challenge from an attorney.
  • Jurors can also be dismissed without stating a reason as part of a peremptory challenge. This challenge is usually based on an attorney’s experience and gut feeling when it comes to choosing a juror. There are typically limited amounts of peremptory challenges that an attorney is able to use during jury selection.
  • Potential jurors are not allowed to be dismissed due to a particular characteristic, such as race, ethnicity, and gender. This rule does not apply to challenges based on age or on mental and physical disabilities.

Alternate Trial Jurors

Once a jury is selected, alternate jurors are selected in case a regular juror needs to be replaced because of inability to perform jury duty. Alternate jurors are questioned and selected in the same manner as the regular jurors.

Input From Defendant

In terms of the defense’s side, a criminal defense attorney will make the ultimate decision about selecting jurors. But these decisions are not made without the defendant’s input.

Your criminal defense attorney will handle all of the questioning during the voir dire process because a defendant is not allowed to address the potential jurors. The only exception to this law is if the defendant is representing himself or herself.

It is never advised that a defendant represents himself or herself, and if you have been accused of a crime, you should immediately contact a criminal defense attorney.

If You Are Detained

If you are detained in jail, remember there are still ways to incriminate yourself. There are some general guidelines you should follow, including the following:

  • Do not discuss anything over the phone. This is often recorded and can be overheard.
  • Do not discuss with fellow in-mates. Remember that anyone in jail is looking for a way out. That could include providing information about you in order to improve their position with the state.
  • Do not make statements or answer questions without an attorney present.
  • Never waive your rights to something without first speaking with an attorney.
  • Know how to be steadfast with your requirement that an attorney be present during any interrogation or questioning.

Working with a Criminal Defense Attorney

Criminal charges can be complex, requiring much gathering of evidence and information. It’s highly advised that you work with an experience criminal defense attorney that will be able to advise you on the best defense. If you have been arrested and accused of a crime, you need to acquire and work with a criminal defense attorney such as Sevens Legal Criminal Lawyers. Once you have discussed the specifics of the allegations against you with your attorney, they will inform you of the strengths and weaknesses pertaining to your case, as well as any risk of conviction and punishment you may be facing.

A criminal defense attorney such as Sevens Legal Criminal Lawyers, can also negotiate a plea deal as well as decide to move forward with trial, while working constantly to make sure your best interests are served. At Sevens Legal Criminal Lawyers, every defendant has a right to our zealous defense. Contact Sevens Legal Criminal Lawyers, today for a free consultation. Our firm award winning attorneys provides hope and peace of mind. The Sevens Legal Criminal Lawyers office is located in both San Diego and Escondido. We have time and time again helped Southern California residents get their cases dismissed or penalties reduced. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Charges for Underage DUIhttps://www.sevenslegal.com/criminal-attorney/charges-underage-dui/293/Thu, 23 Feb 2017 16:00:05 +0000https://www.sevenslegal.com/criminal-attorney/charges-underage-dui/293/When an early Tuesday morning multiple car DUI accident occurred, resulting in five injuries, two critically, the alleged driver was only 19.

Accidents from DUI

The police were called just after midnight to the scene of the accident. The 19-year old driver and the 15-year old passenger had been traveling southbound on a four-lane highway in a white Volkswagen Passat. The driver had run a red light after which they collided with a Chevy Trailblazer SUV containing two female.

After the impact, the SUV overturned and landed on the hood of the Passat and a minivan which was driven by a 20-year old who had been stopped at an intersection. There was also a fourth vehicle involved.

DUI Accident Victims

The DUI accident resulted in five people being taken to local hospitals, two of whom were listed in critical condition. The condition of the others were not revealed.

Underage DUI

The Police Department reported the preliminary sobriety test administered to the 19-year ol Passat driver indicated he was intoxicated.

“We have an officer with him at the hospital,” said an officer. In California the minimum legal drinking age is 21. The officer further stated, “As you know, a 19-year-old can have zero alcohol level in his system.”

Driving While Under the Influence

Driving while intoxicated is “driving under the influence” or “DUI.” It’s defined as “operating a means of conveyance while excessive amounts of alcohol, or any kind of controlled substance, are present in the body.”

DUI is a serious and all too often a common offense. All 50 states, including the District of Columbia, have laws making it a crime for anybody to operate a motor vehicle with a blood alcohol concentration (“BAC”) of 0.08% or higher if the person is 21 or older. If the person is under 21, it’s illegal to for them to operate a motor vehicle while under the influence of alcohol. The BAC for a person under 21 is much lower than 0.08%.

The consequences of underage drinking and driving varies from state to state. California laws governing underage DUI are discussed below.

Statistics for Underage Drinking

Some statistics for drinking and driving include:

  • 28% of underage drivers, ages 15 to 20, who were killed in car accidents were drinking
  • In that same age range, 24% of male drivers are involved in DUI-related fatal accidents compared to 12% of female drivers who are involved in DUI-related accidents.
  • When polled, 28.5% of high school students in the U.S. admitted that at least once they rode in a car driven by a driver under the influence.
  • Adding to the danger, teenage drivers tend to not wear seat-belts if they have been drinking. In this age group, 74% of the drivers involved in fatal accidents did not have seat belts on when the impact occurred.

Statistics Improvement for DUI

Although the numbers may be shocking, they have been improving. The National Highway Traffic Safety Administration reports that since laws were established for a minimum drinking age, over 24,000 lives have been saved. They estimate nearly 1,000 were saved in 2005 alone. Although there’s still a long way to go to improve these figures, the SAMHSA National Survey on Drug Use and Health in 2005 states the following:

  • 41% of children have drunk a few sips of alcohol by the 8th grade, and 20% of them have admitted to being drunk at least once.
  • 75% of high school seniors say they’ve consumed more than a few sips by the time they graduate, and 5% of them have admitted to being drunk at least once.
  • Approximately 10.8 million people between 15 and 20 had said they’ve drunk alcohol in the past month, 18.8% of which were binge drinking. 6% have admitted to being heavy drinkers.

Zero Tolerance Police for California Underage DUI

California has a zero tolerance policy when it involves underage drinking while driving. This means if you are an underage driver and drinking you are guilty when you are under 21 and drive with detectable alcohol in your system.

Ramifications of Charges for Underage DUI

There are many and ramifications if a person is charged with underage DUI.

There is a mandatory one-year license suspension whether you are “legally” drunk or not. This means you have a blood alcohol content of 0.08% or higher.

Based on your blood alcohol content and driving history, below are some things you could face:

  • $100 or more fine,
  • Mandatory school for DUI,
  • 3-5 years probation for DUI, and /or
  • Jail time.

Additional charges in California for underage drinking and driving apply. For a typical arrest for underage DUI you will be charged with each applicable law, even if they appear to be duplicates. Some of the more common laws for violating underage drivers include:

  • Vehicle Code 23136 covers drivers under 21 with BAC of 0.01% or more. Violating this isn’t a crime, but the penalty is a suspension of your driver’s license of one year.

  • Vehicle Code 23140 covers drivers under 21 with BAC of 0.05% or more. This is an infraction but doesn’t include jail time. Penalties include:

    • Driver’s license suspension of one year if it’s a first offense,
    • $100 fine if it’s a first offense, and
    • Mandatory alcohol education program for three or more months if you’re over 18.
  • Vehicle Code 23152 covers driving at any age while:

    • impaired by alcohol and/or drugs, or
    • having a BAC of 0.08% or more;
    • Under California law it’s a misdemeanor with the following penalties for first time offenders:
      • Driver’s license suspension,
      • 3-5 year informal (i.e., “summary”) probation,
      • $390 to $1,000 fine,
      • 3 to 9 month education program for drug and/or alcohol, and
      • Up to six months in custody.
  • Vehicle Code 23224 – If under 21 you are not permitted to carry alcohol inside a vehicle except in the following situations:

    • the container is full, sealed, and unopened, and
    • they are:
      • accompanied by parent or other specified adult,
      • a parent or adult told them to get rid of the alcohol, or
      • it is part of their job to carry it and they’re working for a person who possesses a legitimate liquor license.
    • This is a misdemeanor with the following penalties:
      • Vehicle will be impounded up to 30 days,
      • A $1,000 or more fine, and
      • Suspension of driver’s license for one year.

If you injure or kill somebody will driving under the influence you can face additional misdemeanor or felony charges. This applies at any age.

Additional Underage Drinking Consequences

In addition to the above, if you’re convicted of these charges you must report this information on college or employment applications in the criminal history section. It also counts toward the score of your criminal history if you are then convicted in a federal crime.

Underage Drinking Defenses

You need to immediately call a DUI defense attorney if you have been arrested and charged with underage drinking. California DUI charges had numerous defenses which a DUI attorney can use to fight the charges. Some of these defenses include:

  • You were not the one driving
  • The testing equipment for DUI was not properly working,
  • The person who performed the DUI chemical test did not follow the proper procedures,
  • You were within the margin of error for an acceptable BAC result,
  • Your BAC was rising at the time the test was done, which could indicate it was lower while you were driving,
  • There was another alcohol source – as in mouthwash,
  • You had a medical condition such acid reflux or GERD,
  • You were on a diet of high protein / low carbohydrate,
  • Your traffic stop was unlawful,
  • Your arrest was unlawful,
  • The officer did not advise you of your rights.

If you’ve been accused and charged with DUI, an experience DUI defense lawyer such as Sevens Legal Criminal Lawyers, can help negotiate to get your charges reduced. A DUI charge has many complications making it difficult to navigate without the help of an experienced and skilled DUI lawyer. A DUI lawyer can also help remove the stress and difficulty relating to being accused of a DUI. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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16-Year-Old Teen Holds Up Gas Stationhttps://www.sevenslegal.com/blog/blogprotecting-defending-teen584/584/Thu, 16 Feb 2017 16:00:24 +0000https://www.sevenslegal.com/blog/blogprotecting-defending-teen584/584/Last week a 16-year-old teen boy was arrested for allegedly robbing a Shell gas station at gunpoint.

Gas Station Held Up by 16-Year-Old Teen

As a clerk at the Shell gas station on South Main Avenue near South Mission Road told the police, a suspect wearing a mask held him at gunpoint and demanded cash and merchandise around 2 a.m. on February 9th.

Deputies were able to detain and search the suspect after spotting him walking two blocks away from the scene of the crime. According to Sheriff Sgt. Jim Pucillo, the search turned up a semiautomatic handgun, cash, and items stolen from the gas station.

Pucillo went on to say that the boy, whose name was withheld because of his age, was arrested and booked into Juvenile Hall on suspicion of robbery.

Why You Need a Criminal Defense Attorney for Your Teen

Although you might not think about it, if you have a teenager you should seriously consider having a good criminal defense attorney. If you think this is a crazy idea, here are some reasons why it’s not!

The farthest thing from your mind is that your little baby might commit some type of crime. You’ve worked hard to instill in them right from wrong, and know you’ve raised them well, but the fact remains they can always get involved in trouble. Usually these troubles are small, so you don’t have to worry about them, such as problems with school subjects or being sent to the principal’s office for talking in class. But sometimes the trouble results in bigger problems. When problems are big, it’s always good to follow the Scout motto and “be prepared.”

News stories on TV about teenagers can range anywhere from bullying to fighting, and can even involve death. You wonder how a normal teenager from a normal family can suddenly be arrested and charged with a misdemeanor or felony crime. The future can change with the blink of an eye.

Criminal Defense Attorney

Some of the cases a criminal defense attorney can handle includes:

  • DUI
  • Drug Charges
  • Violent Crimes
  • Theft Offenses
  • Sex Crimes
  • White Collar Crimes

When defending yourself or your teenager against criminal charges such as those above, hiring a criminal defense attorney is the best thing you can do. A criminal defense attorney can guide you on the strengths as well as the weaknesses pertaining to you or your teenager’s case, as well as explain the specific risks associated with a conviction as well as any punishment you or your teenager may be facing. In addition to helping you understand the aspects of your case, a criminal defense attorney can also explain to you and your teenager how the legal system works and the various procedures involved. When you or your teenage son or daughter are faced with criminal allegations, you need to face them with a criminal defense attorney on your side.

Be Prepared and Aware With a Criminal Defense Attorney

The farthest thing from your mind is that at some point your child may really need to be defended for an alleged crime in a court of law. This is no doubt your worst nightmare. Being prepared can help lessen this nightmare. It’s always better to be prepared than surprised.

A Criminal Defense Attorney Can Help Protect Your Child

There are various things you can do in order to protect your children and their rights. First of all, you should review any of their school’s codes of conduct. Many times parents aren’t aware that their son or daughter’s school has specific rules students must abide by. Some of these rules include the searching of personal property. Students are permitted to request to call their parents prior to any search being conducted.

Parents should talk to their teenagers about what is considered appropriate behavior as well as action versus what’s not when trying to deal with a situation such as this. Basically, parents should act as the first legal advocate for their child. When faced with such a request, your teenager should handle it by requesting that his or her Mom or Dad be called.

Rules Relating to College

The rules can change a little when it comes to college. As a parent, you can set down some of your own rules as well.

To help with this you can consult the rules regarding conduct for the college your child will be attending. This information is usually available in a college handbook included with the information packet for new students.

Are Parents Responsible for a Teen’s Crimes

As a parent you should know that if your child commits a crime you can also face charges. Different states have their own laws dealing with legal responsibilities of either parents or legal guardians when it comes to criminal acts a minor commits while in their care. Many laws are passed under the assumption that the reason a minor may have committed the crime is because the parents or legal guardians have failed to provide the proper oversight and control for their child.

The parental responsibilities laws in California place the potential liability on parents and legal guardians when a minor in their care inflicts harm or death on another, or causes property damage in the form of car accidents or other acts.

Under the California Civil Code Section 1714.1, parents or legal guardians are liable for the “Willful Misconduct” of a minor in their care. California Civil Code section 1714.1 states: “Any act of willful misconduct of a minor that results in injury or death to another person, or in any injury to the property of another, shall be imputed to the parent or guardian having custody and control of the minor for all purposes of civil damages.”

“Willful Misconduct” means a minor intentionally did something on purpose.

The statute further states the custodial parents or guardians are jointly liable with the minor for damages that result from the willful misconduct of the minor, for amounts not exceeding $25,000 per wrongful act.

If a minor’s “willful misconduct” causes injury to a person, the $25,000 limit may include additional compensation to cover medical treatment as well as any other expenses related to the injury. However, the additional compensation for non-economic damages such as pain and suffering cannot be included.

If the misconduct of the minor involves “defacement of property of another with paint or a similar substance,” the parent and legal guardian’s joint liability is still limited to $25,000.

Parent’s Liability for Teenage Driving

California has two other main statutes that deal with a parent or legal guardian’s possible liability if damages are caused due to a minor’s driving.

California Vehicle Code Section 17707 states: “Any civil liability of a minor arising out of his driving a motor vehicle…is hereby imposed upon the person who signed and verified the application of the minor for a license, and the person shall be jointly and severally liable with the minor for any damages proximately resulting from the negligent or wrongful act or omission of the minor in driving a motor vehicle.”

California Vehicle Code section 17708 holds parents or legal guardians potentially liable for damages whenever they give their express or implied permission to a minor permitting them to drive any vehicle, with the result the minor’s driving results in a car accident, whether the minor has a license to drive or not.

California Civil Code section 1714.1, the “willful misconduct” statute, limits the liability for actual damages a parent or legal guardian has to $25,000.

These statutes relating to driving by a minor gives joint liability to a parent or guardian for “any damages proximately resulting” from an accident. This non-economic compensation for losses includes pain and suffering.

Other Instances of Parental Liability

When dealing with parental liability you must remember that as a parent or legal guardian the law still holds you legally responsible for the actions of a minor under the traditional civil fault principles, known as “common law,” in addition to the above statutes.

After discussing the specifics of your case and the allegations you and/or your child may be facing, your criminal defense attorney will let you know the strengths and weaknesses of your case, as well as any risks of conviction or punishment you may face. A criminal defense attorney may be able to negotiate a plea deal or move forward to a trial, whichever is in your or your child’s best interest.

If you or your teenager have been arrested and charged with an alleged crime, it’s imperative that you contact Sevens Legal Criminal Lawyers, to begin discussing your case and it’s options. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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San Diego DUI Crackdownshttps://www.sevenslegal.com/blog/blogsan-diego-dui-crackdowns582/582/Thu, 09 Feb 2017 16:00:23 +0000https://www.sevenslegal.com/blog/blogsan-diego-dui-crackdowns582/582/It common for the San Diego Police Department to issue weekend DUI crackdowns. When this happens, it's important for you to be aware of your rights.It’s not uncommon for the San Diego Police Department to issue weekend DUI crackdowns. When this happens, it’s important for you to be aware of your rights.

DUI Crackdowns in San Diego

Typically over big weekends such as holiday weekends or even Super Bowl weekend the San Diego County Sheriff’s Department will team up with the National Highway Traffic Safety Administration to keep impaired drivers off San Diego’s roads. When this happens, it’s important to know your rights and what you need to do to 1. keep yourself safe, 2. keep others safe, and 3. keep yourself out of jail.

During these crackdown weekends, there are usually an increased amount of DUI patrols across the county. These can either go from Friday to Sunday nights, or any nights before, after, and during holidays or big events.

As Sheriff Bill Gore warned this past Super Bowl Sunday, “Do the responsible thing this Super Bowl Sunday, don’t drink and drive. If you get caught driving drunk, you will go to jail.”

More than 1,200 motorists were arrested for alleged drunk driving during 2016’s Super Bowl Sunday by sheriff’s deputies on patrol during and after the Super Bowl. And in the previous year, 2015, the department made 1,516 arrests. In 2014 deputies arrested 1,610 people for impaired driving.

The Sheriff’s Department offered some tips for a safe driving over holiday and big event weekends:

  • Plan a safe way to get home before the game even begins.
  • Always designate a sober driver and leave your car keys at home.
  • If you’re impaired, use a taxi, ride-sharing service, call a sober friend or family member or use public transportation.
  • Call 911 immediately if you see an impaired driver on the road.

If You Get Pulled Over

If you get pulled over for impaired driving, you’ll want to know what you are facing. Below we outline the steps of a DUI investigation in addition to what you can do if you are facing DUI charges.

Steps to Investigating DUI Charges

The first step in a DUI investigation is being pulled over by a police officer, which can be scary. The first thought you might have is when is the officer going to ask, “Have you had anything to drink today?”

Since the officer can’t force you to answer any questions that could be considered incriminating, the best answer might be to tell them you prefer to speak with a DUI attorney before answering their questions. Having a blood alcohol (“BAC”) content under 0.08 is not considered driving under the influence. Admitting that you may have had one beer just explains why your breath smells of alcohol.

The second step in a DUI investigation are field sobriety tests. California does not give you the right to consult an attorney prior to these tests, but you can still politely decline to take them since you are not legally required to submit to these tests. The risk of these tests is that if an officer takes a subjective view they could decide you failed even though the test results were borderline. These results could then be used to convict you for a DUI. However, if a police officer genuinely suspects you are intoxicated, chances are good you won’t get away with a warning.

The next step in a DUI investigation is the Preliminary Alcohol Screening (PAS) test. This test is normally a breathalyzer test, which is a chemical test prior to being arrested. A breathalyzer test is the most common one used by police officers to identify drivers driving under the influence. Breathalyzer tests are also used after an arrest as well. Before actually being arrest, you have the right to refuse to take the breathalyzer test. If you are afraid your blood alcohol level is high, you can take it knowing the possibility exists of later impeaching the test results.

If you have been lawfully arrested for DUI, the law requires you to undergo the administration of a chemical test by a police officer to determine your blood alcohol level (“BAC”).

According to California’s “Implied Consent Law,” you are required to submit to chemical testing to determine your BAC if a police officer arrests you for DUI and the officer has probable cause to believe you were driving under the influence.

After being arrested, often you can chose either the breathalyzer or chemical tests. The breathalyzer is fairly reliable, but the results aren’t for a number of reasons. Breathalyzer tests don’t test for blood alcohol concentration (“BAC”), which requires a blood sample be taken to be analyzed. Because of this, the police will indirectly make an estimate of your BAC.

Blood Test to Confirm DUI

The most accurate tests to determine BAC are blood tests. Because of this, if given the choice you should choose a blood test if you feel your BAC is under the legal limit of 0.8. Also, your blood sample must be preserved under a specific set of rules that will then be available for your attorney’s use in order for their later independent testing and analysis. Although you can’t be forced to take a chemical blood test, if you refuse the Department of Motor Vehicles will suspend your California Driver’s License for one year, no matter what the outcome of the DUI case against you. You can request a hearing to contest the suspension, but it must be requested within 10 days from your DUI arrest date.

The Law Offices of Sevens Legal Criminal Lawyers, understands DUI cases inside and out, and they are committed to uncovering contradictory evidence, procedural errors, or violations of your rights. We determine the correct defense strategy based on the facts pertaining to your case. Sevens Legal Criminal Lawyers, handles all DUI cases such as:

First DUI Offense DUI: Almost 80% of our clients who are first offenders have their cases resolved without a DUI conviction.

Underage DUI: Underage juvenile DUI offenders have unique challenges relating to these charges, and respond according to these challenges.

Felony DUI: Felony charges involving DUI require immediate attention. These DUI charges include injury or a 4th offense in a 10-year period.

DUI and Drugs: If the drugs are prescription drugs or banned (“street drugs”) substances, they carry the same penalty as a DUI involving alcohol.

Multiple DUI Charges: These types of charges involve higher penalties depending on the number of times you have been convicted previously for DUI. Many times we can successfully reduce the statutory jail time by seeking treatment options.

DUI Resulting in an Accident: This also includes injury and/or death, or property damage. These require an experienced criminal defense attorney. These charges may involve possible time in a state prison, so it’s imperative to hire a skilled and diligent criminal defense attorney.

Boating and DUI: Operating a boat while under the influence of drugs or alcohol carry the same negative consequences as driving a vehicle and being intoxicated.

DMV DUI Hearing: It is imperative to act promptly in order to protect driving privileges. The hearing must be requested within 10 days of your arrest, otherwise the DMV will automatically suspend your driver’s license.

Beating a DUI charge is never easy, even if you have a strong defense, which is why it’s important to hire an experienced DUI Defense Attorney.

In DUI cases there can be numerous possible police errors, all of which can add up to helping reduce your charges. After reviewing the facts of your DUI case, our attorneys will concentrate on helping seek a dismissal or reduction by preparing a secure case that will cast doubt on any evidence the police may have obtained against you.

The criminal defense lawyers at Sevens Legal Criminal Lawyers, believe every defendant deserves a zealous defense. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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U.S. Navy Commander Faces Sexual Assault Chargeshttps://www.sevenslegal.com/blog/navy-commander-faces-sexual-assault-charges/581/Thu, 02 Feb 2017 16:00:09 +0000https://www.sevenslegal.com/blog/navy-commander-faces-sexual-assault-charges/581/In a recent sexual assault case against former U.S. Navy Commander, the presiding judge dismissed possible crucial evidence after deeming it inadmissible.In a recent sexual assault case against a former U.S. Navy Commander, the presiding judge dismissed what could be crucial evidence after deeming it inadmissible. The evidence? Video that captured the U.S. Navy Commander allegedly attempting to rape a colleague.

Sexual Assault Charges Brought Against U.S. Navy Commander

Former Commander John M. Neuhart II, 39, is facing multiple charges: attempted forced rape, assault with intent to rape, hot prowl burglary and resisting arrest charges. The video, which allegedly captures the incident, was deemed inadmissible because Neuhart gave officers the password for his Apple iPhone 6 after he had already obtained legal counsel. Nuehart’s attorney, Kerry Armstrong, entered a not guilty plea on his behalf and Neuhart is currently out on bail.

The Assault

The incident took place Sept. 12 when police responded to a call of a sexual assault, according to San Diego Police Department Sex Crimes Lt. Paul Phillips. Allegedly, Neuhart and the victim, who is also a member of the Navy, met at a hotel. The victim, who was with a group of friends recognized Neuhart, according to Phillips. The group hung out for a while until the victim left the bar to go home. Neuhart followed along with her.

Allegedly, when Neuhart followed the victim into her house, he allegedly attempted to rape her.

“The suspect immediately became forceful with her and attempted to sexually assault her,” Phillips said.

The victim testified Neuhart took off her pants without consent and that she pushed him out of her home. According to prosecutors, Neuhart returned into the victim’s house through french doors on her back balcony.

Neuhart then allegedly told the victim to get a condom, then threw her against the stove and kitchen counter. The victim testified that her pit bull, Jax, bit Neuhart. The victim’s screams were heard by a neighbor who then ran to the front of the house to ask if the victim was okay. When the victim responded that she was not okay, the neighbor called 911. The neighbor then told the victim - through a window - that police were on their way.

According to Phillips, Neuhart heard the remark and then escaped through the back door. The neighbor was able to flag down police as they arrived and point out Neuhart, who was running down the street towards a nearby canyon. Officers were able to apprehend Neuhart and take him into custody.

Neuhart’s defense attorney claims the victim flirted and kissed the defendant and that the contact between the two was consensual after a night out drinking.

The former commander is married and has worked in the military for more than 15 years. Neuhart was the commanding officer of Helicopter Sea Combat Squadron 25, based at Anderson Air Force Base on Guam. If convicted, Neuhart could face life in prison.

What is “Sexual Assault”

Sexual assault is defined as any type of sexual contact or behavior that occurs without the explicit consent of a recipient. Included under the term sexual assault are the following: forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape.

Addressing Sexual Assault Accusations

Sexual assault crimes are taken very seriously by the law. If you have been falsely accused you might assume that the charges will just be dropped because of how ludicrous they are to you. These types of allegations do not just “go away,” and you will need to be prepared if you are falsely accused.

Here are some things you can do:

  1. Do not speak with police or investigators until you have contacted a criminal defense attorney. They might try different tactics to get you to admit to a crime you did not commit. Remember that they are always trying to build a case. Simply state that you will not speak with them unless there is an attorney present.
  2. Get in touch with a qualified and experienced criminal defense attorney. You’ll want to do this as soon as possible, even if you just expect the charges to be dismissed. Prepare for what the allegations might bring. You will be asked to defend yourself, so you’ll need to be prepared. This means contacting witnesses that can testify or provide an alibi for you. You might also need to take psychological tests, or be asked to provide other evidence. Write down as many details as possible about what you remember.
  3. Study. A criminal defense attorney will be able to guide you through fighting the allegations, but it’s in your best interest to understand the legal process and know your rights.

You will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal Criminal Lawyers.

If You Get Arrested for a Sex Crime

In 1966, the U.S. Supreme Court ruled in Miranda v. Arizona, that individuals arrested because they are believed to have committed a crime are allowed certain rights that must be explained to them. This must happen before any interrogation. It’s important to note that these rights only need to be read when a person has been taken into custody. “Miranda Rights” are meant to protect a suspect from self-incrimination and is protected under the Fifth Amendment of the U.S. Constitution.

Those “Miranda Rights” are as follows:

  • You have the right to remain silent and refuse to answer questions.
  • Anything you say may be used against you in a court of law.
  • You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
  • If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
  • If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

Why Work with a Criminal Defense Lawyer?

When faced with serious penalties or spending time in jail or prison, you need to retain a criminal defense lawyer to represent you in court. If you are facing an assault or battery charge, or a theft charge, a criminal defense attorney will investigate your case’s specifics and determine if you were wrongfully charged. They also will be able to identify if there are any other existing reasons for why the case should be dismissed before it goes to trial. If the charges are not dismissed before trial, a criminal attorney may be able negotiate a plea bargain with the prosecutor on your behalf. If a plea bargain cannot be negotiated, a criminal defense attorney will prepare your defense and represent you at trial.

After you have discussed the specifics of your case, your Sevens Legal Criminal Lawyers, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal Criminal Lawyers, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.

Sevens Legal Criminal Lawyers, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal Criminal Lawyers, criminal defense lawyers, call (619) 494-3440. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Violent Crime Has Increased in Los Angeleshttps://www.sevenslegal.com/criminal-attorney/violent-crime-increased-los-angeles/579/Thu, 26 Jan 2017 16:00:37 +0000https://www.sevenslegal.com/criminal-attorney/violent-crime-increased-los-angeles/579/For the third straight year, violent crime has increased in Los Angeles due to increase in homicides, gang-related shootings, and homeless population.For the third straight year, violent crime has increased in Los Angeles, as the result of a growing amount of homicides and gang-related shootings, in addition to a growing homeless population.

Los Angeles Violent Crime Has Increased

According to statistics from the Los Angeles Police Department released at the end of 2016, robberies were up by 13%, aggravated assaults were up by 10% and homicides were up by 5%. Overall, violent crime has increased by 10% over last year and 38% over two years ago.

Asst. Chief Michel Moore, who oversees the LAPD’s patrol operations, believes efforts of police officers on the streets has had an effect, but the root causes of crime - joblessness, homelessness, and substance abuse - run deep and will require the community’s help to solve.

In Los Angeles County, the jail population has decreased, from 18,500 inmates just before Prop. 47 passed to about 16,500 inmates this November. Narcotics arrests have dropped, as busy police officers decide that the time needed to process a case is not worth it.

According to some law enforcement officials, more criminals are now on the streets instead of in jail due to recently passed Prop 47, which sought to reduce the numbers of inmates in jail. But those not in jail are not receiving the drug and mental health treatment the measure had promised. And without the threat of a felony prosecution, defendants that go before a judge are less likely to choose the option of receiving treatment over serving time.

Getting Pulled Over by Police

Being pulled over by a police officer can be incredibly stressful. From the moment those lights turn on you immediately start questioning what you did wrong and how you are going to prove you are innocent.

It’s important to remain calm and follow these guidelines:

  • Look for a convenient area to pull over - make sure it is safe for the officer to pull in behind you. Also, if it is dark, you might decide to pull over to an area that is well lit. All of these actions will show the police officer that you are taking their safety into account.
  • Slow down, turn on your turn signal and pull over
  • Take the keys out of the ignition and place them on the dash
  • Relax and take a deep breath
  • Roll down your driver’s side window
  • Turn on interior lights if it is dark
  • Make sure all your movements are slow so that the officer can watch you and ensure that you are not drawing a weapon or hiding something
  • Do not reach for anything, but rather, place your hands on the steering wheel
  • When the officer approaches, allow him or her to speak first. Typically he or she will ask for your license and registration.
  • Reach for them slowly and deliberately, hand them to the officer, and then place your hands back on the wheel
  • Be polite and answer any questions asked of you
  • Follow any orders given to you by the officer
  • Getting pulled over can be stressful, but as long as you make the officer feel comfortable and safe and you act responsibly, you have a better chance of getting through the experience.

Miranda Rights and Police

In 1966, the U.S. Supreme Court ruled in Miranda v. Arizona, that individuals arrested because they are believed to have committed a crime are allowed certain rights that must be explained to them. This must happen before any interrogation. It’s important to note that these rights only need to be read when a person has been taken into custody. “Miranda Rights” are meant to protect a suspect from self-incrimination and is protected under the Fifth Amendment of the U.S. Constitution.

Those “Miranda Rights” are as follows:

  • You have the right to remain silent and refuse to answer questions.
  • Anything you say may be used against you in a court of law.
  • You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
  • If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
  • If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney.
  • Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

Interrogations by Police

Regardless of if you are informally interrogated by a police officer (such as during a pullover for a traffic violation) or formally interrogated for a crime, remember that there are specific laws that protect you. An officer will use any number of tactics to get a confession from you, regardless of you are guilty or not. It has been shown in clinical research that these tactics are effective in getting confessions from people who are later exonerated by DNA, and thus have always been innocent.

There are two key things to remember if you are being interrogated:

1. Interrogations are set up and conducted to produce confessions - even from the innocent

2. The best way to protect yourself is to remain quiet about anything. Do not make a statement without first talking to a criminal defense attorney. The best way to not incriminate yourself is to not say anything at all.

If You End Up In Jail

If you are detained in jail, remember there are still ways to incriminate yourself. There are some general guidelines you should follow, including the following:

  • Do not discuss anything over the phone. This is often recorded and can be overheard.
  • Do not discuss with fellow in-mates. Remember that anyone in jail is looking for a way out. That could include providing information about you in order to improve their position with the state.
  • Do not make statements or answer questions without an attorney present.
  • Never waive your rights to something without first speaking with an attorney.
  • Know how to be steadfast with your requirement that an attorney be present during any interrogation or questioning.

Jail and Bond

Unless you are dealing with a minor charge, your bond will probably not be set until you appear before a judge during an arraignment. An arraignment is the first part of courtroom-based proceedings. This is what happens during an arraignment:

  • The person charged goes before a criminal court judge
  • The judge reads the charges against the person
  • The judge asks the person if he or she has an attorney or if they need the assistance of a court-appointed attorney
  • The judge asks the person if they will plead “guilty,” “not guilty,” or “no contest.”
  • The judge sets a bail amount, if necessary
  • The judge announces the date of the future proceedings, such as a preliminary hearing, pre-trial motion, or trial.

During an arraignment, you want to make sure you have the best possible outcome from your case. Ensure that you understand everything that you are being charged with. Make sure you have received counsel.

Working with a Criminal Defense Attorney

Criminal charges can be complex, requiring much gathering of evidence and information. It’s highly advised that you work with an experience criminal defense attorney that will be able to advise you on the best defense.

If you or loved ones is accused or charged with any type of crime call us. Let us support and help you during this tough time. Our firm award winning attorneys provides hope and peace of mind. The Sevens Legal Criminal Lawyers office is located in both San Diego and Escondido. We have time and time again helped Southern California residents get their cases dismissed or penalties reduced.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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DUI Charges Have Lasting Impactshttps://www.sevenslegal.com/criminal-attorney/dui-charges-lasting-impacts/387/Thu, 05 Jan 2017 16:00:42 +0000https://www.sevenslegal.com/criminal-attorney/dui-charges-lasting-impacts/387/San Francisco 49ers linebacker Aldon Smith can confirm the fact that DUI charges have lasting impacts on a person's life.San Francisco 49ers linebacker Aldon Smith can confirm the fact that DUI charges have lasting impacts on a person’s life.

Aldon Smith Was Arrested for Vandalism, Hit and Run, and DUI

After San Francisco 49ers linebacker Aldon Smith was arrested recently for allegedly driving under the influence (“DUI”), as well as hit and run and vandalism, Santa Clarita Police Department Lt. Kurt Clarke indicated the 25 year old had been drinking and opened the door of his SUV into a smaller vehicle, causing approximately $500 worth of damage. Afterward, he left the scene of the accident, resulting in the vandalism and hit and run charges. The owner of the other vehicle also left the scene and did not identify himself to the police. According to Clarke, “I don’t know if he knew that person.”

When Smith returned to the accident scene, the officers at the scene noticed signs which indicated Smith was under the influence. As Clarke indicated, “The officers believed he was under the influence of alcohol.” After undergoing and failing sobriety tests Smith was arrested, but was later released on $26,000 bail. He is scheduled to appear in court October 6th.

Smith’s Response to DUI Claims

After exiting the Santa Clara jail, Smith apologized for these incidents but denied being under the influence when the accident occurred.

“I want everybody to understand this wasn’t a DUI,” he said. “The situation that happened could have been handled differently. I apologize to everybody I did let down and I apologize for how it all played out.”

San Francisco 49ers Release Aldon Smith From Contract

After the alleged DUI incident, the 49ers released him from his contract, stating:

“This organization has tried very hard to help Aldon fight his issues. Although he is no longer a member of this team, our support and concern for him will continue.”

According to Jim Tomsula, coach of the 49ers, this incident was one of Smith’s many run-ins involving law enforcement with the law. Tomsula further stated that Smith had been working hard to try and improve his behavior.

“The guy is working really hard and he had a pitfall,” Tomsula said. “He has been turning his life around.

“Although he won’t be playing football for the San Francisco 49ers, he will be supported and helped, and he will not have to walk this path alone. That comes from the ownership down.”

Aldon Smith’s Previous DUI Charges

Smith was arrested in 2012 in Miami Beach on suspicion for a DUI, and took a deal on a lesser charge. He was arrested again in 2013 in San Joseon for suspicion of DUI as well as marijuana possession after his car crashed into a tree. Authorities indicated he was drunk and his blood alcohol level was twice the legal limit of 0.8. At the time of this incident he was suspended for five games, and decided to voluntarily check himself into a rehab facility.

Smith pleaded no content in 2014 to two misdemeanor counts for DUI and three felony weapons charges from a party held in 2012 at his home. When officers arrived at the party they discovered Smith had been stabbed and two other people had been shot. According to authorities, Smith told them he fired a handgun while on his balcony in an effort to try and disperse the crowd. Upon searching his house, deputies discovered assault rifles.

Last season he was suspended for nine games due to violations of the league’s policy about personal conduct as well as substance abuse.

He was also arrested in April 2014 at the Los Angeles International Airport after comments to a TAS agent suggested he had a bomb. City prosecutors in Los Angeles decided not to file charges against him in this incident.

Allegations of a DUI should not be taken lightly. If charged with a DUI, there are certain things you need to address as soon as possible.

Steps to Investigating DUI Charges

The first step in a DUI investigation is being pulled over by a police officer, which can be scary. The first thought you might have is when is the officer going to ask, “Have you had anything to drink today?”

Since the officer can’t force you to answer any questions that could be considered incriminating, the best answer might be to tell them you prefer to speak with a DUI attorney before answering their questions. Having a blood alcohol (“BAC”) content under 0.08 is not considered driving under the influence. Admitting that you may have had one beer just explains why your breath smells of alcohol.

The second step in a DUI investigation are field sobriety tests. California does not give you the right to consult an attorney prior to these tests, but you can still politely decline to take them since you are not legally required to submit to these tests. The risk of these tests is that if an officer takes a subjective view they could decide you failed even though the test results were borderline. These results could then be used to convict you for a DUI. However, if a police officer genuinely suspects you are intoxicated, chances are good you won’t get away with a warning.

The next step in a DUI investigation is the Preliminary Alcohol Screening (PAS) test. This test is normally a breathalyzer test, which is a chemical test prior to being arrested. A breathalyzer test is the most common one used by police officers to identify drivers driving under the influence. Breathalyzer tests are also used after an arrest as well. Before actually being arrest, you have the right to refuse to take the breathalyzer test. If you are afraid your blood alcohol level is high, you can take it knowing the possibility exists of later impeaching the test results.

If you have been lawfully arrested for DUI, the law requires you to undergo the administration of a chemical test by a police officer to determine your blood alcohol level (“BAC”).

According to California’s “Implied Consent Law,” you are required to submit to chemical testing to determine your BAC if a police officer arrests you for DUI and the officer has probable cause to believe you were driving under the influence.

After being arrested, often you can chose either the breathalyzer or chemical tests. The breathalyzer is fairly reliable, but the results aren’t for a number of reasons. Breathalyzer tests don’t test for blood alcohol concentration (“BAC”), which requires a blood sample be taken to be analyzed. Because of this, the police will indirectly make an estimate of your BAC.

Blood Test to Confirm DUI

The most accurate tests to determine BAC are blood tests. Because of this, if given the choice you should choose a blood test if you feel your BAC is under the legal limit of 0.8. Also, your blood sample must be preserved under a specific set of rules that will then be available for your attorney’s use in order for their later independent testing and analysis.

Although you can’t be forced to take a chemical blood test, if you refuse the Department of Motor Vehicles will suspend your California Driver’s License for one year, no matter what the outcome of the DUI case against you. You can request a hearing to contest the suspension, but it must be requested within 10 days from your DUI arrest date.

The Law Offices of Sevens Legal Criminal Lawyers, understands DUI cases inside and out, and they are committed to uncovering contradictory evidence, procedural errors, or violations of your rights. We determine the correct defense strategy based on the facts pertaining to your case. Sevens Legal Criminal Lawyers, handles all DUI cases such as:

First DUI Offense DUI: Almost 80% of our clients who are first offenders have their cases resolved without a DUI conviction.

Underage DUI: Underage juvenile DUI offenders have unique challenges relating to these charges, and respond according to these challenges.

Felony DUI: Felony charges involving DUI require immediate attention. These DUI charges include injury or a 4th offense in a 10-year period.

DUI and Drugs: If the drugs are prescription drugs or banned (“street drugs”) substances, they carry the same penalty as a DUI involving alcohol.

Multiple DUI Charges: These types of charges involve higher penalties depending on the number of times you have been convicted previously for DUI. Many times we can successfully reduce the statutory jail time by seeking treatment options.

DUI Resulting in an Accident: This also includes injury and/or death, or property damage. These require an experienced criminal defense attorney. These charges may involve possible time in a state prison, so it’s imperative to hire a skilled and diligent criminal defense attorney.

Boating and DUI: Operating a boat while under the influence of drugs or alcohol carry the same negative consequences as driving a vehicle and being intoxicated.

DMV DUI Hearing: It is imperative to act promptly in order to protect driving privileges. The hearing must be requested within 10 days of your arrest, otherwise the DMV will automatically suspend your driver’s license.

Beating a DUI charge is never easy, even if you have a strong defense, which is why it’s important to hire an experienced DUI Defense Attorney.

In DUI cases there can be numerous possible police errors, all of which can add up to helping reduce your charges. After reviewing the facts of your DUI case, our attorneys will concentrate on helping seek a dismissal or reduction by preparing a secure case that will cast doubt on any evidence the police may have obtained against you.

The criminal defense lawyers at Sevens Legal Criminal Lawyers, believe every defendant deserves a zealous defense. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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President Obama Pardons Non-Violent Drug Convictionshttps://www.sevenslegal.com/blog/president-obama-pardons-nonviolent-drug-convictions/572/Thu, 29 Dec 2016 16:00:24 +0000https://www.sevenslegal.com/blog/president-obama-pardons-nonviolent-drug-convictions/572/This week President Obama pardoned or commuted the sentences of 231 people, the largest single-day clemency announcement since he became president.This week President Obama pardoned or commuted the sentences of 231 people, the largest single-day clemency announcement since he became president. The majority of the pardons and commutations over the past years have been given to people with non-violent drug convictions.

President Obama Pardons 231 Non-Violent Drug Convictions

Over the past few years the United States is seemingly coming to terms with the realization that criminalizing illicit drugs and treating offenders in a purely judicial way has little if any effectiveness in dealing with the drug problem. The U.S. drug problem causes our government to spend millions of dollars, with the result being the largest prison population in the world instead of reducing the illicit drug problem. As a result, it’s come to measures like Obama’s granting clemency to reduce the number of prisoners in prison.

Little to Show for Criminalizing Drugs

Considering the time, effort, and money, the U.S. has spent in an effort to get rid of drug use, the trafficking of drugs, and other associated activities and undesirable consequences, our country still finds itself involved in the effort with little to show after almost 50 years. As a symbol of the federal government’s official attitude about drugs is Nixon’s “War on Drugs” declaration.

Nixon’s “War on Drugs”

June 17, 2015, marked the 44th anniversary of President Richard Nixon’s “War on Drugs” declaration. It began when Nixon appointed Stephen Hess on December 5th, 1969, as the National Chairman on his White House Conference for Children and Youth. He was tasked to “listen well to the voices of young Americans - in the universities, on the farms, the assembly lines, the street corners,” in an effort to discover their opinions about America’s international and domestic affairs. In 1971, after intensive planning for two years, Hess and his 1,486 delegates met in a resort in Colorado for four days to discuss ten areas that America’s youth were most concerned about, one of which was drugs.

Treatment Approach vs Judicial Approach for Drugs

A small drug task force of four adults and eight youths argued that the root cause of drug abuse should be addressed, and encouraged therapy for addicts instead of incarceration. In other words, they felt a treatment approach was more appropriate than a judicial approach for drug addiction.

Although this was an enlightened approach for dealing with drug addiction, it didn’t prevail. Since there was only so much federal funding to use, the judicial law enforcement approach appeared at the time to be less costly. Three months after the Youth Conference met, Nixon launched his “War on Drugs” and cast drug users as criminals attacking the very moral fiber of the country requiring punishment and incarceration instead of alienated youths with a drug addiction caused by a fundamental societal inequality.

Today the drug war is still going on. Drug enforcement agencies on the federal as well as state level have become similar to paramilitary organizations, similar to military units that have been deployed in the Middle East. Watching them on TV, on such shows as “COPS,” you would think they were actually effective and their efforts can actually make a difference. However, looking deeper you must remember that they’ve been on the air for years, and the episodes of today look pretty much the same as those seven or more years ago.

Nixon’s war on drugs has been America’s longest war. This “war” has destroyed millions of lives. The U.S. leads the world in the incarceration of drug abusers. With less than 5% of the world’s population, it has almost 25% of the world’s prisoners.

Many Americans would agree that like the death penalty, the current war on drugs doesn’t seem to have any deterrent factor on drug use. On one end, some conservatives feel we should double down on our current efforts in the drug war because we’re too soft on drug offenders.

On the opposite end, the decriminalization and legalization of marijuana has been gaining ground, especially among those who think the medical treatment approach is a much more effective approach to drug addiction. However, many Americans still feel these ideas are too much of a radical approach.

Is Decriminalizing Drugs Uncharted Territory?

Decriminalization of drugs for most U.S. citizens is like venturing into uncharted territory. Some even feel like it’s turning a blind eye to the widespread criminal activity associated with drugs. In Europe there’s been a 15 plus year length of time where drugs have been decriminalized. In the Netherlands they merely turn a blind eye. In Portugal decriminalization has been mostly a successful experience.

When looked at objectively, its easy to realize the health issues about drug use. It has many of the same elements as those of alcohol and tobacco addiction. Even though there are certain criminal aspects associated with drug use, trying to deal with them has done little if anything to eliminate or slow down the use of drugs. Drug use and addiction is the only health issue that is criminalized. As support increases to end the war on drugs and the imprisonment associated with it and move toward a more health centered approach, the time has come to decriminalize all drugs.

Decriminalizing drugs means getting rid of the criminal penalties associated with drug possession for personal use. People would no longer be arrested, prosecuted, jailed, or have a criminal record just for using or possessing drugs for personal use. The result is that there would be a substantial reduction in the number of people in the criminal justice system.

The motivation behind Proposition 47 in California was to reduce or eliminate the harsh criminal penalties that resulted in prison and jail overpopulation that began in the 1980s. The effect after it passed resulted in decriminalization where the possession of small amounts of drugs were concerned. It’s passing immediately helped to reduce populations in prison and highlighted the needs of drug users due to the fact that the drug court system wasn’t being used much by those who are eligible for relief under Prop 47. Because of jail overpopulation, this means many who are incarcerated are released early, so people arrested for drug possession would rather spend time in jail and be released early rather than go to rehab and have to deal with all the therapy and monitoring associated with it.

It’s time for the U.S. to critically look into the decriminalization of drugs. In spite of the criminal aspect of drugs, it’s time to realize that our current way of dealing with it simply doesn’t work, and the cost of criminalizing it is increasing both monetarily and in prison overcrowding. It’s time to treat it as the health issue that it is.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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The ACLU Responds to Body Cameras Used by the LAPDhttps://www.sevenslegal.com/criminal-attorney/aclu-responds-body-cameras-lapd/413/Thu, 22 Dec 2016 16:00:22 +0000https://www.sevenslegal.com/criminal-attorney/aclu-responds-body-cameras-lapd/413/In spite of the ACLU's outcry about body cameras and their use, they have become a part of the crime enforcement for the Los Angeles Police Department.In spite of the ACLU’s outcry about body cameras and their use, body cameras have become a part of the crime enforcement for the Los Angeles Police Department.

Body Cameras Recently Used

Recently two LAPD officers responded after receiving a call about a woman who was armed with some type of knife. After the police involved shooting, Norma Guzman, 37, was taken to a hospital where she died, according to the report filed by Corner Assistant Chief Ed Winter.

“An officer-involved shooting occurred and a knife was recovered at the scene,” reported Mike Lopez, an LAPD Officer.

“Our understanding is that both officers discharged their weapons,” Police Sgt. Frank Preciado stated. He indicated that both police officers wore body cameras and the video from those cameras would be downloaded so it could be examined as part of the police officer shooting investigation. In addition to the footage from the body cameras video footage from other security cameras located in the area of the shooting will also be looked at and reviewed.

The police officer shooting happened in one of the first divisions of the LAPD where officers have been issued body cameras. Lopez indicated that both police officers were wearing body cameras which have been collected by the Force Investigation Division investigators, and will be analyzed for evidence."

The Hot Topic of Body Cameras

Body cameras being used by law enforcement has become a hot topic over the past couple of years due to various events that have taken place across the United States. A general observation of the topic would seem to indicate the use of body cameras on police officers has garnered widespread and enthusiastic support. However, on deeper inspection, the adoption of “body cams” have raised many concerns and relevant questions by both law enforcement as well as civilians and civilian rights groups such as the ACLU (i.e., American Civil Liberties Union).

ACLU Stand Against the Use of Body Cameras

The ACLU sent an 11-page letter in early September to federal officials, criticizing the adoption by the LAPD of body cameras for use by the city’s police officers and urged them that the program should be defunded. The ACLU letter indicated that the use of body cameras by the LAPD would make automatic recordings of events occurring to the public, thus violating a person’s right to privacy and the practice would undermine “the goals of transparency, accountability and creation of public trust that body-worn cameras should serve.”

A San Diego Body Cameras Example

San Diego and Rialito programs were early users of body cameras in Southern California. Working with a researcher from Cambridge University they discovered that the results of using body cameras resulted in an 88% decline in complaints against police officers and a 60% decline in police officers’ use of force.

In the San Diego Police Department, officers were wearing body cameras in at least two separate shootings earlier in the year. Because the public was not permitted access to the body camera footage, a heated controversy resulted. The stance of the SDPD is that once footage from body cameras become part of an investigation, they don’t have to release the footage to the public.

This raises the question about the public’s ability to view footage from body cameras under the freedom of information laws. Would releasing the footage really hamper any investigation by the police? Other relevant questions and concerns exist, such as whether police officers should use the video for both holding police officers accountable as well as for crime investigations? Should police officers be permitted to turn their body cameras off? Should video from body cameras be released in order to be used on TV and social media? What is the length of time footage from body cameras should be kept? And who should have access to the body camera footage?

LA Mayor Eric Garcetti’s Response to the ACLU Letter

The Mayor of Los Angeles, Eric Garcetti, has defended the stance of the department and has responded to the ACLU letter since receiving it.

Previously the LAPD has stated it would not release body camera footage to the public, unless they were required to release it due to criminal or civil court proceedings. Mayor Garcetti has stated that there might be individual cases that would permit LAPD Chief Charlie Beck and the city to release related videos.

“Will there be extraordinary occasions where the chief will have to use his judgment? I expect him to,” Mayor Eric Garcetti said. “If the city is about to … erupt in violence or something where we might want to share to bring that down, absolutely.”

Garcetti further stated that since their use the body cameras the LAPD uses have successfully captured video evidence in several sensitive situations. The mayor gave an example where an officer responded in a domestic violence case and was able to capture the altercation that occurred between the victim and suspect because of the body camera he was wearing.

“That is not something that should be shared publicly,” said Mayor Garcetti.

“I won’t do that when there are rape victims, I won’t do that when there are domestic violence victims,” he further stated. “I won’t do that when we have trials that will result [from the videos] where we need to have the evidence be untainted,” he said.

In responding directly to the ACLU’s request for videos to be released to the public and social media, Chief Beck has said that automatically releasing videos might result in people being fearful about reporting crimes.

“I don’t want one victim to not call the Los Angeles Police Department because she is afraid that what she reports to us will wind up on YouTube or in the public domain,” Chief Beck said. “That is not fair.”

Chief Beck further said at the same press conference that body camera footage would be shared with the Police Commission of the city and its inspection general if necessary for use in civil or criminal cases. The footage would also be shared with the Los Angeles city attorney as well as the district attorney.

“These are not secret, these are not something that are cloistered by the police,” Chief Beck said. “These are something that are used as evidence in a well-proven system that deals with evidence every day.”

Are the LA Mayor and Police Chief Misrepresenting the ACLU Position?

ACLU senior staff attorney Peter Bibring, of the Southern California chapter has stated that Mayor Garcetti and Chief Beck are misrepresenting the position of the ACLU with respect to officers wearing body cameras.

Bribing has stated that the ACLU is not advocating body camera videos be disclosed to the public. Instead, he indicates the ACLU is requesting the release of body camera videos by the LAPD in order to demonstrate and capture any alleged misconduct by police officers or the requested release of videos to private individuals that show their interactions with police officers.

“Those are situations where the video should be released,” Bribing said. “We have never asked for all video to be released.”

The National Movement for the Use of Body Cameras

President Obama allocated $75 million federal funds in 2014 to assist police departments purchasing body cameras. This was part of the efforts he had to strengthen the relationships between the public and police, which has been slowly deteriorating since the Michael Brown shooting.

The chief information officer of the LAPD informed the Police Commission in early September that the department has applied for some of the money that President Obama made available so they could purchase approximately 700 body cameras. Further LAPD plans include purchasing an additional 7,000 body cameras for use by it’s police officers. In addition to the federal money to purchase body cameras the city also has budgeted money for their purchase, and officials are also looking at outside grants in order to get additional funds for the program.

Negative Side Effects of Body Cameras

I addition to the positive side effects of body cameras, there are also negative ones. One negative effect is the impact they’ll have on the effectiveness of police. Even though complaints by citizens decline when body cameras are used, another way of looking at this is that it could be due to police officers being reluctant, or even willing, to engage the public, especially if everything is going to be recorded. Citizens also may be reluctant or unwilling to report crimes they are witnesses to if they are also aware they are going to be recorded.

On the other side, the benefits of body cameras may influence how both police officers and civilians behave if they’re aware that they’re being recorded. However, if body cameras on police officers become the norm, the results could be seen as questionable. For example, eyewitness accounts of crimes aren’t always as reliable as we may think. In time we may discover that body camera video is just as unreliable as the testimony of eyewitnesses. What if the camera isn’t reliable, or the events occur off camera, or only part of the video can be used as evidence? In spite of the positives and negatives, the use of body cameras will no doubt become an integral part of the way law enforcement operates. Only time will determine if their use is either effective or harmful.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Fighting False Allegations of Rapehttps://www.sevenslegal.com/criminal-attorney/fighting-false-allegations-rape/379/Thu, 15 Dec 2016 16:00:08 +0000https://www.sevenslegal.com/criminal-attorney/fighting-false-allegations-rape/379/A woman going by 'Joanie Faircloth' wrote in the websitexoJane website comments saying singer-songwriter Conor Oberst had rape her when she was a teenager.

The definition of rape goes beyond just forced sexual intercourse. It also includes unlawful sexual intercourse or sexual penetration of the anus or mouth, as well as the vagina, of a person, by a sex organ, foreign object, or other body part, with or without force, if the victim does not give their consent or is incapable of giving their consent.

Frequency of False Rape Allegations

A common estimate of the amount of false rape allegations is about 2% of all reports of rape. The Slate website reports that the official data relating to what is termed “unfounded” rape reports by law enforcement (i.e., reports the police have determined have not taken place) is both conflicting as well as unclear because of the results from differing local procedures and policies. But based on the available data, there is an average of 8% to 10% of reported rape allegations that the authorities determine are “unfounded.”

However, not all of the reports classified by authorities as “unfounded” are in fact false. There are some cases where women who are actually rape victims are not believed, are pressured into recanting their statements, or just charged with falsely reporting a rape allegation which was then later actually vindicated. Situations such as these only serve to further the debate.

Gray Area of Rape Allegations

Where rape allegations are concerned, there is a gray area in some cases. These gray areas include what could be considered mixed signals, memories deluded by alcohol, and the misunderstanding of what actually constitutes a sexual assault.

Sometimes rape accusations are actually cries for attention or an attempt to cover up what might be considered an embarrassing moment. A case occurring in 2009 at Hofstra University is an example. A female student at the University claimed a group of men raped her. Later, when cell phone video surfaced, the accusation fell apart. The cell phone video showed she had consented to the sexual encounter. Many times rape accusations are made by a partner against their former partner to try and “get back” or “get even.”

Impact of False Rape Accusations

Although rape allegations are never something that should be taken lightly, neither are unfounded rape accusations. Even being falsely accused of rape, the results can have tragic consequences. For example, California football star Brian Banks spent five years behind bars after classmate Wanetta Gibson accused him of rape. When Gibson later contacted him and apologized, admitting she had fabricated the whole rape attack, he was later exonerated. A similar case involved William McCafrey in New York. After he served four years of a 20 year life sentence, his accuser, Biurny Peguero, confessed that injuries she had received was not due to McCafrey raping her but rather the result of a fight she had with several woman. Although both men eventually were released from prison, they had spent years behind bars waiting, and hoping, the truth about their rape allegations would be revealed.

Fighting False Rape Accusations

If you feel you have been wrongly accused of committing rape, you must take the rape allegations seriously. Even if you feel the allegations appear ridiculous, the consequences from them can be long-lasting. In addition to being sent to prison, you could face fines as well as loss of your job.

If somebody accuses you of rape, the first thing you need to do as soon as you are informed by the authorities of the rape accusation against you is contact a criminal defense attorney such as Sevens Legal Criminal Lawyers, who will then respond to the allegations and defend you against the rape charges facing you. A criminal defense attorney can also guide you and assist you with the steps necessary to proceed against the rape allegations.

Stay Away From the Accuser

Stay away from the person who is accusing you until you can legally defend yourself. Chances are an evidentiary hearing will happen that will permit you to state your side of the rape accusation case. Until this occurs, stay away from your accuser to prevent them from making any further accusations against you.

If you find there is not way to keep away from your accuser, due to child custody arrangements or employment, attempt to make sure a third party is present in order to act as your witness. Also, attempt to limit any communication between you and your accuser and try to encourage that all communication between the two of you are in writing, such as email or text messages. Any such communication should also include the statement of any facts. Do not under any circumstances attempt to use social media to contact your accuser (i.e., Twitter, Facebook, or Instagram). Keep in mind the fact that anything you say or write will be able to be used against you in a court of law, as per Miranda Rights.

Control Your Emotions

It’s both an angering and frustrating thing to be accused of rape. However, you need to learn how to keep your emotions in check, which means taking responsibility about what your next steps are and learning how you can protect yourself. Don’t contact your accuser in an effort to defend yourself. It’s important to keep your head and emotions calm.

Assess Any Possible Motives

As you work with your attorney, try to discover what your accuser’s motive is for falsely accusing you of the rape allegations. Many times an ex who is jealous will attempt to get back at their partner for assumed slights. If you know, or believe, it was consensual sex, what other circumstances were involved? The use of drugs or alcohol may have caused either you or your accuser to be hazy when remembering the actual events. A criminal defense attorney has the ability to assist you to discover what motives may exist on the part of you as well as your accuser. Knowing this motive can help your criminal defense attorney if your case goes to trial, as well as during any negotiation processes.

Detailed Account of Events and Possible Witnesses

If possible, provide your criminal defense attorney with any detailed account revolving around the events that led up to the rape accusations. Tell everything to your attorney, including any details that you may not feel is pertinent. You never know what details could be helpful to your lawyer that will assist them in winning your case.

An important aspect to remember is whether there were any witnesses to the interaction between you and your accuser, especially if they can be used as an alibi. Do you have any character witnesses who can corroborate any motives of either you or your accuser?

California’s Rape Shield Law

Even if you have a witness, in California a defendant cannot legally introduce information about any previous sexual conduct of the alleged accuser in order to prove the alleged rape was consensual. In other words, a defendant is unable to present evidence from past relationships or previous sexual conduct in order to prove their accuser is making false rape accusations. These are part of California’s “rape shield laws” pursuant to Evidence Code Section 1103. They apply in the following offenses:

  • Rape under Penal Code 261;
  • Spousal/marital rape under Penal Code 262;
  • Rape in concert under Penal Code 264.1;
  • Sodomy under Penal Code 286;
  • Oral copulation by force under Penal Code 288(a); and
  • Forcible penetration with a foreign object under Penal Code 289

When trying to prove the sexual encounter was consensual, this can put the defendant at a serious disadvantage. However, there are some circumstances that permit a defendant the ability to introduce evidence without the possibility of breaking the California “rape shield laws.”

As a defendant, you will need to closely work with your criminal defense attorney in order to have evidence such as this admitted into your case. “Habit evidence” about your alleged accuser’s prior sexual conduct may indicate their testimony is not trustworthy. “Habit” refers to information about the regular ways of acting your accuser has in particular situations. This type of evidence is admissible since it shows your alleged accuser acted according to their “habit” on the particular occasion of the rape allegation.

After you and your criminal defense attorney discuss specifics of the rape allegations against you, you’ll learn what your case’s strengths and weaknesses are, including risks about the possible conviction and punishment you may face if found guilty. Your criminal defense attorney will be able to negotiate a plea deal for you or decide whether the best course is to move forward to trial. Your criminal defense attorney will constantly work to ensure your best interests are met.

The criminal defense attorneys at Sevens Legal Criminal Lawyers, will use our experience to zealously defend you against your rape allegations. Contact Sevens Legal Criminal Lawyers today for a free consultation.

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Anthony Michael Hall Facing Felony Battery Chargeshttps://www.sevenslegal.com/blog/anthony-michael-hall-facing-felony-battery-charges/564/Thu, 01 Dec 2016 16:00:08 +0000https://www.sevenslegal.com/blog/anthony-michael-hall-facing-felony-battery-charges/564/Anthony Michael Hall, best known for his role in the '80s teen movie The Breakfast Club, was recently arrested for felony battery of his neighbor.Anthony Michael Hall, the actor best known for his role in the ’80s teen movie “The Breakfast Club,” was recently arrested for felony battery of his neighbor.

Actor is Facing Charges of Felony Battery

Hall was recently arrested for felony battery after allegedly breaking his neighbor’s wrist and injuring the man’s back. The September altercation at Hall’s condo complex in Playa del Rey, California, was captured on the security camera. The images show Hall hitting his neighbor, breaking the neighbor’s wrist and injuring the man’s back.

The Los Angeles County D.A. has charged Hall with felony battery with serious bodily injury. If convicted, Hall faces up to seven years in prison.

Should you find yourself in a similar position, with charges such as battery and assault, it’s advised that you work with a criminal defense lawyer.

Assault, Assault and Battery, or Aggravated Assault

The terms get thrown around a lot, but it’s important to understand the difference between assault, assault and battery, or v. While they all involve one person doing intentional harm to another person, crimes involving physical attacks can be assaults or batteries or both. Depending on the seriousness of the attack, charges can be elevated to the most serious one of aggravated assault.

“Assault”

Assault is defined as the intentional act of causing another person to be afraid they are going to experience physical harm. While this is a broad definition, since actual physical harm doesn’t have to be involved, assault is the fact that a person fears imminent harm from another person. The broadness of this definition permits the police to intervene to prevent any actual harm to the person.

“Simple” and “Aggravated Assault”

Depending on the seriousness of the potential harm that may occur to a victim, many states make a distinction between “simple” and “aggravated assault.” Aggravated assault is a felony which may involve an assault with a weapon, or the intention to commit a serious crime. It can also be classified as aggravated assault if there is any legally regarded “special protection” relationship involved. If the assault is classified as simple assault its usually charged as a misdemeanor. In some states the seriousness of the assault may be classified as “first,” “second,” or “third” degree assaults, in which case a “first” degree assault is the most serious one.

Assault with a Deadly Weapon

An assault with a deadly weapon is when a person accompanies a physical attack with a physical object that capable of inflicting serious bodily injury or death. All states classify assault with a deadly weapon as a felony because the use of a dangerous object automatically creates a risk of serious consequences.

Deadly Weapon

The term “deadly weapon” typically refers to a wide range of objects capable of inflicting bodily harm. Examples include cars, golf clubs, knives, and guns. Other things such as pocketknives, stones, shoes, canes, and walking sticks can become “deadly weapons” depending on how a person wields them.

Penalties for Assault in California

A defendant convicted of simple assault faces the following possible penalties:

  • up to one year in jail
  • a fine up to $2000, and
  • probation up to one year

(Cal. Penal Code § 241, 241.5, 241.6).

“Assault and Battery”

Assault and battery were originally considered to be separate crimes. While assault is the fear of impending physical harm, battery is defined as the actual physical harm done to a victim. While “assault” can be considered the beginning, “battery” can be consider the ending. Most statutes now do not make a distinction between these two offenses.

Penalties for Battery in California

Basic penalties for simple battery that are charged as a misdemeanor include:

  • up to one year in county jail
  • fine up to $2000, and
  • probation up to one year.

(Cal. Penal Code §§ 243, 243.2, 243.25, 243.3, 243.35, 243.6, 243.65, 243.8).

San Diego Aggravated Assault Lawyer

Certain assaults are considered aggravated assault when a person causes serious bodily injury purposely, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life. Assault with a deadly weapon, commonly referred to as ADW, is an aggravated assault because it is committed with any type of deadly weapon or by means of force that is likely to cause great bodily injury to another. ADW is a “wobbler,” meaning that, depending on the circumstances, prosecutors can charge it as either a misdemeanor or a felony.

California State Law

State battery law prohibits the willful and unlawful use of force or violence against anybody. The Penal Code includes specific code sections regarding battery against specified persons such as peace officers, police officers, fire fighters, emergency response technicians, school employees, and others. The Penal Code also establishes separate laws regarding battery in the context of domestic violence.

San Diego Sexual Battery Attorney - Penal Code Section 243.4(e)(1)

Another type of battery, sexual battery, is defined under Penal Code Section 243.4(e)(1). Misdemeanor sexual battery occurs when “(a)ny person … touches an intimate part of another person, if the touching is against the will of the person touched, and is for the specific purpose of sexual arousal, sexual gratification or sexual abuse.”

Contact a San Diego Assault and Battery Lawyer

The complexities of assault and battery laws are difficult for the average person to grasp, especially when a defendant finds themself charged under multiple sections of the Penal Code, all stemming from a single incident. This legal web is best negotiated with the assistance of qualified legal counsel like Sevens Legal Criminal Lawyers.

Why Work with a Criminal Defense Lawyer?

When faced with serious penalties or spending time in jail or prison, you need to retain a criminal defense lawyer to represent you in court. If you are facing an assault or battery charge, or a theft charge, a criminal defense attorney will investigate your case’s specifics and determine if you were wrongfully charged. They also will be able to identify if there are any other existing reasons for why the case should be dismissed before it goes to trial. If the charges are not dismissed before trial, a criminal attorney may be able negotiate a plea bargain with the prosecutor on your behalf. If a plea bargain cannot be negotiated, a criminal defense attorney will prepare your defense and represent you at trial.

Your Criminal Defense Lawyer

While a criminal defense lawyer isn’t a therapist, they may help you deal with the emotions that accompany criminal trials. They can help by explaining the realities of the legal system and discuss what you may be up against during trial. Since they are well versed in the system, your criminal defense lawyer can also go over court rules and regulations, and the best way to navigate through the system. Also critical in negotiating a reduced sentence are the “unwritten rules” which a criminal defense lawyer is also well versed in.

If you are faced with criminal charges and possible jail time, you need to consult a criminal defense lawyer as soon as possible. Contact Sevens Legal Criminal Lawyers today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Rehab Aid Accused of Sexual Assault and Insurance Fraudhttps://www.sevenslegal.com/sexual-assault/rehab-aid-accused-sexual-assault-insurance-fraud/562/Thu, 17 Nov 2016 16:00:32 +0000https://www.sevenslegal.com/sexual-assault/rehab-aid-accused-sexual-assault-insurance-fraud/562/Christopher Bathum, a self-described rehab mogul has been charged with sexual assault and defrauding insurers as part of a $175-million billing scheme.Prosecutors in Los Angeles have charged a self-described “rehab mogul” with multiple sexual assault offenses as well as defrauding insurers as part of a $175-million billing scheme.

“Rehab Mogul” Accused of Money Laundering and Sexual Assault

According to the Los Angeles County district attorney’s office, 55-year-old Christopher Bathum is facing accusations in two separate cases: sexually assaulting nine patients and laundering money. Bathum founded Community Recovery of Los Angeles, 19 sober-living facilities located throughout Southern California and Colorado. He has pleaded not guilty to all charges, including 12 counts of furnishing drugs and 34 counts of sexual assault-related offenses, including sexual exploitation, rape, and rape of an intoxicated person.

Prosecutors allege that between 2012 and 2016 Bathum sexually assaulted female clients and also provided some with drugs.

CFO Also Accused

Kirsten Wallace, chief financial officer from Bathum’s company, was also charged alongside Bathum for with 31 counts of money laundering, and additional charges for insurance fraud, grand theft, and identify theft. As alleged by the California Department of Insurance, Bathum and Wallace stole patients’ identities in order to obtain health policies. They also allegedly billed former clients for treatment they were no longer actively receiving. According to prosecutors, as a result of the scheme, five insurance companies paid out $44 million.

Insurance Fraud

Insurance fraud is often committed by business professionals, doctors, lawyers, chiropractors, and others who can make claims for damages or injuries that never really occurred. With this crime, the prosecutor’s goal is to prove the owner of the policy holder intended to defraud the insurance company in order to receive money they weren’t entitled to. Prosecutions in medical insurance fraud has also had a significant increase. Many times doctors and dentists have served prison terms after being convicted of such fraud against Medical and Dentical. Chiropractors also have been prosecuted for alleged false or misleading insurance billing. Crimes such as these are prosecuted by the Attorney General’s, District Attorney’s, or United States Attorney’s Office. Medical insurance fraud prosecutions normally begin when a search warrant is issued against the professional offices of a chiropractor, dentist, or doctor to produce documents. Many of these high profile medical fraud cases against medical professionals are prosecuted by a Medical Insurance Fraud Defense Attorney.

Bathum and Wallace Arrested

Bathum and Wallace were arrested this past week during a raid that included searches of 15 locations in Los Angeles and Orange counties. The investigation was set off following a sexual assault complaint filed this past May.

If Bathum and Wallace are convicted of these charges, each face up to 53 years in state prison. For the sexual assault case Bathum faces up to life in prison.

What is “Sexual Assault”

Sexual assault is defined as any type of sexual contact or behavior that occurs without the explicit consent of a recipient. Included under the term sexual assault are the following: forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape.

Addressing Sexual Assault Accusations

Sexual assault crimes are taken very seriously by the law. If you have been falsely accused you might assume that the charges will just be dropped because of how ludicrous they are to you. These types of allegations do not just “go away,” and you will need to be prepared if you are falsely accused.

Here are some things you can do:

1. Do not speak with police or investigators until you have contacted a criminal defense attorney. They might try different tactics to get you to admit to a crime you did not commit. Remember that they are always trying to build a case. Simply state that you will not speak with them unless there is an attorney present.

2. Get in touch with a qualified and experienced criminal defense attorney. You’ll want to do this as soon as possible, even if you just expect the charges to be dismissed. Prepare for what the allegations might bring. You will be asked to defend yourself, so you’ll need to be prepared. This means contacting witnesses that can testify or provide an alibi for you. You might also need to take psychological tests, or be asked to provide other evidence. Write down as many details as possible about what you remember.

3. Study. A criminal defense attorney will be able to guide you through fighting the allegations, but it’s in your best interest to understand the legal process and know your rights.

You will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal Criminal Lawyers.

If You Get Arrested for a Sex Crime

In 1966, the U.S. Supreme Court ruled in Miranda v. Arizona, that individuals arrested because they are believed to have committed a crime are allowed certain rights that must be explained to them. This must happen before any interrogation. It’s important to note that these rights only need to be read when a person has been taken into custody. “Miranda Rights” are meant to protect a suspect from self-incrimination and is protected under the Fifth Amendment of the U.S. Constitution.

Those “Miranda Rights” are as follows:

  • You have the right to remain silent and refuse to answer questions.
  • Anything you say may be used against you in a court of law.
  • You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
  • If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
  • If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

Why Work with a Criminal Defense Lawyer?

When faced with serious penalties or spending time in jail or prison, you need to retain a criminal defense lawyer to represent you in court. If you are facing an assault or battery charge, or a theft charge, a criminal defense attorney will investigate your case’s specifics and determine if you were wrongfully charged. They also will be able to identify if there are any other existing reasons for why the case should be dismissed before it goes to trial. If the charges are not dismissed before trial, a criminal attorney may be able negotiate a plea bargain with the prosecutor on your behalf. If a plea bargain cannot be negotiated, a criminal defense attorney will prepare your defense and represent you at trial.

After you have discussed the specifics of your case, your Sevens Legal Criminal Lawyers, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal Criminal Lawyers, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.

Sevens Legal Criminal Lawyers, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal Criminal Lawyers, criminal defense lawyers, call (619) 494-3440. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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AIOCLA’S 10 Best in California For Client Satisfactionhttps://www.sevenslegal.com/awards/aioclas-10-california-client-satisfaction/555/Mon, 14 Nov 2016 20:47:25 +0000https://www.sevenslegal.com/awards/aioclas-10-california-client-satisfaction/555/PRESS RELEASE10-best-2016-client-satisfaction

Samantha A. Greene Has Been Nominated and Accepted as a 2016 AIOCLA’S 10 Best in California For Client Satisfaction

The American Institute of Criminal Law Attorneys has recognized the exceptional performance of California’s Criminal Law Attorney Samantha A. Greene as 2016 10 Best Criminal Law Attorneys for Client Satisfaction.

The American Institute of Criminal Law Attorneys is a third-party attorney rating organization that publishes an annual list of the Top 10 Criminal Law attorneys in each state. Attorneys who are selected to the “10 Best” list must pass AIOCLA’s rigorous selection process, which is based on client and/or peer nominations, thorough research, and AIOCLA’s independent evaluation. AIOCLA’s annual list was created to be used as a resource for clients during the attorney selection process.

One of the most significant aspects of the selection process involves attorneys’ relationships and reputation among his or her clients. As clients should be an attorney’s top priority, AIOCLA places the utmost emphasis on selecting lawyers who have achieved significant success in the field of Criminal Law without sacrificing the service and support they provide. Selection criteria therefore focus on attorneys who demonstrate the highest standards of Client Satisfaction.

We congratulate Samantha A. Greene on this achievement and we are honored to have her as a 2016 AIOCLA Member.

You can contact Samantha A. Greene directly at 619-297-2800 or www.sevenslegal.com.

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Nightclub Owner Sentenced for Money Laundering and Drug Traffickinghttps://www.sevenslegal.com/blog/nightclub-owner-sentenced-money-laundering-drug-trafficking/560/Thu, 03 Nov 2016 15:00:21 +0000https://www.sevenslegal.com/blog/nightclub-owner-sentenced-money-laundering-drug-trafficking/560/A Pico Rivera nightclub owner has been sentenced to prison for laundering money as part of a drug-trafficking ring.A Pico Rivera nightclub owner has been sentenced to prison for laundering money as part of a drug-trafficking ring.

Edgar Fragoso Sentenced in Money Laundering and Drug Trafficking Case

According to authorities, Edgar Fragoso, the owner and general manager of El Rodeo nightclub has been arrested for his involvement in a drug-trafficking ring operating throughout the United States and Mexico.

Fragoso admitted to laundering about $235,000 in cash through his nightclub located in Washington Boulevard in Pica Rivera. As part of his plea deal, Fragoso agreed he would surrender the liquor license for the nightclub. The plea deal called for all charges except for one for money laundering to be dismissed.

DEA Raided Nightclub

In 2015 Drug Enforcement Administration agents raided the nightclub in addition to Fragoso’s Hacienda Heights home. An undercover investigation, triggered by the 2012 arrest of two people who were trafficking methamphetamine in Texas, revealed that the nightclub owner had ties to an illegal drug trade.

As part of the drug-trafficking ring, the nightclub was a drop-off point. According to undercover operatives working for the DEA, as much as $150,000 in cash would be handed over at a time. During those undercover operations, Fragoso often openly discussed the various methods he used to launder the illicit funds.

According to a spokesman for the U.S. attorney’s office, Fragoso received a two-year split-sentence of prison and home detention. Additionally, Fragoso will need to pay a $14,000 fine as well as complete a three-year term of supervised release. He posted his bail of $100,000 and was released.

Money Laundering

Money laundering, often referred to as a “white collar crime” is the act by which criminals disguise the original ownership of funds so that it appears to have derived from a legitimate source. Money laundering happens not only within the nation, but quite often throughout various nations, as it is often easy for criminals to transfer funds to off-shore accounts. While there are numerous money-laundering techniques, the Treasury’s initiative hopes to crack down most on shell companies. Shell companies are fake companies that are established to take in money as payment for goods or services that are not actually offered, thus providing a place to “hide” the money that it receives. Fake invoices and balance sheets are a way to make transactions appear valid and legitimate.

Money Laundering and Concealment

According to the International Monetary Fund (IMF), the amount of money laundered every year is estimated to be between $600 billion and $1.5 trillion.

A large aspect of money laundering, and being convicted of money laundering has to do with concealment. For money laundering charges to be brought, a prosecutor must show that the person concealed money specifically in order to conceal the ownership and source of the money, as well as control of the money, as to make it appear as if it came from a legitimate source.

Proving concealment is key. For example, if you make a $10,000 profit from privately selling your car and then try to hide that income from the IRS, you have not committed “money laundering.” Yes, you’ve violated tax laws, but because your sale was legal, money laundering charges cannot be brought.

Penalties for Money Laundering

There are state and federal laws regarding penalties for money laundering. Typically, being convicted of committing money laundering results in fines, prison, probation, or a combination of these penalties.

Prison

While money laundering is typically charged as a felony offense, some states charge it as a misdemeanor. A misdemeanor money laundering conviction can result in a year-long jail sentence. Felony convictions carry penalties of a year or more in prison. In situations where a person is a repeat offender and money laundering was part of an ongoing criminal enterprise, or if money laundering was related to terrorist activities, prison sentences can be 35 years or more.

Fines

The fines associated with a money laundering conviction can be steep. A misdemeanor money laundering conviction can mean fines up to no more than a few thousand dollars. A federal conviction can result in fines of up to $500,000 or double the amount of money that was laundered, whichever is greater.

Probation

A court can also impose a probation sentence for money laundering convictions. This probation usually lasts for at least one year, but sometimes as long as three years or more. During the time someone is on probation he or she will have to meet specific probation conditions, including: regularly reporting to a probation officer, allowing the officer to conduct random home checks, taking random drug tests, and not committing other crimes. Violation of probation can cause a court to revoke probation. If this happens, a person will most likely need to serve a prison term, face additional fines, increased probation period, and/or face other penalties.

Being Charged with a Federal Crime

Being investigated or charged with a crime by a federal agency is a sobering and often intimidating situation. The Federal Government can use an array of powerful investigative tools as well as having access to judicial assistance to build a case against you. Federal prosecutors have the power to create a task force from various law enforcement agencies at all levels - federal, state and local- into a powerful prosecution team. Accordingly, federal prosecuting attorneys have the ability to bring tremendous resources against you, and they will not hesitate to do so.

Federal Crime Definition

Crimes are defined as federal crimes when they either cross state lines, involve a federal agency (e.g., the post office, federally insured banks, the SEC and HUD) or involve the Internet. The most common cases prosecuted at the Federal level include drug trafficking, bank robbery, and Internet pornography, but also white-collar offenses such as mail fraud, wire fraud, bank fraud, and money laundering.

As with any criminal charge, you will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal Criminal Lawyers.

Drug Charges

Drug charges can stem from minor to more serious offenses and at Sevens legal you can find a Criminal Defense Attorney for a number of drug related crimes. Regardless of the drug related crime, choosing Sevens Legal will help with protecting your rights and freedom and lead towards a positive outcome.

Some common drug charges include the following:

  • Simple possession and possession for sale or distribution
  • DUI involving drug possession
  • Heroin manufacturing
  • Money Laundering
  • Cultivation of Marijuana
  • Drug Trafficking or smuggling
  • Juvenile or student drug offenses
  • Unauthorized possession or sale of prescription drugs
  • Drug Possession

Being convicted of any drug crime is a serious matter. Most drug charges can carry heavy convictions, fines and stay on your personal record, which can affect your job, buying a home or getting a loan. If you are convicted for any drug related crime, it is in your best interest to seek a criminal defense attorney and never accept any deal without speaking to an attorney first. Drug charges range from minor possession to a more serious charge of drug manufacturing, whatever the charges are, know that you can find guidance with your case.

After you have discussed the specifics of your case, your Sevens Legal Criminal Lawyers, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal Criminal Lawyers, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.

Sevens Legal Criminal Lawyers, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal Criminal Lawyers, criminal defense lawyers, call (619) 430-2355. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Shailene Woodley Arrested for Trespassinghttps://www.sevenslegal.com/blog/shailene-woodley-arrested-trespassing/546/Thu, 13 Oct 2016 15:00:36 +0000https://www.sevenslegal.com/blog/shailene-woodley-arrested-trespassing/546/Shailene Woodley is speaking out via Instagram after being arrested for trespassing in North Dakota protesting against the Dakota Access Pipeline.Shailene Woodley is speaking out via her Instagram after being arrested for trespassing in North Dakota during a peaceful protest against the construction of the Dakota Access Pipeline.

Shailene Woodley Arrested in North Dakota for Trespassing

“One day, baby, we’ll sing our poetry. The words dripping from our tongues wet with ripened patience,” The Fault in Our Stars actress wrote on her Instagram post. “And the lyrics, the sweet fruits born from the seeds our aging hands are now sowing. #alwaysinallways #heartforward #uptous #NoDAPL #protectcleanwater #iamonyourside.”

Earlier this week the actress’ rep confirmed that Woodley had been released from Morton County Jail following an arrest for trespassing.

Fans and followers of the actress were able to watch her arrest via Facebook Live. The actress was in the midst of live streaming when she was arrested.

“I don’t know if you guys just heard me, but I was walking back to my RV, which is right there so that we can go back to camp peacefully and they grabbed me by my jacket and said that I was not allowed to continue,” she said to the camera. “And they had giant guns and batons and zip ties and they’re not letting me go.”

When Woodley attempted to ask the cop a question, the officer responded, “We can’t talk right here, but you’re going to be placed under arrest for criminal trespassing.”

The Morton County Sheriff later confirmed Woodley had been arrested for criminal trespassing along with twenty six other people.

“She appreciates the outpouring of support, not only for her, but more importantly, for the continued fight against the construction of the Dakota Access Pipeline,” Shailene’s rep shared following Woodley’s release from jail.

Trespassing in California

The trespassing laws in California cover many situations ranging from the ordinary to highly unusual, some of which are difficult to figure out.

Trespassing often means walking into any area that has posted a “No Trespassing” sign. However, trespassing also includes an individual being on vacant property or in a vacant building whether it’s posted or not. claiming that you didn’t realize you were trespassing isn’t a defense.

Definition of Trespassing

Trespassing under California Penal Code Section 602, is defined as the willful entering of another person’s property with the specific intent to interfere with the person’s property rights. “Willful” is defined as deliberately or on purpose. “Specific intent” means the person intended not only to do something but to do something that will cause consequences to the act. An example is loitering in a person’s business with the consequence of interfering with the business or the location of the business.

When Entry Becomes Trespassing

Even if another person gives you the right to enter their land, property, or building, the minute you commit a wrong act after entering it becomes trespassing. For example, a mail person has the right and privilege to walk on the sidewalk of a private home, but he’s not entitled to enter the house. This is to prevent breaches of the peace in order to protect the quiet possession of real property.

A store owner may consider that you’re trespassing if you enter their business, loiter for awhile, and then leave without purchasing anything. If a homeless person takes up residence in an abandoned house or building for days or weeks without permission, local governments usually consider this trespassing.

Any unlawful entry onto somebody else’s property is trespassing, even if no harm has been done.

Proving Trespassing

To prove trespassing, the plaintiff just needs to show the defendant intended to do something wrong as a result of the trespass. The person trespassing can’t use the excuse that they didn’t believe they had done something wrong or that they didn’t understand what they did was wrong.

If you have been accused of trespassing you need the expert experience of a criminal defense attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Miranda Rights and Police

In 1966, the U.S. Supreme Court ruled in Miranda v. Arizona, that individuals arrested because they are believed to have committed a crime are allowed certain rights that must be explained to them. This must happen before any interrogation. It’s important to note that these rights only need to be read when a person has been taken into custody. “Miranda Rights” are meant to protect a suspect from self-incrimination and is protected under the Fifth Amendment of the U.S. Constitution.

Those “Miranda Rights” are as follows:

  • You have the right to remain silent and refuse to answer questions.
  • Anything you say may be used against you in a court of law.
  • You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
  • If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
  • If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney.
  • Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

Interrogations by Police

Regardless of if you are informally interrogated by a police officer (such as during a pullover for a traffic violation) or formally interrogated for a crime, remember that there are specific laws that protect you. An officer will use any number of tactics to get a confession from you, regardless of you are guilty or not. It has been shown in clinical research that these tactics are effective in getting confessions from people who are later exonerated by DNA, and thus have always been innocent.

There are two key things to remember if you are being interrogated:

1. Interrogations are set up and conducted to produce confessions - even from the innocent

2. The best way to protect yourself is to remain quiet about anything. Do not make a statement without first talking to a criminal defense attorney. The best way to not incriminate yourself is to not say anything at all.

If You End Up In Jail for a Crime Such as a Trespassing Crime

If you are detained in jail, remember there are still ways to incriminate yourself. There are some general guidelines you should follow, including the following:

  • Do not discuss anything over the phone. This is often recorded and can be overheard.
  • Do not discuss with fellow in-mates. Remember that anyone in jail is looking for a way out. That could include providing information about you in order to improve their position with the state.
  • Do not make statements or answer questions without an attorney present.
  • Never waive your rights to something without first speaking with an attorney.
  • Know how to be steadfast with your requirement that an attorney be present during any interrogation or questioning.

Jail and Bond

Unless you are dealing with a minor charge, your bond will probably not be set until you appear before a judge during an arraignment. An arraignment is the first part of courtroom-based proceedings. This is what happens during an arraignment:

  • The person charged goes before a criminal court judge
  • The judge reads the charges against the person
  • The judge asks the person if he or she has an attorney or if they need the assistance of a court-appointed attorney
  • The judge asks the person if they will plead “guilty,” “not guilty,” or “no contest.”
  • The judge sets a bail amount, if necessary
  • The judge announces the date of the future proceedings, such as a preliminary hearing, pre-trial motion, or trial.

During an arraignment, you want to make sure you have the best possible outcome from your case. Ensure that you understand everything that you are being charged with. Make sure you have received counsel.

Working with a Criminal Defense Attorney

Criminal charges can be complex, requiring much gathering of evidence and information. It’s highly advised that you work with an experience criminal defense attorney that will be able to advise you on the best defense.

If you or loved ones is accused or charged with any type of crime call us. Let us support and help you during this tough time. Our firm award winning attorneys provides hope and peace of mind. The Sevens Legal Criminal Lawyers office is located in both San Diego and Escondido. We have time and time again helped Southern California residents get their cases dismissed or penalties reduced.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Underage Chipotle Employee Awarded $7.65 in Sexual Assault Settlementhttps://www.sevenslegal.com/blog/underage-chipotle-employee-awarded-765-sexual-assault-settlement/544/Thu, 06 Oct 2016 15:00:06 +0000https://www.sevenslegal.com/blog/underage-chipotle-employee-awarded-765-sexual-assault-settlement/544/An underage former employee of Chipotle recently received a $7.65 million settlement following the sexual harassment lawsuit.An underage former employee of Chipotle recently received a $7.65 million settlement following the sexual harassment lawsuit she and her mother brought against an adult supervisor of the restaurant chain.

Underage Chipotle Employee Receives $7.65 in Sexual Assault Settlement

A 16-year-old former employee of Chipotle has won a settlement of $7.65 million after she was repeatedly sexually harassed by her adult supervisor while working at the burrito-chain. After just a few hours of deliberation, the jury found Chipotle at fault for not properly supervising its employees conduct.

According to Adrian Villacorta, the victim’s attorney, managers of the Houston-area Chipotle where the girl was employed encouraged the teen to have unprotected sex during work hours and while on breaks. The suit was filed originally in 2014 and claims that both the manager and supervising manager were involved in the sexual harassment of the teen.

“The fact of the matter is that these sexual assaults were being committed by managers,” said Villacorta. “These aren’t low-level crew members. These are managers, agents of the corporation. So the jury grasped on to that concept - that the manager who was committing sexual assaults and an upper level manager who helped facilitate the assaults, were Chipotle. What they knew, Chipotle knew.”

The girl’s former manager has allegedly fled to Mexico and his exact whereabouts remain unknown. Additionally, the manager continued to receive promotions, according to Villacorta, even after the sexual assaults were reported. The manager was eventually fired, but not because of the sexual assault charges, but instead because it was determined he had lied during the on-going investigation, according to Villacorta.

Victim Received $7.65 Settlement

The girl eventually quit her job as a result of the sexual assault she was subjected to. “The thing that sets this case apart is that the victim was a child,” says Villacorta. “She was 16 years old. And Chipotle was trying to make a defense that a 16-year-old can welcome sexual conduct. And the laws of the state of Texas clearly provide that if you’re under 17, you cannot consent to sexual activity.”

Chipotle might appeal the case, according to Villacorta. “At no point has Chipotle ever even apologized for this,” says Villacorta. “And I find that reprehensible. They refuse to take any type of responsibility.”

Chipotle spokesperson Chris Arnold made this statement: “none of [Chipotle’s] employees were made aware of this relationship which took place outside of work.”

Chipotle also provided the following statement:

We care deeply about all of our employees, but even our rigorous policies specifically designed to protect our employees cannot prevent private relationships that happen away from the workplace during non-work hours, such as occurred in this case. We continue to offer our support for this former employee, and hope for her wellbeing. Chipotle goes to great lengths to provide safe and productive work environments. We have internal policies, procedures, and training to address issues and potential problems between employees if ever they arise. None of our employees were made aware of this relationship which took place outside of work. We learned of it only when the former employee’s parents demanded money and filed a lawsuit, and by that time neither of the employees worked for the company any longer.

What is “Sexual Assault”

Sexual assault is defined as any type of sexual contact or behavior that occurs without the explicit consent of a recipient. Included under the term sexual assault are the following: forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape.

Addressing Sexual Assault Accusations

Sexual assault crimes are taken very seriously by the law. If you have been falsely accused you might assume that the charges will just be dropped because of how ludicrous they are to you. These types of allegations do not just “go away,” and you will need to be prepared if you are falsely accused.

Here are some things you can do:

1. Do not speak with police or investigators until you have contacted a criminal defense attorney. They might try different tactics to get you to admit to a crime you did not commit. Remember that they are always trying to build a case. Simply state that you will not speak with them unless there is an attorney present.

2. Get in touch with a qualified and experienced criminal defense attorney. You’ll want to do this as soon as possible, even if you just expect the charges to be dismissed. Prepare for what the allegations might bring. You will be asked to defend yourself, so you’ll need to be prepared. This means contacting witnesses that can testify or provide an alibi for you. You might also need to take psychological tests, or be asked to provide other evidence. Write down as many details as possible about what you remember.

3. Study. A criminal defense attorney will be able to guide you through fighting the allegations, but it’s in your best interest to understand the legal process and know your rights.

You will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal Criminal Lawyers.

If You Get Arrested for a Sex Crime

In 1966, the U.S. Supreme Court ruled in Miranda v. Arizona, that individuals arrested because they are believed to have committed a crime are allowed certain rights that must be explained to them. This must happen before any interrogation. It’s important to note that these rights only need to be read when a person has been taken into custody. “Miranda Rights” are meant to protect a suspect from self-incrimination and is protected under the Fifth Amendment of the U.S. Constitution.

Those “Miranda Rights” are as follows:

  • You have the right to remain silent and refuse to answer questions.
  • Anything you say may be used against you in a court of law.
  • You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
  • If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
  • If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

Why Work with a Criminal Defense Lawyer?

When faced with serious penalties or spending time in jail or prison, you need to retain a criminal defense lawyer to represent you in court. If you are facing an assault or battery charge, or a theft charge, a criminal defense attorney will investigate your case’s specifics and determine if you were wrongfully charged. They also will be able to identify if there are any other existing reasons for why the case should be dismissed before it goes to trial. If the charges are not dismissed before trial, a criminal attorney may be able negotiate a plea bargain with the prosecutor on your behalf. If a plea bargain cannot be negotiated, a criminal defense attorney will prepare your defense and represent you at trial.

After you have discussed the specifics of your case, your Sevens Legal Criminal Lawyers, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal Criminal Lawyers, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.

Sevens Legal Criminal Lawyers, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal Criminal Lawyers, criminal defense lawyers, call (619) 494-3440. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

]]>
Donald Trump and Stop-and-Frisk Laws in Californiahttps://www.sevenslegal.com/blog/donald-trump-stopandfrisk-laws-california/542/Thu, 29 Sep 2016 15:00:58 +0000https://www.sevenslegal.com/blog/donald-trump-stopandfrisk-laws-california/542/Donald Trump touted the tactics of stop-and-frisk to combat urban crime, a controversial policing tactic deemed unconstitutional by a federal judge.During the presidential debates this week Donald Trump touted the tactics of “stop-and-frisk” as a way of combating urban crime. The controversial policing tactic was actually deemed unconstitutional by a federal judge. Below we discuss the stop-and-frisk laws that exist in California and what to do if you are stopped and arrested or held by police officers.

California Stop-and-Frisk Laws

California’s law of “stop-and-frisk” (also known as “Terry stops”) has two basic tenets:

1.) Police are able to temporarily detain a suspect in a public place-even without a valid arrest warrant-if they have a “reasonable suspicion” that the suspect has been involved in criminal activity; and

2.) Police are able to conduct a pat-down search (also known as a “frisk”) of a suspect’s outer clothing to look for weapons if they have a justifiable belief that the suspect may be armed and dangerous.

The laws of stop-and-frisk are rooted in the Fourth Amendment to the U.S. Constitution. Under this Amendment, a person has the legal right to be free from unreasonable “searches and seizures” conducted by law enforcement.

A temporary detention conducted without an arrest warrant is called a “seizure,” and a pat-down search for weapons is called a “search.”

Know Your Rights with Stop-and-Frisk

It is a serious civil rights violation if you have been detained and been a victim of an illegal stop-and-frisk. Often times this happens when a police officer stops and frisks a suspect without good cause. In this instance, evidence obtained via the illegal stop-and-frisk cannot be used to charge a suspect with a crime.

If you have been the victim of an illegal stop-and-frisk, you should immediately contact a criminal defense lawyer.

Your Rights if You Get Pulled Over

Whether it be criminal charges, or simply being pulled over for speeding, chances are if you haven’t had an interaction with a police officer, at some point you will. It can be scary, and often feel as if you are assumed guilty - even for minor infractions. Because of that, it’s important to know that you have legal rights that protect you. Below we outline some of those rights so that you feel prepared should you need to interact with police officers.

Being pulled over by a police officer can be incredibly stressful. From the moment those lights turn on you immediately start questioning what you did wrong and how you are going to prove you are innocent. It’s important to remain calm and follow these guidelines:

  • Look for a convenient area to pull over - make sure it is safe for the officer to pull in behind you. Also, if it is dark, you might decide to pull over to an area that is well lit.
  • All of these actions will show the police officer that you are taking their safety into account.
  • Slow down, turn on your turn signal and pull over
  • Take the keys out of the ignition and place them on the dash
  • Relax and take a deep breath
  • Roll down your driver’s side window
  • Turn on interior lights if it is dark
  • Make sure all your movements are slow so that the officer can watch you and ensure that you are not drawing a weapon or hiding something
  • Do not reach for anything, but rather, place your hands on the steering wheel
  • When the officer approaches, allow him or her to speak first. Typically he or she will ask for your license and registration.
  • Reach for them slowly and deliberately, hand them to the officer, and then place your hands back on the wheel
  • Be polite and answer any questions asked of you
  • Follow any orders given to you by the officer

Getting pulled over can be stressful, but as long as you make the officer feel comfortable and safe and you act responsibly, you have a better chance of getting through the experience.

Police and Search Warrants

On TV, or in movies, you often hear that a police officer needs a “search warrant” to enter a home. That’s exactly correct. A search warrant allows an officer the legal right to enter a home or business to look for evidence. Typically a search warrant will include everything contained in the property’s perimeter, including outbuildings and automobiles that are on the property.

An officer is required to knock, announce himself, and use force to enter unless the warrant specifically states the officer can make an unannounced entry. Also, a police officer does not have to “wait” for admittance by the occupant.

The police officer also does not need to display the warrant to the occupant or owner before entering.

Under the search warrant, an officer cannot search the person of anyone found on the premises unless there is reasonable cause to believe that person is engaged in criminal activity or poses a threat to officer safety.

Grounds for Police Issuing Search Warrant

Under California law, these are the requirements for issuing a search warrant:

  • The property was stolen or embezzled
  • The property to be seized is evidence that a felony has occurred or that a particular person has committed a felony
  • The property is child pornography
  • There is a warrant to arrest a person
  • The property to be seized is in possession of someone who intends to use it to commit a crime, or the property is in possession of another person to whom he/she may have delivered it for the purpose of concealing it or keeping it from being discovered
  • A firearm or other deadly weapon was used at the scene of a crime
  • A mentally disturbed person is in possession of a firearm
  • A person subject to a protective order or restraining order is in possession of a firearm and refuses to relinquish it
  • During an investigation of certain misdemeanor crimes where a felony is also suspected
  • An investigator has shown probable cause to a judge.

A Note About Exemptions: Attorneys, doctors, psychologists, and clergy are exempt from searches of professional records that might be in their possession unless they are suspected of criminal activity themselves.

Miranda Rights and Police

In 1966, the U.S. Supreme Court ruled in Miranda v. Arizona, that individuals arrested because they are believed to have committed a crime are allowed certain rights that must be explained to them. This must happen before any interrogation. It’s important to note that these rights only need to be read when a person has been taken into custody. “Miranda Rights” are meant to protect a suspect from self-incrimination and is protected under the Fifth Amendment of the U.S. Constitution.

Those “Miranda Rights” are as follows:

  • You have the right to remain silent and refuse to answer questions.
  • Anything you say may be used against you in a court of law.
  • You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
  • If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.

If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

Interrogations by Police

Regardless of if you are informally interrogated by a police officer (such as during a pullover for a traffic violation) or formally interrogated for a crime, remember that there are specific laws that protect you. An officer will use any number of tactics to get a confession from you, regardless of you are guilty or not. It has been shown in clinical research that these tactics are effective in getting confessions from people who are later exonerated by DNA, and thus have always been innocent.

There are two key things to remember if you are being interrogated:

  • Interrogations are set up and conducted to produce confessions - even from the innocent
  • The best way to protect yourself is to remain quiet about anything. Do not make a statement without first talking to a criminal defense attorney. The best way to not incriminate yourself is to not say anything at all.

Working with a Criminal Defense Attorney

Criminal charges can be complex, requiring much gathering of evidence and information. It’s highly advised that you work with an experience criminal defense attorney that will be able to advise you on the best defense.

If you or loved ones is accused or charged with any type of crime call us. Let us support and help you during this tough time. Our firm award winning attorneys provides hope and peace of mind. The Sevens Legal Criminal Lawyers office is located in both San Diego and Escondido. We have time and time again helped Southern California residents get their cases dismissed or penalties reduced.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Drug Charges for Jim Carrey?https://www.sevenslegal.com/blog/drug-charges-jim-carrey/541/Thu, 22 Sep 2016 15:00:43 +0000https://www.sevenslegal.com/blog/drug-charges-jim-carrey/541/A lawsuit has been brought against Jim Carrey that alleges he gave deadly substances to his girlfriend Cathriona White resulting in her overdose.A lawsuit has been brought against Jim Carrey that alleges that used his “immense wealth and celebrity status” to obtain and distribute deadly substances to his girlfriend Cathriona White. White was found dead of an apparent suicidal overdose last year.

Drug Charges Against Jim Carrey?

The lawsuit has been brought by White’s estranged husband, Mark Burton and alleges that “drugs that caused White’s death … all came from three pill bottles found near her body bearing the name ‘Arthur King.’” As written in the lawsuit, “Arthur King” is the false name Carrey often used to procure the illegal pills.

Mr. Carrey did so despite the fact that he knew full well that Ms. White was ill equipped to ingest and manage highly additive prescription drugs outside the care of a licensed physician; was prone to depression; and had previously attempted to take her own life,” the lawsuit states.

Carrey has since denied all allegations, and released this statement: “I will not tolerate this heartless attempt to exploit me or the woman I loved. Cat’s troubles were born long before I met her and sadly her tragic end was beyond anyone’s control. I really hope that some day soon people will stop trying to profit from this and let her rest in peace.”

It will be interesting to watch where this case goes, if it goes anywhere. While Carrey could be charge with wrongful death, there are other potential drug crimes he could be charged with. Below we discuss some common drug crimes and how to protect yourself if you are accused of committing one.

What is a Conspiracy to Distribute?

When a person has been charged with “Conspiracy to Possess with Intent to Distribute” there are usually multiple violations that have occurred. This charge means the defendant played an active role along with another person in the planning of possessing or distributing an illegal controlled substance.

The addition of a second person - seen as a collaboration - is the reason that the word “conspiracy” is used. While it only takes two or more people to receive the conspiracy, it should be noted that in a conspiracy charge a crime does not actually have ti take place. The prosecution will only need to show that there was intent to commit a crime to prove the case.

Penalties for Conspiracy to Distribute

Under federal law, the penalty for possession with the intent to distribute is dictated by the Federal Sentencing Guidelines. Once convicted, a second hearing for sentencing is held. The federal judge determines the sentence, and will follow guidelines accordingly. The consequences in terms of fines and length of imprisonment vary widely depending upon the controlled substance and whether the person convicted has a prior history of crime. Graves received a life sentence because as U.S. District Judge Dana Sabraw noted, Graves had been involved in numerous crimes. From 1976 to 2012 the West Coast Crips gang member had amassed more than a dozen felony and misdemeanor convictions, ranging from voluntary manslaughter to multiple drug offenses and gun offenses.

Other Drug Charges

Drug charges can stem from minor to more serious offenses and at Sevens legal you can find a Criminal Defense Attorney for a number of drug related crimes. Regardless of the drug related crime, choosing Sevens Legal will help with protecting your rights and freedom and lead towards a positive outcome. Some common drug charges include the following:

  • Simple possession and possession for sale or distribution
  • DUI involving drug possession
  • Heroin manufacturing
  • Money Laundering
  • Cultivation of Marijuana
  • Drug Trafficking or smuggling
  • Juvenile or student drug offenses
  • Unauthorized possession or sale of prescription drugs
  • Drug Possession

Being convicted of any drug crime is a serious matter. Most drug charges can carry heavy convictions, fines and stay on your personal record, which can affect your job, buying a home or getting a loan. If you are convicted for any drug related crime, it is in your best interest to seek a criminal defense attorney and never accept any deal without speaking to an attorney first. Drug charges range from minor possession to a more serious charge of drug manufacturing, whatever the charges are, know that you can find guidance with your case.

Choosing a great criminal defense attorney will help your case and often reduce charges. The experience and knowledge needed to deal with a drug charge can be found at Seven’s Legal. Sevens Legal is well versed in a variety of drug charges that you may be convicted of and their experience is endless. At Sevens Legal you will find a successful team that is passionate about representing their clients. If you find yourself charged with any drug crime, it is imperative that you seek a knowledgeable criminal defense attorney that will guide you through the legal system and help with reducing your charges.

Methamphetamine

Methamphetamine use has grown in recent year in the state of California, leaving law officers eager to convict individuals for possession of illegal methamphetamines and stop illegal distribution. You may be charged with a misdemeanor or a felony depending on your criminal history. If you are convicted of a misdemeanor possession you may face up to one year in jail, while a felony possession charge can carry a conviction of 16 months, 2 years or 3 years of jail time. Many times if you are charged with having possession of a large quantity of methamphetamines, you may be charged with intent to sell, which will carry stiff penalties. Charges may include, Possession of Methamphetamines, Possession of Methamphetamines for sale and transportation for selling methamphetamines.

California is one of two-dozen states that have legalized marijuana for medical use. Recreational use of marijuana is still illegal in the state of California and possessing marijuana or intent to sell marijuana can carry heavy convictions. Although sentencing for marijuana has been pulled back in recent years, one ounce of marijuana or 28.5 grams is an infraction; police often get around this provision by charging minor offenders with felony intent to sell. You may find yourself being charged with intent to sell if you have cash, scales, and large amounts of marijuana or marijuana in bags on your persons. Due to proposition 36 and other legislation, if you are convicted of a misdemeanor marijuana charge you may find yourself paying a small fine. Charges are often reduced or dropped for first time offenders with the help of a criminal defense attorney.

Marijuana

Possession of marijuana is a misdemeanor under California Health and Safety Code Section 11357. Possession of one ounce (28.5 gms) or less is punishable by a maximum $100 fine; jail time is possible for larger amounts or for hashish, which is an optional felony (“wobbler”).

Possession offenders can avoid conviction by making a preguilty plea under penal code 1000, in which case their charges are dismissed upon successful completion of a diversion program. Possession offenses are expunged from the record after two years under Health and Safety Code Sections 11361.5 and 11361.7.

Possession with intent to sell any amount of marijuana is a felony. Health and Safety Code 11359. There is a medical exemption in HS11362.775.

Cultivation of any amount of marijuana is a felony under Health and Safety Code 11358. People who grow for personal use are eligible for diversion under Penal Code 1000 so long as there is no evidence of intent to sell. There are no fixed plant number limits to personal use cultivation.

Sale, transportation or distribution of marijuana is a felony under Health and Safety Code Sections 11360.Transporting or giving away (furnishing) one ounce or less is a misdemeanor punishable by a maximum $100 fine. There is a medical exemption in HS11362.775. Using a minor in the unlawful sale or transport of marijuana is a felony punishable by 3-7 years imprisonment. Inducing a minor to use marijuana is also a felony punishable by 3-7 years imprisonment. Health and Safety Codes you may be charged with include:

  1. Possession for personal use- Health & Safety Code 11357
  2. Cultivation- Health & Safety Code 11358
  3. Possession with Intent to sell- Health & Safety Code 11359
  4. Sale, Gift, Transport or Import- Health and Safety Code 11360
  5. Sale to a Minor- Health & Safety Code 11361

DUI with Marijuana

Driving under the influence of Marijuana is a crime in California under vehicle code 23152 (e) VC. However, the law does not specify any particular amount of THC in the bloodstream automatically established impairment, making the crime difficult to prove.

California Proposition 36 (2000)

The Substance Abuse and Crime Prevention Act of 2000, Proposition 36, allows qualifying defendants convicted if non-violent drug possession offenses to receive a probationary sentence instead of being incarcerated. Defendants are required to participate in and complete a licensed or certified community drug treatment program. Compliance with the program in necessary or probation is revoked and you may be required to serve an additional sentence that may include jail time.

Proposition 47

On November 4, 2014, voters approved Proposition 47, which among other things, reduced drug possession for personal use to a misdemeanor.

Drug charges can stem from minor to more serious offenses and at Sevens legal you can find a Criminal Defense Attorney for a number of drug related crimes. Regardless of the drug related crime, choosing Sevens Legal will help with protecting your rights and freedom and lead towards a positive outcome if you have been charged with:

  • Simple possession and possession for sale or distribution
  • DUI involving drug possession
  • Heroin manufacturing
  • Money Laundering
  • Cultivation of Marijuana
  • Drug Trafficking or smuggling
  • Juvenile or student drug offenses
  • Unauthorized possession or sale of prescription drugs

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

]]>
An Update to California's Sexual Assault Lawshttps://www.sevenslegal.com/assault/update-californias-sexual-assault-laws/538/Thu, 08 Sep 2016 15:00:21 +0000https://www.sevenslegal.com/assault/update-californias-sexual-assault-laws/538/Recently, California lawmakers agreed to a bill that would close a loophole in the state's sexual assault laws.Recently, California lawmakers agreed to a bill that would close a loophole in the state’s sexual assault laws.

Sexual Assault Laws in California

20-year-old Stanford student, Brock Turner, was recently convicted of sexual assault on an unconscious woman behind a dumpster in early 2015. During the Turner case, it came to public attention that under current CA law, prison time is required for those convicted of sexual assault only if the crime involves a victim that is able to defend himself or herself. So if a victim is unconscious, like in the Turner case, then prison time is not required.

Turner was convicted of assault with intent to commit rape of an intoxicated woman, sexually penetrating an intoxicated person with a foreign object, and sexually penetrating an unconscious person with a foreign object, but only received six months in jail for the crimes. The judge presiding over the case ruled that a longer sentence might have a “severe impact” on him. The ruling caused significant outrage, and a push from lawmakers to update laws regarding sexual assault.

“Sexually assaulting an unconscious or intoxicated victim is a terrible crime,” said Democratic Assemblyman Bill Dodd, who also co-authored the legislation, “and our laws need to reflect that.”

The new bill seeks to strip judges of their ability to sentence offenders to only probation in cases of sexual assault where the victim is incapacitated or unconscious. Had the passed bill been in effect while Brock was being convicted, the student would have faced a minimum of three years in prison. CA Gov. Jerry Brown will just need to sign off on the bill for it to be made law.

What is “Sexual Assault”

Sexual assault is defined as any type of sexual contact or behavior that occurs without the explicit consent of a recipient. Included under the term sexual assault are the following: forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape.

What is Rape? Penal Code Section 261 PC

When they hear the term rape, many people create a mental image of an assault committed by means of violent physical force. The reality is, however, that rape is any non-consensual sexual activity, including those accomplished without physical means, using such methods as drugs or guile. Any form of sexual conduct forced on a person against their will through means of violence, menace, duress, fear of injury, or other danger is rape under California law.

There are a number of statutes in California that pertain to rape, all of which are among the most serious of criminal offenses with which an individual can be charged.

The most common type of rape (Penal Code Section 261 PC) is defined as criminal offense that involves nonconsensual sexual intercourse by means of threats, force, or fraud. At its core, this form of rape involves vaginal or anal penetration that includes force by instrumentation on someone, conscious or unconscious, or on any victim unable to consent.

Date Rape

Date rape charges are also filed under Penal Code Section 261 PC. Cases of this nature can sometimes be highly contested between the victim and the accused with the difference between a conviction and an acquittal depending on who the jury believes. The question of if sex took place is often not questioned, but rather was the sex consensual or not? Most of these cases do not involve force or injury to the victim. Often, they are cases of “he said, she said” with the defendant having the greatest stake in the outcome.

Other Forms of Rape:

Other forms of rape warrant their own specific statutes in state law. Examples include:

  • Penal Code 262 PC “Spousal Rape.” Anyone who has intercourse with their spouse without their consent and does so with force or threat, and for sexual pleasure or arousal, is guilty of violating California Penal Code 262.
  • Penal Code 261.5 PC “Statutory Rape.” Anyone who knowingly has intercourse with a minor can be found guilty of Statutory Rape. A minor is defined as anyone under the age of 18.

Penalties for Rape

Rape is one of the most serious criminal charges that a defendant may face. A case may be highly complex because of circumstances that are difficult to explain and understand. The penalties for these offenses are harsh and conviction includes lifetime sex offender registration.

Addressing False Rape Accusations

Sexual assault crimes are taken very seriously by the law. If you have been falsely accused you might assume that the charges will just be dropped because of how ludicrous they are to you. But take this case for example - and the wide-reaching effects that it had on just members of the fraternity associated with the rape allegations. These types of allegations do not just “go away,” and you will need to be prepared if you are falsely accused.

Here are some things you can do:

  1. Do not speak with police or investigators until you have contacted a criminal defense attorney. They might try different tactics to get you to admit to a crime you did not commit. Remember that they are always trying to build a case. Simply state that you will not speak with them unless there is an attorney present.
  2. Get in touch with a qualified and experienced criminal defense attorney. You’ll want to do this as soon as possible, even if you just expect the charges to be dismissed.
  3. Prepare for what the allegations might bring. You will be asked to defend yourself, so you’ll need to be prepared. This means contacting witnesses that can testify or provide an alibi for you. You might also need to take psychological tests, or be asked to provide other evidence. Write down as many details as possible about what you remember.
  4. Study. A criminal defense attorney will be able to guide you through fighting the allegations, but it’s in your best interest to understand the legal process and know your rights.

You will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal Criminal Lawyers.

If You Get Arrested for a Sex Crime

In 1966, the U.S. Supreme Court ruled in Miranda v. Arizona, that individuals arrested because they are believed to have committed a crime are allowed certain rights that must be explained to them. This must happen before any interrogation. It’s important to note that these rights only need to be read when a person has been taken into custody. “Miranda Rights” are meant to protect a suspect from self-incrimination and is protected under the Fifth Amendment of the U.S. Constitution. Those “Miranda Rights” are as follows:

  • You have the right to remain silent and refuse to answer questions.
  • Anything you say may be used against you in a court of law.
  • You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
  • If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
  • If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

Why Work with a Criminal Defense Lawyer?

When faced with serious penalties or spending time in jail or prison, you need to retain a criminal defense lawyer to represent you in court. If you are facing an assault or battery charge, or a theft charge, a criminal defense attorney will investigate your case’s specifics and determine if you were wrongfully charged. They also will be able to identify if there are any other existing reasons for why the case should be dismissed before it goes to trial. If the charges are not dismissed before trial, a criminal attorney may be able negotiate a plea bargain with the prosecutor on your behalf. If a plea bargain cannot be negotiated, a criminal defense attorney will prepare your defense and represent you at trial.

After you have discussed the specifics of your case, your Sevens Legal Criminal Lawyers, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal Criminal Lawyers, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.

Sevens Legal Criminal Lawyers, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal Criminal Lawyers, criminal defense lawyers, call (619) 494-3440. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

]]>
California Marijuana Laws and Possession of Drugshttps://www.sevenslegal.com/criminal-attorney/california-marijuana-laws-drug-possession/362/Thu, 11 Aug 2016 15:00:38 +0000https://www.sevenslegal.com/criminal-attorney/california-marijuana-laws-drug-possession/362/California's laws pertaining to marijuana are complex and vast from legal possession for medical justifications to criminalized sales.California’s laws pertaining to marijuana are complex and vast from legal possession for medical justifications to criminalized sales, including the cultivation as well as the importing of the plant.  

The War for Marijuana

Over the past few years there has been a war between federal and state governments about the legal and illegal use of marijuana under current criminal drug laws. On one end of the spectrum, simple possession laws about marijuana statues exist, such as Health and Safety Code Section 11357(b). This makes the possession of one ounce or less of cannabis for personal use a misdemeanor. Although the code still classifies this as a criminal offense, if convicted the maximum punishment if only a $100 fine, with no jail time.

On the opposite end of the spectrum, laws exist to prohibit the importing of large quantities of marijuana across federal borders. These laws also cover the mass cultivation of marijuana for the purpose of selling it.

California’s medical marijuana laws permit persons who have a doctor’s permission to possess and use cannabis for medical purposes. The permission to cultivate it has certain limitations. Caregivers for a person who has a doctor’s permission permits them to purchase medicinal marijuana from marijuana dispensaries in order to give it to the patient for their use. The transportation of medical marijuana is a gray area. In addition, many police agencies are under the incorrect assumption that concentrated cannabis isn’t included in the compassionate use laws, although it is.

Driving and Marijuana Possession

Problems arise where involving cases of using marijuana and driving. While it is legal for persons with prescriptions to possess marijuana and use it, it is still prohibited to drive while under the influence of it. Vehicle Code Section 23152 not only governs the use of driving while under the influence of alcohol but also drugs. It clearly states that if a person is driving and “under the influence of marijuana” then they can be found guilty of DUI.

However, determining the level of impairment of a person using marijuana isn’t as easy as if they’re under the influence of alcohol which has a specific level of illegality. Using a urine test to detect a person has used cannabis can also be problematic, since it then has to be correlated with some level of impairment. An experienced DUI attorney, such as Sevens Legal Criminal Lawyers, can defend most cases of marijuana involved DUI.

Similar to this is a DWI where a vehicle is found to contain a small amount of cannabis, either in a small baggy, container, or pipe. Due to the fact that the marijuana is found in the car, a crime under Vehicle Code 23222 is usually charged instead of a charge under Health and Safety Code Section 11357(b). There is a major difference between these two convictions. An offense under Vehicle Code 23222 is considered a moving violation and will therefore appear on the person’s driving record. This involves points which likely will increase insurance premiums, possible job loss, etc. A wise decision if faced with this situation is to hire an attorney familiar with this scenario, such as Sevens Legal Criminal Lawyers, who can help you avoid being charged under Vehicle Code 23222 instead of Health and Safety Code Section 11357(b).

Marijuana Pipes and “Usable Quantity”

It’s interesting to note that it’s not a California crime to possess a marijuana smoking pipe, which is not considered under Health and Safety Code 11364 to be drug paraphernalia. However, police may still attempt to charge you with alleged possession if the pipe contains any marijuana in the bowl, but the amount must be considered to be a “usable quantity.”

Some questions you may ask about whether you can be found guilty of marijuana possession if it’s not actually on your person, such as in a car that you are simply a passenger in. According to the law which relates to possession, two elements are required to prove this:

  • Knowledge that it exists
  • Ability to control it

In other words, the person accused of possession must have had knowledge that the marijuana existed and either must have been able to control it or have it located on their person, in their own car, in their own house, etc. This law also recognizes joint possession, which is where two or more people can be found to be in possession of the same item. Under this law it doesn’t matter who is the actual owner of the item.

Possession of Prescription Drugs

In addition to marijuana now being a legal drug if one has a prescription for it, drug possession also includes drug prescriptions for Xanax, Valium or Diazepam, Vicodin, Norco, Percocet, Hydrocodone, Clonazepam, Oxycodone, and Soma. While these substances have their legitimate uses, frequently they are abused. A recent Los Angeles Times article referred to them as “deadliest drugs.”

Law enforcement has requested pharmacists notify them if they suspect any suspicious activity or if they suspect questionable prescriptions possibly forged by addicts. California laws have cracked down on drugs such as these, and will probably get tougher as people continue to misuse these substances. The attorneys at Sevens Legal Criminal Lawyers, has extensive experience with these type of crimes and can assist you with getting into an addiction treatment program instead of jail if you have been accused of unlawful possession of drugs.

Sevens Legal Criminal Lawyers, has an experienced background of defending narcotics cases, using innovative approaches. Some common controlled substances and charges include:

  • Manufacturing
  • Possession with intent to sell
  • Under the influence of controlled substance
  • Possession of drug paraphernalia
  • Simple Possession
  • Transportation
  • Sales of Narcotics
  • Prescription drugs
  • Possession of drugs while armed
  • Maintaining a residence for sales
  • Medical Marijuana
  • Trafficking and Hidden Compartments
  • Possession while armed with a firearm
  • Driving Under the Influence of Drugs

In California most drug charges are felonies. If convicted of a felony, you may face jail time, loss of rights, and a permanent police. While these are serious charges, with the right attorney they may be dropped. Legal defense that have been used include:

  • Challenging the search on Fourth Amendment grounds
  • Transitory Possession
  • Violations of Fifth Amendment, Miranda
  • Insufficient Evidence of Knowledge
  • Lack of Intent
  • Illegal Traffic Stop, No Probable Cause
  • Lack of Dominion or Control
  • Police Misconduct, False reports
  • Statutory Motions to Dismiss
  • Laboratory Testing Error
  • Lying Police Informants
  • Toxicology Mistakes

There are numerous ways to fight drug charges in order to get an early disposition using diversion and alternative sentencing agreements which may permit a case to be dismissed following drug counseling, a drug treatment program, or drug treatment classes.

If a drug charge is dismissed, it means the person does not need to disclose a possible criminal conviction on a job or employment application, thus saving them from a lifelong stigma, as well as embarrassment, of a drug conviction.   If you have been arrested or accused of drug possession for prescription pills, marijuana, concentrated cannabis, medical marijuana, Ecstasy, heroin, methamphetamine, heroin, or Ecstasy, you need the expert criminal defense attorneys at Sevens Legal Criminal Lawyers, on your side. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Conspiracy to Distribute and Other Drug Chargeshttps://www.sevenslegal.com/blog/conspiracy-distribute-drug-charges/530/Thu, 04 Aug 2016 15:00:52 +0000https://www.sevenslegal.com/blog/conspiracy-distribute-drug-charges/530/Gang member Randy Alton Graves was convicted of conspiracy to distribute methamphetamine, marijuana, and possession with intent to distribute meth.This past April, gang member Randy Alton Graves was convicted of conspiracy to distribute more than 50 grams of methamphetamine, conspiracy to distribute more than 1,000 kilograms of marijuana and possession with intent to distribute meth. He received a sentence of life in federal prison. Below we discuss what the addition of “conspiracy” means when it comes to a drug charge as well as specific penalties for methamphetamine and marijuana charges. If you have been convicted of a drug crime it is crucial that you obtain a criminal defense attorney that can build your case.

What is a Conspiracy to Distribute?

When a person has been charged with “Conspiracy to Possess with Intent to Distribute” there are usually multiple violations that have occurred. This charge means the defendant played an active role along with another person in the planning of possessing or distributing an illegal controlled substance.

The addition of a second person - seen as a collaboration - is the reason that the word “conspiracy” is used. While it only takes two or more people to receive the conspiracy, it should be noted that in a conspiracy charge a crime does not actually have ti take place. The prosecution will only need to show that there was intent to commit a crime to prove the case.

Penalties for Conspiracy to Distribute

Under federal law, the penalty for possession with the intent to distribute is dictated by the Federal Sentencing Guidelines. Once convicted, a second hearing for sentencing is held. The federal judge determines the sentence, and will follow guidelines accordingly. The consequences in terms of fines and length of imprisonment vary widely depending upon the controlled substance and whether the person convicted has a prior history of crime.

Graves received a life sentence because as U.S. District Judge Dana Sabraw noted, Graves had been involved in numerous crimes. From 1976 to 2012 the West Coast Crips gang member had amassed more than a dozen felony and misdemeanor convictions, ranging from voluntary manslaughter to multiple drug offenses and gun offenses.

Other Drug Charges

Drug charges can stem from minor to more serious offenses and at Sevens legal you can find a Criminal Defense Attorney for a number of drug related crimes. Regardless of the drug related crime, choosing Sevens Legal will help with protecting your rights and freedom and lead towards a positive outcome. Some common drug charges include the following:

  • Simple possession and possession for sale or distribution
  • DUI involving drug possession
  • Heroin manufacturing
  • Money Laundering
  • Cultivation of Marijuana
  • Drug Trafficking or smuggling
  • Juvenile or student drug offenses
  • Unauthorized possession or sale of prescription drugs

Drug Possession

Being convicted of any drug crime is a serious matter. Most drug charges can carry heavy convictions, fines and stay on your personal record, which can affect your job, buying a home or getting a loan. If you are convicted for any drug related crime, it is in your best interest to seek a criminal defense attorney and never accept any deal without speaking to an attorney first. Drug charges range from minor possession to a more serious charge of drug manufacturing, whatever the charges are, know that you can find guidance with your case.

Choosing a great criminal defense attorney will help your case and often reduce charges. The experience and knowledge needed to deal with a drug charge can be found at Seven’s Legal. Sevens Legal is well versed in a variety of drug charges that you may be convicted of and their experience is endless. At Sevens Legal you will find a successful team that is passionate about representing their clients. If you find yourself charged with any drug crime, it is imperative that you seek a knowledgeable criminal defense attorney that will guide you through the legal system and help with reducing your charges.

Methamphetamine

Methamphetamine use has grown in recent year in the state of California, leaving law officers eager to convict individuals for possession of illegal methamphetamines and stop illegal distribution. You may be charged with a misdemeanor or a felony depending on your criminal history. If you are convicted of a misdemeanor possession you may face up to one year in jail, while a felony possession charge can carry a conviction of 16 months, 2 years or 3 years of jail time. Many times if you are charged with having possession of a large quantity of methamphetamines, you may be charged with intent to sell, which will carry stiff penalties. Charges may include, Possession of Methamphetamines, Possession of Methamphetamines for sale and transportation for selling methamphetamines.

California is one of two-dozen states that have legalized marijuana for medical use. Recreational use of marijuana is still illegal in the state of California and possessing marijuana or intent to sell marijuana can carry heavy convictions. Although sentencing for marijuana has been pulled back in recent years, one ounce of marijuana or 28.5 grams is an infraction; police often get around this provision by charging minor offenders with felony intent to sell. You may find yourself being charged with intent to sell if you have cash, scales, and large amounts of marijuana or marijuana in bags on your persons. Due to proposition 36 and other legislation, if you are convicted of a misdemeanor marijuana charge you may find yourself paying a small fine. Charges are often reduced or dropped for first time offenders with the help of a criminal defense attorney.

Marijuana

Possession of marijuana is a misdemeanor under California Health and Safety Code Section 11357. Possession of one ounce (28.5 gms) or less is punishable by a maximum $100 fine; jail time is possible for larger amounts or for hashish, which is an optional felony (“wobbler”). Possession offenders can avoid conviction by making a preguilty plea under penal code 1000, in which case their charges are dismissed upon successful completion of a diversion program. Possession offenses are expunged from the record after two years under Health and Safety Code Sections 11361.5 and 11361.7.

Possession with intent to sell any amount of marijuana is a felony. Health and Safety Code 11359. There is a medical exemption in HS11362.775.

Cultivation of any amount of marijuana is a felony under Health and Safety Code 11358. People who grow for personal use are eligible for diversion under Penal Code 1000 so long as there is no evidence of intent to sell. There are no fixed plant number limits to personal use cultivation.

Sale, transportation or distribution of marijuana is a felony under Health and Safety Code Sections 11360.Transporting or giving away (furnishing) one ounce or less is a misdemeanor punishable by a maximum $100 fine. There is a medical exemption in HS11362.775.

Using a minor in the unlawful sale or transport of marijuana is a felony punishable by 3-7 years imprisonment. Inducing a minor to use marijuana is also a felony punishable by 3-7 years imprisonment.

Health and Safety Codes you may be charged with include:

1. Possession for personal use- Health & Safety Code 11357 2. Cultivation- Health & Safety Code 11358 3. Possession with Intent to sell- Health & Safety Code 11359 4. Sale, Gift, Transport or Import- Health and Safety Code 11360 5. Sale to a Minor- Health & Safety Code 11361

DUI with Marijuana

Driving under the influence of Marijuana is a crime in California under vehicle code 23152 (e) VC. However, the law does not specify any particular amount of THC in the bloodstream automatically established impairment, making the crime difficult to prove.

California Proposition 36 (2000)

The Substance Abuse and Crime Prevention Act of 2000, Proposition 36, allows qualifying defendants convicted if non-violent drug possession offenses to receive a probationary sentence instead of being incarcerated. Defendants are required to participate in and complete a licensed or certified community drug treatment program. Compliance with the program in necessary or probation is revoked and you may be required to serve an additional sentence that may include jail time.

Proposition 47

On November 4, 2014, voters approved Proposition 47, which among other things, reduced drug possession for personal use to a misdemeanor.

Drug charges can stem from minor to more serious offenses and at Sevens legal you can find a Criminal Defense Attorney for a number of drug related crimes. Regardless of the drug related crime, choosing Sevens Legal will help with protecting your rights and freedom and lead towards a positive outcome if you have been charged with:

  • Simple possession and possession for sale or distribution
  • DUI involving drug possession
  • Heroin manufacturing
  • Money Laundering
  • Cultivation of Marijuana
  • Drug Trafficking or smuggling
  • Juvenile or student drug offenses
  • Unauthorized possession or sale of prescription drugs

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Pokemon Go Leads to Assault and Battery Chargeshttps://www.sevenslegal.com/assault/pokemon-leads-assault-battery-charges/527/Thu, 28 Jul 2016 15:00:10 +0000https://www.sevenslegal.com/assault/pokemon-leads-assault-battery-charges/527/Pokemon Go, an app which leads users on a hunt for Pokemon characters, has lead to charges of conspiracy, robbery, battery and assault across the nation.Pokemon Go, an app which leads users on a hunt for Pokemon characters, has lead to charges of conspiracy, robbery, battery and assault across the nation. Below we discuss what consequences you face if you decide to go on your own hunt - of Pokemon Go players.

Pokemon Go Leads to Assault Charges

Police are alleging that Elvis Campos was trying to rob Pokemon Go players when he was apprehended in a downtown park in east Las Vegas. The 18-year-old Campos was demanding possessions from who were playing the smartphone game. The game directs players to physical locations in order to “catch” virtual Pokemon characters.

A shootout occurred and Campos and a player were injured. The man is now facing charges of conspiracy, robbery, battery and assault with a deadly weapon.

Campos was transported to jail after he was treated at the hospital for a gunshot wound to the back. A juvenile that was with Campos at the time also faces charges.

This is not the first attack that has been linked to the Pokemon Go app. Just recently a man was arrested in Illinois for battery when he threw sawdust into the faces of two people that were playing the game.

While the game is not meant to bring harm to anyone playing it, it seems that others are targeting players and receiving serious charges as a result. Before you decide to go on your own hunt of Pokemon Go players, remember that there are serious consequences you can face.

Should you find yourself in a similar position, with charges such as battery and assault, it’s advised that you work with a criminal defense lawyer.

Assault, Assault and Battery, or Aggravated Assault

The terms get thrown around a lot, but it’s important to understand the difference between assault, assault and battery, or aggravated assault. While they all involve one person doing intentional harm to another person, crimes involving physical attacks can be assaults or batteries or both. Depending on the seriousness of the attack, charges can be elevated to the most serious one of aggravated assault.

“Assault”

Assault is defined as the intentional act of causing another person to be afraid they are going to experience physical harm. While this is a broad definition, since actual physical harm doesn’t have to be involved, assault is the fact that a person fears imminent harm from another person. The broadness of this definition permits the police to intervene to prevent any actual harm to the person.

“Simple” and “Aggravated Assault”

Depending on the seriousness of the potential harm that may occur to a victim, many states make a distinction between “simple” and “aggravated assault.” Aggravated assault is a felony which may involve an assault with a weapon, or the intention to commit a serious crime. It can also be classified as aggravated assault if there is any legally regarded “special protection” relationship involved. If the assault is classified as simple assault its usually charged as a misdemeanor. In some states the seriousness of the assault may be classified as “first,” “second,” or “third” degree assaults, in which case a “first” degree assault is the most serious one.

Assault with a Deadly Weapon

An assault with a deadly weapon is when a person accompanies a physical attack with a physical object that capable of inflicting serious bodily injury or death. All states classify assault with a deadly weapon as a felony because the use of a dangerous object automatically creates a risk of serious consequences.

Deadly Weapon

The term “deadly weapon” typically refers to a wide range of objects capable of inflicting bodily harm. Examples include cars, golf clubs, knives, and guns. Other things such as pocketknives, stones, shoes, canes, and walking sticks can become “deadly weapons” depending on how a person wields them.

Penalties for Assault in California

A defendant convicted of simple assault faces the following possible penalties:

  • up to one year in jail
  • a fine up to $2000, and
  • probation up to one year
  • (Cal. Penal Code § 241, 241.5, 241.6).

“Assault and Battery”

Assault and battery were originally considered to be separate crimes. While assault is the fear of impending physical harm, battery is defined as the actual physical harm done to a victim. While “assault” can be considered the beginning, “battery” can be consider the ending. Most statutes now do not make a distinction between these two offenses.

Penalties for Battery in California

Basic penalties for simple battery that are charged as a misdemeanor include:

  • up to one year in county jail
  • fine up to $2000, and
  • probation up to one year.
  • (Cal. Penal Code §§ 243, 243.2, 243.25, 243.3, 243.35, 243.6, 243.65, 243.8).

Theft and Robbery

In addition to charges of assault and battery, Campos is also facing charges of robbery. Robbery falls under the umbrella of “theft.” Here are some other common types of theft offenses that a person can be charged with:

  • Petty Theft
  • Property valued at $950.00 or less
  • Not taken from the person of another
  • Grand Theft
  • Property valued at $950.00 or more
  • Taken from the person of another
  • Of an automobile or firearm
  • Burglary
  • Entering the property of another with the intent to commit a felony.
  • Robbery
  • Taking the personal property in the possession of another, from his or her possession with the use of force or fear.
  • Identity Theft
  • Taking personal information and using it for an unlawful purpose
  • Receiving or Possession of Stolen Property
  • Knowingly buying, receiving, selling or concealing property that has been stolen from another person

No matter the type of theft crime, the punishment is severe. Theft crimes can be classified as a misdemeanor or felony. Fines, jail and/or prison time are often standard punishment. Individuals may also be subject to civil liability if the alleged theft is from a retailer.

Defenses to Theft Crimes

If you are facing theft charges in California, there are a number of defenses that can be employed to your advantage. Most notably, we will work to demonstrate that you did not have the requisite intent to steal any property and you had a good faith belief that the property was yours to possess. Of course, all circumstances must be reviewed when faced with theft charges but we believe in you and your day in court.

Why Work with a Criminal Defense Lawyer?

When faced with serious penalties or spending time in jail or prison, you need to retain a criminal defense lawyer to represent you in court. If you are facing an assault or battery charge, or a theft charge, a criminal defense attorney will investigate your case’s specifics and determine if you were wrongfully charged. They also will be able to identify if there are any other existing reasons for why the case should be dismissed before it goes to trial. If the charges are not dismissed before trial, a criminal attorney may be able negotiate a plea bargain with the prosecutor on your behalf. If a plea bargain cannot be negotiated, a criminal defense attorney will prepare your defense and represent you at trial.

Your Criminal Defense Lawyer and Emotional Help

While a criminal defense lawyer isn’t a therapist, they may help you deal with the emotions that accompany criminal trials. They can help by explaining the realities of the legal system and discuss what you may be up against during trial. Since they are well versed in the system, your criminal defense lawyer can also go over court rules and regulations, and the best way to navigate through the system. Also critical in negotiating a reduced sentence are the “unwritten rules” which a criminal defense lawyer is also well versed in.

If you are faced with criminal charges and possible jail time, you need to consult a criminal defense lawyer as soon as possible. Contact Sevens Legal Criminal Lawyers today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Assemblyman Bonta Trying to Change the Bail Bond Systemhttps://www.sevenslegal.com/criminal-attorney/blogassemblyman-bonta-change-bail-system526/526/Thu, 21 Jul 2016 15:00:37 +0000https://www.sevenslegal.com/criminal-attorney/blogassemblyman-bonta-change-bail-system526/526/Recently Assemblyman Rob Bonta led a discussion regarding the need to reform the California bail system and how judges award those bail amounts.Recently Assemblyman Rob Bonta (D-Oakland) led a discussion with attorneys and advocates regarding the need to reform the California bail system and how judges award those bail amounts. Bonita believes the current bail system not only criminalizes the poor, but also doesn’t protect communities.

Assemblyman Bonta Tries to Change California’s Bail Bond System

Bail Bond Overview

Chances are you will have to get a bail bond to get out of jail if you or your loved one has been arrested for any type of serious crime. You may have also seen television commercials about bail bonds, but unless you’ve directly dealt with the issue of posting bail, you may find that you need a brush up on your knowledge about bail bonds.

“Bail”

Bail constitutes an agreement between you, the defendant, and the court. As the defendant, you agree to post a specific amount of money in exchange for the assurance that you’ll return to court for your scheduled court date. Upon appearing in court as scheduled, and as stated in the bail bond agreement, you get your money back.

As an example, if the court sets bail at $15,000, this means you can pay $15,000 to the court in order to be released from jail. Once you return to court on your specified date, you’re able to get your money back. You’ll get your money back even if you’ve been convicted at your trial. However, you don’t show up for even one of your court dates, you will immediately forfeit your $15,000 and a warrant for your arrest will be issued. If you can’t pay the bail the court has set, you won’t be able to get released from jail. Therefore, you will have to remain in jail until the date the court has set for your trial.

Not being able to post your bail can be a difficult and stressful situation. It means you may have to remain in jail for months between the time of your arrest and the beginning of your trial. Because of this, posting bail usually becomes your first priority after being arrested. Therefore, this is the reason people turn to bail bonds as a means to be released from jail.

How Bail is Determined and Set Currently

Once you’ve been arrested, you’re immediately booked to jail. Once in jail, all your vital information, such as name and personal information, as well as your photo and fingerprints are recorded in the police department’s computer and database. Also, all your personal items are impound. After being booked, you’ll be given a sobriety test. This may be a second sobriety test if you’ve been arrested due to failing the first sobriety test. After this, you’ll be permitted to make one phone call, after which you’ll be put into a jail cell. After this your hearing will be scheduled, where the judge will decide what the amount of your bail will be. This usually happens within 48 hours after your arrest.

Normally the majority of jurisdictions use a schedule for bail to decide the bail amount that should be set. The Superior Court of Los Angeles County sets a bail of $20,000 if a person has been arrested for a felony. The maximum sentence possible for for a felony is 3 years in jail. However, the judge hearing the case has considerable leeway when they decide to set bail. Frequently they will also take external circumstances into consideration when setting bail.

As an example, if this was your first offense, you are currently employed, and have a family in the area, the judge may decide to reduce your bail amount below the required amount. The judge may even decide to completely discard it.

Another example would be if you have multiple offenses on your record and the judge thinks you might be a flight risk. In this instance, the judge’s decision might be to increase your bail or even revoke your ability and permission to post bail.

Some jurisdictions may assign your bail as soon as you’re booked and not wait for an initial hearing. This typically happens only in low level offenses. A police officer will advise you whether you will be able to immediately post bail of if you will be permitted to use a credit card to pay your bail amount.

As Bonta explained, currently many of these amounts or determined based on a person’s ability to pay rather than if they will be able to make the next court date - which is what is should be based on, according to Bonta.

As San Francisco Dist. Atty. George Gascón explained, at least 29 jurisdictions have developed “risk-assessment” models. These models require a court and pretrial staff to assess data and other evidence to determine if a person should be released.

“To me, at its core, this is an issue of social, economic and racial justice,” Bonta said.

“It is going to be a heavy lift. It is a massive, fundamental change to the status quo.”

There are many factors that play into why or why not bail should be based on ability to pay, or not. As has been shown by data, when a person is in jail for even a few days, it can result in loss of wages, which can leave some defendants 40% more likely to commit crime in the future.

“If you can lose your home, if you can lose your car, if you can lose your job, without ever being convicted of anything, that is punishment,” said Zachary Norris, executive director of the Ella Baker Center for Human Rights.

How Bail Bonds Work

Bail bonds are similar to personal loans. After putting down a small percentage for the total amount, a bail bondsman or agent, gives you the rest of the money needed for your bail. Like a loan officer, this bail bondsman or agent is similar to the lender of a personal loan. As an example, if your bail is $15,000, you or a family member would be required to make a deposit of $2,000. The bail bondsman or agent would then give you the $15,000 bail needed for you to “post bail.” Most bail bond companies also will require you to provide them with some type of collateral in order to get the remaining money needed for your bail bond. Collateral is usually a deed to your house, item of jewelry, or car. This collateral is used in order to secure the bail bonds’ loan in case you don’t show up at your appointed court date, in which case you would not get your money back. After your trial is over, and you receive your money back from the court, the money is returned to bail bond company you received your bail from.

Due to the fact that this is a financial risk the bail bondsman and bail bond company take because of this loan, they will often take additional precautions to make sure you attend all of your court dates. The bail bondsman wants to make sure his or her company receives back all the bail money it loaned you. As a result of these precautions, bail bond companies will frequently do the following:

Prefer a relative or friend put up the necessary collateral for your bond. This is because you will then be less likely to miss a court date since your relative’s or friend’s house or property is on the line in for your bail bond.

Call you before each court date in order to remind your about your upcoming trial. Require you to make periodic check-ins at their bail bond office to make sure you haven’t left town.

Like most defendants, you will probably agree that these precautions are a small prices to pay in order to be able to stay out of jail while waiting for a trial date or during your trial.

Bail Bonds and Their Various Types

Some of the different bail bonds that are available include:

Surety Bond: This type of bail bond is secured by an insurance company. It’s common for bail bondsmen to work with insurance companies in order to provide financial backing for their bonds.

Property Bond: If you own property (i.e., a house), the bail bondsman may be able to use this as collateral instead of putting down cash. With this type of bond the court places a lien on your property and can sell it if you do not appear for your court date(s).

Release on Own Recognizance: Sometimes a judge will agree to release you without setting any bail amount. This normally happens only if you are accused of a low level crime and the judge doesn’t consider you to be a flight risk.

Cite Out: This would be if you are caught doing something illegal and the officer then decides to issue a citation to appear in court instead of booking you into jail.

Immigration Bond: If you are detained by Immigration and Customs Enforcement (ICE), an immigration bond will permit you to be released from jail until your hearing is completed.

Bail and Bounty Hunters

If you decide to flee or skip your trial and a bail bondsman is not able to reach you, chances are they will then hire a person called a “bounty hunter” in order to track you down and then return you to custody.

How to Secure a Bail Bond

If your bail amount is set higher than you or your family member or friend can afford, you will need to secure a bail bond as soon as possible. However, there are still important considerations and questions you need to take into consideration.

A bail bondsman will want to make sure they’re getting the most for their money. To do this they will charge a bail bond bond premium fee that is usually 10-20% of your bail bond amount. This fee is normally not refundable. This means that even if you show up for all your court dates and receive your bail money back, you will never get that 10-20% of your money back.

Therefore, it would be wise to look for a bail bondsman that would require a lower premium.

Also, you will also want to take into consideration if there is an initiation or application fee in addition to the premium.

In addition to bail bond feeds, there are also court and attorney fees you need to take into consideration.

If you have been arrested and accused of a crime, you needs to acquire and work with a criminal defense attorney such as Sevens Legal Criminal Lawyers. Once you have discussed the specifics of the allegations against you with your attorney, they will inform you of the strengths and weaknesses pertaining to your case, as well as any risk of conviction and punishment you may be facing. A criminal defense attorney such as Sevens Legal Criminal Lawyers, can also negotiate a plea deal as well as decide to move forward with trial, while working constantly to make sure your best interests are served. At Sevens Legal Criminal Lawyers, every defendant has a right to our zealous defense. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Football Player Found Guilty of Rape Sex Crimeshttps://www.sevenslegal.com/criminal-attorney/assaultfootball-player-guilty-rape-sex-crimes515/515/Thu, 23 Jun 2016 15:00:02 +0000https://www.sevenslegal.com/criminal-attorney/assaultfootball-player-guilty-rape-sex-crimes515/515/Former Vanderbilt football player Brandon Vandenburg has been found guilty on five counts of aggravated rape.Former Vanderbilt football player Brandon Vandenburg has been found guilty on five counts of aggravated rape, two counts of aggravated sexual battery, and one count of unlawful photography.

Vandenburg Found Guilty of Rape

During June 2013, Vanderbilt security cameras caught football player Brandon Vandenburg, 23, and several of his teammates carrying an unconscious 21-year-old neuroscience major into a dorm room. The victim was Vandenberg’s then-girlfriend. The surveillance video shows the players laughing as they dragged the victim down a hallway and took photos of her naked body. Video footage taken from cell phones of there players show that once inside the dorm room, one football player penetrated the victim with a water bottle as his other teammates cheered him on. Vandenberg then passed condoms out to the players and encouraged his teammates to sexually assault the girl. Then one player urinated on the victim and “made a racial statement.”

Vanderburg Defense Team

Throughout the trial, Vandenberg’s defense maintained that the football player was drunk at the time of the incidence and should not be held responsible for what the other players did to the victim.

Vandenburg’s team painted him as the newly arrived recruit to the Nashville school who had wanted to help the victim out and had asked to help him carry the unconscious woman into his room after he could not get her back to her apartment. Vandenburg’s defense team told jurors the players who had “helped” Vandenberg were on the woman as soon as they got her into the dorm room.

Meanwhile, the victim in the case testified she had no memory of the night’s event. During her testimony she stated that Vandenburg later told her that she had gotten drunk and sick and that he had helped her out. The prosecution suggested she might have been under the influence of a date-rape drug.

Second Time Vandenburg Found Guilty of Rape

This is the second time a court has found Vandenberg guilty in this case. The first jury’s decision had to be thrown out because one juror had not disclosed that he was a past but victim of statutory rape.

Vandenburg’s teammate Corey Batey was also convicted during last year’s trial on multiple counts of aggravated rape and aggravated sexual battery. Battery’s verdict also had to be thrown out, but he was re-convicted in April of this year.

Focus on Rape Culture

Vandenburg faces a minimum sentence of 15 years in prison for aggravated rape with no possibility of parole. This case comes at a time when the nation’s focus is on campus “rape culture” and the prevalence of sexual assaults that are happening on college campuses.

As Deputy District Attorney General Tom Thurman said of the case, “The lives of everyone involved have been ruined.” Thurman went on to say he hoped the widespread publicity surrounding the Vandenburg case would send a message to the nation.

The Difference Between Sexual Assault, Assault and Battery, and Aggravated Assault

It’s important to understand the difference between assault, assault and battery, or aggravated assault. While they all involve one person doing intentional harm to another person, crimes involving physical attacks can be assaults or batteries or both. Depending on the seriousness of the attack, charges can be elevated to the most serious one of aggravated assault.

What is “Assault”

Assault is defined as the intentional act of causing another person to be afraid they are going to experience physical harm. While this is a broad definition, since actual physical harm doesn’t have to be involved, assault is the fact that a person fears imminent harm from another person. The broadness of this definition permits the police to intervene to prevent any actual harm to the person.

What is “Assault and Battery”

Assault and battery were originally considered to be separate crimes. While assault is the fear of impending physical harm, battery is defined as the actual physical harm done to a victim. While “assault” can be considered the beginning, “battery” can be consider the ending. Most statutes now do not make a distinction between these two offenses.

What is “Sexual Assault”

Sexual assault is defined as any type of sexual contact or behavior that occurs without the explicit consent of a recipient. Included under the term sexual assault are the following: forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape.

What is “Simple” and “Aggravated Assault”

Depending on the seriousness of the potential harm that may occur to a victim, many states make a distinction between “simple” and “aggravated assault.” Aggravated assault is a felony which may involve an assault with a weapon, or the intention to commit a serious crime. It can also be classified as aggravated assault if there is any legally regarded “special protection” relationship involved. If the assault is classified as simple assault its usually charged as a misdemeanor. In some states the seriousness of the assault may be classified as “first,” “second,” or “third” degree assaults, in which case a “first” degree assault is the most serious one.

Addressing False Rape Accusations

Sexual assault crimes are taken very seriously by the law. If you have been falsely accused you might assume that the charges will just be dropped because of how ludicrous they are to you. But take this case for example - and the wide-reaching effects that it had on just members of the fraternity associated with the rape allegations. These types of allegations do not just “go away,” and you will need to be prepared if you are falsely accused.

Here are some things you can do:

1. Do not speak with police or investigators until you have contacted a criminal defense attorney. They might try different tactics to get you to admit to a crime you did not commit. Remember that they are always trying to build a case. Simply state that you will not speak with them unless there is an attorney present.

2. Get in touch with a qualified and experienced criminal defense attorney. You’ll want to do this as soon as possible, even if you just expect the charges to be dismissed.

3. Prepare for what the allegations might bring. You will be asked to defend yourself, so you’ll need to be prepared. This means contacting witnesses that can testify or provide an alibi for you. You might also need to take psychological tests, or be asked to provide other evidence. Write down as many details as possible about what you remember.

4. Study. A criminal defense attorney will be able to guide you through fighting the allegations, but it’s in your best interest to understand the legal process and know your rights.

You will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal Criminal Lawyers.

After you have discussed the specifics of your case, your Sevens Legal Criminal Lawyers, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal Criminal Lawyers, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.

Sevens Legal Criminal Lawyers, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal Criminal Lawyers, criminal defense lawyers, call (619) 494-3440. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Samantha Greene Featured in Attorney Journalhttps://www.sevenslegal.com/awards/samantha-greene-featured-attorney/510/Fri, 17 Jun 2016 09:15:16 +0000https://www.sevenslegal.com/awards/samantha-greene-featured-attorney/510/Heard Files Restraining Order Against Depp Amid Allegations of Domestic Violencehttps://www.sevenslegal.com/domestic-violence/heard-files-restraining-order-depp-allegations-domestic-violence/513/Thu, 16 Jun 2016 15:00:34 +0000https://www.sevenslegal.com/domestic-violence/heard-files-restraining-order-depp-allegations-domestic-violence/513/Recently, actor Johnny Depp was hit with a restraining order from estranged wife Amber Heard. Heard filed for divorce in May, with Heard requesting temporary and long-term spousal support, to which Depp has refused. Depp’s lawyers are now questioning if Heard’s allegations of domestic violence are simply a way to ensure a solid financial footing - one which will be built upon Depp’s wealth.

Depp and Heard Divorce

At the end of May, and after just 15 months of marriage, 30-year-old actress Amber Heard filed for divorce from Depp. Just a week after her filing, the actress filed a domestic violence restraining order against her estranged husband.

Domestic Violence Laws in California

California’s Domestic Violence Laws have been, originated in 2000, have been referred to as a patchwork of statues trying to help victims of domestic violence. However, these laws don’t address some of the biggest obstacles faced by victims, even though they make an honest attempt to prevent domestic violence in family and intimate relationship situations.

The state identifies the beginning of domestic violence as the time an individual commits a criminal act according to the relationship type specified in the California Penal Code. These relationships are classified as a spouse or ex-spouse; current or former cohabitant in the home; a parent the individual has had a child with; or a partner in a dating relationship. For most situations of domestic violence, these are adequate classifications.

The California Penal Code Section 273.5 criminalizes domestic violence. According to the code it’s a crime if the conduct of an individual willful leads to a “corporal injury resulting in a traumatic condition” suffered by another person the individual has a familial or intimate relationship with specified in California’s domestic violence laws.

Since the Penal Code criminalizes battery in familial or intimate relationships, prosecutors can decide to charge defendants with battery under Penal Code Section 243(d) if the defendant “inflicted serious bodily injury” on the victim. Under this section, battery is a greater degree of harm the victim suffered due to domestic violence.

The Role Prosecutors Play in Cases of Domestic Violence

Over the years legislators have been given opportunities to address certain aspects, they still have not address crimes such as domestic violence, rape, and child abuse. The district attorney has absolute power to refuse to file charges even if there is solid the evidence for the charge. When this occurs, the victims have no legal remedy. This unrestricted prosecutorial discretion was shown in Sonoma County which has the lowest conviction rate in the state, and cases for violence against women and children tend to be systematically undercharged.

Even though California does a fair job overall when it comes to enforcing domestic violence cases, there is considerable work still to be done in order to make the laws for domestic violence effective when in order to protect victims and their children.

Restraining Order Filed

As part of the restraining order filed against him, Depp was ordered to stay away from Heard. In the complaint filed in court, Heard alleged, “During the entirety of our relationship, Johnny has been verbally and physically abusive to me.” The statement goes to on say, “Johnny has had a long-held and widely-acknowledged public and private history of drug and alcohol abuse.”

In addition to documents filed in court, Heard supplied photos which demonstrate injuries to her face following an alleged altercation with Depp on May 21.

Depp’s Response

Depp filed a response “memorandum of points and authorities” in which he rejects his estranged wife’s claims of domestic violence. “Amber is attempting to secure a premature financial resolution by alleging abuse,” the court document reads. “Her current application for a temporary restraining order along with her financial requests appears to be in response to negative media attention she received earlier this week after filing for divorce.”

Obtaining a Restraining Order

Court issued restraining orders direct a violent person to stop harassing a victim or children of the victim and may be obtained by appearing at the Superior Court located nearest to you.

A restraining order may be obtained to:

  • Direct an attacker to leave the household
  • Prevent an attacker from entering the residence, school, business, or place of employment of the victim
  • Award a victim or other parent custody of, visitation with, a minor child or children
  • Restrain an attacker from molesting or interfering with minor children in the custody of the victim
  • Direct the party not granted custody to pay support of minor children, if that party has a legal obligation to do so
  • Direct the defendant to make specified debit payments coming due while the order is in effect and/or
  • Direct that either or both parties participate in counseling

If a person is found to be in violation of a restraining order he or she can be arrested by the police.

Most Recent: Depp Accused of Violating Restraining Order

In the most recent turn of events for the Heard-Depp divorce and restraining order case, Depp appeared to have violated the restraining order when one of his representatives attempted to remove property from the couple’s downtown Los Angeles apartment.

Though neither Depp nor Heard were in the Los Angeles apartment at the time, Heard’s team called Los Angeles police on June 13, alleging that Depp had violated the restraining order against him when he sent an assistant to remove property from the couple’s downtown apartment.

Heard was reportedly in New Jersey, and Depp has reportedly been on his private island in the Bahamas during all of these recent allegations.

A trial will take place on Friday June 17 to determine if the restraining order will be deemed a permanent order, or dismissed altogether.

Restraining Order Violations and Contempt of Court

When a civil court order, such as restraining orders, are violated, this is considered “Contempt of Court.” A violation such as this happens if you intentionally ignore a legal restraining order, also known as a “protective order,” issued by a judge. Under California Penal Code Section 273.6, contempt violations are considered a criminal act, punishable by fines and/or imprisonment.

In order to prove a conviction for violation of a restraining order under Penal Code 273.6, a prosecutor must prove: (1) a judge issued a legal protective order; (2) the defendant was aware of the legal protective order; and (3) the defendant knew they were intentionally violating the legal protective order.

California Restraining Order Violation Penalties

Even though protective order violations are usually considered misdemeanors, the penalties under Penal Code 273.6 can be up to a year in county jail and a fine of as much as $1,000. If convicted of violating a protective order a second time, it can either be charged as a misdemeanor or felony, which includes anywhere from probation and as much as one year in jail, to three years in a state prison and maximum fine as much as $10,000. If the second conviction is within one year of the first, the penalties and fines are greater. If the violation of a protective order results in personal bodily injury, there is also a statutory minimum requirement of 30 days in jail.

California Restraining Order Violation Defenses

Legal defenses that can be used if you are charged with violating a protective restraining order include the following:

1. Lack of Intent: If a person is unaware that a protective order has been issued, and therefore violates it, they cannot be convicted of a violation. An example is if you accidentally have a chance encounter with somebody in a public place or at a social function who has had a protective restraining order issued against you.

2. Lack of Knowledge: To be convicted of a restraining order violation, the court must prove you had knowledge of the protective order. If you are unaware that a protective order has been issued, you cannot be convicted for violating it.

3. False Accusation: A person who has been issued a protected order may falsely accuse you of attempting to contact them in violation of the order. They may also try to arrange a meeting with you in order to make you violate a restraining order. These are some ways a protected person can try to falsely accuse you of violating their protective restraining order.

Working with a Criminal Defense Attorney

Criminal charges can be complex, requiring much gathering of evidence and information. It’s highly advised that you work with an experience criminal defense attorney that will be able to advise you on the best defense.

If you or loved ones is accused or charged with any type of crime call us. Let us support and help you during this tough time. Our firm award winning attorneys provides hope and peace of mind. The Sevens Legal Criminal Lawyers office is located in both San Diego and Escondido. We have time and time again helped Southern California residents get their cases dismissed or penalties reduced.

Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Bill Cosby Heading to Courthttps://www.sevenslegal.com/blog/bill-cosby-heading-court/504/Thu, 26 May 2016 15:00:54 +0000https://www.sevenslegal.com/blog/bill-cosby-heading-court/504/It’s been more than decade since comedian Bill Cosby was first accused of sexual misconduct and assault. And now it appears he will finally be going to trial.

Bill Cosby Will Stand Trial for Assault

A Pennsylvania has determined that there is enough evidence to proceed with a criminal trail against Cosby. The comedian faces three counts of felony aggravated indecent assault. The lawsuit alleges that Cosby, 78, drugged and sexually assaulted former Temple University employee Andrea Constand 12 years ago when she visited his house to talk about career advice. According to prosecutors on the case, Cosby drugged Constand with pills that knocked her unconscious and then sexually assaulted her. Andrea Constand was the first of more than 50 women who have accused Cosby of sexual misconduct.

Statute of Limitations Not Yet Passed

The criminal charges of aggravated indecent assault were brought against Bill Cosby in January. While dozens of women have come forth with similar allegations, these were the first formal charges that have been able to be brought against the comedian mostly due to the fact that the statute of limitations had passed for the other cases.

A statute of limitation is a law that forbids prosecutors from charging someone with a crime committed over a certain number of years. This law is to ensure that convictions occur only upon evidence (physical or eyewitness) that has not deteriorated over time.

When it comes to allegations of sexual abuse, there are a number of “tolling provisions.” Tolling provisions are suspensions to the statute. This means that when these provisions are available, they can void the statute of limitation.

One such tolling provision is delayed discovery, and in Cosby’s case, where the allegations also allege that Cosby drugged them, it can be a powerful provision.

Delayed discovery is when a victim’s memory of the event is repressed. The statute is “un-suspended” when the victim consciously remembers the sexual abuse that happened. So if a person is sexually assaulted, but does not remember it due to psychological distress or drugging, but then later remembers it, they are able to bring assault charges.

But if a victim has at any point shown that he or she was aware of the misconduct at the time of the crime, or even shortly after, this provision cannot be used to suspend the statute. When a person alleging misconduct realizes the abuse, they on average have about three years to file a sexual assault claim. That length of time is dependent on the state’s laws in which the complaint is filed.

Potential Sentence for Bill Cosby

Each charge of felony aggravated indecent assault carries a maximum sentence of 10 years in prison. It will be up to the judge to determine if Cosby is eligible to serve the sentences concurrently. If that is awarded, the comedian could serve as little as 10 years in prison even if he is convicted on all charges.

Aggravated Indecent Assault Under Pennsylvania Laws

Under Pennsylvania law, where the charges have been brought, aggravated indecent assault is a sex offense.

To understand “aggravated” indecent assault, let’s first review Pennsylvania’s definition of simple indecent assault.

Simple indecent assault is defined under Pennsylvania code section 18 Pa.C.S. § 3126. Under this code section, a person may be found guilty if he or she engages in indecent contact in the following circumstances:

  • By using force to compel the alleged victim to allow the indecent contact
  • By threatening to force the indecent contact and/or subdue the resistance of the alleged victim
  • When the alleged victim is conscious or you otherwise know that he/she is not aware of what is occurring
  • If you drug or otherwise subdue the alleged victim or alter his/her resistance or mindset
  • When the alleged victim has a mental defect or disability that prevents him/her from giving consent
  • When the alleged victim is under 13, or under 16 and the alleged party engaging in the assault is more than 4 years older.

Aggravated indecent assault is defined under 18 Pa.C.S. § 3126 and occurs in the same situations as listed above for simple indecent assault. The difference between the two is that some type of anal or genital penetration occurs in aggravated assault, rather than just indecent contact. Penetration still counts even when it is very slight or lasts only briefly.

Constand Lawsuit Brought by Current DA

In January Montgomery County District Attorney-elect Kevin Steele told reporters the charges against Cosby stem from “new evidence” that was uncovered last year. Steele’s decision to move forward with pressing charges is a reversal of a decision made by the previous district attorney, who chose not to charge Cosby in 2005 when the allegations were first brought.

The lawsuit came just days before the 12-year statute of limitations was to run out. Constand first went to the police in 2005, telling them that the comedian had put his hands down her pants. At that time, Cosby told police that the sexual contact had been consensual.

The case was settled out of court in 2006.

At the time Constand was assaulted she was working for the women’s basketball team at Temple where Cosby is an alum. Now 42, she lives in Toronto and works as a massage therapist. According to her attorney, Dolores Troiani, Constand is eager and willing to work with the authorities.

“She feels that they believe her, and to any victim, that is foremost in your mind: Are people going to believe me,” Troiani said.

Assault Allegations and Mounting Charges Against Cosby

In light of the allegations that have been brought against Cosby by numerous women over the last year, it seems it was only a matter of time before Cosby would face formal charges. But in fact it was the comedian’s own statements that provide the strongest evidence against the comedian. In unsealed statements in the civil lawsuit that Constand brought against Cosby he admitted to having given drugs to women that he wanted to have sex with.

He was asked by Constand’s then attorney, “When you got the Quaaludes, was it in your mind that you were going to use these Quaaludes for young women that you wanted to have sex with?“Cosby replied, “Yes.” He denied giving the women the drugs without their knowledge. He also said he had used sedative “the same as a person would say, ‘Have a drink.’”

During the same deposition, Cosby testified he had given Constand three half-pills of Benadryl and that he had fondled her. “I don’t hear her say anything. And I don’t feel her say anything. And so I continue and I go into the area that is somewhere between permission and rejection. I am not stopped,” Cosby testified.

According to Steele, “reopening this case was not a question. Rather, reopening this case was our duty as law enforcement officers.”

Cosby’s defense attorney Brian McMonagle has slammed the judge’s decision to move forward with a trial. “The evidence presented today was evidence of nothing. They had 12 years to bring an accuser to confront Mr. Cosby. They chose not to,” he said. “There was no evidence of a crime here. And the inconsistencies that plagued this investigation from the beginning continue to plague it now. This case should end immediately.”

But Montgomery County District Attorney Kevin Steele fired back saying the prosecution only had to “prove that a crime was committed and the defendant’s connected to the crime.”

“It’s a preliminary hearing,” Steele said. “Hearsay is admissible, and we’re just over the next hurdle.”

During the comedian’s appearance in court, the comedian, who suffers from vision problems, listened attentively as held onto the arm of his spokesman, Andrew Wyatt.

Constand did not appear in court. As Cosby’s defense team stated, “After hearing the weak, inconsistent and incredible evidence presented, it is clear why the prosecution did not allow its witness to speak and be confronted by the person she has accused.”

“Instead, they chose to rely on an 11-year-old hearsay statement from that witness, riddled with numerous corrections and inconsistencies.”

The prosecution’s first witness, Katherine Hart of the Montgomery County Detective Bureau was called as the prosecution’s first witness. She presented parts of Constand’s January 2005 statement. When she was questioned by the defense, Hart acknowledged that she had not been present for Constand’s entire statement and that another detective had finished the questioning that day. Following the statement, Constand reviewed her statement, and also was able to redact parts of it, according to Cosby’s defense.

As McMonagle questioned, “You’re basically here to tell us what somebody told another detective 11 years ago about what happened 12 years ago?”

Hart replied, “Yes.”

What Was Redacted?

It appears that the defense team might base much of their defense off of what was redacted from Constand’s statement.

For example, initially when Constand recalled visiting a casino where Cosby was performing, Constand alleged that Cosby had invited her back to his room. Though Constand initially stated she had gone to the room, laid down on the bed with Cosby, and that they were touching, she later redacted that and said the two were just close on the bed.

Initial charges were not brought against Cosby due to the fact that it was deemed there was “insufficient credible and admissible evidence.” Constand and Cosby reached a settlement in the civil case in 2006, but the case was reopened in light of the fact that other evidence has come to light - including a 2005 deposition made by Cosby that was recently unsealed.

Cosby has been accused of sexual misconduct by more than 50 women. He has denied every allegation that has been made against him.

Working with an Attorney to Address Sexual Assault Accusations

Allegations of sexual misconduct or assault should be taken very seriously. These types of allegations do not just “go away,” and you will need to be prepared if you are falsely accused. Here are some things you can do:

  • Do not speak with police or investigators until you have contacted a criminal defense attorney. They might try different tactics to get you to admit to a crime you did not commit. Remember that they are always trying to build a case. Simply state that you will not speak with them unless there is an attorney present.
  • Get in touch with a qualified and experienced criminal defense attorney. You’ll want to do this as soon as possible, even if you just expect the charges to be dismissed.
  • Prepare for what the allegations might bring. You will be asked to defend yourself, so you’ll need to be prepared. This means contacting witnesses that can testify or provide an alibi for you. You might also need to take psychological tests, or be asked to provide other evidence.Write down as many details as possible about what you remember.
  • Study. A criminal defense attorney will be able to guide you through fighting the allegations, but it’s in your best interest to understand the legal process and know your rights.

You will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal Criminal Lawyers.

After you have discussed the specifics of your case, your Sevens Legal Criminal Lawyers, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal Criminal Lawyers, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

]]>
Samantha Featured in Attorney Journalhttps://www.sevenslegal.com/awards/samantha-greene-featured-attorney-journal/502/Wed, 25 May 2016 18:27:50 +0000https://www.sevenslegal.com/awards/samantha-greene-featured-attorney-journal/502/Ex-Offenders and National Reentry Weekhttps://www.sevenslegal.com/criminal-attorney/exoffenders-national-reentry-week/500/Thu, 19 May 2016 15:00:42 +0000https://www.sevenslegal.com/criminal-attorney/exoffenders-national-reentry-week/500/April 24 to 30th marked National Reentry Week in every state across the US. While this weekly acknowledgement might mean little to those unfamiliar with the term “re-entry,” it meant everything to ex-offenders that are trying to re-enter the world after serving their prison terms.

National Reentry Week and Ex-Offenders

All 50 states across the nation offered activities focused on connecting ex-convicts connect with housing, legal support, employment, and community based sources outside of prison. Programs like this allow ex-convicts to shed what is commonly referred to as “The Scarlet F” stigma that goes along with having been convicted of a crime.

There are so many laws in place to keep from ever being truly rehabilitated. One such barrier is the fact that an ex-offender is required to check off the “criminal felon box” on every job application they fill out. Additionally, ex-offenders are often not able to obtain ID cards, thus making it close to impossible to even obtain a driver’s license, apply for any form of credit, or even take out a basic bank loan or open a bank account. Because of these barriers, it’s no wonder that 75% of former inmates return to prison.

Shedding Light on Reentry

For thousands of ex-offenders across the nation, National Reentry Week was a very important one. At the April Reentry Conference, Mark Holden, a prisoner reentry activist and Koch Industries representative expressed a sentiment that many others agree on: “Jobs are the best way to stop a bullet.” As part of their corporate model, Koch Industries offers employment to ex-offenders. Holden went on to say that Koch Industries has found their previously incarcerated employees to be “humble, hardworking, and hungry.”

Chances Across the Nation for Reentry

It seems that barriers for reentry are being removed though. Out of the 50 states, 34 have implemented legislation for criminal reform. And the effects of that litigation has already been seen and documented. Decreases in violent crime rates and decreases in the monetary need from federal systems as well as statistically safer and thriving communities.

Los Angeles has even recently made headway into breaking down barriers for ex-offenders. Recently, a $2 million grant from the U.S. Department of Justice and the Department of Housing and Urban Development has been awarded in hopes of helping LA-area ex-offenders 25 and younger get jobs. The program aims to help these young ex-offenders obtain employment, housing, and driver’s licenses. The only requirement is that the ex-offender take the initiative.

As DOJ Director of Access to Justice Lisa Foster explained, “All of us make mistakes. What we know about young people is that they make lots of mistakes.”

“Certificate of Rehabilitation” for Reentry

There are many Californians who can’t get a job or move on with their lives due to damaged reputations because they’ve served time for their criminal mistakes. One way for some people to clear their record is a court order called a California Certificate of Rehabilitation. Although the individual’s criminal record isn’t erased, the Certificate states their criminal history is in the past. This Certificate of Rehabilitation lets the rest of society know the individual has satisfactorily served their time and has become a “rehabilitated” and upstanding member of their community.

Definition of “Certificate of Rehabilitation”

The California Certificate of Rehabilitation is a court ordered document stating that you have served your time for any past criminal activities. It can help you with employment opportunities as well as obtaining professional licenses. If you have been convicted and served time for sexual crimes, in some instances it also removes the requirement of registering as a sex offender.

Who Can Obtain a “Certificate of Rehabilitation” for Reentry?

California Penal Code sections 4852.01 - 4852.21 determine who can obtain a Certificate of Rehabilitation and how they are issued.

To obtain a Certificate of Rehabilitation an individual or their attorney must file a petition with the California Superior Court. Eligibility requirements include a “satisfactory period of rehabilitation” consisting of a specific length of time during which you have not participated in any criminal activity. This period consists of five years as a California resident immediately prior to filing your petition plus two to five years determined by the specific crime you were convicted of. Consulting a qualified criminal attorney will let you know if you have met the required “period of rehabilitation” as well as help you file the necessary petition and required application forms, character letters, and other related documents.

Reentry Hearing to Obtain a “Certificate of Rehabilitation”

After receiving the petition, a hearing date will be set by the court. Before the hearing you should try and meet with the agency that originally prosecuted you in order to get their support. It takes an average of 120 days from the time the petition is file to the hearing date. This varies depending on the county you live in.

At your hearing, you must present favorable evidence in order to convince the judge you should receive a Certificate of Rehabilitation. Rarely will the judge not require you to personally attend this hearing.

“Certificate of Rehabilitation” Not an Order to Seal and Destroy Arrest Records

Different from the motion to seal and destroy your arrest records, a Certificate of Rehabilitation applies to criminal convictions as well as arrests. While this Certificate won’t erase the past, it can help restore some civil rights that you lost when you were convicted. Once your Certificate of Rehabilitation has been granted, there’s an automatic application filed for a Governor’s Pardon, the ultimate Certificate of Rehabilitation.

When faced with serious penalties or spending time in jail or prison, you need to retain a criminal defense lawyer to represent you in court. All criminal cases are different, so the first thing a criminal defense lawyer can determine is what arguments and factors can be used to remove any charges pertaining to the alleged crime.

A Criminal Defense Lawyer Can Reduce Sentencing with “Plea Bargains” or “Deals”

In order to get a reduced sentence, your criminal defense lawyer with help negotiate a “deal” or “plea bargain” with the prosecutor. In some cases it will not only reduce your sentence but in many cases may even eliminate some if not all the charges against you. If the court finds you guilty of the charges, a criminal defense lawyer may be able to negotiate lesser time served or a rehabilitation program which can help prevent you winding up in the criminal justice system again. When discussing your case, your criminal defense lawyer can advise the best way to go in order to reduce your sentence. Sometimes pleading guilty can result in your having a shorter sentence.

Your Criminal Defense Lawyer and Emotional Help

While a criminal defense lawyer isn’t a therapist, they may help you deal with the emotions that accompany criminal trials. They can help by explaining the realities of the legal system and discuss what you may be up against during trial. Since they are well versed in the system, your criminal defense lawyer can also go over court rules and regulations, and the best way to navigate through the system. Also critical in negotiating a reduced sentence are the “unwritten rules” which a criminal defense lawyer is also well versed in.

Your Criminal Defense Lawyer and Accessibility

When it comes to evidence and witness statements, a criminal defense lawyer is better able to procure the necessary evidence and statements in order to help build your case. Witnesses may fear for their safety if speaking openly, but discussions with a criminal defense lawyer can help alleviate their fears in order to provide the testimony necessary to help clear your case.

If you are faced with criminal charges and possible jail time, you need to consult a criminal defense lawyer as soon as possible. Contact Sevens Legal Criminal Lawyers today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Can Tom Hanks and Rita Wilson Be Charged for Son's Alleged DUI?https://www.sevenslegal.com/blog/tom-hanks-rita-wilson-charged-sons-alleged-dui/497/Thu, 05 May 2016 15:00:35 +0000https://www.sevenslegal.com/blog/tom-hanks-rita-wilson-charged-sons-alleged-dui/497/Tom Hanks and Rita Wilson have been sued for their “involvement” in their 25-year-old son’s alleged DUI. But can they legally be charged?

Can Actor Tom Hanks and Wife Rita Wilson Be Charged for Their Son’s Alleged DUI?

Terry Moogan has filed court papers against actor Tom Hanks and his wife Rita Wilson for their son, Chet Hank’s alleged involvement in a car accident involving a DUI. Moogan is claiming that Hanks and Wilson are responsible because they allowed Chet Hanks to drive their car while he, according to Moogan, was “under the influence of drugs and/or alcohol” during a February 25th car accident in which Moogan suffered whiplash and a brain injury after hitting his head on the dashboard.

The lawsuit claims, “Despite knowing that Chester Hanks was a careless and reckless driver and a habitual user of drugs and alcohol, they negligently permitted Chester Hanks to operate their vehicle.”

As Chet Hanks admitted in a series of Instagram videos, “A couple of months ago, I was selling coke, doing coke until I couldn’t even snort it up my nose anymore because it was so clogged. If I can change, you can change. There is a solution.”

In another post he states, “I’ve been in rehab. I’ve been trying to get my s–t together, and I’m doing pretty damn good.”

And on January 29 he announced that he had hit his six-month sobriety mark, tweeting: “Blessings are happening all around me,” he tweeted.

Does Moogan Have a Case?

While Moogan has claimed that Hanks was under the influence, police were not called to the scene and Hanks was never charged with driving under the influence. That means that there is no record of Hanks being under the influence at the time of the accident.

Additionally, Hanks is 25 years old - far over the age of 18 at which his father and mother might run the risk of being sued.

State laws vary when it comes to a parent’s liability for their child’s harmful actions, but typically that can only be used for an underage child, or one that is considered to be a legal dependent (if over the age of 18). This most likely does not apply to Hanks, who has an established career of his own, and thus is not likely considered a dependent.

While Moogan might be able to claim that Tom Hanks and Rita Wilson should have not allowed their son to drive their car knowing that he had past issues with drug use, the case he is trying to bring is very weak in a lot of areas.

Still, DUI allegations should not be handled lightly, and if you have been accused of driving under the influence, even if there was no report filed, you should still contact a DUI attorney.

Steps to Investigating Typical DUI Charges

The first step in a DUI investigation is being pulled over by a police officer, which can be scary. The first thought you might have is when is the officer going to ask, “Have you had anything to drink today?”

Since the officer can’t force you to answer any questions that could be considered incriminating, the best answer might be to tell them you prefer to speak with a DUI attorney before answering their questions. Having a blood alcohol (“BAC”) content under 0.08 is not considered driving under the influence. Admitting that you may have had one beer just explains why your breath smells of alcohol.

The second step in a DUI investigation are field sobriety tests. California does not give you the right to consult an attorney prior to these tests, but you can still politely decline to take them since you are not legally required to submit to these tests. The risk of these tests is that if an officer takes a subjective view they could decide you failed even though the test results were borderline. These results could then be used to convict you for a DUI. However, if a police officer genuinely suspects you are intoxicated, chances are good you won’t get away with a warning.

The next step in a DUI investigation is the Preliminary Alcohol Screening (PAS) test. This test is normally a breathalyzer test, which is a chemical test prior to being arrested. A breathalyzer test is the most common one used by police officers to identify drivers driving under the influence. Breathalyzer tests are also used after an arrest as well. Before actually being arrest, you have the right to refuse to take the breathalyzer test. If you are afraid your blood alcohol level is high, you can take it knowing the possibility exists of later impeaching the test results.

If you have been lawfully arrested for DUI, the law requires you to undergo the administration of a chemical test by a police officer to determine your blood alcohol level (“BAC”).

According to California’s “Implied Consent Law,” you are required to submit to chemical testing to determine your BAC if a police officer arrests you for DUI and the officer has probable cause to believe you were driving under the influence.

After being arrested, often you can chose either the breathalyzer or chemical tests. The breathalyzer is fairly reliable, but the results aren’t for a number of reasons. Breathalyzer tests don’t test for blood alcohol concentration (“BAC”), which requires a blood sample be taken to be analyzed. Because of this, the police will indirectly make an estimate of your BAC.

Blood Test to Confirm DUI

The most accurate tests to determine BAC are blood tests. Because of this, if given the choice you should choose a blood test if you feel your BAC is under the legal limit of 0.8. Also, your blood sample must be preserved under a specific set of rules that will then be available for your attorney’s use in order for their later independent testing and analysis.

Although you can’t be forced to take a chemical blood test, if you refuse the Department of Motor Vehicles will suspend your California Driver’s License for one year, no matter what the outcome of the DUI case against you. You can request a hearing to contest the suspension, but it must be requested within 10 days from your DUI arrest date.

The Law Offices of Sevens Legal Criminal Lawyers, understands DUI cases inside and out, and they are committed to uncovering contradictory evidence, procedural errors, or violations of your rights. We determine the correct defense strategy based on the facts pertaining to your case. Sevens Legal Criminal Lawyers, handles all DUI cases such as:

First DUI Offense DUI: Almost 80% of our clients who are first offenders have their cases resolved without a DUI conviction.

Underage DUI: Underage juvenile DUI offenders have unique challenges relating to these charges, and respond according to these challenges.

Felony DUI: Felony charges involving DUI require immediate attention. These DUI charges include injury or a 4th offense in a 10-year period.

DUI and Drugs: If the drugs are prescription drugs or banned (“street drugs”) substances, they carry the same penalty as a DUI involving alcohol.

Multiple DUI Charges: These types of charges involve higher penalties depending on the number of times you have been convicted previously for DUI. Many times we can successfully reduce the statutory jail time by seeking treatment options.

DUI Resulting in an Accident: This also includes injury and/or death, or property damage. These require an experienced criminal defense attorney. These charges may involve possible time in a state prison, so it’s imperative to hire a skilled and diligent criminal defense attorney.

Boating and DUI: Operating a boat while under the influence of drugs or alcohol carry the same negative consequences as driving a vehicle and being intoxicated.

DMV DUI Hearing: It is imperative to act promptly in order to protect driving privileges. The hearing must be requested within 10 days of your arrest, otherwise the DMV will automatically suspend your driver’s license.

Beating a DUI charge is never easy, even if you have a strong defense, which is why it’s important to hire an experienced DUI Defense Attorney.

In DUI cases there can be numerous possible police errors, all of which can add up to helping reduce your charges. After reviewing the facts of your DUI case, our attorneys will concentrate on helping seek a dismissal or reduction by preparing a secure case that will cast doubt on any evidence the police may have obtained against you.

The criminal defense lawyers at Sevens Legal Criminal Lawyers, believe every defendant deserves a zealous defense. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Three Indicted on Human Trafficking Chargeshttps://www.sevenslegal.com/criminal-attorney/indicted-human-trafficking-charges/495/Thu, 28 Apr 2016 15:00:41 +0000https://www.sevenslegal.com/criminal-attorney/indicted-human-trafficking-charges/495/Last year officials arrested James Joseph Jr., Avisa Lavasani, and Anthony Reynolds on accusations of operating a high-priced human trafficking prostitution ring out of California for 14 years. The three have now been indicted on numerous felony charges for luring a number of women into a multistate, forced-sex labor ring.

Human Trafficking Charges Result in Three Indictments

Last year 50-year-old James Joseph Jr. and his common-law wife, 34-year-old Avisa Lavassani, were arrested at their home after acting on information provided by one of the couple’s prior victims. Additionally, authorities arrested 42-year-old Anthony Reynolds for allegedly helping the couple.

The couple lured in women between the ages of 18 and 25 with promises of make-up artist and modeling contracts. The women were then forced into prostitution as part of a human trafficking operation that stretched from California to Cleveland, and from Miami and New York. This operation allegedly netted the couple $20,000 to $30,000 a week.

Authorities were tipped off when one of the women escaped from where she was being held with six other women in Contra Costa County and contacted local law protection.

Charges for Defendants

James Joseph Jr. and Avisa Lavassani were charged with kidnapping for rape, kidnapping for extortion, human trafficking and conspiracy. Anthony Reynolds faces charges of human trafficking and conspiracy.

According to San Ramon Police Department Chief Joe Gorton: “This investigation has shown us that human trafficking does not stay within jurisdictional lines and it doesn’t just happen in big cities or at ports and truck stops. Human trafficking can occur anywhere and it can be hidden in plain sight.”

California is one of the states that have the worst human trafficking problem. Out of the top 10 areas with the most activity in the United States San Diego, San Francisco, and Los Angeles are at the top of the list.

There are subtle signs of human trafficking everywhere, we just have to pay attention. Things such as police raiding a house where humans are stashed, or the local news reports about a young woman that was sold into prostitution. These are just some of the stories that have surfaced about the increasing industry of human trafficking.

The modern form of human trafficking slavery has occurred in the last five years. It has its roots in the long established drug smuggling trade and has widened its scope with the addition of social media. The trans-national and domestic drug gangs have diversified their business, adding the lucrative human trafficking to their other businesses of drugs and moving guns. Social media provides an easy way to recruit victims, especially when it comes to the sex working industry. Today dealers of human trafficking are sophisticated, organized, and adept in technology.

To the casual observer, it’s baffling to understand how an individual or groups of people can enslave others. These people use fraud, force, and coercion and prey on people’s desire to improve their lives. They use the promise as bait to ensnare them into a live of slavery. The areas victims of human trafficking are forced into include prostitution, involuntary labor, and various other forms of servitude to repay their debts. Many times victims are just children. Other victims are sometimes paid to illegally transport items into the U.S., then they find themselves enslaved in the hands of their traffickers.

Victims of human trafficking end up in an unfamiliar culture, a language they may not speak, no identification documents, and stripped of the freedom they thought they would have by coming to America, the land of promise. The promise and guarantee of the basic human rights that every U.S. citizen is guaranteed of. Instead, they fear for their lives and that of their families.

The size and extent of the human trafficking industry is staggering. It brings in a worldwide profit of approximately $32 a year, profoundly affecting the most vulnerable human beings in the world - mainly women and children.

Sex Slave Human Trafficking

In California the human trafficking in sex slaves is so extensive that there are not enough law enforcement to address the problem. Because of this, private and state organizations are involved. Human traffickers use force, coercion, and bring people across borders in order to get sex workers. Crimes like these are usually committed against children and women where they work in brothels called massage parlors, underground brothels, strip clubs, and online escort services, working the streets as prostitutes.

Another source of sex workers that frequently is used is a state’s foster care system. A study of Alameda County, California, found that 55% of victims, many girls, bought and sold for sex had spent time in foster care youth group homes. In New York 85% of trafficking victims were part of the child welfare system. The head of Florida’s state trafficking task force indicates approximately 70% of the victims were foster care youth.

As a human trafficking symposium California Attorney General Kamala Harris talked about how the state’s foster care system is broken, contributing to the problem, “Human trafficking is not a monolith. There are many components … all of the discrete parts contributing to our concern about human trafficking, our foster care system is a big one. … The foster care system in California is not working.” Harris mentioned during her address that 59% of children who are arrested for prostitution and related charges in L.A. County had spent time in foster care. This 2010 statistic created audible gasps from an audience made up of over 100 law students, victim’s advocates, and county officials.

Social Media and Human Trafficking

According to Prosecutor Aron DeFerrari in the Joseph Jr. and Lavassani case, the couple used a wide range of tactics, including offers and promises of “modeling contracts” and “makeup artist contracts” if they performed sex acts for money. These false promises are not unheard of in the sex trafficking industry.

A new trend human traffickers are adopting is technologies such as social media to recruit victims, help them evade the law, and assist promoting their crimes. Social media sites like Twitter, Facebook, Instagram, and other online apps people use worldwide for personal fulfillment, human traffickers use in order to prey for victims online, such as children and teens. They also assist them in locating new victims which help them enslave unsuspecting people.

The human trafficking business in sex has particularly moved online. With the Internet, Traffickers can increase their reach by posting advertisements on classified advertising websites to find clients, and by using social media to recruit victims. These traffickers are not only moving online to the Internet, they are only getting more sophisticated.

How California is Dealing with Human Trafficking

With the booming economy, liberal politics, and international population, California is a hot spot when it comes to human trafficking. Because of this, citizens of California got serious in 2014 and decided to do something about the problem. Proposition 35, known as the CASE Act, had been passed by voters in November, 2012, with over an 81% approval.

Under Prop 35’s statutes, human traffickers who are caught can serve 15 years to life in prison. Prop 35 also requires those convicted of sex trafficking to register as sex offenders, as well as having to disclose any Internet accounts they may have. It also requires those convicted of human trafficking to pay for services that will help the victims of this crime.

Prop 35 also provides victims of trafficking with the same protection level as rape victims currently have under the Rape Shield Law. Victims of this crime also will not be prosecuted if they were forced into engaging in commercial sex acts by their traffickers. This gives them the ability they need to face the people who exploited them in court, without fearing that they will also be prosecuted.

Prop 35 also enhances training for law enforcement officials which will assist them to conduct sensitive work better when dealing with human trafficking victims and the prosecution of these crimes.

SB955 is another legislative that permits the courts to authorize wiretaps on traffickers in order to prosecute or investigate them. SB1165 is another which permits public schools in California to offer prevention education to teach students how to avoid getting involved in sex trafficking. Law enforcement and their partners also uses sophisticated responses to human traffickers to dismantle and disrupt their networks. Innovative investigation techniques augment more traditional tools of law enforcement to help combat these new challenges.

For example, the same technology used to acquire victims for human trafficking can also provide a digital trail by law enforcement to efficiently monitor to collect and analyze activity and data. While the Internet is a valuable tool to collect victims, it’s also a valuable investigative tool to catch perpetrators. There are currently several development efforts, as well as research, that are going on to decide the best way for law enforcement to use current and future technology to fight human trafficking.

Human trafficking suffered a major blow when MyRedBook.com was seized and shut down by the FBI. This website was an established online San Francisco escort directory that had been operating for years. The two people who had been suspected of operating the website were arrested and charged with various crimes including racketeering, money laundering, and other state and federal law violations.

When it comes to eliminating human trafficking, California looks like it’s headed in the right direction. Kamala Harris, California’s Attorney General, has had a very proactive approach for much of her political career when it comes to human trafficking. Governor Jerry Brown signed a seven bills late last year designed to improve prosecution of crimes where victims are forced to be prostitutes and forced into domestic servitude and sweatshop labor. There are also a number of private organization that are dedicated to getting rid of human trafficking and helping victims get back to a normal life.

While that has been much done, the fight for human rights isn’t over yet. For questions and help related to human trafficking, you need the expert advice and experience of a criminal defense attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Coachella Weekend Big Business for Aladdin Bail Bond Companyhttps://www.sevenslegal.com/blog/coachella-weekend-big-business-aladdin-bail-bond-company/492/Thu, 21 Apr 2016 15:00:50 +0000https://www.sevenslegal.com/blog/coachella-weekend-big-business-aladdin-bail-bond-company/492/Aladdin Bail Bond’s Indio Valley branch is usually pretty busy this time of year. Why? The Coachella Music Festival. But it seems this year, with the implementation of Proposition 47, business has been slowing down.

Coachella Weekend Boon for Aladdin Bail Bond Company

When Proposition 47 passed last year, it reduced the punishment for a number of drug possession charges, which means it also caused a drop in the amount of customers Aladdin Bail Bond gets for during the Coachella festival’s two three-day weekend events. With less people being put in jail for drug charges, that means less people are in need to obtain bail bonds to get them out of jail.

Still, Aladdin wants festival goers to know they are there should the weekend’s partying lands them in jail. The company has rented a local woman’s lawn as a place to set up a tent to advertise that Aladdin can supply a bail bond should they need one. The tent lures potential customers in with not only electronic dance music, but also free waters.

“Any eyes we can get means better business for us,” said Aladdin Bail Bonds manager Alma Santana.

So far the set-up has worked for the company. This past weekend was the first weekend of the event and Aladdin helped to bail out two concert goers that wound up in Indio Jail for drug possession. While thirty-three other people were cited, they were released by police, no doubt a result of Prop 47’s new take on drug possession.

Two years ago Aladdin bail bondsmen handled close to ten times the amount of clients that they did this past weekend. In fact, during the same weekend two years ago, on average the company secured 20 clients per day that needed bail bonds. Because most Coachella-related offenses are drug-related, and since the passing of Prop 47, most concert goers that are detained by police never end up in jail, and thus do not need Aladdin’s bail bond services. Sometimes those concert goers are detained, questioned, and then released to return to the festival before the night even ends.

“They don’t have to get booked in, so they don’t have to post bail,” said Santana.“It’s fewer than before, but it’s still plenty busy,” she said.

Bail Bonds

Chances are you will have to get a bail bond to get out of jail if you or your loved one has been arrested for any type of serious crime. You may have also seen television commercials about bail bonds, but unless you’ve directly dealt with the issue of posting bail, you may find that you need a brush up on your knowledge about bail bonds.

The Meaning of “Bail”

Bail constitutes an agreement between you, the defendant, and the court. As the defendant, you agree to post a specific amount of money in exchange for the assurance that you’ll return to court for your scheduled court date. Upon appearing in court as scheduled, and as stated in the bail bond agreement, you get your money back.

As an example, if the court sets bail at $15,000, this means you can pay $15,000 to the court in order to be released from jail. Once you return to court on your specified date, you’re able to get your money back. You’ll get your money back even if you’ve been convicted at your trial. However, you don’t show up for even one of your court dates, you will immediately forfeit your $15,000 and a warrant for your arrest will be issued. If you can’t pay the bail the court has set, you won’t be able to get released from jail. Therefore, you will have to remain in jail until the date the court has set for your trial.

Not being able to post your bail can be a difficult and stressful situation. It means you may have to remain in jail for months between the time of your arrest and the beginning of your trial. Because of this, posting bail usually becomes your first priority after being arrested. Therefore, this is the reason people turn to bail bondsas a means to be released from jail.

How Bail is Determined and Set

Once you’ve been arrested, you’re immediately booked to jail. Once in jail, all your vital information, such as name and personal information, as well as your photo and fingerprints are recorded in the police department’s computer and database. Also, all your personal items are impound. After being booked, you’ll be given a sobriety test. This may be a second sobriety test if you’ve been arrested due to failing the first sobriety test. After this, you’ll be permitted to make one phone call, after which you’ll be put into a jail cell. After this your hearing will be scheduled, where the judge will decide what the amount of your bail will be. This usually happens within 48 hours after your arrest.

Normally the majority of jurisdictions use a schedule for bail to decide the bail amount that should be set. The Superior Court of Los Angeles County sets a bail of $20,000 if a person has been arrested for a felony. The maximum sentence possible for for a felony is 3 years in jail. However, the judge hearing the case has considerable leeway when they decide to set bail. Frequently they will also take external circumstances into consideration when setting bail.

As an example, if this was your first offense, you are currently employed, and have a family in the area, the judge may decide to reduce your bail amount below the required amount. The judge may even decide to completely discard it.

Another example would be if you have multiple offenses on your record and the judge thinks you might be a flight risk. In this instance, the judge’s decision might be to increase your bail or even revoke your ability and permission to post bail.

Some jurisdictions may assign your bail as soon as you’re booked and not wait for an initial hearing. This typically happens only in low level offenses. A police officer will advise you whether you will be able to immediately post bail of if you will be permitted to use a credit card to pay your bail amount.

How Bail Bonds Work

Bail bonds are similar to personal loans. After putting down a small percentage for the total amount, a bail bondsman or agent, gives you the rest of the money needed for your bail. Like a loan officer, this bail bondsman or agent is similar to the lender of a personal loan.

As an example, if your bail is $15,000, you or a family member would be required to make a deposit of $2,000. The bail bondsman or agent would then give you the $15,000 bail needed for you to “post bail.” Most bail bond companies also will require you to provide them with some type of collateral in order to get the remaining money needed for your bail bond. Collateral is usually a deed to your house, item of jewelry, or car. This collateral is used in order to secure the bail bonds’ loan in case you don’t show up at your appointed court date, in which case you would not get your money back. After your trial is over, and you receive your money back from the court, the money is returned to bail bond company you received your bail from.

Due to the fact that this is a financial risk the bail bondsman and bail bond company take because of this loan, they will often take additional precautions to make sure you attend all of your court dates. The bail bondsman wants to make sure his or her company receives back all the bail money it loaned you. As a result of these precautions, bail bond companies will frequently do the following:

  • Prefer a relative or friend put up the necessary collateral for your bond. This is because you will then be less likely to miss a court date since your relative’s or friend’s house or property is on the line in for your bail bond.
  • Call you before each court date in order to remind your about your upcoming trial.
  • Require you to make periodic check-ins at their bail bond office to make sure you haven’t left town.

Like most defendants, you will probably agree that these precautions are a small prices to pay in order to be able to stay out of jail while waiting for a trial date or during your trial.

Bail Bonds and Their Various Types

Some of the different bail bonds that are available include:

  • Surety Bond: This type of bail bond is secured by an insurance company. It’s common for bail bondsmen to work with insurance companies in order to provide financial backing for their bonds.
  • Property Bond: If you own property (i.e., a house), the bail bondsman may be able to use this as collateral instead of putting down cash. With this type of bond the court places a lien on your property and can sell it if you do not appear for your court date(s).
  • Release on Own Recognizance: Sometimes a judge will agree to release you without setting any bail amount. This normally happens only if you are accused of a low level crime and the judge doesn’t consider you to be a flight risk.
  • Cite Out: This would be if you are caught doing something illegal and the officer then decides to issue a citation to appear in court instead of booking you into jail.
  • Immigration Bond: If you are detained by Immigration and Customs Enforcement (ICE), an immigration bond will permit you to be released from jail until your hearing is completed.

Bail and Bounty Hunters

If you decide to flee or skip your trial and a bail bondsman is not able to reach you, chances are they will then hire a person called a “bounty hunter” in order to track you down and then return you to custody.

How to Secure a Bail Bond

If your bail amount is set higher than you or your family member or friend can afford, you will need to secure a bail bond as soon as possible. However, there are still important considerations and questions you need to take into consideration.

A bail bondsman will want to make sure they’re getting the most for their money. To do this they will charge a bail bond bond premium fee that is usually 10-20% of your bail bond amount. This fee is normally not refundable. This means that even if you show up for all your court dates and receive your bail money back, you will never get that 10-20% of your money back.

Therefore, it would be wise to look for a bail bondsman that would require a lower premium. Also, you will also want to take into consideration if there is an initiation or application fee in addition to the premium.

In addition to bail bond feeds, there are also court and attorney fees you need to take into consideration.

If you have been arrested and accused of a crime, you needs to acquire and work with a criminal defense attorney such as Sevens Legal Criminal Lawyers. Once you have discussed the specifics of the allegations against you with your attorney, they will inform you of the strengths and weaknesses pertaining to your case, as well as any risk of conviction and punishment you may be facing. A criminal defense attorney such as Sevens Legal Criminal Lawyers, can also negotiate a plea deal as well as decide to move forward with trial, while working constantly to make sure your best interests are served. At Sevens Legal Criminal Lawyers, every defendant has a right to our zealous defense. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Settlement Proposal in Kesha Sexual Assault Lawsuithttps://www.sevenslegal.com/blog/settlement-proposal-kesha-sexual-assault-lawsuit/488/Thu, 07 Apr 2016 15:00:45 +0000https://www.sevenslegal.com/blog/settlement-proposal-kesha-sexual-assault-lawsuit/488/Two weeks after appealing a judge’s decision on a court injunction, it appears that Kesha might have received a settlement proposal in her sexual assault lawsuit. Unfortunately, it looks like it’s not something that the “TikTok” singer will be agreeing to.

Freedom if Kesha Denies Sexual Assault Allegations

Kesha recently took to Instagram to share this message: “So. I got offered my freedom IF i were to lie. I would have to APOLOGIZE publicly and say that I never got raped. THIS IS WHAT HAPPENS behind closed doors. I will not take back the TRUTH. I would rather let the truth ruin my career than lie for a monster ever again.”

It would appear the singer received a settlement proposal, but only if she were to deny the allegations she has launched against Dr. Luke, a producer she worked with for 10 years.

Sexual Abuse Charges for Dr. Luke

In 2014, Kesha, full name Kesha Rose Sebert, 28, filed a lawsuit against Dr. Luke, real name Lukasz Gottwald, 42, that alleged the producer has sexually drugged her, raped her, and verbally abused her since she began working with him at the age of 18.

Kesha is widely known for her debut single “TikTok.” The album topped the Billboard Hot 100 for nine weeks at the end of 2009. It went on to set 610,000 digital units. Gottwald is protégé of super-producer Max Martin and has produced huge hits such as Kelly Clarkson’s “Since U Been Gone,” Pink’s “U + Ur Hand,” Katy Perry’s “I Kissed a Girl.” Since 2011, he has had an arrangement with music conglomerate Sony Music that allows him to run the imprint, Kemosabe Records while writing and producing music exclusively for Sony.

March Denial of Court Injunction

In March, New York judge Justice Shirley Werner Kornreich denied Kesha’s movement for a court injunctionthat would have allowed her to record music without Dr. Luke. The denial of the court injunction (an order issued by a court that forces a defendant to stop doing something) meant that Kesha would still remain under her Sony Music contract.

Initial Sexual Assault Lawsuit

The 2014 lawsuit that Kesha files against Gottwald alleges that the producer “sexually, physical, verbally and emotionally abused” her for years. In that lawsuit, Kesha’s goal is to void the contract that she signed with Dr.Luke and Sony so that she will be allowed to work with other labels and publishing units. She also is seeking to receive damages for the abuse she alleges occurred.

Gottwald has always denied the allegations. As Gottwald’s lawyer, Christine Lepera, said following the ruling on the court injunction, “As Dr. Luke has said repeatedly, the allegations against him are outright lies that have been advanced to extort a contract negotiation and money. Kesha and her counsel have cavalierly subjected Dr. Luke and his family to trial by Twitter, using a vicious smear campaign to ruin his reputation for financial gain while failing to support their claims.”

One thing that supports Lepera’s statement is the fact that in 2011 Kesha testified on video that Gottwald had not made advances at her. In that testimony, she explicitly stated: “Dr. Luke never made sexual advances at me.”

The singer has since stated that she lied out of fear of retaliation from Dr. Luke.

Appeal of Judge Kornreich’s Sexual Assault Decision

In late March, Kesha decided to appeal Judge Kornreich’s decision to deny the court injunction. Court documents state that the court erred in coming to its decision. “Plaintiff seeks reversal of the Order on the following grounds,” read the documents. “First, the Court erred in basing its decision on its finding that Kesha could record without interference from Gottwald. Although it recognized that ‘slavery was done away with a long time ago’ and that ‘[y]ou can’t force someone to work . . . in a situation in which they don’t want to work,’ the Court’s ruling requiring Kesha to work for Gottwald’s companies, purportedly without his involvement, does just that.”

A New York appellate court will now have to weigh in on the case.

Dr. Luke Responds to Latest Instagram Post

Dr. Luke has always denied the allegations against him, and it makes sense that he would respond to the singer’s latest words regarding the pending lawsuits. In response to Kesha’s recent Instagram post, a representative for Dr. Luke said:

“Kesha’s Instagram posting is false. The Court repeatedly stated Kesha is already free to record without Dr. Luke, and that she had not presented any facts supporting her claims. That’s because all the evidence - including Kesha’s own videotaped sworn testimony - show her allegations are false. The only thing Kesha is not free to do is to continue to lie about Dr. Luke through publicity stunts and outrageous smears, ignoring the fact that by her own free will she went to work and entered into new contracts with Dr. Luke years after this ‘incident’ supposedly happened. Her goal all along has been solely personal enrichment by seeking to break contracts that brought her success and millions so she can enter into more lucrative ones. We look forward to our day in court holding Kesha accountable for her lies.”

While it’s unclear what was contained in this possible settlement agreement, or even where the agreement came from, what is clear is that this case will continue on.

Addressing Rape Accusations

Sexual assault crimes are taken very seriously by the law. If you have been falsely accused you might assume that the charges will just be dropped because of how ludicrous they are to you. But take this case for example - and the wide-reaching effects that it had on just members of the fraternity associated with the rape allegations. These types of allegations do not just “go away,” and you will need to be prepared if you are falsely accused. Here are some things you can do:

" Do not speak with police or investigators until you have contacted a criminal defense attorney. They might try different tactics to get you to admit to a crime you did not commit. Remember that they are always trying to build a case. Simply state that you will not speak with them unless there is an attorney present. " Get in touch with a qualified and experienced criminal defense attorney. You’ll want to do this as soon as possible, even if you just expect the charges to be dismissed. " Prepare for what the allegations might bring. You will be asked to defend yourself, so you’ll need to be prepared. This means contacting witnesses that can testify or provide an alibi for you. You might also need to take psychological tests, or be asked to provide other evidence. Write down as many details as possible about what you remember. " Study. A criminal defense attorney will be able to guide you through fighting the allegations, but it’s in your best interest to understand the legal process and know your rights. " You will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal Criminal Lawyers.

Dr. Luke Defamation of Character Suit

In response to the allegations of sexual misconduct that Kesha brought against him, Dr. Luke filed a defamation and breach of contract against the singer.

Defamation Lawsuits

Defamation lawsuits can be brought when false statements of fact are made that cause injury to the person being talked about. In this case, Cosby’s lawyers are alleging that the statements made by Johnson have caused harm to Cosby.

But just because someone claims defamation of character, essentially creating a “he-said/she-said” kind of argument, does not mean that a lawsuit will be successful.

Defamation is a false statement of fact. Johnson’s claims will need to be determined as “false” before they can be constituted as a defamation of character.

But truth is not the only defense available to someone that is being sued for defamation. Here are the major defenses often used in defamation lawsuits:

" truth " the defamatory statement was just a statement of opinion. This is a successful defense because a statement of opinion cannot be “defamatory.” " absolute privilege - Certain types of communications considered to be"absolutely privileged." This means the person making the statement has the absolute right to make the statement, even if it is defamatory. In this case, the person making the defamatory statement is considered immune from a defamation lawsuit. " qualified privilege - Certain types of communications are subject to “qualified privilege.” This means the person making the allegedly defamatory statement may have had some legal right to make that statement. When qualified privilege applies to a statement, it means the person suing for defamation will need to prove the person who made the defamatory statement acted intentionally, recklessly, or with malice, hatred, spite, ill will or resentment. " retraction of the allegedly defamatory statement - When a defamer retracts the allegedly defamatory statement.

After you have discussed the specifics of your case, your Sevens Legal Criminal Lawyers, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal Criminal Lawyers, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.

Sevens Legal Criminal Lawyers, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal Criminal Lawyers, criminal defense lawyers, call (619) 430-2355. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Los Angeles Ranks Third in California for Violent and Property Crime Increaseshttps://www.sevenslegal.com/criminal-attorney/los-angeles-ranks-california-violent-property-crime-increases/485/Thu, 31 Mar 2016 15:00:16 +0000https://www.sevenslegal.com/criminal-attorney/los-angeles-ranks-california-violent-property-crime-increases/485/According to recently released data from the FBI and the Public Policy Institute of California (PPIC), Los Angeles ranked third out of 25 for violent and property crime increases for the first half of 2015.

Los Angeles Third in Violent Property Crime Comparison

According to the data from Public Policy Institute of California (PPIC), rankings for violent-crime listed Sacramento for first place, Long Beach for fifth place, and San Francisco took eighth place.

“However,” the PPIC says its analysis, “the data also show that cities in other states are also experiencing increases, especially in violent crime.”

Why? Proposition 47

This data calls into question the fact that California’s voter-approved Proposition 47 might be to blame for the ranking. Proposition 47 was the ballot initiative passed by California voters on November 4, 2014 that reduced some drug possession felonies to misdemeanors. It also requires that petty theft, receiving stolen property, and forging bad checks when the amount involved is $950 or less are charged as misdemeanors. This update to criminal law could be the reason behind these numbers.

Still, according to the PPIC, the data “are a strong indication that recent crime increases have occurred across the state.”

“They underscore the importance of monitoring crime trends and the need for careful analysis to identify key causes. If we can identify the factors that are contributing to higher crime rates, we can implement effective crime-preventive strategies.”

Accused of Committing a Crime Such as a Property Crime

Whether it be criminal charges, or simply being pulled over for speeding, chances are if you haven’t had an interaction with a police officer, at some point you will. It can be scary, and often feel as if you are assumed guilty - even for minor infractions. Because of that, it’s important to know that you have legal rights that protect you.

From the moment those lights turn on, or you get the knock on the door, you immediately start questioning what you did wrong and how you are going to prove you are innocent. It’s important to remain calm and act politely.

On TV, or in movies, you often hear that a police officer needs a “search warrant” to enter a home. That’s exactly correct. A search warrant allows an officer the legal right to enter a home or business to look for evidence. Typically a search warrant will include everything contained in the property’s perimeter, including outbuildings and automobiles that are on the property.

An officer is required to knock, announce himself, and use force to enter unless the warrant specifically states the officer can make an unannounced entry. Also, a police officer does not have to “wait” for admittance by the occupant.

The police officer also does not need to display the warrant to the occupant or owner before entering.

Under the search warrant, an officer cannot search the person of anyone found on the premises unless there is reasonable cause to believe that person is engaged in criminal activity or poses a threat to officer safety.

Grounds for Police Issuing Search Warrant

Under California law, these are the requirements for issuing a search warrant:

  • The property was stolen or embezzled
  • The property to be seized is evidence that a felony has occurred or that a particular person has committed a felony
  • The property is child pornography
  • There is a warrant to arrest a person
  • The property to be seized is in possession of someone who intends to use it to commit a crime, or the property is in possession of another person to whom he/she may have delivered it for the purpose of concealing it or keeping it from being discovered
  • A firearm or other deadly weapon was used at the scene of a crime
  • A mentally disturbed person is in possession of a firearm
  • A person subject to a protective order or restraining order is in possession of a firearm and refuses to relinquish it
  • During an investigation of certain misdemeanor crimes where a felony is also suspected
  • An investigator has shown probable cause to a judge.

A Note About Exemptions: Attorneys, doctors, psychologists, and clergy are exempt from searches of professional records that might be in their possession unless they are suspected of criminal activity themselves.

Miranda Rights and Police

In 1966, the U.S. Supreme Court ruled in Miranda v. Arizona, that individuals arrested because they are believed to have committed a crime are allowed certain rights that must be explained to them. This must happen before any interrogation. It’s important to note that these rights only need to be read when a person has been taken into custody. “Miranda Rights” are meant to protect a suspect from self-incrimination and is protected under the Fifth Amendment of the U.S. Constitution. Those “Miranda Rights” are as follows:

  • You have the right to remain silent and refuse to answer questions.
  • Anything you say may be used against you in a court of law.
  • You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
  • If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
  • If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney.
  • Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

Interrogations by Police

Regardless of if you are informally interrogated by a police officer (such as during a pullover for a traffic violation) or formally interrogated for a crime, remember that there are specific laws that protect you. An officer will use any number of tactics to get a confession from you, regardless of you are guilty or not. It has been shown in clinical research that these tactics are effective in getting confessions from people who are later exonerated by DNA, and thus have always been innocent.

There are two key things to remember if you are being interrogated:

  • Interrogations are set up and conducted to produce confessions - even from the innocent
  • The best way to protect yourself is to remain quiet about anything. Do not make a statement without first talking to a criminal defense attorney. The best way to not incriminate yourself is to not say anything at all.

If You End Up In Jail for a Crime Such as a Property Crime

If you are detained in jail, remember there are still ways to incriminate yourself. There are some general guidelines you should follow, including the following:

  • Do not discuss anything over the phone. This is often recorded and can be overheard.
  • Do not discuss with fellow in-mates. Remember that anyone in jail is looking for a way out. That could include providing information about you in order to improve their position with the state.
  • Do not make statements or answer questions without an attorney present.
  • Never waive your rights to something without first speaking with an attorney.
  • Know how to be steadfast with your requirement that an attorney be present during any interrogation or questioning.

Jail and Bond

Unless you are dealing with a minor charge, your bond will probably not be set until you appear before a judge during an arraignment. An arraignment is the first part of courtroom-based proceedings. This is what happens during an arraignment:

  • The person charged goes before a criminal court judge
  • The judge reads the charges against the person
  • The judge asks the person if he or she has an attorney or if they need the assistance of a court-appointed attorney
  • The judge asks the person if they will plead “guilty,” “not guilty,” or “no contest.”
  • The judge sets a bail amount, if necessary
  • The judge announces the date of the future proceedings, such as a preliminary hearing, pre-trial motion, or trial.

During an arraignment, you want to make sure you have the best possible outcome from your case. Ensure that you understand everything that you are being charged with. Make sure you have received counsel.

Working with a Criminal Defense Attorney

Criminal charges can be complex, requiring much gathering of evidence and information. It’s highly advised that you work with an experience criminal defense attorney that will be able to advise you on the best defense.

If you or loved ones is accused or charged with any type of crime call us. Let us support and help you during this tough time. Our firm award winning attorneys provides hope and peace of mind. The Sevens Legal Criminal Lawyers office is located in both San Diego and Escondido. We have time and time again helped Southern California residents get their cases dismissed or penalties reduced.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Woman with Tree Stuck in Car Grill Arrested for DUIhttps://www.sevenslegal.com/criminal-attorney/p468/468/Thu, 17 Mar 2016 15:00:28 +0000https://www.sevenslegal.com/criminal-attorney/p468/468/A woman in Illinois was recently pulled over on suspicion of driving under the influence (DUI). What tipped off police? The fact that the woman had not only run into a 10-foot tree, but also the fact that the tree was still stuck to the grill of her car.

Pulled Over for DUI

While it was obvious that the woman driving this car was impaired, police officers will often need to rely on other indicators of potential DUI. These indicators include a car that is swerving erratically, or a driver that is not following posted speed limits or traffic signs. Police are always scanning the road to ensure that people are driving not only safely, but also soberly.

When a driver is pull over and is suspected of driving under the influence ("DUI"), their first thoughts might be on the officer’s question, “Have you had anything to drink today?”

The First Step in a DUI Investigation is Being Pulled Over

You cannot be forced to answer this or any other incriminating questions. The best response to any questions is would be that you would rather speak to a DUI attorney before answering. Since a blood alcohol content of 0.08 or under is not considered driving under the influence, mentioning you had one beer would explain any alcohol smell on your breath without incriminating you.

The Second Step in a DUI Investigation is Field Sobriety Tests

Field sobriety tests (“FST”) are the second step when investigating a possible DUI. Although you don’t have the right to consult your attorney prior to deciding whether you want to submit to field sobriety tests, you do have the right to politely decline them.

Legally you are not required to submit to these tests, which is often a wise decision. An officer may have a subjective view regarding these tests and decide you have failed them even if the results are not conclusive. However, the test results can be used in court to help convict you for DUI. If the officer truly suspects you were intoxicated, chances are high that he will not walk away and let you go.

The Third Step in a DUI Investigation is a Preliminary Alcohol Screening

A Preliminary Alcohol Screening test (“PAS”), is the breath test, often used as a pre-arrest chemical test but also used after being arrested as well. It is the most common test an officer will use to determine if a driver is driving under the influence. Before being arrested you may refuse this test. If you think your blood alcohol level is high, taking a breath test gives you the possibility of challenging the results later.

The Fourth Step in a DUI Investigation is Arrest

In you are lawfully arrested for a possible DUI, you are required to submit to chemical testing by the officer to determine your blood alcohol content under California’s “Implied Consent Law.”

After being arrested, you may be given the choice of submitting to blood or breath tests. Breath test results may be unreliable since they don’t actually test the blood alcohol concentration (“BAC”), only a blood test can determine this. Because of this, breath tests can only indirectly estimate your BAC.

Since blood tests are the most accurate, if you think your blood alcohol level is below the 0.08 legal limit, you should choose it instead of a breath test. Blood samples have specific rules by which they must be preserved so they can later be available for independent testing by your attorney or for later analysis.

While you can’t be forced to submit to chemical tests, if you refuse your California Driver’s License will be suspended by the Department of Motor Vehicles for one year, whether you are convicted of the suspected DUI or not. To contest this suspension you must request a hearing within ten days after the date you were arrested.

Charges for DUI - Drunk Driving

Charges for drunk driving (“DUI”) are not only serious but also can carry serious consequences. Penalties for DUI vary by case and severity, but following are sentencing guidelines of what you may face if you drink and drive and are then convicted of a DUI.

First Conviction for DUI

For a first conviction for a DUI in California, you would receive:

  • Jail-time of at least 96 hours but not over 6 months.
  • A fine of at least $390 but not over $1,000, including penalties.
  • Suspension of your driver’s license of six months. The court may grant your a temporary restricted license, however it can’t be reinstated until you provide proof of the completion of a “driving under the influence” state-approved program, and also showing financial responsibility.
  • Based on the circumstances of your DUI, being a first time offender you may also be required by the court to install an Ignition Interlock Device, which will be installed at your expense.

For a second conviction for a California DUI you would receive:

  • Jail-time of at lease 90 days but not more than 1 year.
  • A fine of at least $390 but not over $1,000, including penalties.
  • Suspension of your driver’s license of 1 year. Your license cannot be reinstated until you have provided proof of financial responsibility and proof of completion of a state-approved “driving under the influence” program.
  • Based on the circumstances of your DUI, being a first time offender you may also be required by the court to install an Ignition Interlock Device, which will be installed at your expense.

For a third California conviction for DUI you would receive:

  • Jail-time of at least 120 days but not more than 1 year.
  • A fine of at least $390 but not over $1,000, including penalties.
  • The state will consider you an “habitual traffic offender” for 3 years after you’ve been convicted.
  • Suspension for 2 years of your driver’s license. Your license cannot be reinstated until you have provided proof of financial responsibility and proof of completion of a state-approved “driving under the influence” program.
  • You may be able to apply to the court for a restricted driver’s license, but you may be required to install an Ignition Interlock Device, which will be installed at your expense.

For a fourth California conviction for DUI you would receive:

  • Jail-time which may include both jail and prison or at least 180 days but not than 1 year.
  • A fine of at least $390 but not over $1,000, including penalties.
  • The state will consider you an “habitual traffic offender” for 3 years after you’ve been convicted.
  • Suspension for 3 years of your driver’s license. Your license cannot be reinstated until you have provided proof of financial responsibility and proof of completion of a state-approved “driving under the influence” program.
  • You may be able to apply to the court for a restricted driver’s license, but you may be required to install an Ignition Interlock Device, which will be installed at your expense.

When you are arrested and then convicted in California of a DUI, typically a judge will apply guidelines that determine the minimum and maximum sentencing. A judge will also take into consideration the specifics of any previous convictions you may have for DUI.

Illegal Things to Consider When Driving in California

When driving in California, you should be aware of the fact that the following points are illegal:

  • Drivers under the age of 21 are prohibited from transporting or carrying unsealed wine, liquor, or beer, in their vehicle if they are driving alone. Exceptions are if it is work-related.
  • Drivers under the age of 21 are prohibited from driving with a blood alcohol concentration (“BAC”) of 0.01 or higher.
  • Drivers under the are of 21 are prohibited from consuming any form of alcohol, including prescription drugs or cough syrup.
  • Any driver or any age is prohibited from driving with a BAC of 0.08 or higher. A BAC of 0.08 is the standard measurement all states use in order to establish whether a driver is impaired.
  • The driver of any vehicle requiring a commercial driver’s license is prohibited from driving with a BAC of 0.04 or higher.
  • A driver under the age of 18 is prohibited from driving with ANY measurable BAC.
  • Repeat offenders are prohibited from driving with a BAC of 0.01 or higher.

Although these laws are specific to California, the same DUI laws are similar in states throughout the United States.

If you are arrested and face a conviction for DUI, you need to work with a criminal defense lawyer such as Sevens Legal Criminal Lawyers. Once you have discussed the specifics of your cast with a Sevens Legal Criminal Lawyers, attorney they will let you know about your case’s strengths and weaknesses, as well as the punishment you may face and your risk of conviction. Your defense attorney will also be able to discuss any plea deal as well as whether it would be best to move forward to a trial, taking into consideration your best interests.

The criminal defense attorneys at Sevens Legal Criminal Lawyers, believe every client has a right to the best defense possible. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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O.J. Simpson Trial and the Missing Knifehttps://www.sevenslegal.com/criminal-attorney/oj-simpson-trial-missing-knife/466/Thu, 10 Mar 2016 16:00:53 +0000https://www.sevenslegal.com/criminal-attorney/oj-simpson-trial-missing-knife/466/The discovery of what is being called the “missing” knife from the O.J. Simpson trial has opened up a potential new investigation. It appears it will fall to further DNA testing to determine if the knife was indeed related to the 1994 murders.

The Missing Knife in the O.J. Simpson Trial

According to reports, the knife was found while crews were tearing down Simpson’s Brentwood estate. While preliminary review suggested that the weapon was unconnected to the murders of Simpson’s ex-wife, Nicole Brown Simpson, and her friend Ronald Goldman, DNA testing will likely be key. A number of forensic tests are being done now.

According to Mark Fuhrman, the former LAPD officer that was heavily involved in the Simpson case, it should be simple to determine if the found knife was involved in the 1994 murders.

“It can only be a certain width, length and thickness, or it simply isn’t the weapon,” he said. “The autopsy results, especially on Ron Goldman, were very specific.”

DNA Testing

DNA gathering and testing is an important tool to ensure the innocent remain free and the guilty are punished. With the increased use of DNA testing, which began in 1986, it has helped to determine the guilt or innocence of perpetrators in capital cases. As of September 2011 in the US, 273 people have been exonerated due to DNA testing, including 17 people on death row.

What is DNA

DNA is Deoxyribo Nucleic Acid, the essential building block of life that is part of every cell in every living organism. Commonly called the Double Helix, due to its structure, James Watson and Francis Crick are credited with decoding it and were awarded the Nobel Prize in physiology/medicine in 1962. It is often referred to as “the most important biological work of the last 100 years.” DNA is what enables an embryonic cell to become a living, functioning organism.

An important property of DNA is its uniqueness, like a cellular fingerprint. While human and animal DNA are remarkably similar, it’s unique to each individual. The exceptions are identical twins and bone marrow transplant recipients. An individual’s DNA remains unchanged during their life, and is a reliable identifier found in every cell.

DNA testing can be done on any biological specimen like skin, semen, saliva, hair, or blood. If the biological evidence is collected and preserved properly, kept free from contamination, and is analyzed correctly, it can help convict or exonerate a person charged with a capital crime. Under these conditions, DNA testing is more accurate than fingerprinting.

DNA and the Jury

In the US criminal justice system, juries are instructed to render a guilty verdict ONLY if no reasonable doubt exists. Whenever a conviction if overturned as a result of DNA evidence, one may assume that the jury had reasonable doubts but ignored them. If, due to their ignorance, an innocent person is sent to death row or must spend the rest of their life in prison, should the jurors be penalized? Perhaps knowing an innocent person has been convicted and put to death due to their actions is punishment enough.

Nationwide Exonerations Statistics Due to DNA Testing

Some statistics that were posted on February 7th, 2007, indicated there has been 329 exonerations given after convictions due to DNA testing in the United States.

  • The first exoneration due to DNA testing was in 1989. Since 2000, 262 exonerations have been granted in 37 states.
  • Of the 329 people exonerated due to DNA testing 20 served time on death row, and 16 others charged with capital crimes did not have a death sentence.
  • The average time an exoneree served was 14 years. The total years served is approximately 4,505.
  • The average age for an exoneree when they were wrongfully convicted was 26.5.
  • The races for the 329 exonerees included 205 African Americans, 98 Caucasians, 24 Latinos, and 2 Asian Americans.
  • Real suspects and/or perpetrators have been identified in 161 of the DNA exoneration cases.
  • Tens of thousands of cases have been identified since 1989 where the prime suspect was pursued and identified before DNA testing proved they were wrongfully accused.
  • In a National Institute of Justice study, over 25% of cases suspects were excluded after DNA testing was done as part of the criminal investigation (the 1995 study included over 10,000 cases where FBI labs perform the testing).
  • The federal government, including the District of Columbia, and 30 states have passed laws compensating people who have been wrongfully incarcerated. So far 71% of DNA testing exonerees have been financial compensated. These awards vary from state to state.
  • A review of closed cases from 2004 to 2010 by the Innocence Project revealed 22% of closed cases were because evidence had been lost or destroyed.
  • Of the 329 DNA exonerations, the Innocence Project was involved in 176 of them. Others were assisted by Innocence Network organizations as well as private attorneys and pro se defendants.
  • Of the DAN exonerees, 31 pleaded guilty to crimes that they didn’t commit.

Leading Causes for Wrongful Convictions

Exonerations due to DNA testing provides positive proof that wrongful convictions are neither rare nor isolated. Many times they are the result of systemic defects that can be specifically identified and address. The Innocence Project has worked for over 15 years to pinpoint and identify these trends. Wrongful convictions that have been overturned due to DNA testing involve multiple causes.

The leading cause of wrongful conviction is eyewitness misidentification testimony. In 72% of post-conviction DNA exoneration cases in the US it was the factor. A minimum of 40% of these involved cross racial identification. Currently race data is available only on the victim rather than for non-victim eyewitnesses.

It’s been shown in studies that people can’t easily recognize faces of different races from their own. Reforms based on this study have been embraced by leading criminal justice organizations and adopted in North Carolina and New Jersey, as well as large cities such as Seattle and Minneapolis. Many smaller jurisdictions have also adopted them.

A second cause is the invalidation or improper use of forensic science, which played a part in 47% of wrongful convictions which were later overturned due to DNA testing.

Although top academic centers developed DNA testing through extensive scientific research, there are numerous other forensic techniques that haven’t been subjected to the same scientific evaluation, such as hair microscopy, firearm tool mark analysis, bite mark comparisons, and comparisons of shoe prints. Other forensics techniques that are properly validated are sometime improperly conducted or inaccurately reported during testimony at trial, such as serology which is blood typing. Forensic scientists have engaged in misconduct in other cases of wrongful conviction cases.

Wrongful convictions in about 28% of cases are due to incriminating statements and false confessions. False confessions were the leading factor in 71 out of 113 homicide cases that were later exonerated due to DNA testing, 31 of which had pled guilty even though they had not committed the crime. In order to prevent coercion and keep an accurate record of any questioning, the Innocent Project encourages that an electronic record be created by police departments.

In 15% of cases wrongful convictions were due to testimony of informants. The Innocence Project recommends that when informant testimony is used that the judge should instruct the jury of the fact that most informant testimony is not reliable due to the fact that it was given in exchange for deals, special treatment, or even for dropping the charges against the informant. They also recommend that prosecutors reveal any incentives they’ve given the informant, as well as recording any and all communication occurring between the prosecutor and informant.

Wrongfully Accused of Committing Crime

If you’ve been wrongfully accused of a crime and would like to have it re-investigated, you need the expert advice and experience of a criminal defense lawyer such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Orlando Brown Faces Domestic Battery and Drug Possession Chargeshttps://www.sevenslegal.com/criminal-attorney/orlando-brown-faces-domestic-battery-drug-possession-charges/463/Thu, 03 Mar 2016 16:00:52 +0000https://www.sevenslegal.com/criminal-attorney/orlando-brown-faces-domestic-battery-drug-possession-charges/463/Actor Orlando Brown was recently arrested in Los Angeles on suspicion of battery, drug possession and resisting arrest. Brown rose to fame for his role as Eddie Thomas on Disney’s “That’s So Raven.”

Orlando Brown Faces Charges for Domestic Battery and Drug Possession

According to the Los Angeles District Attorney’s Office, Brown, 28, was arrested by officers with the Torrance Police Department after he allegedly struck his girlfriend.

The incident occurred in the parking lot of the Torrance, California police station. A witness supposedly saw Brown hit his girlfriend and immediately called the police - who were, obviously, right there.

Charges

Brown was charged with possessing and bringing methamphetamine into police headquarters, possessing drug paraphernalia, battery, and resisting or delaying arrest.

Brown, who was also in the film “Straight Outta Compton,” went on to deny the allegations, posting a series of videos and photographs to his Instagram. He later made the postings private.

The drug counts are being charged as felonies, while the battery and delaying arrest charges are being charged as misdemeanors. The hearing is set for March 28.

Previous Issues

This is far from Brown’s first interaction with the law. In August 2014, he threatened to kill a woman and her daughter. He was able to strike a plea deal in that case.

In order to get a reduced sentence, your criminal defense lawyer with help negotiate a “deal” or “plea bargain” with the prosecutor. In some cases it will not only reduce your sentence but in many cases may even eliminate some if not all the charges against you. If the court finds you guilty of the charges, a criminal defense lawyer may be able to negotiate lesser time served or a rehabilitation program which can help prevent you winding up in the criminal justice system again. When discussing your case, your criminal defense lawyer can advise the best way to go in order to reduce your sentence. Sometimes pleading guilty can result in your having a shorter sentence.

Prior to arrest in August 2014, Brown was arrested for a DUI in 2013. In 2012 he went to jail for violating probation terms. Additionally, he was arrested in 2011 for a DUI and also went to jail in 2007 for marijuana possession.

Battery, and the Difference Between Assault and Battery

Brown has been recently charged for battery, but it’s important to understand the difference between assault, assault and battery, or aggravated assault. While they all involve one person doing intentional harm to another person, crimes involving physical attacks can be assaults or batteries or both. Depending on the seriousness of the attack, charges can be elevated to the most serious one of aggravated assault.

What is “Assault”

Assault is defined as the intentional act of causing another person to be afraid they are going to experience physical harm. While this is a broad definition, since actual physical harm doesn’t have to be involved, assault is the fact that a person fears imminent harm from another person. The broadness of this definition permits the police to intervene to prevent any actual harm to the person.

What is “Assault and Battery”

Assault and battery were originally considered to be separate crimes. While assault is the fear of impending physical harm, battery is defined as the actual physical harm done to a victim. While “assault” can be considered the beginning, “battery” can be consider the ending. Most statutes now do not make a distinction between these two offenses.

What is “Simple” and “Aggravated Assault”

Depending on the seriousness of the potential harm that may occur to a victim, many states make a distinction between “simple” and “aggravated assault.” Aggravated assault is a felony which may involve an assault with a weapon, or the intention to commit a serious crime. It can also be classified as aggravated assault if there is any legally regarded “special protection” relationship involved. If the assault is classified as simple assault its usually charged as a misdemeanor. In some states the seriousness of the assault may be classified as “first,” “second,” or “third” degree assaults, in which case a “first” degree assault is the most serious one.

Additional Drug Charges for Brown

In addition to battery charges, Brown also faces drug possession charges.

Being convicted of any drug crime is a serious matter. Most drug charges can carry heavy convictions, fines and stay on your personal record, which can affect your job, buying a home or getting a loan. If you are convicted for any drug related crime, it is in your best interest to seek a criminal defense attorney and never accept any deal without speaking to an attorney first. Drug charges range from minor possession to a more serious charge of drug manufacturing, whatever the charges are, know that you can find guidance with your case. Choosing a great criminal defense attorney will help your case and often reduce charges. The experience and knowledge needed to deal with a drug charge can be found at Seven’s Legal. Sevens Legal is well versed in a variety of drug charges that you may be convicted of and their experience is endless. At Sevens Legal you will find a successful team that is passionate about representing their clients. If you find yourself charged with any drug crime, it is imperative that you seek a knowledgeable criminal defense attorney that will guide you through the legal system and help with reducing your charges.

Methamphetamine

Methamphetamine use has grown in recent year in the state of California, leaving law officers eager to convict individuals for possession of illegal methamphetamines and stop illegal distribution. You may be charged with a misdemeanor or a felony depending on your criminal history. If you are convicted of a misdemeanor possession you may face up to one year in jail, while a felony possession charge can carry a conviction of 16 months, 2 years or 3 years of jail time. Many times if you are charged with having possession of a large quantity of methamphetamines, you may be charged with intent to sell, which will carry stiff penalties. Charges may include, Possession of Methamphetamines, Possession of Methamphetamines for sale and transportation for selling methamphetamines.

California Proposition 36 (2000) The Substance Abuse and Crime Prevention Act of 2000

Proposition 36 allows qualifying defendants convicted if non-violent drug possession offenses to receive a probationary sentence instead of being incarcerated. Defendants are required to participate in and complete a licensed or certified community drug treatment program. Compliance with the program in necessary or probation is revoked and you may be required to serve an additional sentence that may include jail time.

Proposition 47

On November 4, 2014, voters approved Proposition 47, which among other things, reduced drug possession for personal use to a misdemeanor.

Drug charges can stem from minor to more serious offences and at Sevens legal you can find a Criminal Defense Attorney for a number of drug related crimes. Regardless of the drug related crime, choosing Sevens Legal will help with protecting your rights and freedom and lead towards a positive outcome.

  • Simple possession and possession for sale or distribution
  • DUI involving drug possession
  • Heroin manufacturing
  • Money Laundering
  • Cultivation of Marijuana
  • Drug Trafficking or smuggling
  • Juvenile or student drug offenses
  • Unauthorized possession or sale of prescription drugs

Why Work with a Criminal Defense Lawyer?

When faced with serious penalties or spending time in jail or prison, you need to retain a criminal defense lawyer to represent you in court. All criminal cases are different, so the first thing a criminal defense lawyer can determine is what arguments and factors can be used to remove any charges pertaining to the alleged crime.

Your Criminal Defense Lawyer and Emotional Help

While a criminal defense lawyer isn’t a therapist, they may help you deal with the emotions that accompany criminal trials. They can help by explaining the realities of the legal system and discuss what you may be up against during trial. Since they are well versed in the system, your criminal defense lawyer can also go over court rules and regulations, and the best way to navigate through the system. Also critical in negotiating a reduced sentence are the “unwritten rules” which a criminal defense lawyer is also well versed in.

Your Criminal Defense Lawyer and Accessibility

When it comes to evidence and witness statements, a criminal defense lawyer is better able to procure the necessary evidence and statements in order to help build your case. Witnesses may fear for their safety if speaking openly, but discussions with a criminal defense lawyer can help alleviate their fears in order to provide the testimony necessary to help clear your case.

If you are faced with criminal charges and possible jail time, you need to consult a criminal defense lawyer as soon as possible. Contact Sevens Legal Criminal Lawyers today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Kesha and Dr. Luke Battle Injunction in Courthttps://www.sevenslegal.com/criminal-attorney/kesha-dr-luke-battle-court/461/Thu, 25 Feb 2016 16:00:41 +0000https://www.sevenslegal.com/criminal-attorney/kesha-dr-luke-battle-court/461/Last week, New York judge Justice Shirley Werner Kornreich denied Kesha’s movement for a court injunction that would have allowed her to record music without producer Dr. Luke, a man Kesha alleges abused her for many years.

The denial of the court injunction (and order issued by a court that forces a defendant to stop doing something) means that Kesha will still be held under her Sony Music contract.

Singer Kesha and Producer Dr. Luke Battle Injunction in Court

This denial of injunction is just another step in an on-going battle that has raged between the “TikTok” singer and super-producer since 2014.

In 2014, Kesha, full name Kesha Rose Sebert, 28, filed a lawsuit against Dr. Luke, real name Lukasz Gottwald, 42, that alleged the producer has sexually drugged her, raped her, and verbally abused her since she began working with him at the age of 18.

Kesha is widely known for her debut single “TikTok.” The album topped the Billboard Hot 100 for nine weeks at the end of 2009. It went on to set 610,000 digital units. Gottwald is protégé of super-producer Max Martin and has produced huge hits such as Kelly Clarkson’s “Since U Been Gone,” Pink’s “U + Ur Hand,” Katy Perry’s “I Kissed a Girl.” Since 2011, he has had an arrangement with music conglomerate Sony Music that allows him to run the imprint, Kemosabe Records while writing and producing music exclusively for Sony.

2014 Lawsuit

The 2014 lawsuit that Kesha files against Gottwald alleges that the producer “sexually, physical, verbally and emotionally abused” her for years. In that lawsuit, Kesha’s goal is to void the contract that she signed with Dr. Luke and Sony so that she will be allowed to work with other labels and publishing units. She also is seeking to receive damages for the abuse she alleges occurred.

Gottwald has always denied the allegations. As Gottwald’s lawyer, Christine Lepera, said following the ruling on the court injunction, “As Dr. Luke has said repeatedly, the allegations against him are outright lies that have been advanced to extort a contract negotiation and money. Kesha and her counsel have cavalierly subjected Dr. Luke and his family to trial by Twitter, using a vicious smear campaign to ruin his reputation for financial gain while failing to support their claims.”

One thing that supports Lepera’s statement is the fact that in 2011 Kesha testified that Gottwald had not made advances at her.

Working with an Attorney to Address False Rape Accusations

Sexual assault crimes are taken very seriously by the law. If you have been falsely accused you might assume that the charges will just be dropped because of how ludicrous they are to you. But take this case for example - and the wide-reaching effects that it had on just members of the fraternity associated with the rape allegations. These types of allegations do not just “go away,” and you will need to be prepared if you are falsely accused. Here are some things you can do:

  • Do not speak with police or investigators until you have contacted a criminal defense attorney. They might try different tactics to get you to admit to a crime you did not commit. Remember that they are always trying to build a case. Simply state that you will not speak with them unless there is an attorney present.
  • Get in touch with a qualified and experienced criminal defense attorney. You’ll want to do this as soon as possible, even if you just expect the charges to be dismissed.
  • Prepare for what the allegations might bring. You will be asked to defend yourself, so you’ll need to be prepared. This means contacting witnesses that can testify or provide an alibi for you. You might also need to take psychological tests, or be asked to provide other evidence. Write down as many details as possible about what you remember.
  • Study. A criminal defense attorney will be able to guide you through fighting the allegations, but it’s in your best interest to understand the legal process and know your rights.
  • You will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal Criminal Lawyers.

Though Kesha might have stated in 2011 that Gottwald had not made advances, in her 2014 lawsuit, the singer accused Gottwald of using drugs and alcohol as a means of committing sexual assault against her, while all the time wielding his power over her career and as her producer as a way to keep her silent about the abuse.

According to the 2014 lawsuit, “Ms. Sebert wholly believed that Dr. Luke had the power and money to carry out his threats; she therefore never dared talk about, let alone report, what Dr. Luke had done to her.”

Dr. Luke Responds to 2014 Lawsuit

Dr. Luke responded to Kesha’s alleged abuse lawsuit with his own - claiming defamation and breach of contract.

Sexual misconduct allegations should not be taken lightly. Although it’s not clear how these latest rounds of lawsuits will play out, it’s important to take the necessary precautions to protect yourself if you find that you are being accused of rape or sexual molestation.

There are some important steps to remember if you have been charged with a sex crime:

  • Do not speak with police or any other investigation team unless you have secured legal Representation. While police will often say they are just conducting an objective investigation, remember that they are trying to build a case at all times. Anything you say can be held against you.
  • If you have already spoken with police or other investigators do not continue to do so
  • Do not confide in friends or relatives until you have legal representation
  • Do not wait to secure legal representation. These allegations will not fade away or just disappear.

You will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal Criminal Lawyers.

February Court Injunction

Though the 2014 lawsuit has yet to be ruled on, the denial of the court injunctionhanded down mid-February means Keshawill not be released from her recording contract with Sony Music Entertainment and Dr. Luke.

Meanwhile, according to her lawyer, Mark Geragos, Kesha’s career is “at a standstill.” The current contract she holds requires that Dr. Luke produce at least 6 songs on each of her records.

As Kesha’s lawyers wrote in the motion for the preliminary injunction, “Kesha Rose Sebert wants nothing more than to be able to record an album.” As her lawyers wrote, “Her only condition is that she be allowed to record with a record label that is not affiliated with someone who has emotionally and sexually abused her.”

In her decision, Justice Shirley Werner Kornreich stated, “You’re asking the court to decimate a contract that was heavily negotiated and typical for the industry.” Sony has indicated that they would be open to allowing the singer to record without Dr. Luke.

Kornreich also stated “There has been no showing of irreparable harm. She’s being given opportunity to record.”

Following the ruling on the court injunction, Gottwald’s lawyer, Christine Lepera, said “Kesha is already ‘free’ to record and release music without working with Dr. Luke as a producer if she doesn’t want to. Any claim that she isn’t ‘free’ is a myth.”

The #FreeKesha Movement

In 2013, amid first rumblings of her off-relationship with Dr. Luke, fans started the “Free Kesha” movement to free the singer from Dr. Luke and her Sony contract. At that time, Kesha admitted herself into a rehab facility for treatment of an eating disorder that, according to Kesha’s mother, Pebe Sebert, was fueled by Dr. Luke. Allegedly the producer had pressured the singer to lose weight and had called her a “refrigerator.”

Since February’s hearing on the court injunction, fellow female artists, including Lorde, Kelly Clarkson, and Lady Gaga have stepped forward in support. And most recently, Taylor Swift pledged $250,000 to the singer to help with any financial needs she might have.

While Kesha is receiving support from fans and colleagues, we’ll have to wait to see what the next step is in her lawsuit against Dr. Luke.

After you have discussed the specifics of your case, your Sevens Legal Criminal Lawyers, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal Criminal Lawyers, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.

Sevens Legal Criminal Lawyers, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal Criminal Lawyers, criminal defense lawyers, call (619) 430-2355. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Protective Order Taken Against Johnny Manzielhttps://www.sevenslegal.com/criminal-attorney/protective-order-johnny-manziel/458/Thu, 18 Feb 2016 16:00:22 +0000https://www.sevenslegal.com/criminal-attorney/protective-order-johnny-manziel/458/It seems that Johnny Manziel is once again back in the news - but not because of his football ability. Rather, Manziel’s girlfriend, Colleen Crowley has accused him of beating her up and has sought a protective order against the NFL quarterback.

Protective Order Issued Against Johnny Manziel

Manziel rose to fame as the first freshman to win the Heisman Trophy when he played for Texas A&M. Now the quarterback’s girlfriend has requested a protective order against him. As part of her request for that protective order, Colleen Crowley was asked to outline in an affidavit what happened on the night that Manziel allegedly beat her up. In that signed document, Crowley details a horrific night during which Manziel allegedly kept her from leaving his hotel room, then threw her back in a car by her hair, and slapped her hard enough to cause near permanent damage of her left ear.

The Alleged Attack

According to the affidavit, this past January 29, Crowley and Manziel went out to dinner with three other people. The group then went to Sidebar, and later on to Clutch bar. From there, the group took an Uber to Travis, another club. After Travis, the group decided to head over to an after party at Hotel ZaZa.

“We planned to spend the night together in his room there,” Crowley said.

After hanging out at Manziel’s room for a bit, the three friends left. At that point the couple started talking “about things I had heard earlier in the week about him being with a girl who had caused us problems in the past,” Crowley said. She then told Manziel that if she decided to actually spend the night, as was planned, that she would be sleeping on the couch.

At that point Manziel threw her on the bed. Crowley then made an attempt to leave, but Manziel “restrained her” from opening the room door. She “became very scared he was going to hurt me.”

Manziel and Crowley then left the hotel in her car, deciding to drive back to Crowley’s Fort Worth apartment. Though the fight continued, Crowley said it was “more verbal than physical.” At her apartment, the fight returned to a more physical one. After smashing Crowley’s phone on the tile of her apartment when she tried to FaceTime her parents Manziel then left the apartment. Crowley attempted to use her computer to FaceTime her parents, but when Manziel returned from outside he asked if she had tried to FaceTime them. She told him “no,” but then he went over to look at her computer.

“I was in my kitchen so out of fear for my life, I pulled a knife out of my knife block and advanced toward him,” Crowley said. “He ran out of the apartment. I threw the knife down and followed behind him to make sure he had gone.”

Manziel then sparked off a police hunt, complete with helicopter aid, but the authorities were unable to find him.

Restraining and Protective Order

Crowley’s request for a restraining protective order has been granted. It requires Manziel to stay away from her for two years. Dallas and Forth Worth police are both investigating the incident.

Issuance of Domestic Violence Restraining Order

In order to help prevent domestic violence, judges can issue a Domestic Violence Restraining Order (“DVRO”). If you have been served with a DVRO, formal copies of the restraining order must be delivered to you personally. As part of the copies you’ll receive a form to fill out to schedule a hearing and respond to the restraining order claims against you. As soon as you receive the restraining order, it’s important to obey the terms, otherwise you may have to pay a fine, go to jail, or both, if you are found to be in violation of the restraining order.

A Restraining Order is Valid When Officially Served

A Restraining Order becomes effective and valid as soon as you have been officially notified and it has been personally served to you. The copies of the order must be “easy-to-read” and Form DV-120 (i.e., “Answer to Temporary Restraining Order”) must be included. You must formally file an “Answer” in order to respond to the alleged victim’s allegations against you. At the Restraining Order hearing, the judge will take the “Answer” into consideration to decide whether to cancel the order, change its terms, or make the Restraining Order permanent.

During the preparation for a Restraining Order hearing it’s invaluable to have an experienced criminal defense attorney prepare your “Answer.”

Consequences of a Restraining Order

A court ordered Restraining Order against you can be very restrictive. After officially being notified, there are a variety of effects against you as the person being restrained:

  • You are prohibited from contacting the alleged victim.
  • You cannot do certain things or go to certain places.
  • You may have to leave your home.
  • You may not be able to see your children.
  • You normally are prohibited from owning a gun. (You may be required to turn it in, sell it, or store it somewhere else, and will be unable to buy a gun during the period of the restraining order.)
  • Your immigration status may be affected.
  • If you contact the alleged victim, you will be in violation of the Restraining Order and will be in contempt of court, which can be charged as a misdemeanor, with up to a year in county jail.

DVRO Violations

Violations of a Restraining Order can be charged as a felony or misdemeanor under Penal Code 136.1 and 136.2, and could include jail or prison time if convicted. Under Penal Code 166 criminal charges for contempt of court can be brought if you were aware of the order, failed to obey it if you were able to, and willingly failed to obey it. The court treats criminal contempt of court charges very harshly. Violation of a domestic restraining order may also be prosecuted under PC 273.6. This code addresses the intentional violation of a restraining order that has been issued.

Order Violations and Contempt of Court

When a civil court order, such as restraining orders, are violated, this is considered “Contempt of Court.” A violation such as this happens if you intentionally ignore a legal restraining order, also known as a “protective order,” issued by a judge. Under California Penal Code Section 273.6, contempt violations are considered a criminal act, punishable by fines and/or imprisonment.

In order to prove a conviction for violation of a restraining order under Penal Code 273.6, a prosecutor must prove: (1) a judge issued a legal protective order; (2) the defendant was aware of the legal protective order; and (3) the defendant knew they were intentionally violating the legal protective order.

California Restraining Order Violation Penalties

Even though protective order violations are usually considered misdemeanors, the penalties under Penal Code 273.6 can be up to a year in county jail and a fine of as much as $1,000. If convicted of violating a protective order a second time, it can either be charged as a misdemeanor or felony, which includes anywhere from probation and as much as one year in jail, to three years in a state prison and maximum fine as much as $10,000. If the second conviction is within one year of the first, the penalties and fines are greater. If the violation of a protective order results in personal bodily injury, there is also a statutory minimum requirement of 30 days in jail.

California Restraining Order Violation Defenses

Legal defenses that can be used if you are charged with violating a protective restraining order include the following:

  1. Lack of Intent: If a person is unaware that a protective order has been issued, and therefore violates it, they cannot be convicted of a violation. An example is if you accidentally have a chance encounter with somebody in a public place or at a social function who has had a protective restraining order issued against you.
  2. Lack of Knowledge: To be convicted of a restraining order violation, the court must prove you had knowledge of the protective order. If you are unaware that a protective order has been issued, you cannot be convicted for violating it.
  3. False Accusation: A person who has been issued a protected order may falsely accuse you of attempting to contact them in violation of the order. They may also try to arrange a meeting with you in order to make you violate a restraining order. These are some ways a protected person can try to falsely accuse you of violating their protective restraining order.

If you have been accused of violating a protective restraining order, you need the expert legal assistance of Sevens Legal Criminal Lawyers. Schedule a consultation today!

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Melodie Gliniewicz Indicted for Connection to Late Husband's Money Launderinghttps://www.sevenslegal.com/criminal-attorney/melodie-gliniewicz-indicted-connection-late-husbands-money-laundering/456/Thu, 11 Feb 2016 16:00:58 +0000https://www.sevenslegal.com/criminal-attorney/melodie-gliniewicz-indicted-connection-late-husbands-money-laundering/456/Melodie Gliniewicz has been indicted for her alleged involvement with her late husband’s money laundering and stealing of charitable funds.

Melodie Gliniewicz Indicted in Connection with Late Husband’s Money Laundering

Melodie Gliniewicz, 51, is the wife of late Fox Lake Police Lt. Joe Gliniewicz. He killed himself last year in fear that his misappropriation of funds from a local youth outreach program would be discovered. His death set off a massive manhunt across the state of Illinois for three suspects. It was later revealed that the police officer had staged his own suicide.

Prosecutors are now alleging that Melodie took part in her husband’s misappropriation of funds from the Fox Lake Police Explorer Post, a group that encourages youth in the community to explore careers in law enforcement and the military. Joe had headed the group since 1987, and Melodieheld “a fiduciary role as an adult adviser” for the group.

Melodie has been charged with six counts of money laundering and paying personal expenses with misappropriated funds between September 2008 and September 2015. It has been discovered that the fundswere used for personal expenses, including a trip to Hawaii and charges at Starbucks, Dunkin’ Donuts, and Fox Lake Theatre. According to the indictment the funds were used to pay over 400 restaurant bills.

Claiming Innocence of Money Laundering

Melodie Gliniewicz’s attorneys are claiming that the widow is a victim of her late husband’s secrecy. She is maintaining her innocence.

“Melodie has suffered greatly over the past few months and continues to move her family forward after the emotionally traumatizing events of September 1, 2015,” when her late husband killed himself, said the law firm representing her.

“Considering Melodie’s cooperation with law enforcement, she is devastated by the decision to bring charges against her. Melodie is a victim of her husband’s secret actions and looks forward to her day in court to show the world her innocence,” the statement said.

Disgraced Hero in Money Laundering Case

Lake County Sheriff Mark Curran spoke of how the shooting of Lt. Gliniewicz had caused people across the nation to deem the late Lt. a hero that had been killed in the line of duty. That was until authorities discovered that the officer had shot himself out of fear that his misappropriation of funds would be discovered.

Investigators eventually concluded that the suicide had been meticulously crafted to make it appear as if the three suspects had killed him.

“Fox Lake, all of Lake County, and quite frankly the entire country have been through a mix of emotions throughout the Gliniewicz investigations. It is my hope the community can continue healing and rebuilding,” said the sheriff in a statement.

A grand jury has indicted Melodie Gliniewicz on several classes of offenses: three Class 2 counts of disbursing charitable funds without authority and for personal benefit, one Class 3 count of disbursing charitable funds without authority and for personal benefit, one Class 2 count of money laundering, and one Class 3 count of money laundering. They are all considered felonies.

“The investigation revealed money was withdrawn from the police explorer account over the course of several years. Detectives determined this money was used to finance a number of personal expenses and personal finances,” said Lake County Undersheriff Ray Rose.

“This entire matter has been a sad and tragic saga for the Village of Fox Lake. My hope is that we will be able to close this unfortunate chapter and move forward with ensuring a professional and transparent police department dedicated to the citizens of Fox Lake,” Lake County State’s Attorney Michael Nerheim said.

Text Messages Reveal the Truth About Money Laundering

Right before Joe Gliniewicz, 52, shot himself, he had radioed police dispatchers and told them he was in the process of chasing three male suspects at an abandoned cement factory.

When responding officers arrived at the scene they found Gliniewicz’s dead body.

Investigators concluded that the gunshot wounds that caused his death were self-inflicted after recovering text messages that he had deleted from his cell phone. According to authorities, 6,500 pages of texts were reclaimed.

Those text messages revealed an alleged embezzlement scheme in which Gliniewicz had taken charitable funds from the Explorer Post. The messages also revealed how frantic Gliniewicz had become when a new administrator at the organization had asked for an accounting report of the Explorer Post’s finances and property.

The Recipient of the Texts About Money Laundering

Among those texts was one from June 2015, in which Gliniewicz sent a text to “Individual #1” expressly stating that he had used “the exploder (sic) account” for a $624.70 flight. It was later revealed that “Individual #1” was his wife.

At the time this was revealed, Melodie Gliniewicz’s attorneys issued a news release stating: “Melodie respectfully requests that the community, law enforcement, pension board and press refrain from rushing to, or misplacing, judgment.”

There was also an “Individual #2” named in the case - his son, Donald Gliniewicz. In a June 2015 text, Joe Gliniewicz spoke about unidentified expenses of $1,600 and $777.

Joe Gliniewicz: “You are borrowing from that ‘other’ account, when you get back youll have to start dumping money into that account or you will be visiting me in JAIL!! The 1600 and the 777 all came from there. …”

In the same group of text messages that he sent to his son, it’s obvious that Joe Gliniewicz was becoming increasingly desperate. At the same time as the text messages were sent, it appears that he was thinking of applying for a police chief position in a nearby community.

Gliniewicz: “I’m sticking my neck out there with loaning you over $2377.00 to fix your truck specifically and only to help accommodate your summer leave, trip to OK.”

The text continues: “So if called on the carpet i can say, ‘we give our explorers and advisors loans from time to time if it is needed, and this is proof it is being pa(i)d back’(.) you get (where) I’m (coming) from? This village administrater (sic) hates me and the explorer program. This situation right here would give her the means to CRUCIFY ME (if) it were discovered. Compound this with “if” i was selected for chief of antioch (Illinois), i would be leaving here and would have to turn this account over to someone else. …”

Marital Privilege

It appears that Melodie Gliniewicz might have one defense: marital privilege. This might allow her to not have to testify against her deceased spouse.

There are two types of marital privilege: spousal testimonial privilege; and confidential marital communications privilege.

Spousal Testimonial Privilege

Spousal testimonial privilege applies when a spouse is called to testify against the other spouse in a criminal matter. A valid marriage must be present at the time the privilege is claimed. In this case, Melodie would not be able to use this privilege because her husband is deceased, and thus the marriage has been ended. In this case, her lawyers might decide to use the confidential marital communications privilege.

Confidential Marital Communications Privilege

Melodie might be able to claim the confidential marital communications privilege, so long as the following is in place:

  • the spouses were legally married at the time of the communication
  • both spouses have kept the communication confidential; and,
  • the surviving spouse wishes to claim the privilege.

As long as the communication was kept confidential, Melodie could potentially use this as a way of barring her testimony. Where a defense attorney might have difficulty is the fact that text messages were also exchanged with the couple’s son. Therefore, the misappropriation of funds was shared with a third person.

This is an interesting case, and it will be up to the defense team to show that while Melodie might have been aware of the money laundering and misappropriation, she was not directly involved. This will be difficult as a result of her role in the youth program. It will of course be harder to prove because of the fact that her husband is deceased.

Being Charged with a Federal Crime of Money Laundering

Being investigated or charged with a crime by a federal agency is a sobering and often intimidating situation. The Federal Government can use an array of powerful investigative tools as well as having access to judicial assistance to build a case against you.

Federal prosecutors have the power to create a task force from various law enforcement agencies at all levels - federal, state and local- into a powerful prosecution team. Accordingly, federal prosecuting attorneys have the ability to bring tremendous resources against you, and they will not hesitate to do so.

Federal Crime Definition

Crimes are defined as federal crimes when they either cross state lines, involve a federal agency (e.g., the post office, federally insured banks, the SEC and HUD) or involve the Internet. The most common cases prosecuted at the Federal level include drug trafficking, bank robbery, and Internet pornography, but also white-collar offenses such as mail fraud, wire fraud, bank fraud, and money laundering.

As with any criminal charge, you will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal Criminal Lawyers.

After you have discussed the specifics of your case, your Sevens Legal Criminal Lawyers, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal Criminal Lawyers, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.

Sevens Legal Criminal Lawyers, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal Criminal Lawyers, criminal defense lawyers, call (619) 430-2355. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Sexual Assault Case Settled in Floridahttps://www.sevenslegal.com/criminal-attorney/sexual-assault-case-settled-florida/453/Thu, 04 Feb 2016 16:00:06 +0000https://www.sevenslegal.com/criminal-attorney/sexual-assault-case-settled-florida/453/Florida State University has settled a sexual assault claim with former student Erica Kinsman over allegations that she was raped by quarterback Jameis Winston in December 2012.

Florida Sexual Assault Case Settled

The settlement of the federal Title IX lawsuit comes a year after Kinsman initial filed her complaint in federal court. Title IX of the Education Amendments of 1972 is a federal civil rights law prohibiting discrimination on the basis of sex in any education program or activity that receives federal funding. Sex discrimination includes the following: sexual harassment, sexual battery, sexual assault, and rape that are “so severe, pervasive, and objectively offensive that it effectively bars the victim’s access to an educational opportunity or benefit.”

As part of the settlement, the university has agreed to pay Kinsman and her attorneys $950,000 - the largest sum that has ever been paid for a Title IX claim regarding indifference to a student’s claim of sexual assault. In addition to paying the amount, FSU must also make a five-year commitment to programs that help promote awareness, prevention, and training when it comes to handling rape allegations made by a student.

“I will always be disappointed that I had to leave the school I dreamed of attending since I was little,” said Kinsman in a statement following the announcement of the settlement. “I am happy that FSU has committed to continue making changes in order to ensure a safer environment for all students.”

Admitting Sexual Assault Liability

While the school has agreed to pay the settlement, according to university president John Thrasher, they have not admitted to liability. Instead, the settlement was made as a way to avoid additional litigation expenses.

“We have an obligation to our students, their parents and Florida taxpayers to deal with this case, as we do all litigation, in a financially responsible manner,” Thrasher said in a statement. “With all the economic demands we face, at some point it doesn’t make sense to continue even though we are convinced we would have prevailed.”

Additional Civil Rights Case

Kinsman also filed a civil lawsuit against Winston directly last April. The quarterback has counter-sued and the case is pending in the U.S. District Court for the Middle District of Florida.

This new settlement between FSU and Kinsman will not affect a third ongoing lawsuit that Kinsman has lodged - a Title IX investigation of FSU being led by the Department of Education’s Office for Civil Rights. This case was opened in April 2014 after Kinsman filed a complaint with the agency.

Kinsman has no intentions of withdrawing that case. In fact, the continuance of the Civil case was critical when it came to Kinsman’s decision to settle, according to one of Kinsman’s attorneys, John Clune.

The Sexual Assault Settlement and the Allegations Behind It

In the settled lawsuit, Kinsman alleged that FSU had been “deliberately indifferent” to her reported sexual assault and that the university’s response was “clearly unreasonable.” She alleged that the university also concealed and obstructed the investigation into the sexual assault allegations so that Winston would still be able to play football for the school.

Kinsman alleges the assault happened in December 2012 when, after meeting Winston at a bar, he and a group of other people went back to an apartment. Kinsman alleges he raped her at the apartment. Winston maintains the sex was consensual.

When the case went public in 2013, Kinsman decided to leave the school, arguing that the continued harassment she received denied her of the educational opportunities that are protected under Title IX.

Additional Agreements by FSU

In addition to the payment and programs to prevent awareness of rape on campus, FSU has also agreed to publish annual reports of its programs for the next five years.

The school has already seemingly taken measures to address sexual assault issues. In September 2014, the university started the “kNOw MORE” campaign in an effort to educate students, faculty, and staff about the meaning of consent, prevention, and intervention. The campaign was also created to provide resources for victims of sexual assault. Additionally, FSU hired a new Title IX coordinator, added six on-campus safety positions, and published a Victims’ Rights and Resources handbook.

Success for Kinsman

As Clune stated after announcement of the settlement, Kinsman “had two goals in this case - one was to hold the university accountable for what happened and the other was to force changes at Florida State. With this settlement, in conjunction with the OCR investigation, she’s done that.”

FSU Attempted to Dismiss Lawsuit

FSU had made attempts to dismiss Kinsman’s lawsuit, but a judge ruled last August that it would move forward. In attempting to dismiss the case, FSU argued an “appropriate person” was not aware of the harassment that was alleged by Kinsman, and thus could not take corrective action.

But the school had previously admitted that senior associate athletics director Monk Bonasorte and football coach Jimbo Fisher had been aware of the rape allegation in January 2013. That was just one month after Kinsman first reported the assault to police, but had not yet notified the Title IX coordinator or the Office of Student Rights and Responsibilities.

Per the judge’s decision, the lawsuit was set to continue, and had entered the pre-trial process with both parties gathering evidence and taking depositions.

In a Sept. 22 deposition, Fisher said he had not been aware of the university’s policy regarding sexual battery at the time the allegation against Winston was first reported.

Additionally, in a deposition of Tallahassee police detective Scott Angulo, he admitted that missteps had been made and that additional investigative steps could and should have been taken when Kinsman first reported the sexual assault in December 2012.

In fact, the investigation sat dormant for nine months before state attorney Willie Meggs decided to decline filing criminal charges. That ruling came in December 2013, a year after the alleged assault happened.

Following an FSU student conduct hearing a year later, in December 2014, Winston was not found to be responsible of committing sexual misconduct. The football players was the No. 1 pick in the NFL draft last April and is currently playing quarterback for the Tampa Bay Buccaneers.

Kinsman is set to graduate from a different school this spring.

Working with an Attorney to Address False Rape Accusations

Sexual assault crimes are taken very seriously by the law. If you have been falsely accused you might assume that the charges will just be dropped because of how ludicrous they are to you. But take this case for example - and the wide-reaching effects that it had on just members of the fraternity associated with the rape allegations. These types of allegations do not just “go away,” and you will need to be prepared if you are falsely accused. Here are some things you can do:

  • Do not speak with police or investigators until you have contacted a criminal defense attorney. They might try different tactics to get you to admit to a crime you did not commit. Remember that they are always trying to build a case. Simply state that you will not speak with them unless there is an attorney present.
  • Get in touch with a qualified and experienced criminal defense attorney. You’ll want to do this as soon as possible, even if you just expect the charges to be dismissed.
  • Prepare for what the allegations might bring. You will be asked to defend yourself, so you’ll need to be prepared. This means contacting witnesses that can testify or provide an alibi for you. You might also need to take psychological tests, or be asked to provide other evidence. Write down as many details as possible about what you remember.
  • Study. A criminal defense attorney will be able to guide you through fighting the allegations, but it’s in your best interest to understand the legal process and know your rights.
  • You will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal Criminal Lawyers.

After you have discussed the specifics of your case, your Sevens Legal Criminal Lawyers, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal Criminal Lawyers, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.

Sevens Legal Criminal Lawyers, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal Criminal Lawyers, criminal defense lawyers, call (619) 430-2355. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

]]>
Aggravated Indecent Assault Charges for Cosbyhttps://www.sevenslegal.com/criminal-attorney/aggravated-indecent-assault-charges-cosby/435/Thu, 07 Jan 2016 16:00:52 +0000https://www.sevenslegal.com/criminal-attorney/aggravated-indecent-assault-charges-cosby/435/Dozens of women have come forth with assault allegations, but these are the first formal charges that have been able to be brought against Bill Cosby.Last week, criminal charges of aggravated indecent assault were brought against Bill Cosby. While dozens of women have come forth with similar allegations, these are the first formal charges that have been able to be brought against the comedian.

The Assault Charges Against Cosby

The lawsuit alleges that Cosby drugged and sexually assaulted former Temple University employee Andrea Constand 12 years ago when she visited his house to talk about career advice. According to prosecutors on the case, Cosby drugged Constand with pills that knocked her unconscious and then sexually assaulted her.

If convicted, the 78-year-old comedian could face 5 to 10 years in prison and a $25,000 fine.

The comedian, walking with the support of a cane, made a brief appearance at a Pennsylvania courtroom for his arraignment. He immediately posted his $1 million dollar bail.

The next hearing in the case is set for Jan. 14.

Aggravated Indecent Assault in Pennsylvania

Under Pennsylvania law, where the charges have been brought, aggravated indecent assault is a sex offense.

To understand “aggravated” indecent assault, let’s first review Pennsylvania’s definition of simple indecent assault.

Simple indecent assault is defined under Pennsylvania code section 18 Pa.C.S. § 3126. Under this code section, a person may be found guilty if he or she engages in indecent contact in the following circumstances:

  • Without the consent of the alleged victim
  • By using force to compel the alleged victim to allow the indecent contact
  • By threatening to force the indecent contact and/or subdue the resistance of the alleged victim
  • When the alleged victim is conscious or you otherwise know that he/she is not aware of what is occurring
  • If you drug or otherwise subdue the alleged victim or alter his/her resistance or mindset
  • When the alleged victim has a mental defect or disability that prevents him/her from giving consent
  • When the alleged victim is under 13, or under 16 and the alleged party engaging in the assault is more than 4 years older.

Aggravated indecent assault is defined under 18 Pa.C.S. § 3126 and occurs in the same situations as listed above for simple indecent assault. The difference between the two is that some type of anal or genital penetration occurs in aggravated assault, rather than just indecent contact. Penetration still counts even when it is very slight or lasts only briefly.

Constand Lawsuit Brought by Current DA

Montgomery County District Attorney-elect Kevin Steele told reporters the charges against Cosby stem from “new evidence” that was uncovered last year. Steele’s decision to move forward with pressing charges is a reversal of a decision made by the previous district attorney, who chose not to charge Cosby in 2005 when the allegations were first brought.

The lawsuit came just days before the 12-year statute of limitations was to run out. Constand first went to the police in 2005, telling them that the comedian had put his hands down her pants. At that time, Cosby told police that the sexual contact had been consensual.

The case was settled out of court in 2006.

At the time Constand was assaulted she was working for the women’s basketball team at Temple where Cosby is an alum. Now 42, she lives in Toronto and works as a massage therapist. According to her attorney, Dolores Troiani, Constand is eager and willing to work with the authorities.

“She feels that they believe her, and to any victim, that is foremost in your mind: Are people going to believe me,” Troiani said.

Assault Allegations and Mounting Charges

In light of the allegations that have been brought against Cosby by numerous women over the last year, it seems it was only a matter of time before Cosby would face formal charges. But in fact it was the comedian’s own statements that provide the strongest evidence against the comedian. In unsealed statements in the civil lawsuit that Constand brought against Cosby he admitted to having given drugs to women that he wanted to have sex with.

He was asked by Constand’s then attorney, “When you got the Quaaludes, was it in your mind that you were going to use these Quaaludes for young women that you wanted to have sex with?“Cosby replied, “Yes.” He denied giving the women the drugs without their knowledge. He also said he had used sedative “the same as a person would say, ‘Have a drink.’”

During the same deposition, Cosby testified he had given Constand three half-pills of Benadryl and that he had fondled her. “I don’t hear her say anything. And I don’t feel her say anything. And so I continue and I go into the area that is somewhere between permission and rejection. I am not stopped,” Cosby testified.

According to Steele, “reopening this case was not a question. Rather, reopening this case was our duty as law enforcement officers.”

Moving Forward with a Trial for Assault

In light of the lawsuit, as well as the numerous other allegations against Cosby, it appears that this case might be one of the biggest Hollywood celebrity trials of our time. With such a high-profile defendant, it will up the judge to determine if supporting testimonies from Cosby’s other accusers should be heard, or if they are unfair to Cosby. For most of those cases, formal charges have not been brought due to the statute of limitations.

A statute of limitation is a law that forbids prosecutors from charging someone with a crime committed over a certain number of years. This law is to ensure that convictions occur only upon evidence (physical or eyewitness) that has not deteriorated over time.

When it comes to allegations of sexual abuse, there are a number of “tolling provisions.” Tolling provisions are suspensions to the statute. This means that when these provisions are available, they can void the statute of limitation.

One such tolling provision is delayed discovery, and in Cosby’s case, where the allegations also allege that Cosby drugged them, it can be a powerful provision.

Delayed discovery is when a victim’s memory of the event is repressed. The statute is “un-suspended” when the victim consciously remembers the sexual abuse that happened. So if a person is sexually assaulted, but does not remember it due to psychological distress or drugging, but then later remembers it, they are able to bring assault charges.

But if a victim has at any point shown that he or she was aware of the misconduct at the time of the crime, or even shortly after, this provision cannot be used to suspend the statute. When a person alleging misconduct realizes the abuse, they on average have about three years to file a sexual assault claim. That length of time is dependent on the state’s laws in which the complaint is filed.

Additional Considerations

An additional consideration a judge will need to take in this case is Cosby’s legacy and image. Many potential jurors will be familiar with the allegations that have been brought against the once hero-edDr. Cliff Huxtable from TV’s “The Cosby Show.” And many might have already determine, but also conflicted views of the fallen comedian.

According to Laurie Levenson, a criminal law professor at Loyola Law School in Los Angeles, Cosby’s image “has already been tarnished, so I doubt that jurors would be inclined to believe him just because of his prior image.”

Other Allegations

In light of the other allegations that have been thrown at him, late last year Cosby sued seven women who have accused him of sexual assault. The comedian is involved in defamation and sexual-abuse lawsuits in Massachusetts, Los Angeles, and Pennsylvania.

Working with an Attorney to Address Sexual Assault Accusations

Allegations of sexual misconduct or assault should be taken very seriously. These types of allegations do not just “go away,” and you will need to be prepared if you are falsely accused. Here are some things you can do:

  • Do not speak with police or investigators until you have contacted a criminal defense attorney. They might try different tactics to get you to admit to a crime you did not commit. Remember that they are always trying to build a case. Simply state that you will not speak with them unless there is an attorney present.
  • Get in touch with a qualified and experienced criminal defense attorney. You’ll want to do this as soon as possible, even if you just expect the charges to be dismissed.
  • Prepare for what the allegations might bring. You will be asked to defend yourself, so you’ll need to be prepared. This means contacting witnesses that can testify or provide an alibi for you. You might also need to take psychological tests, or be asked to provide other evidence.Write down as many details as possible about what you remember.
  • Study. A criminal defense attorney will be able to guide you through fighting the allegations, but it’s in your best interest to understand the legal process and know your rights.

You will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal Criminal Lawyers.

After you have discussed the specifics of your case, your Sevens Legal Criminal Lawyers, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal Criminal Lawyers, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.

Sevens Legal Criminal Lawyers, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal Criminal Lawyers, criminal defense lawyers, call (619) 430-2355. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

]]>
UVA, Rolling Stone, and the Long-Lasting Implications of Rape Allegationshttps://www.sevenslegal.com/criminal-attorney/uva-rolling-stone-longlasting-implications-rape-allegations/432/Thu, 31 Dec 2015 16:00:00 +0000https://www.sevenslegal.com/criminal-attorney/uva-rolling-stone-longlasting-implications-rape-allegations/432/Before the Rolling Stone article University of Virginia was most known for its rigorous academics. Now it might be known for rape allegations.Before the controversial Rolling Stone article, the University of Virginia was most known for its rigorous academics. But now it might best be known for the controversial swirl of rape allegations that surrounded the campus and the nation.

Implications of Rape Allegations

Last November Rolling Stone magazine published the feature “A Rape on Campus: A Brutal Assault And Struggle for Justice at UVA.” While the story sought it expose the underbelly of rape culture amongst the UVA fraternity Phi Kappa Psi, it actually created an even larger story about how rape and rape allegations are treated across the nation.

Shortly after the article’s publication it hit 2.7 million page views. And with those page views came a number of questions about the story’s credibility.

Rolling Stone and “Jackie”

The 9,000-word feature written by contributor Sabrina Rubin Erdely, documented an experience faced by an undergraduate named “Jackie.” In the article, Jackie described an alleged 2012 rape attack by members of the fraternity Phi Kappa Psi as well as the aftermath of the attack. In it, UVA administrators and Jackie’s friends are portrayed as cold and uncaring, and also unwilling to accept Jackie’s claims.

According to the article, when finally reporting the rape to Dean Nicole Eramo, head of UVA’s Sexual Misconduct Board, Jackie was given three options: file a criminal complaint with the police, file a complaint with the school, or face her alleged attackers with Eramo present.

According to UVA law professor Anne Coughlin, on reading the article, and seeing how friends and administrators allegedly responded to the allegations said, “That is not the UVA I know.”

Shortly after its release, Richard Bradley, a former George magazine editor, wrote an essay that questioned the validity story. In it he wrote that a journalist should be “critical, in the best sense of that word,” about stories that just confirm your own already adopted biases. He noted that “something about this story doesn’t feel right,” citing the fact that it relied entirely on one unnamed source. In the article, friends who Jackie reached out to were not interviewed, and, Erdely, whose job it is to handle rape allegations made on campus, apparently made no effort to contact the frat members that were accused of rape.

Additional people weighed in on if the story could be trusted. Steve Coll, dean of the Columbia School of Journalism and a Pulitzer-winning reporter, and his associates, launched an investigation of their own that unearthed the article’s errors and ethical breaches. At the end of their study they concluded the Rolling Stone article was untruthful as a result of journalistic failures committed by “the reporter, the editor, the editor’s supervisor, and the fact-checking department.”

The Charlottesville Police Department also later confirmed there had been no gang rape at the fraternity.

While the article might have failed when it came to journalistic standards, it was successful in opening up a nationwide conversation on how rape allegations can be damaging in unexpected ways.

False Rape Allegations

NPR did a study in September of this year of over 150,000 at more than 24 colleges and found “on average, 23 percent of undergraduate women say they were, in some way, sexually assaulted during their time on campus.”

This is a significant problem. No one will dispute that rape is a terrible thing, but what the Rolling Stone article did was shed light on just how terrible it can be to be falsely accused of rape.

False allegations are one of the most damaging aspects facing of all cases of sexual assault. It can be argued that while there seem to be a number of tools in place to help victims of rape, there are less tools available to those that have been falsely accused of rape. But how often are false accusations made?

During a 10-year study that took place at a major Northeastern university of 136 reported sexual assault cases, eight (5.9%) were found to be false accusations. While the percentage may seem small, it’s doubtful that those falsely accused felt this was insignificant.

It’s for certain that the members of Phi Kappa Psi, the fraternity accused in the Rolling Stone article would argue that false rape allegations can have wide and long-lasting effects.

Phi Kappa Psi Deals with Rape Allegations Fallout

Phi Kappa Psi has always maintained that the rape did not happen. Following the initial publication of the article, the fraternity suspended the activities of its UVA chapter. The national chapter also announced they would fully cooperate in the police investigation and also launch their own internal investigation into the allegations.

This November, Phi Kappa Psi filed a $25 million lawsuit against Rolling Stone.

“The fraternity chapter and its student and alumni members suffered extreme damage to their reputations in the aftermath of the article’s publication and continue to suffer despite the ultimate unraveling of the story,” the UVA Phi Psi chapter said in a statement following the announcement of the charges against Rolling Stone. “The article also subjected the student members and their families to danger and immense stress while jeopardizing the future existence of the chapter.”

“In the most scurrilous traditions of yellow tabloid journalism, Rolling Stone published a devastating story it knowingly failed to verify, in reckless disregard for truth or falsity, or the essential safety, dignity, and welfare of the organization or of those lives it was willing to crush with its defamatory article,” the fraternity wrote in the lawsuit. “The story was simply too tempting, too sensational, to let facts get in the way.”

The lawsuit was filed in defense of 54 undergraduate members of the Phi Kappa Psi who describe what it was like to live on campus during the aftermath of the article’s publication.

Those members describe facing various threats not only online, but also on campus, in classrooms and in student common areas. The UVA Phi Psi house was vandalized - broken windows and even a graffiti scribbled message of “UVA Center for Rape Studies.” According to one Phi Psi member, during recruitment, which was greatly damaged as a result of the allegations, prospective members had “no intention of pledging, but who rather were attending rush out of a curiosity to walk into the ‘rape house.’?”

Members on campus weren’t the only ones affected. Alums removed their affiliation with the fraternity from résumés out of concern that how Phi Psi membership might hurt potential job opportunities.

According to the lawsuit: “This defamation action is brought to seek redress for the wanton destruction caused to Phi Kappa Psi by Rolling Stone’s intentional, reckless, and unethical behavior.”

Working with an Attorney to Address False Rape Accusations

Sexual assault crimes are taken very seriously by the law. If you have been falsely accused you might assume that the charges will just be dropped because of how ludicrous they are to you. But take this case for example - and the wide-reaching effects that it had on just members of the fraternity associated with the rape allegations.

These types of allegations do not just “go away,” and you will need to be prepared if you are falsely accused. Here are some things you can do:

  • Do not speak with police or investigators until you have contacted a criminal defense attorney. They might try different tactics to get you to admit to a crime you did not commit. Remember that they are always trying to build a case. Simply state that you will not speak with them unless there is an attorney present.
  • Get in touch with a qualified and experienced criminal defense attorney. You’ll want to do this as soon as possible, even if you just expect the charges to be dismissed.
  • Prepare for what the allegations might bring. You will be asked to defend yourself, so you’ll need to be prepared. This means contacting witnesses that can testify or provide an alibi for you. You might also need to take psychological tests, or be asked to provide other evidence.Write down as many details as possible about what you remember.
  • Study. A criminal defense attorney will be able to guide you through fighting the allegations, but it’s in your best interest to understand the legal process and know your rights.

You will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal Criminal Lawyers.

After you have discussed the specifics of your case, your Sevens Legal Criminal Lawyers, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal Criminal Lawyers, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.

Sevens Legal Criminal Lawyers, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal Criminal Lawyers, criminal defense lawyers, call (619) 430-2355. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

]]>
Cosby Brings Defamation Lawsuits Against Sexual Assault Allegationshttps://www.sevenslegal.com/criminal-attorney/cosby-brings-defamation-lawsuits-sexual-assault-allegations/429/Thu, 24 Dec 2015 16:00:13 +0000https://www.sevenslegal.com/criminal-attorney/cosby-brings-defamation-lawsuits-sexual-assault-allegations/429/Bill Cosby's legal team has brought lawsuits alleging defamation and intentional infliction of emotional distress against sexual assault accusers.Bill Cosby’s legal team has now brought lawsuits alleging defamation and intentional infliction of emotional distress against some of the comedian’s sexual assault accusers.

In what has become an on-going saga, Bill Cosby’s legal team has launched the latest land-mine when it comes to the sexual assault allegations that the comedian is facing. His team has now brought lawsuits against seven women, claiming that the sexual assault allegations made by them have damaged Cosby’s reputation so much that plans for a new family comedy set to air on NBC had been derailed.

And just this week, another lawsuit against supermodel Beverly Johnson was filed. In it, Cosby’s team alleges that the first African-American supermodel lied when she accused Cosby of drugging her and trying to rape her in the mid-1980s.

Sexual Assault Allegations Against Cosby

In the highly publicized case against Cosby, more than 40 women have publicly come forward to accuse Cosby, 78, of sexual assault charges that allegedly took place over the last four decades. Most of the women also allege that the comedian drugged them in order to take advantage of them.

Cosby has denied the claims, and many of those alleging the misconduct have not filed formal claims. This is mostly due to the fact that the statute of limitations for the alleged misconduct has run out in just about every state that the accusations stem from.

Statute of Limitations, Tolling Provisions, and Delayed Discovery

A statute of limitation is a law that forbids prosecutors from charging someone with a crime committed over a certain number of years. This law is to ensure that convictions occur only upon evidence (physical or eyewitness) that has not deteriorated over time.

When it comes to allegations of sexual abuse, there are a number of “tolling provisions.” Tolling provisions are suspensions to the statute. This means that when these provisions are available, they can void the statute of limitation.

One such tolling provision is delayed discovery, and in Cosby’s case, where the allegations also allege that Cosby drugged them, it can be a powerful provision.

Delayed discovery is when a victim’s memory of the event is repressed. The statute is “un-suspended” when the victim consciously remembers the sexual abuse that happened. So if a person is sexually assaulted, but does not remember it due to psychological distress or drugging, but then later remembers it, they are able to bring assault charges.

But if a victim has at any point shown that he or she was aware of the misconduct at the time of the crime, or even shortly after, this provision cannot be used to suspend the statute.

When a person alleging misconduct realizes the abuse, they on average have about three years to file a sexual assault claim. That length of time is dependent on the state’s laws in which the complaint is filed.

Cosby and Delayed Discovery

It seems that a number of women have only recently come forward with allegations of sexual misconduct by Cosby. But if most of the women alleging the misconduct realized that the misconduct had occurred shortly after, then this tolling provision will not apply to any of them. This could be a strong defense for Cosby’s team when it comes to dismissing any of the allegations.

Beverly Johnson and New Lawsuits

It seems Cosby’s defense team might be handling some of these allegations in another way - by bringing lawsuits that allege defamation. Such as the lawsuit filed this week against the first African-American supermodel, Beverly Johnson. Johnson, 63, first made her accusations against Cosby in late 2014 in Vanity Fair magazine.

In the article, Johnson writes that during the mid-1980’s she visited Cosby’s residence. During the visit, the two engaged in some acting exercises, one of which included “acting drunk.” Cosby urged her to have a cappuccino drink.

“I knew by the second sip of the drink Cosby had given me that I’d been drugged – and drugged good,” she wrote. According to Johnson, she struggled so much that Cosby removed her from his house and placed her in a cab to send her home.

Johnson also publicly discussed the allegations on television shows, including “The View,” “Nightline” and “Good Morning America.” The incident was also described in Johnson’s 2015 autobiography, “The Face That Changed It All.”

Defamation Lawsuit Against Johnson

The defamation lawsuit filed by Cosby’s team alleges Johnson’s sexual assault allegations are an attempt to revive her waning career and sell copies of her memoir, and that Cosby and Johnson were never alone together in his house and that the comedian never drugged her. The lawsuit also claims that Johnson’s allegations were made to intentionally inflict emotional distress and that “her story is a lie.”

Johnson Responds to Cosby Lawsuit

“I am aware of the statements from Bill Cosby,” said Johnson, responding to the new allegations of defamation. “In cases of rape and abuse, abusers will do whatever they can to intimidate and weaken their victims to force them to stop fighting. I ask for your support of all of the victims involved.”

Cosby’s lawyer, Monique Pressley, responded to Johnson’s statement, calling it “an opportunistic attempt to resuscitate her own career and benefit herself financially from the wave of media attention surrounding her false allegations against Mr. Cosby. …”

In the lawsuit that Cosby has brought, the comedian is seeking unspecified damages, an injunction that will require Johnson retract the statements she has made, and also remove the chapter of her memoir that discusses Cosby. The removal will need to be done for future printings of the book as well as unsold copies.

Additional Lawsuit Against Renita Hill

In addition to this week’s lawsuit, last week Cosby’s lawyers filed a motion to dismiss the lawsuit that was filed last October by Renita Hill. Hill is another one of Cosby’s accusers. The two appeared together in the 1980s in the educational videos “Picture Pages.” Hill was a teenager when the two appeared on the show together.

The lawsuit she brought alleges that during the years of 1983-1987, Cosby would often give Hill a beverage and press her to drink it. According to the lawsuit, “On the majority of these occasions, upon imbibing the drink, Renita would lose consciousness and wake up in her room the next day, oftentimes nude, disheveled, confused, and disoriented.”

Cosby’s lawyers responded to the accusations with claims that everything Hill reported was untrue. Hill decided to file for defamation. The latest motion filed by Cosby’s lawyers claim Hill’s complaint does not meet the bar for defamation.

Facing Sexual Misconduct Allegations

As the numerous sexual misconduct allegations against Cosby shows, these types of allegations should not be taken lightly. Although it’s not clear how these latest rounds of lawsuits will play out, it’s important to take the necessary precautions to protect yourself if you find that you are being accused of rape or sexual molestation.

There are some important steps to remember if you have been charged with a sex crime:

  • Do not speak with police or any other investigation team unless you have secured legal Representation. While police will often say they are just conducting an objective investigation, remember that they are trying to build a case at all times. Anything you say can be held against you.
  • If you have already spoken with police or other investigators do not continue to do so
  • Do not confide in friends or relatives until you have legal representation
  • Do not wait to secure legal representation. These allegations will not fade away or just disappear.

You will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal Criminal Lawyers.

After you have discussed the specifics of your case, your Sevens Legal Criminal Lawyers, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal Criminal Lawyers, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.

Sevens Legal Criminal Lawyers, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal Criminal Lawyers, criminal defense lawyers, call (619) 430-2355. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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The Sandlot's Star That's Been Accused of Assaulthttps://www.sevenslegal.com/criminal-attorney/sandlot-star-accused-assault/425/Thu, 10 Dec 2015 16:00:07 +0000https://www.sevenslegal.com/criminal-attorney/sandlot-star-accused-assault/425/According to authorities, Mike Vitar, who played Benny The Jet Rodriguez in the 1993 movie, The Sandlot has been charged with a Halloween night assault.According to authorities, Mike Vitar, who played Benny “The Jet” Rodriguez from the 1993 movie, “The Sandlot” has been charged with a Halloween night assault.

The Incident of Assault

Vitar, who is now a Los Angeles firefighter, along with two other men - fellow firefighter Eric Carpenter, and Thomas Molnar have been accused with assaulting a 22-year-old man that was handing out Halloween candy to kids on the street. According to the Los Angeles County District Attorney’s Office, the three men were in attendance at a party being hosted by Carpenter, 38, when they noticed the victim, who allegedly had returned to his old neighborhood to hand out candy. The three men believing the victim to be either trespassing on Carpenter’s property, or perhaps just a danger to the kids, then chased the victim down the street and attacked him.

All three men have been charged with assault. In addition to the assault charge, Carpenter has also been charged with personally inflicting bodily injury. He allegedly choked the victim after the victim was forced to the ground by the three men.

Understanding “Assault”

Despite the fact that they are often combined as “assault and battery,” it’s important to note that two are actually two separate charges. They also both fall under criminal and civil law.

Under California Penal Code, assault is defined as an “unlawful attempt” to cause a “violent injury on the person of another.”

California Penal Code defines battery as force or violence used against another person.

In essence, the difference is that “assault” is an attempt to commit the actual act of “battery.”

Defending the Accused

According to Arthur Avazian, the attorney defending Molnar, his client along with Vitar and Carpenter were actually trying to restrain the victim. According to Avazian, the victim was trespassing and would not leavethe premises. As a result, the three men were trying to get him to leave. Additionally, it seemed the victim was passing out candy to children against the consent of the adults present.

“They believed he posed a danger to children in the area by trying to pass out candy against the consent of the adults,” Avazian said. “These are really good people, two firefighters and my client who is successful businessman,” Avazian said.

Meanwhile, Michael A. Goldstein, the attorney representing Carpenter, urged the public to not jump to conclusions because of these allegations. Goldstein said his client is a career firefighter “who is the business of saving lives and helpings others.”

Defenses to Charges

As both Avazian and Goldstein, the two defense attorneys on this case have stated, the three men were trying to protect the children from the victim, in addition to potentially protect their land (in the case of Mr. Carpenter) from a potential trespasser. Both of these reasons could prove to be strong defenses to the three accused men. Below we outline what defenses can be used for assault and battery charges.

Self Defense. To prove a defendant was acting in self-defense, a criminal law attorney will need to prove the following:

  • there was a threat of unlawful force against the defendant
  • there was an honest, real perceived fear of harm against the defendant
  • the defendant did not provoke or actually cause harm to the other person
  • there was no chance for the defendant to be able to retreat from or escape the situation, and therefore needed to act in self-defense.

Defense of Others. To prove a defendant was acting in defense of others, a criminal law attorney will need to prove that the defendant had an honest and real fear that harm was going to be done to another person.

This defense is mostly likely to be employed by the criminal defense lawyers representing Carpenter, Vitar, and Molnar. If all three men believe that the victim was potentially going to cause harm to the children he was handing candy to, then it is plausible that the three men felt they needed to act in defense of the children. If their attorneys are able to prove this, or that the victim was acting in a suspicious way that would make the three men believe there was imminent harm, then the charges could be dismissed.

In this instance, the victim’s potentially suspicious actions would have given the three men reasonable grounds for wanting or needing to come to the defense of the children.

An additional aid to the defense team is the fact that two of the men are firefighters, and have proven time and time again that they are in “the business” of coming to people’s aid.

Defense of Property. To prove a defendant was acting in self-defense, a criminal law attorney will need to prove the accused acted in defense of his or her property. This defense will vary from state to state due to the nature of property law and how much an individual is allowed to exercise force to defend his or her property. This can be especially difficult when it comes to a home versus personal property such as a purse.

If the three men were at a party being hosted by Carpenter, and the victim entered onto the Carpenter property illegally, then it might be a successful defense to use. If the attorneys are able to prove that there was a perceived idea that the victim could have caused harm to the property, they might be able to have the charges dismissed.

Consent. This can be one of the hardest defenses to prove. For this defense to be employed, a criminal defense lawyer will need to show that the individual consented to the act. This defense is often heavily scrutinized by courts due to the fact that most harmful actions, even when consented to, are in violation of public policy and can and should still be punished under law.

Additional Considerations for Assault and Battery Charges - Proving Assault

When it comes to proving that someone is guilty of assault, there are a number of other considerations, including:

  • the defendant intended to commit a battery and,
  • that he or she had the “present ability”(a person’s immediate capacity to do an act)

A prosecutor would need to show that the person who committed assault was also capable of committing battery. But, that prosecutor would not need to show that actually physical contact occurred.

Proving Battery

To prove that a defendant committed battery, the prosecutor would need to show that actual physical contact was made, and that physical contact was done willingly.

Additional Levels of Battery

There are additional levels, or degrees of battery defined by the California Penal Code.

For example, Carpenter was also charged with personally inflicting great bodily injury.

Section 242 of the Penal Code sets forth a basic law for battery, and Section 243(d) refers to “serious bodily injury.”

It’s important to note that there are specific codes that apply when certain people are victims, including: peace officers, police officers, firefighters, emergency response technicians, school employees, and other first defenders. The Penal Code also outlines separate laws for battery in the context of domestic violence.

Penalties for Assault and Battery

As with most crimes, there are a number of factors that are applied when it comes to sentencing, including: severity of assault and/or battery, if there were aggravating circumstances (such as use of a weapon), and the defendant’s criminal history.

Assault

For a simple assault, the Penal Code sets a maximum fine of $1,000, a maximum sentence of jail time for six months, or both.

Penalties can increase to $2,000 or one year of jail time if the victim of the crime is a person listed in the Penal Code (peace officers, police officers, firefighters, emergency response technicians, school employees, and other first defenders).

Battery

For a simple battery, the Penal Code sets a maximum fine of $2,000, a maximum sentence of jail time for six months, or both.

Penalties can increase to one year of jail time if the victim of the crime is a person listed in the Penal Code (peace officers, police officers, firefighters, emergency response technicians, school employees, and other first defenders) or if the act was an act of domestic violence.

For battery resulting in serious bodily injury, a defendant may be charged according to felony sentencing in accordance with Section 1170 of the Penal Code. This can result in jail time of two, three, four, or even longer terms.

Prior felony convictions may also increase penalties.

When looking at the case of Vitar, Molnar, and Carpenter, the potential penalties they are facing seem severe in comparison to the above.

According to the district attorney’s office, if convicted, Carpenter is facing up to seven years in prison, and Vitar and Molnar are facing up to four years each in prison.

It is unclear why these men might face such severe penalties. It could be because of their positions as firefighters, or perhaps other factors of the incident that have not yet been disclosed.

Arrested and Released on Bail

What is clear is that the three men will have to wait for their trials to begin. All three men were able to post bail. Carpenter was arrested Nov. 17, 2015 and was released after posting $60,000 bail. Vitar, 36, and Molnar, 45, were arrested Dec. 3, 2015 and were released after they each posted $30,000 bail.

The Los Angeles Fire Department announced both firefighters, who were off-duty at the time of the alleged assault, have been placed on administrative leave with pay as the criminal case proceeds.

“The LAFD is aware of an incident involving two off-duty firefighters that is alleged to have occurred on Saturday, October 31st. The department has cooperated fully with law enforcement during the subsequent investigation,” said Los Angeles Fire Department spokesman Peter Sanders.

Working with a Criminal Defense Attorney

Assault and battery charges can be complex, requiring much gathering of evidence and information. It’s highly advised that you work with an experience criminal defense attorney that will be able to advise you on the best defense.

If you or loved ones is accused or charged with any type of crime call us. Let us support and help you during this tough time. Our firm award winning attorneys provides hope and peace of mind. The Sevens Legal Criminal Lawyers office is located in both San Diego and Escondido. We have time and time again helped Southern California residents get their cases dismissed or penalties reduced.

Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Updates On Bill Cosby's Allegations of Sexual Misconducthttps://www.sevenslegal.com/criminal-attorney/updates-bill-cosbys-allegations-sexual-misconduct/409/Thu, 15 Oct 2015 15:00:27 +0000https://www.sevenslegal.com/criminal-attorney/updates-bill-cosbys-allegations-sexual-misconduct/409/Attorney Gloria Allred questioned Bill Cosby last Friday in connection with sexual misconduct the comedian has been accused of over the past year.After months of allegations, there have been some new developments relating to the sexual allegations against Bill Cosby.

Attorney Gloria Allred questioned Bill Cosby under oath last Friday for approximately seven hours in connection with the formal lawsuit brought against him for sexual misconduct. The comedian has been accused over the past year by numerous women alleging sexual misconduct.

Cosby’s deposition in this lawsuit stems from Judy Huth’s molestation accusations against him that occurred in 1974. The location was in Boston in an undisclosed location. On Saturday, as part of a news conference, Gloria Allred stated the questioning for the deposition began at 9 a.m. and finished at approximately 4:30 p.m. Huth alleges she was 15-years-old at the time Cosby molested her while at a party at a Playboy Mansion both she and the comedian attended in 1974.

Cosby’s Sexual Allegations Against Him

Huth is one of 50 women who have stepped forward with various sexual accusations that include rape, sexual misconduct, and molestation against the comedian. The allegations have continued to be denied by both Cosby and the legal team representing him.

The contents of Cosby’s deposition will continue to be sealed until December 22nd, 2015, at which point Los Angeles County Superior Court Judge Craig D. Karlan will review the testimony. After the review, Judge Karlan will listen to arguments from the attorneys’ as to what portions, if any, will be allowed to be made public.

“We will also be seeking to take a further deposition of Mr. Cosby at a later date,” announced Gloria Allred. On October 15th, 2015, Huth will be on the stand to be questioned.

Party at the Playboy Mansion

Huth has stated that she and a friend were in the San Marino’s Lacy Park in 1974 and wandered over to where a movie was set up that Cosby was working on.

According to Huth’s allegations, Cosby approached her and her friend to invite them to sit in the director’s chair. Huth was 15 at the time. Then he asked them what their age was, after which he invited them to come the following Saturday to his Los Angeles County tennis club.

Huth and her friend met him there that Saturday, then proceeded to follow him to a house where he gave them alcoholic beverages and played billiards with them. Cosby insisted the rules of the game required Huth to drink a beer whenever he won a billiard game. Later on that Saturday, Huth and her friend followed him to the Playboy Mansion and was instructed to say their age was 19 in case anybody asked what their age was.

While they were at the Playboy Mansion, Huth discovered Cosby sitting on a bed after she had used the bathroom. As Huth alleged in the lawsuit, Cosby asked her to sit beside him on the bed and then attempted to “put his hand down her pants.”

The lawsuit contends that Cosby then took Huth’s hand and used it to perform a sexual act on himself “without her consent.”

The lawsuit, filed in December, is the first significant court case filed against Bill Cosby since Andrea Constand, an employee at Temple University, sued him in 2005. The case between Cosby and Constand was settled for an undisclosed amount out of court.

Cosby’s attorneys have argued about the allegations that Huth had previously attempted to sell her sexual allegation story to the National Enquirer, saying it is “absolutely false.” His legal team also allege that Huth had another attorney seek damages from Cosby for approximately $250,000.

Although this could be the first “formal” lawsuit brought against Cosby, it will definitely not be the last. There could be numerous lawsuits turned out for these allegations against him. For example, another woman, Chloe Goins, sued the comedian in federal court, alleging she was also molested in 2008 at the Playboy Mansion by Cosby. The allegations she’s brought have been investigated by the Los Angeles Police Department and are also under review by prosecutors.

Previous Allegations of Accusers Against Cosby

Due to the fact that the statute of limitations relating to Cosby’s actions has run out in almost every state his accusers have come from, Cosby’s accusers have not made any formal claims that could lead to any legal remedies.

Statute of Limitations A statute of limitation law forbids prosecutors charging somebody with a crime if it was committed more than a specific number of years before with the intent to make a conviction based only on the evidence, either eyewitness or physical, that hasn’t deteriorated over time.

Tolling Provisions Where sexual abuse cases are concerned, there are certain “tolling provisions,” which involves suspensions relating to the statute. One tolling provision, in some states, is referred to as “delayed discovery.”

“Delayed discover” is when the memory of an event is repressed in a victim’s memory. This often is a psychological effect where sex abuse is involved. When the victim consciously remembers that the sexual abused happened, the statute is considered “un-suspended.”

The tolling provision is incredibly strict, but is also very helpful. If a victim has shown they are aware something wrong occurred at the time the crime happened, or even if they remember shortly after, this exception cannot be used in order to delay or attempt to suspend the statute.

Basically, this means the only way this can be used is if it is applied to people whose memories of the event were completely repressed.

If a victim does not realize they’ve been abused, they typically have approximately three years in order to file their sexual assault claim. However, the amount of time depends on the laws of the state where the complaint is being filed.

Since most accusers of Cosby realized shortly after the occurrence of the alleged rape, this tolling provision therefore does not apply to any of them.

Statutes for Sex Crimes Since more and more states in the U.S. are getting rid of statutes of limitations where it comes to sex crimes, it’s becoming apparent that these statutes have been unjust. When it comes to the terms relating to the crimes committed, these laws just simply aren’t realistic.

Sexual abuse victims are often traumatized, ashamed, and scared when it deals with coming forward years or even decades later. When faced with the thought of going up in court against the person who abused them, victims frequently prefer to remain silent.

This reaction is compounded by the following facts:

- Approximately 4 out of 5 of rapes tend to be committed by somebody the victim knows.

- 82% of sexual assaults are committed by somebody who is not a stranger.

- 47% of rapists are committed by an acquaintance or friend.

- 25% of sexual assaults involve somebody the victim is intimate with.

- 5% are committed by a relative.

Since these statutes of limitations only permit abuse victims just a few years to file their claims, they ignore the psychological fear many victims face that prevents them coming forward to begin with. These fears also tend to keep them from going to a hospital immediately in order to preserve the physical evidence associated with rape and sexual molestations. Due to this, rape and sexual abuse cases are almost impossible to prosecute, resulting in “he said/she said” arguments in court.

Facing Sexual Misconduct Allegations

As the numerous sexual misconduct allegations against Cosby shows, these types of allegations should not be taken lightly. Although it’s not clear how this case against the comedian and other similar cases will go, it’s important to take the necessary precautions to protect yourself if you find that you are being accused of rape or sexual molestation. You will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal Criminal Lawyers.

After you have discussed the specifics of your case, your Sevens Legal Criminal Lawyers, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal Criminal Lawyers, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.

Sevens Legal Criminal Lawyers, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal Criminal Lawyers, criminal defense lawyers, call (619) 297-2800. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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First-Degree Murder Conviction for NFL Star Aaron Hernandezhttps://www.sevenslegal.com/criminal-attorney/firstdegree-murder-conviction-nfl-star-aaron-hernandez/314/Thu, 08 Oct 2015 15:00:00 +0000https://www.sevenslegal.com/criminal-attorney/firstdegree-murder-conviction-nfl-star-aaron-hernandez/314/NFL star Aaron Hernandez, tight end with the New England Patriots, has been convicted of first-degree murder for shooting and killing Odin L. Lloyd.The life of former National Football League star Aaron Hernandez, convicted of murder, has taken a detour to jail. Formerly a tight end with the New England Patriots, he has been convicted of first-degree murder for shooting and killing Odin L. Lloyd. Hernandez, 25, allegedly killed Lloyd after he made the fatal error of angering him at a club a couple of nights before his death.

Life Sentence for Aaron Hernandez

At his sentencing in the Bristol Superior Court to mandatory life without possibility of parole, Hernandez was expressionless. After the guilty verdict was announced by the jury foreperson, he sat down with his head shaking.

According to prosecutors, Hernandez, Ernest Wallace, and Carlos Ortiz, picked Lloyd up on June 17, 2013, from his Dorchester residence and drove to an industrial park in North Attleborough, near Hernandez’s home. Hernandez then shot Lloyd several times, two of which were direct hits to his chest.

Five years before the murder Hernandez had signed a five-year contract with a $40 million extension to play for the New England Patriots. Although he helped the Patriots get to Super Bowl XLVI, they ended up losing to the Giants 17-21.

Motive for Killing Odin Lloyd

Although the motive for Hernandez killing Lloyd was never clearly stated by prosecutors, they managed to paint a picture of a young man who, according to a witness who testified at the murder trial, was secretive and easily provoked at mere slights, in spite of his good looks, sizable fortune, and bright future as an NFL star.

Witnesses testified that two nights prior to Lloyd’s murder, he and Hernandez had gone together to a Boston club together, where Hernandez allegedly got angry when Lloyd began talking with other people. Hernandez alleged stormed out to his vehicle and returned with a handgun which allegedly was used to kill Lloyd two days later.

Hernandez Murder Weapon Still Missing

Although the gun used in the murder wasn’t found, and no potential eyewitnesses to the murder testified, the prosecution built their case using circumstantial evidence including cell phone records, DNA, surveillance footage, and various other evidence discovered at the crime scene. The prosecution was able to construct a scenario of Lloyd’s final ride, which included testimony by witnesses to Hernandez’s suspicious behavior before and after the murder.

Fiancee Shayanna Jenkins Faces Perjury Indictment

Shayanna Jenkins, Hernandez’s fiancee, is facing perjury charges for testifying that Hernandez told her to remove a box located in their basement the day after Lloyd was murdered.

According to authorities, the removed box contained the .45 caliber Glock gun that Hernandez killed Lloyd with. Hernandez’s defense attorneys stated that based on Jenkin’s testimony relating to the smell and weight of the box, chances are it contained compressed packages of marijuana.

The defense team for Hernandez alleged the prosecution’s investigation was biased and botched, as well as incompetent from the beginning due to the police fixating on Hernandez and not following up on other evidence that may have pointed to other suspects.

Did Wallace or Ortiz Kill Lloyd?

Defense attorney James Sultan closed his arguments by suggesting that either Wallace or Ortiz, two other men allegedly involved in the killing of Lloyd, may have killed him while in a drug-induced state. Based on this argument, Hernandez may have taken the gun away from them when they came back to his place in order to protect himself.

Although Sultan agreed Hernandez was present at the murder scene, he maintained that he had only been a witness to Lloyd’s shooting and not actually involved in any plan to kill him.

Wallace and Ortiz will be separately tried in connection with Lloyd’s murder.

Guilty Verdict Found Beyond a Reasonable Doubt

According to Hernandez’s defense team, the presented evidence didn’t add up to a guilty verdict of beyond a reasonable doubt. Typically it’s the prosecutor’s job to prove their version of what occurred happened in such a way that no “reasonable person” could have a “reasonable doubt” as to whether the defendant was guilty or innocent. Although some doubt may exist, it can’t be to the extent that it would make a reasonable person believe the defendant is guilty of the alleged crime.

While he prosecution questioned 132 witnesses, including Robert Kraft, owner of the Patriots, fiancee Shayanna Jenkins, and a former friend or Hernandez’s who claimed he was shot in the face by Hernandez in Florida four months prior to Lloyd’s murder. Compared to this, the defense team only called three witnesses.

Hernandez’s defense team felt the prosecutor was unable to credibly explain any motive as to why Hernandez wanted to kill Lloyd. The relationship between the two men seemed to be that between “future brothers-in-law” according to the team. The two men socialized together at family gatherings, dated each other’s sisters, pursued women together, went to nightclubs together, and smoked marijuana together.

In spite of this, William McCauley, the lead prosecutor, suggested that Lloyd and Hernandez shared little in common.

McCauley stated, “I think it was a great contrast between two young men. The defendant, who had so much — so much ability, talent, money, all the things that everyone thinks you need. And you had Odin Lloyd, who didn’t want that.”

McCauley said Lloyd was a man who rode his bicycle to his various landscaping jobs and “didn’t want [anything] given to him. He was going to earn it.”

News Conference with Jury Unusual

After the conviction, the entire jury addressed the reporters in a news conference, which was an unusual event. According to juror Kelly Dorsey the panel had not prejudged the case, saying “You have to assume that the man sitting in that seat is innocent until the prosecution proves he’s guilty and that’s what happened today.”

Prosecutors praised the jurors for their ability to look past the fact that Hernandez was a celebrated athlete who had once been cheered at New England Patriot games.

Jury Issues Verdict After Seven Days

After an 11-week long trial, the jurors finally arrived at a verdict on the seventh day. As the jury foreperson read the verdict, emotional responses from the families of both Hernandez and Lloyd echoed throughout the court room.

As the former pro-football star looked at his mother and fiancee he whispered “be strong” repeatedly as the two women held each other and wept.

Ursula Ward, Lloyd’s mother, sat and cried by Shaneah, the now estranged sister of Jenkins. Shaneah had dated Lloyd at one point.

“Odin was my first, best gift I ever received,” Ward said to Judge E. Susan Garsh in the sentencing hearing after Hernandez was conviction. “I thank God [for] every second and every day of my son’s life that I spent with him.”

She also forgave the three men saying, “I forgive the hands of the people who had a hand in my son’s murder, either before or after.”

The lawyers for Hernandez didn’t make any comments in reference to either the verdict or when he was sentenced. In reference to the murder conviction all Sultan said was “we don’t have anything to add. Obviously the court needs to impose the statutory penalty.”

Olivia Thibou, Lloyd’s sister, expressed her gratitude to the prosecution for their handling of the case. She said her family was still grieving.

Hernandez Placed in MCI Cedar Junction State Prison

After the verdict was announced, Hernandez was taken to MCI Cedar Junction, less than 2 miles away from the place he used to play when he was with the Patriots. Until the state’s highest court reviews his conviction, he’ll remain there until they decide a permanent prison to be placed in.

District Attorney Thomas Quinn said, “Aaron Hernandez may have been a well-known New England Patriots football player. However, in the end, the jury found that he was just a man who committed a brutal murder.”

Hernandez Faces a Separate Indictment for Double-Murder

In addition to the conviction for Lloyd’s murder, Hernandez faces a double-murder indictment in Suffolk County, where he allegedly gunned down Daniel Abreu and Safiro Furtado. The drive-by shooting happened in Boston’s South End on July 2012. Currently there has no court date set for this case.

Safiro’s father, Salvador Furtado, has stated that he wants the alleged killer of his son pay, “Justice in America is very strong. I believe in justice in America.

If you’ve been accused of manslaughter or homicide, you need an expert criminal defense attorney who will ensure your protection from these consequences, such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Samantha Greene Receives an Award from NADChttps://www.sevenslegal.com/awards/321/321/Tue, 05 May 2015 16:01:35 +0000https://www.sevenslegal.com/awards/321/321/THE NATIONAL ASSOCIATION OF DISTINGUISHED COUNSEL

PRESS RELEASE

Samantha-Green-Award

Samantha Greene, of [Sevens Legal Criminal Lawyers]( “Sevens Legal Criminal Lawyers”), has been selected to the 2015 list as a member of the Nation’s Top One Percent by the National Association of Distinguished Counsel.  NADC is an organization dedicated to promoting the highest standards of legal excellence.  Its mission is to objectively recognize the attorneys who elevate the standards of the Bar and provide a benchmark for other lawyers to emulate.

Members are thoroughly vetted by a research team, selected by a blue ribbon panel of attorneys with podium status from independently neutral organizations, and approved by a judicial review board as exhibiting virtue in the practice of law.  Due to the incredible selectivity of the appointment process, only the top one percent of attorneys in the United States are awarded membership in NADC.  This elite class of advocates consists of the finest leaders of the legal profession from across the nation.

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Director Miller Pleads Guilty to Involuntary Manslaughterhttps://www.sevenslegal.com/criminal-attorney/director-randall-miller-pleads-guilty-involuntary-manslaughter/317/Wed, 29 Apr 2015 15:00:27 +0000https://www.sevenslegal.com/criminal-attorney/director-randall-miller-pleads-guilty-involuntary-manslaughter/317/Randall Miller, a Hollywood director, has pled guilty to involuntary manslaughter charges in the death of Sarah Jones, a 27-year old assistant camera operator, kill last year in an on-set train accident during filming.

Miller Guilty in Set Train Accident

Last year, during the first day of filming for “Midnight Rider” Sarah Jones, assistant camera operator, was killed when a train crashed into the trellis during authorized filming. The film was a biopic about Gregg Allman, the Southern rocker. Six other crew members were also during during the accident that killed Jones.

In preparation for filming a scene where actor William Hurt, playing Allman, was to lie down on a metal-frame in a dream sequence, the crew placed the frame over the train tracks of the historic Doctortown Railroad Trestle that was over the Altamaha River.

Miller’s lawyers contended that the company received permission from Rayonier, Inc., for filming on the trestle. Rayonier, Inc., is a paper company who owns the land where the trestle is located. Prosecutors in the case claim CSX, who owns the train track, denied the filmmakers permission to film on either the train track or trestle and therefore the filmmakers knew they did now have permission.

Lawyers stated that Rayonier, however, informed the film company there would be two trains using the track on the day of filming, and when they has passed it would be okay for the crew to set up shots so they could film.

Edward T.M. Garland, Miller’s lawyer, said, “Randall Miller at the time this happened believed there were not any more trains that would come down that track.”

However, there was a third train, which came hurtling at 55 mph toward the crew. The crew scrambled to get off the trestle, but when the train struck the metal frame fragments of it then hurtled toward Jones.

Who Was Responsible for Accident

The case seeks to place responsibility for the on-set accident on Miller and the production team. This is a hallmark case in Hollywood film history since crew members in Hollywood and elsewhere are demanding safer filming conditions. Industry attorneys in the entertainment business can’t recall other cases where a filmmaker had pled guilty for accidents occurring on their sets.

Randall Miller, “Midnight Rider”’s director has pled guilty to involuntary manslaughter.

Miller Accused of Manslaughter

The legal term “manslaughter” is used for the act of killing a human being, however the manner is considered to be less guilty than the act of murder.

The difference between “murder” and “manslaughter” is intent.

Murder is having an “intent” and knowledge that the actions you are taking will probably result in another person’s death. Manslaughter is not having “intent” or knowledge that your actions could kill somebody. When an accident, without intent, causes somebody to die, or causes injuries that leads to the person’s death, a charge of manslaughter likely will be brought. If a person “intends” to cause serious bodily harm but not to the extent that the person dies, even though the injuries eventually result in the person’s death, manslaughter charges also can be brought.

Three Manslaughter Degrees

There are three different degrees of manslaughter: voluntary, involuntary, and vehicular. Each degree has it’s own level of punishment.

Voluntary manslaughter: intentionally killing another person as a result of adequate provocation, unreasonable self-defense, or excessive self-defense. The punishment for a voluntary manslaughter conviction is 3-11 years in prison.

Involuntary manslaughter: unintentional killing somebody because you were negligence. The punishment for involuntary manslaughter if convicted is 2-4 years.

Vehicular manslaughter: vehicular manslaughter when an unlawful act while driving a motor vehicle results in a person’s death. The sentence depends on whether this is prosecuted as a misdemeanor or a felony.

Miller’s Accident Defense

Miller’s attorney said Miller’s plea of guilty was to try and spare Jody Savin, his business partner and wife, from prosecution. Charges of criminal trespass and involuntary manslaughter against Savin were dropped. In addition to involuntary manslaughter, Miller pled guilty to a criminal trespass charge. His sentence was up to two years in the Jesup Wayne County Detention Center, then probation for eight years. Miller has also been fined $20,000 and must perform 360 hours of community service.

Sarah Jone’s father, Richard Jones, said, “It sends a message, frankly, that if you do not respect those that you’re in charge of, you may end up behind bars. I think that will get attention.”

Crew Members Attitudes Were Cavalier

A perceived cavalier attitude on the part of directors have been reported by many crew members about on-set safety on movie sets. This attitude is encouraged by the focus on deadlines and costs of filmmaking, pushing safety issues down on the list.

Some industry professional felt Miller’s sentence should have been harsher. Either way, it will have influence in Hollywood about how they do business in the future. It’s hoped that filmmakers will be encouraged practice greater safety instead of skirting the rules.

Former studio executive Joe Pichirallo, who is also the chair at New York University’s Tisch School of the Arts in the undergraduate film and television department, has said, “Sometimes in the frenzy of making movies, basic common sense and rational decision-making get shunted aside. That is wrong and in this case ended up with a very tragic consequence that sadly could have been avoided.”

Loyola Law School professor Laurie Levenson has said, “Sometimes the only way to get people to pay attention to safety is to show them the consequences will be grave if they don’t.”

Message of Jones’ Parents to Hollywood

Sarah Jones’ parents are hoping the prison sentence for Miller will send a strong message in Hollywood when it comes to film on-set safety.

Richard Jones has said, “We do call for the movie and television industry to examine themselves and examine the myth of this bubble of cinematic immunity they may think they have.”

He further went on to say in another interview, “We were never seeking revenge. We were always seeking accountability.”

Sarah Jones’ mother, Elizabeth Jones, has said, “Her death will not be in vain.”

Hollywood Immune to Charging Filmmakers

Hollywood is not immune to fatal accidents. But criminal charges being brought against filmmakers are rare due to the difficulty of proving that members of a film crew acted with intent to cause harm.

The case is the first in more than 30 years to charge a film executive with manslaughter in connection with a film-set death.

In 1982, Vic Morrow and two children were killed on the set of “Twilight Zone: The Movie” when a helicopter crashed during late-night film shoot. Director John Landis and four associates were acquitted in 1987 of involuntary manslaughter.

Miller’s Plea Arrangement

Part of Miller’s plea agreement prohibits him from being a director, assistant director, or any role that carries with it the responsibility for safety when it comes to film-set employees. After the decision was handed down, Miller was escorted to county jail to start serving his sentence. He agreed to a guilty plea so charges would be dropped against his wife Jody Savin. He and Savin have two children, 12 and 14. Edward T.M. Garland, Miller’s attorney, said, “He did not want to put his wife at risk.”

Garland stated that he expects Miller will server only a year of his two year sentence, then nine years of probation.

Miller Accepts Responsibility for Jones’ Death

Even though Miller accepts full responsibility in Jones’ death, Garland said he was sure the set was safe. Garland said, “[it] has been the goal of the Jones family [to send a message to Hollywood] — and, unfortunately, our client became the vehicle for that process.”

Sentencing of Others in Jones’ Death

Also sentenced in the case was executive producer Jay Sedrish, who received 10 years of probation and has also been prohibited from doing any film-set work where he would have responsibility in the safety of others. Assistant director Hillary Schwartz, who was expected to testify against Miller and the others, is scheduled to be tried separately. She is also expected to agree to a plea deal according to her defense team.

Judge Anthony L. Harrison said he accepted Miller’s plea deal “with some reluctance,” told Jones’ family that he felt their daughter’s death could have been prevented.

Judge Harrison said, “I hope this day will in some way contribute to your goal of sending a message to the film industry regarding safety and responsibility.”

A criminal defense attorney can advise you and develop a strategy for defend you in a court. Sevens Legal Criminal Lawyers, understands how the ramifications criminal charges can have. If you don’t have your freedom, nothing matters. If you have been charged with any kind of manslaughter, you need the benefit of the legal advice and guidance Sevens Legal Criminal Lawyers, can provide. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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California Restraining Order Violationshttps://www.sevenslegal.com/criminal-attorney/california-restraining-order-violations/136/Wed, 04 Mar 2015 16:00:41 +0000https://www.sevenslegal.com/criminal-attorney/california-restraining-order-violations/136/To prove conviction for restraining order violation it must prove a judge issued it, the defendant knew it, and the defendant intentionally violated it.Restraining Order Violations and Contempt of Court

When a civil court order, such as restraining orders, are violated, this is considered “Contempt of Court.” A violation such as this happens if you intentionally ignore a legal restraining order, also known as a “protective order,” issued by a judge. Under California Penal Code Section 273.6, contempt violations are considered a criminal act, punishable by fines and/or imprisonment.

In order to prove a conviction for violation of a restraining order under Penal Code 273.6, a prosecutor must prove: (1) a judge issued a legal protective order; (2) the defendant was aware of the legal protective order; and (3) the defendant knew they were intentionally violating the legal protective order.

California Restraining Order Violation Penalties

Even though protective order violations are usually considered misdemeanors, the penalties under Penal Code 273.6 can be up to a year in county jail and a fine of as much as $1,000. If convicted of violating a protective order a second time, it can either be charged as a misdemeanor or felony, which  includes anywhere from probation and as much as one year in jail, to three years in a state prison and maximum fine as much as $10,000. If the second conviction is within one year of the first, the penalties and fines are greater. If the violation of a protective order results in personal bodily injury, there is also a statutory minimum requirement of 30 days in jail.

California Restraining Order Violation Defenses

Legal defenses that can be used if you are charged with violating a protective restraining order include the following:

1. Lack of Intent: If a person is unaware that a protective order has been issued, and therefore violates it, they cannot be convicted of a violation. An example is if you accidentally have a chance encounter with somebody in a public place or at a social function who has had a protective restraining order issued against you.

2. Lack of Knowledge: To be convicted of a restraining order violation, the court must prove you had knowledge of the protective order. If you are unaware that a protective order has been issued, you cannot be convicted for violating it.

3. False Accusation: A person who has been issued a protected order may falsely accuse you of attempting  to contact them in violation of the order. They may also try to arrange a meeting with you in order to make you violate a restraining order. These are some ways a protected person can try to falsely accuse you of violating their protective restraining order.

If you have been accused of violating a protective restraining order, you need the expert legal assistance of Sevens Legal Criminal Lawyers. Schedule a consultation today!

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Public Urination Not a Crime in Californiahttps://www.sevenslegal.com/criminal-attorney/public-urination-crime-california/289/Tue, 03 Mar 2015 16:00:44 +0000https://www.sevenslegal.com/criminal-attorney/public-urination-crime-california/289/Public urination is not generally considered a crime. But if you've been charged with public urination you need to take it seriouslyAlthough public urination is disgusting, it’s not generally considered a crime. However, if you’ve been charged with public urination or any crime related to it you need to take it seriously.

People arrested for public urination also may be involved with other disruptive behavior that may involve alcohol resulting in attracting the attention of police. In California you can be arrested for under both state as well as local laws for public urination.

Public Urination Considered Disorderly Conduct

Public urination in California has a rather short legal history. A California court in 2006 ruled that public urination could be considered a public nuisance.

Laws Relating to Public Urination

While no state statutes specifically prohibit public urination, California Penal Code Section 640 states that urinating in a public transportation vehicle is prohibited unless it’s a “result of a disability, age, or a medical condition.” Under California Penal Code Section 647 public urination may be considered to be disorderly conduct. Under California Penal Code Sections 370 and 372 it may be considered creating a public nuisance. Under California Penal Code Section 314 people may also be charged with indecent exposure, a misdemeanor for “lewd” behavior.

Los Angeles County Code Section 11.16.050 classifies public urination as a misdemeanor offense punishable with a $1,000 fine and/or six months in jail, although jail time is unlikely.

Public Urination is a Wobbler

Public urination is considered a wobbler, which means the prosecutor has the option to file it as a misdemeanor or an infraction. If its filed as an infraction it only involves a trial by a judge. If its filed as a misdemeanor you have the option to have a jury trial. If you believe there’s a better chance of dismissal with a jury you can request to have this charged as a misdemeanor.

If you have been arrested and charged with public urination, you need the expert advise of a criminal defense attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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California Trespassing Chargeshttps://www.sevenslegal.com/criminal-attorney/california-trespassing-charges/287/Mon, 02 Mar 2015 16:00:30 +0000https://www.sevenslegal.com/criminal-attorney/california-trespassing-charges/287/The trespassing laws in California cover many situations ranging from the ordinary to highly unusual, some of which are difficult to figure out.The trespassing laws in California cover many situations ranging from the ordinary to highly unusual, some of which are difficult to figure out.

Trespassing often means walking into any area that has posted a “No Trespassing” sign. However, trespassing also includes an individual being on vacant property or in a vacant building whether it’s posted or not. claiming that you didn’t realize you were trespassing isn’t a defense.

Definition of Trespassing

Trespassing under California Penal Code Section 602, is defined as the willful entering of another person’s property with the specific intent to interfere with the person’s property rights. “Willful” is defined as deliberately or on purpose. “Specific intent” means the person intended not only to do something but to do something that will cause consequences to the act. An example is loitering in a person’s business with the consequence of interfering with the business or the location of the business.

When Entry Becomes Trespassing

Even if another person gives you the right to enter their land, property, or building, the minute you commit a wrong act after entering it becomes trespassing. For example, a mail person has the right and privilege to walk on the sidewalk of a private home, but he’s not entitled to enter the house. This is to prevent breaches of the peace in order to protect the quiet possession of real property.

A store owner may consider that you’re trespassing if you enter their business, loiter for awhile, and then leave without purchasing anything. If a homeless person takes up residence in an abandoned house or building for days or weeks without permission, local governments usually consider this trespassing.

Any unlawful entry onto somebody else’s property is trespassing, even if no harm has been done.

Proving Trespassing

To prove trespassing, the plaintiff just needs to show the defendant intended to do something wrong as a result of the trespass. The person trespassing can’t use the excuse that they didn’t believe they had done something wrong or that they didn’t understand what they did was wrong.

If you have been accused of trespassing you need the expert experience of a criminal defense attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Charges for Luring a Minorhttps://www.sevenslegal.com/criminal-attorney/charges-luring-minor/282/Fri, 27 Feb 2015 16:00:04 +0000https://www.sevenslegal.com/criminal-attorney/charges-luring-minor/282/Luring a minor is a criminal offense committed by an adult, 21 or older, who tries to lure a minor, under 18, away from their home.Children who have unsupervised access to the Internet can easily become victims of predators who try to lure them with messages and images into meeting them. It’s a crime in California to send harmful and inappropriate materials to minors in an effort to seduce them.

Definition of Luring a Minor

Luring a minor is a criminal offense committed by an adult, 21 or older, who tries to lure a minor, under 18, away from their home. Since luring a minor by an adult is usually for the purpose of sexual activities this is considered a sex crime.

California Penal Code Section 288.2 and Luring a Minor

California Penal Code Section 288.2, “Harmful Material and Intent to Seduce a Child,” makes it illegal for a person to try and seduce a child, or somebody they believe to be a child, in order to engage them in sexual conduct by giving or sending them “harmful material,” such as pornography, to arouse sexual feelings in either the child or the perpetrator.

This Penal Code applies whether a meeting or sexual activity actually took place. It also applies to materials either given or sent to a child either using electronic means, like the Internet, or in person

Luring a Minor is “Child Enticement”

Luring a minor used to be called “child enticement” and is still used for various offenses such as prostitution, child pornography, and kidnapping. is an older term often used in context with various offenses like child pornography, prostitution, and kidnapping. This “umbrella term” also includes distributing harmful materials to children in an attempt to lure them.

Methods of Luring a Minor

First contact is often made over the Internet, after which the adult will send indecent and/or obscene pictures and other materials to try and persuade or coerce the child, or somebody posing as a child, to leave their home. Then they will usually arrange a meeting at a distant location.

Adults such as this are motivated purely by their desire to lure a minor away from their home and family to engage them in illicit and illegal activities such as child pornography, prostitution, of underage sex.

Defenses to Distribution of Harmful Material

There are two defenses to a charge that you distributed harmful material to a minor:

  1. First, if a parent or guardian distributed the material to promote legitimate sex education they are not guilty of this offense.
  2. Second, if the defendant was engaging in legitimate educational or scientific activities they are not guilty of this crime.

To prove the charge of luring a minor the prosecution must prove, beyond a reasonable doubt, that the defendant was not trying to promote legitimate sex education or other legitimate educational or scientific purpose.

If you have been arrested and accused of luring a minor or distributing harmful material with the intent to seduce a child, you need the expert advice and guidance of a criminal defense attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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The Difference Between Murder and Manslaughterhttps://www.sevenslegal.com/criminal-attorney/difference-murder-manslaughter/281/Thu, 26 Feb 2015 16:00:17 +0000https://www.sevenslegal.com/criminal-attorney/difference-murder-manslaughter/281/'Homicide' is the term used when one person kills another person. Homicides fall into two different distinctions - manslaughter and murder.“Homicide” is the term used when one person kills another person. Homicides fall into two different distinctions - manslaughter and murder.

Differences Between Manslaughter and Murder


When dealing with the difference between “manslaughter” and “murder” it depends on the state of mind of the killer as well as the various degrees relating to murder.

Definition of Murder

In California murder is defined as killing somebody with “malice aforethought,” which is malice. The two types of malice is “express malice” and “implied malice.” Express malice is when a person intended to kill another person or persons. Implied malice is when a person intentionally commits an act they knew was dangerous to other people and human life resulting in death. In other words, the murder was committed with a conscious disregard for human life.

If a crime involves expressed or implied malice its defined as “murder.” Murder is further classified into first degree and second degree. First degree murder is one that is willfully and deliberately committed with premeditation, meaning the person willfully decided to kill the other person. A second degree murder is when a person intentionally meant to kill another person but it was not planned or premeditated, such as in a “heat of passion” or the killing was the result of a person’s dangerous conduct involving a conscious disregard for human life.

Definition of Manslaughter

Manslaughter is also the unlawful killing of another person or persons, but without any malice but still involves a “conscious disregard for human life.” Manslaughter can be voluntary or involuntary. Voluntary manslaughter is when the act of murder is committed in either the heat of passion or in the defense of yourself or others. Involuntary manslaughter is when a killing is unintentional and the result of recklessness or criminal negligence, such as an unlawful misdemeanor act or low-level felony such as a DUI.

A “heat of passion” is defined as a killing resulting from a person being provoked, a rash act from intense emotion from being provoked, or the person was provoke in such a way that an average person would normally act rashly.

Basically, a jury must decide the person was provoked to the point where he was acting under intense emotion instead of pre-meditated anger.

If you have been arrested and accused of murder or manslaughter you need the expert advice of a criminal defense attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Extradition Law in Californiahttps://www.sevenslegal.com/criminal-attorney/extradition-law-california/280/Wed, 25 Feb 2015 16:00:56 +0000https://www.sevenslegal.com/criminal-attorney/extradition-law-california/280/The process of extradition occurs when a state orders the return of a fugitive who has crossed state lines in an effort to escape criminal charges.The process of extradition occurs when a state orders the return of a fugitive who has crossed state lines in an effort to escape criminal charges, to avoid serving their sentence, or to seek asylum.

California’s “Uniform Criminal Extradition Act”

The extradition law in California is covered under Penal Code Section 50.34. In addition to this law, California is signatory to the “Uniform Criminal Extradition Act” whose guidelines for extradition many states have adopted. These two laws require that a person who has been arrested in another state be returned to face their criminal charges in California. The Extradition Clause of the U.S. Constitution covers state-to-state extradition.

Two Types of Extradition

Authorities may issue an extradition warrant, also known as “Governor’s Warrant,” under both the “Uniform Criminal Extradition Act” and the California Penal Code Section 50.34, in order for the fugitive to be arrested. There are two different types for extradition covering fugitives seeking asylum in another state.

1. The person is arrested in California for crime(s) occurring in another state. When this occurs, the person is arrested in California and is held until the extradition warrant from the other state is issued. The state that issues the extradition warrant is referred to as the “demanding” or “wanting” state, and it’s possible the wanted criminal, or fugitive, is not aware they’ve been accused in another state of committing a crime. If they are aware, they may have intentionally fled to California from the wanting state in order to seek asylum.

2. The person is arrested in another state and California issues an extradition warrant for them for a crime they’ve committed in California. The wanted person, or fugitive, may have jumped bail for a crime they committed, or are wanted for an offense, in California. They may have fled to the other state seeking asylum. In this type, California is the “home” or “demanding” state. As above, the wanted individual may or may not be aware they are wanted in California for a crime they committed.

Before an extradition warrant can be issued certain legal proceedings must occur to protect the wanted accused criminal as well as to make sure the extradition is valid.

Extradition Waiver

First the court must decide if the person in custody is truly the person wanted in the extradition warrant. Depending on the circumstances of the case, an extradition waiver, called a “dismissal,” may apply at any point during the extradition proceedings. During this process the person remains in custody, and the process may take several weeks.

There are a number of different defenses that can be used to obtain an extradition waiver by a skilled criminal defense attorney, which includes:

- The documents the prosecutor filed lack validity

- The required “proof of identity” procedures for the extradition warrant is vague or incorrect

Once the extradition warrant is determined to be valid, the individual detained is then required to be return to the wanting state where they will face criminal charges.

If an extradition warrant has been issued for you, you need the expert skill of a criminal defense attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Counterfeit Merchandise is a Federal Offensehttps://www.sevenslegal.com/criminal-attorney/counterfeit-merchandise-federal-offense/277/Tue, 24 Feb 2015 16:00:01 +0000https://www.sevenslegal.com/criminal-attorney/counterfeit-merchandise-federal-offense/277/People covet the stuff of dreams. Enterprising entrepreneurs rush to fulfill the dreams with counterfeit merchandise, indistinguishable from the originals.People covet the stuff of dreams every day. Stuff like designer handbags, watches, shoes, and clothes with high priced name tags on them. Enterprising entrepreneurs worldwide anxiously rush to fulfill those dreams with counterfeit merchandise, almost indistinguishable by the untrained eye from the originals.

While you might think it’s harmless to buy a fake Gucci purse for your favorite girlfriend or wife, or grab that great $150 deal for a fake Rolex watch to impress your friends and co-workers, counterfeit merchandise sold by a large network of criminals competing in the marketplace with the real thing is a federal offense.

Definition of Counterfeit Merchandise

Counterfeit merchandise involves manufacturing goods, usually inferior to the original, and selling them using the brand name without the owner’s permission to defraud and deceive. Generally they are sold under an identical trademark that’s indistinguishable from the true brand owner’s trademark, and without either the approval or oversight of the owner.

Many popular brands in various industries have been, and currently are, victims of merchandise counterfeiting. Counterfeit merchandise involves using a similar yet confusing trademark or service mark associated with similar services or products. Most counterfeit merchandise is manufactured in developing countries that can inexpensively produce them, such as China, Taiwan, and other Asian countries. Counterfeit merchandise is not manufactured as much in developed countries.

The Federal Offense of Counterfeit Merchandise

The selling of counterfeit merchandise goods and/or services is a federal offense, and the laws apply to both the counterfeiter and the company or individual who knowingly sells any counterfeit merchandise, product, or service.

Trademark Counterfeiting Act of 1984

The Trademark Counterfeiting Act of 1984, 18 U.S. Code Section 2320, imposes substantial monetary fines as well as prison time for companies and individuals who violate it.

The generic term describing all forms of illicit trade is “trafficking in illicit goods,” and includes piracy (copyright infringements), counterfeiting (trademark infringements), smuggling of legitimate products, and tax evasion.

Although most people think of fake merchandise when talking about counterfeit merchandise, this also involves selling the real thing on the black market in an effort to avoid paying taxes. These counterfeit merchandise criminals avoid normal regulatory controls and peddle merchandise that is often dangerous without regard for the health or safety of consumers who purchase their illicit goods and services, as well as the damage and risks it poses to society and the global economy.

Penalties for Counterfeit Merchandise

Under federal law, any individual who knowingly distributes, wholesales, or sells counterfeit merchandise faces substantial penalties:

  • Imprisonment for the first offense up to 10 years and up to 20 years for repeat offenders. If an offender knowingly or recklessly causes death due to the unlawful sale of goods or merchandise they can face life inprisonment.
  • Fines up to $15.0 million for corporations and $5.0 million for individuals who are repeat offenders.
  • Seizure and destruction of counterfeit merchandise the wholesaler or distributor has in their possession.
  • Civil lawsuits brought by the owner of the trademark under federal trademark law to recovery damages, profit loses, attorneys’ fees, and other injunctive relief.

If you have been charged with trafficking in illicit goods (i.e., counterfeit merchandise), you need the expert advice of a criminal defense attorney knowledgeable with federal crimes such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Damaging Electrical or Phone Lines is a Criminal Offensehttps://www.sevenslegal.com/criminal-attorney/damaging-electrical-phone-lines-criminal-offense/275/Mon, 23 Feb 2015 16:00:02 +0000https://www.sevenslegal.com/criminal-attorney/damaging-electrical-phone-lines-criminal-offense/275/In California damaging electrical or phone lines belonging to somebody else is a serious crime frequently associated with domestic disputes.In California damaging electrical or phone lines belonging to somebody else is a serious crime. Frequently the crime of damaging cable, phone, or TV lines are associated with domestic disputes. Although this crime is considered a misdemeanor, certain circumstances make it a felony.

Penal Code for Damaging Electrical or Phone Lines

Under California Penal Code Section 591 PC, “a person who unlawfully and maliciously takes down, removes, injures, or obstructs any line of telegraph, telephone, or cable television, or any other line used to conduct electricity, or any part thereof, or appurtenances or apparatus connected therewith, or severs any wire thereof, or makes any unauthorized connection with any line, other than a telegraph, telephone, or cable television line, used to conduct electricity, or any part thereof, or appurtenances or apparatus connected therewith, is punishable by imprisonment in the state prison, or by a fine not exceeding five hundred dollars ($500), or imprisonment in the county jail not exceeding one year.”

Cases of Damaging Electrical or Phone Lines

One domestic violence case involved an angry person who deliberated cut their estranged spouse’s phone line then forcefully gained access to the home and committed other acts of domestic violence.

A less violent case involved a man removing the battery from his former wife’s cordless phone during an argument. He was found guilty under California Penal Code Section 591 PC.

Both cases involved phone lines being disabled, leaving their alleged victims unable to call to get help.

Other acts involving damaging electrical or phone lines are instances of damage committed in the effort to unlawfully acquire electricity or trying to steal somebody’s else’s cable television services.

To Prove Guilt in Damaging Electrical or Phone Lines

In order to prove a defendant’s guilt, a prosecutor must establish the following:

  1. The defendant:
    • Unlawfully damaged, obstructed, took down, or removed, cable, telephone, electrical or mechanical equipment that was connected to the line.
    • Unlawfully severed cable, electrical, or telephone lines
    • OR Unlawfully connected to a line used to conduct electricity of used mechanical equipment to connect to it without authorization
  2. AND the defendant’s intent was malicious

A telephone is an example of mechanical equipment. A malicious act is when somebody intentionally does something with the unlawful intent to injure or annoy another person.

Penalties for Damaging Electrical or Phone Lines

Damaging electrical or phone lines or equipment is considered a “wobbler,” which means it can either be charged as a misdemeanor or felony. When deciding which, the prosecutor will review factors such as any criminal history, the extent of damage, and the reason for the defendant’s actions.

If the decision is to file it as a misdemeanor, a defendant may be sentenced up to a year in jail plus fines and restitution. If filed as a felony, the sentence may be up to a three years in prison.

Damaging electrical or phone lines that people rely on for functioning phones in order to remain connected to emergency response services is a serious crime that could result in death.

If you have been arrested and are facing criminal charges for damaging electrical or phone lines or equipment, you need the expert legal advice of a criminal defense attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Meaning of "Indictment"https://www.sevenslegal.com/criminal-attorney/meaning-indictment/274/Fri, 20 Feb 2015 16:00:17 +0000https://www.sevenslegal.com/criminal-attorney/meaning-indictment/274/You hear the word 'indictment' in the news and on shows about attorneys, but what does it mean, especially for a person who has been indicted?You hear the word “indictment” in the news and on shows about attorneys, but what does it mean, especially for a person who has been indicted?

Definition of “Indictment”

An indictment is when a person is formally accused and charged with committing a crime.

While there are other ways a person can be accused of committing a crime, an indictment is used in the United States to formally accuse a person, especially in cases of federal crimes. The Fifth Amendment of the U.S. Constitution states that a person can only be charged with a capital, or other infamous crime, by being indicted by a grand jury. Because this amendment does not extend to state courts, it’s isn’t used as often in the state court system.

What Happens When You’re Indicted?

Usually when a grand jury hands down an indictment the defendant is then arraigned. When a defendant is arraigned, the first step in a trial, an initial plea of guilty, not guilty, or no contest, is made in court. Unlike the actual trial, it’s used to enter the plea, decide if the defendant needs or already has representation, and if necessary sets their bail. After a defendant is arraigned they go to trial with either a jury or a judge.

If you have been indicted for a crime, you need the expert assistance of a criminal defense attorney such as Sevens Legal Criminal Lawyers, to assist in the court process and all legal proceedings related to your case. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Definition of a Theft Crimehttps://www.sevenslegal.com/criminal-attorney/definition-theft-crime/273/Thu, 19 Feb 2015 16:00:30 +0000https://www.sevenslegal.com/criminal-attorney/definition-theft-crime/273/If you have been arrested and charged with a theft crime, you might be interested to know exactly what this charge means.If you have been arrested and charged with a theft crime, you might be interested to know exactly what this charge means.

Definition of a Theft Crime

A theft crime is a criminal act and is defined as taking the personal property or money of another without their permission. A theft crime can either be charged as a misdemeanor or felony.

Misdemeanor Known as a “Petty” Theft Crime

A misdemeanor theft crime is also known as “petty theft.” A petty theft is when the property or money taken is $400 or less. The punishment for a petty theft crime can include jail time of as much as six months, community service, counseling, significant fines, restitution to the victim or repayment to law enforcement for the cost of the investigation, and/or probation.

The offense of petty theft may also be used to change any future petty theft crimes as a felony, which is called “petty theft with a prior.”

Felony Known as a “Grand” Theft Crime

A felony theft crime is also known as “grand theft.” A grand theft is when the property or money taken is over $400. Punishment for grand theft includes prison time, restitution to the victim and the law enforcement agency, reimbursement for supervision costs, counseling, high court fines, and/or probation or parole.

Examples of Theft Crimes

Some common theft crimes include:

  • Shoplifting
  • Carjacking
  • Burglary
  • Robbery
  • Armed Robbery
  • Armed Robbery with a weapon
  • Vehicular Theft
  • Embezzlement
  • Larceny
  • Money Laundering
  • Credit Card Fraud
  • Identity Theft

If you have been arrested and charged with a misdemeanor or felony theft crime, you need the expert assistance and guidance of a theft crime attorney such as Sevens Legal Criminal Lawyers, to help get your case dismissed or the charges reduced. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Steps Involved in a DUI Investigationhttps://www.sevenslegal.com/criminal-attorney/steps-involved-dui-investigation/272/Wed, 18 Feb 2015 16:00:34 +0000https://www.sevenslegal.com/criminal-attorney/steps-involved-dui-investigation/272/When a driver is pull over and is suspected of DUI, their first thoughts might be on the officer's question, 'Have you had anything to drink today?'When a driver is pull over and is suspected of driving under the influence (“DUI”), their first thoughts might be on the officer’s question, “Have you had anything to drink today?”

The First Step in a DUI Investigation is Being Pulled Over

You cannot be forced to answer this or any other incriminating questions. The best response to any questions is would be that you would rather speak to a DUI attorney before answering. Since a blood alcohol content of 0.08 or under is not considered driving under the influence, mentioning you had one beer would explain any alcohol smell on your breath without incriminating you.

The Second Step in a DUI Investigation is Field Sobriety Tests

Field sobriety tests (“FST”) are the second step when investigating a possible DUI. Although you don’t have the right to consult your attorney prior to deciding whether you want to submit to field sobriety tests, you do have the right to politely decline them.

Legally you are not required to submit to these tests, which is often a wise decision. An officer may have a subjective view regarding these tests and decide you have failed them even if the results are not conclusive. However, the test results can be used in court to help convict you for DUI. If the officer truly suspects you were intoxicated, chances are high that he will not walk away and let you go.

The Third Step in a DUI Investigation is a Preliminary Alcohol Screening

A Preliminary Alcohol Screening test (“PAS”), is the breath test, often used as a pre-arrest chemical test but also used after being arrested as well. It is the most common test an officer will use to determine if a driver is driving under the influence. Before being arrested you may refuse this test. If you think your blood alcohol level is high, taking a breath test gives you the possibility of challenging the results later.

The Fourth Step in a DUI Investigation is Arrest

In you are lawfully arrested for a possible DUI, you are required to submit to chemical testing by the officer to determine your blood alcohol content under California’s “Implied Consent Law.”

After being arrested, you may be given the choice of submitting to blood or breath tests. Breath test results may be unreliable since they don’t actually test the blood alcohol concentration (“BAC”), only a blood test can determine this. Because of this, breath tests can only indirectly estimate your BAC.

Since blood tests are the most accurate, if you think your blood alcohol level is below the 0.08 legal limit, you should choose it instead of a breath test. Blood samples have specific rules by which they must be preserved so they can later be available for independent testing by your attorney or for later analysis.

While you can’t be forced to submit to chemical tests, if you refuse your California Driver’s License will be suspended by the Department of Motor Vehicles for one year, whether you are convicted of the suspected DUI or not. To contest this suspension you must request a hearing within ten days after the date you were arrested.

If you have been arrested for a DUI, you need the expert advice and representation of a DUI attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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California "Certificate of Rehabilitation"https://www.sevenslegal.com/criminal-attorney/california-certificate-rehabilitation/268/Tue, 17 Feb 2015 16:00:50 +0000https://www.sevenslegal.com/criminal-attorney/california-certificate-rehabilitation/268/One way for some people to clear their criminal records is a court order called a California Certificate of Rehabilitation.There are many Californians who can’t get a job or move on with their lives due to damaged reputations because they’ve served time for their criminal mistakes. One way for some people to clear their record is a court order called a California Certificate of Rehabilitation. Although the individual’s criminal record isn’t erased, the Certificate states their criminal history is in the past. This Certificate of Rehabilitation lets the rest of society know the individual has satisfactorily served their time and has become a “rehabilitated” and upstanding member of their community.

Definition of “Certificate of Rehabilitation”

The California Certificate of Rehabilitation is a court ordered document stating that you have served your time for any past criminal activities. It can help you with employment opportunities as well as obtaining professional licenses. If you have been convicted and served time for sexual crimes, in some instances it also removes the requirement of registering as a sex offender.

Who Can Obtain a “Certificate of Rehabilitation”?

California Penal Code sections 4852.01 - 4852.21 determine who can obtain a Certificate of Rehabilitation and how they are issued.

To obtain a Certificate of Rehabilitation an individual or their attorney must file a petition with the California Superior Court. Eligibility requirements include a “satisfactory period of rehabilitation” consisting of a specific length of time during which you have not participated in any criminal activity. This period consists of five years as a California resident immediately prior to filing your petition plus two to five years determined by the specific crime you were convicted of. Consulting a qualified criminal attorney will let you know if you have met the required “period of rehabilitation” as well as help you file the necessary petition and required application forms, character letters, and other related documents.

Hearing to Obtain a “Certificate of Rehabilitation”

After receiving the petition, a hearing date will be set by the court. Before the hearing you should try and meet with the agency that originally prosecuted you in order to get their support. It takes an average of 120 days from the time the petition is file to the hearing date. This varies depending on the county you live in.

At your hearing, you must present favorable evidence in order to convince the judge you should receive a Certificate of Rehabilitation. Rarely will the judge not require you to personally attend this hearing.

“Certificate of Rehabilitation” Not an Order to Seal and Destroy Arrest Records

Different from the motion to seal and destroy your arrest records, a Certificate of Rehabilitation applies to criminal convictions as well as arrests. While this Certificate won’t erase the past, it can help restore some civil rights that you lost when you were convicted. Once your Certificate of Rehabilitation has been granted, there’s an automatic application filed for a Governor’s Pardon, the ultimate Certificate of Rehabilitation.

If you want to pursue a Certificate of Rehabilitation you need the expertise of a criminal defense attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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What Are Pre-File Investigations?https://www.sevenslegal.com/criminal-attorney/pre-file-investigations/266/Mon, 16 Feb 2015 16:00:25 +0000https://www.sevenslegal.com/criminal-attorney/pre-file-investigations/266/When the police are investigating an individual because they suspect them of a crime, but formal charges have not been filed, it is pre-file investigations.When the police are actively investigating an individual because they suspect them of a crime, but formal charges have not been filed, it is referred to as pre-file investigations. A strong indication that charges may be coming, and you are under investigation, may include law enforcement agencies trying to contact you, your friends, family, or employer to ask them questions. In many cases a search warrant could already be issued.

Protect Yourself in Pre-File Investigations

To protect your rights and prevent further invasive inquiries, it’s critical to hire a criminal defense attorney as soon as you learn of the investigation.

Pre-File Investigations Defense

Crimes, such as white collar crimes, usually require long and extensive investigations. Even though pre-file investigations usually require considerable amounts of time, it is best to hire a pre-filing criminal defense attorney immediately in order to prepare an effective pre-filing defense. Many times a good defense of this type of defense prevents charges being filed against you, or having a felony charge reduced to a misdemeanor.

Protect Your Rights in Pre-File Investigations

During this type of investigation, authorities may try to pressure you into telling your side of the story, thus revealing damaging information that can be used against you. During pre-file investigations, it’s critically important to always invoke your Fifth Amendment rights to remain silent. Remember that you are not required to talk to anybody or do anything, especially if it jeopardizes the pending case against you.

A Defense Attorney Can Protect Your Rights

Hiring a defense attorney before any charges are file against you can help your avoid a court trial as well as avoiding jail. Your attorney can meet with investigators and/or prosecutors to not only protect your interests but to discuss any facts in the case. Knowing the facts or being aware of the defense your attorney will use may persuade them to drop any charges before any are filed.

Delay of Filed Charges

It quite common in for law enforcement agencies to execute search warrants for businesses and residences before filing charges or making an arrest immediately. Never assume that they don’t have a solid case just because criminal charges aren’t filed. Many times there are a number of reasons charges aren’t filed immediately. In many cases the statute of limitations may have ended, although some crimes have no statute of limitations. If there isn’t a need to file charges immediately, the police can take time in their investigation before they’re ready to file.

If there are pre-filing investigations against you for a possible crime, it’s imperative that you procure a criminal defense attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Changes in Fines for Some Crimes After Prop 47https://www.sevenslegal.com/criminal-attorney/fines-crimes-prop-47/265/Fri, 13 Feb 2015 16:00:46 +0000https://www.sevenslegal.com/criminal-attorney/fines-crimes-prop-47/265/When Proposition 47 ('Prop 47') was passed in California, many crimes that were felonies but had related amounts of $950 or less then became misdemeanors.When Proposition 47 ("Prop 47") was passed in California, numerous crimes that were felonies but had related amounts of $950 or less then became misdemeanors. Government officials are concerned that repercussions to relatively small offenses such as forgery, theft, shoplifting, and vandalism now carry few repercussions for the offending party.

Recently Lancaster Vice Mayor Marvin Crist stated, “You could walk into a Walmart, put three 33-inch TVs in, and walk out and nothing be done. The sheriff’s department is helpless under Proposition 47. We want to put some teeth into it.”

Lancaster Puts “Teeth” in Prop 47

The City of Lancaster has put some “teeth” in Prop 47 by levying administrative fines using a city ordinance they’re considering for certain offenses in order to decrease crimes affected by provisions in Prop 47. These give sheriff’s deputies the authorization to issue administrative citations that would include a $500 fine for first offenses such as forgery, theft, shoplifting, vandalism, and certain drug offenses. Fines for second and further offenses would be increased to $1,000.

Opposition of Proposed Prop 47 Lancaster Ordinance

Michelle Egberts of AV-East Kern Second Chance is one of the critics opposing Lancaster’s proposed ordinance. Michelle Egberts sponsors an “Expungement Workshop” which seeks to help former offenders get back into society under California Penal Code section 1170.18, which was created by Prop 47. Under this Penal Code Section offenders who are currently serving felony sentences for some crimes can petition their sentencing court to reduce their sentences from a felony to a misdemeanor. Egberts asserts that the City of Lancaster is tampering with the proposition that was passed statewide by California voters.

Michelle Egbert asserts, “We will seek legal avenues towards suing the city, if adopted. Prop. 47 was not written for the cities to adopt ordinances like this to have administrative fines be given out.”

If you have questions or concerns relating to Prop 47 that affects reducing your sentence from a felony to a misdemeanor, you need the expert advice of a criminal defense attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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How Bail Workshttps://www.sevenslegal.com/criminal-attorney/bail-works/264/Thu, 12 Feb 2015 16:00:19 +0000https://www.sevenslegal.com/criminal-attorney/bail-works/264/To ensure a defendant shows up in court and obeys any conditions related to their release before their trial date, the court sets a bail amount.To ensure a defendant shows up in court and obeys any conditions related to their release before their trial date, the court sets a bail amount. Once the court case has concluded, whether the decision was guilty or innocent, the bail isn’t needed anymore and the court releases it.

Definition of Bail

The court may set a bail amount to ensure the defendant appears in court for their trial. Paying it permits the person to remain out of jail during the trial process.

When arrested and charged with a crime, they don’t immediately go to trial. Depending on how serious the allegations are, any prior record, and whether they are a flight risk, a bail amount is determined to make sure the defendant appears in court for their trial. If bail is not able to be paid, the defendant remains in custody until their trial is concluded. The bail is exonerated, or released, by the court when the trial is over, irregardless of the verdict.

How Bail is Returned

After the defendant posts the amount for bail amount and shows up for the duration of their court trial, the full amount of bail is returned to them, whether they were found guilty or innocent.

Bail Forfeited if Court Date is Missed

If bail is posted by the defendant, but then they fail to appear in court for their trial, they forfeit the bail and its kept by the court. If the defendant later returns to court, their attorney can request the court to reinstate the bail. Depending on the reason as to why the defendant missed their court date, the bail may or may not be reinstated.

If you have been arrested and charged with a crime, you need the assistance of a criminal defense attorney such as Sevens Legal Criminal Lawyers, to assist you in obtaining bail. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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What Happens at an Arraignment?https://www.sevenslegal.com/criminal-attorney/arraignment/263/Wed, 11 Feb 2015 16:00:11 +0000https://www.sevenslegal.com/criminal-attorney/arraignment/263/You have a date for your arraignment, but what is it? Here is some information about what it is and what to expect.You have a date for your arraignment, but what is it? Here is some information about what it is and what to expect.

Definition of an Arraignment

If you have been charged with a crime, the first step in the criminal procedure is an arraignment, which is before a judge in a courtroom. The procedure involves reading you the crime you’ve been charged with and entering your initial plea of guilty, not guilty, or no contest.

Rules of an Arraignment

An arraignment is required under the Sixth Amendment of the US Constitution in order to protect you from being held for an extended period of time in custody while not telling you what you’re being charged with. There is usually a 72 hour period after being arrested that an arraignment must occur. If it doesn’t happen during this time period, you can argue that your constitutional rights to a speedy trial has been violated.

Factors Affecting Arraignments

There are many factors involved in the rules for an arraignment. Two main factors is whether the crime you’re being charged with is federal or state, and whether it’s a felony or misdemeanor. Arraignment rules vary from state to state, but if you have to spend time in jail, you’ll be arraigned.

Arraignment Steps

There are multiple steps to an arraignment:

  • You must appear in court. Once there, you will be advised of your rights to have an attorney represent you. If you can’t afford one, a public defender will be assigned to your case. After counsel has been selected, the charges will be read.
  • You will be expected to enter a plea of guilty, not guilty, or no contest. No contest is not admitting that you’re guilty, but that you are not contesting the charges.
  • Affected parties can waive an arraignment and just enter a plea. This may occur if a deal has been worked out by you, your attorney, and the prosecutor.

Additional Tasks for Arraignments

Other tasks during an arraignment include setting bail and other factors relating to your release. The judge may also set future dates for other proceedings such as a pre-trial conference or the actual trial.

If you have been charged with a crime and are facing an arraignment, you need the expert advice of a criminal defense attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Prop 47 and Possession of a Stolen Firearmhttps://www.sevenslegal.com/criminal-attorney/prop-47-possession-stolen-firearm/262/Tue, 10 Feb 2015 16:00:00 +0000https://www.sevenslegal.com/criminal-attorney/prop-47-possession-stolen-firearm/262/Under Prop 47, stealing a firearm costing $950 or less has been changed from felony to misdemeanor. In some instances, this means shorter prison sentences.In November, 2014, California voters approved Proposition 47 ("Prop 47"), referred to as the “Safe Neighborhood and Schools Act.” With the passage of Prop 47, existing sentences laws were changed and reclassified for a wide range of felony and misdemeanor crimes.

Shorter Sentences Under Prop 47

Under Prop 47, stealing a firearm costing $950 or less has been changed from a felony to a misdemeanor. In certain instances, this means shorter prison sentences. The previous sentence for stealing such a firearm was three years or less in prison, but now it has been reduced to a maximum of only 12 months.

Sentence Reduction Under Prop 47

This reduction in sentence only applies to persons who have not been previously convicted of a felony or been found guilty of certain types of misdemeanors. Under Prop 47, a felony conviction for gun-related crimes using a stolen firearm is still a felony. Persons convicted of felony crimes in California are prohibited from having in their possession a firearm in any manner.

While persons previously convicted of a felony can petition for a reduction in their charge and sentence to get their gun rights restored, an exception under Prop 47 relates to “felon in possession of a firearm” charges. Under this, Prop 47 does not restore the individual’s right to possess, use, or own a firearm. Also, certain misdemeanor crimes under Prop 47 makes it a crime for the person to possess a firearm.

Arrests for Stolen Firearms Under Prop 47

Under Prop 47, anybody possessing a stolen firearm worth $950 or less who has been apprehended by police must be charged with a misdemeanor. If no others crimes were committed, no arrest can be made. All the police can do is issue a ticket and summons to appear in court.

For advice on reduction in sentences and charges under Prop 47 you need the expert advice of a criminal defense attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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The Court Process for Thefthttps://www.sevenslegal.com/criminal-attorney/court-process-theft/261/Mon, 09 Feb 2015 16:00:48 +0000https://www.sevenslegal.com/criminal-attorney/court-process-theft/261/There are certain things you need to be aware of if you have been arrested and accused of theft and have to appear in court.There are certain things you need to be aware of if you have been arrested and accused of theft and have to appear in court.

Whenever somebody is accused of a crime, whether its fraud or theft, they have to go through a legal process involving court. The process involves various outcomes which can result in a court trial to determine whether you are guilty or innocent. Before a trial occurs, if it occurs, certain steps must be gone through.

General Process for Theft

Following is a general process courts follow, although some courts may have different names for the steps. Unless your criminal attorney advises you otherwise, you should be present for all these steps.

1. Arraignment. An arraignment is when you formally appear before a judge and told the charges filed against you. During the arraignment you’re asked to enter your plea of guilty, not guilty, or no centest. You can change your plea later.

During the arraignment, the judge outlines any conditions you have to follow to avoid being taken into custody. In order to avoid being taken to jail, you may be required to post a bail or bond until your case is resolved. You have the option to object to any of the conditions the judge sets forth. Its best to have the assistance of a criminal attorney to guide you during this process.

This is where you’ll also get notices of future hearings, including dates for a pre-trial hearing and actual trial.

2. Pre-trial. Pre-trial hearings let the court monitor the case’s progress. During a pre-trial you and the court can resolve any issues that come up while your case is pending. Frequently at this step a case can be “continued” to permit both parties sufficient time to prepare their cases.

3. Motions. Depending on your case type and what determinations the court has already made, various legal motions are able to be brought before the court at this time.

4. Readiness. The “readiness hearing” is when both parties let the court know their “readiness” for trial. This step is scheduled anywhere from several days to several weeks before the beginning of trial. During this step your case can be either continued or resolved.

5. Trial. Although most cases are resolved beforehand, if your case goes to trial you can decide whether you want a trial by jury, where a jury decides your case, or a bench trial, where a judge will decide your case.

If you have been arrested and are facing a possible trial, you need a criminal defense attorney like Sevens Legal Criminal Lawyers, to help you understand the legal process that’s crucial for you to win your case. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Making Bomb Threats in Californiahttps://www.sevenslegal.com/criminal-attorney/making-bomb-threats-california/259/Fri, 06 Feb 2015 16:00:22 +0000https://www.sevenslegal.com/criminal-attorney/making-bomb-threats-california/259/In light of world events, bomb threats are taken seriously by both federal and local law enforcement agencies, and warrant investigation.In light of world events, bomb threats are taken seriously by both federal and local law enforcement agencies, and warrant investigation. Frequently considerable resources are used in response to a reported bomb threat. There are stiff legal penalties for false bomb threats, which are costly and time consuming, to try and deter them. Under California Penal Code Section 148.1, anybody falsely reporting a bomb placed in a public or private place may be accused making a bomb threat.

Definition of Bomb Threats

Actions or messages used to create fear in a person or group, such as bomb threats, can be considered a terrorist threat. Under California Code Section 422 and CA Code Section 148.1, the person making a false bomb threat to a specific person or group must know the threat is false. The threats can be verbal or by mail, email, texting, or phone to peace officers, radio or television stations, public transportation employees, government officials, building occupants, news reporters, airline employees, and other individuals.

Bomb Threats are Criminal Offenses

Under California Penal Code Section 148.1(c), persons who maliciously report a false bomb threat can be punished by one year in a county or state prison. California Penal Code Section 148.1(d) stipulates the defendant has to intend to threaten the safety of or to scare others in order to be convicted of making a bomb threat.

Bomb Threats are Violations of Federal Law

Under federal law, anybody who intentionally and willfully makes a bomb threat or maliciously conveys false information about a bomb threat in order to kill, injure, or destroy property by using explosives face considerable penalties and stiffer sentences than on the state level. Anybody intentionally making false bomb threats that “may reasonably be believed” can be fined and/or imprisoned for up to five years. If any serious bodily injury results, the sentence can be increased to up to 20 years.

If you have been accused of making a bomb threat you need the expertise of a criminal defense attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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"Drunk in Public" Law in Californiahttps://www.sevenslegal.com/criminal-attorney/drunk-public-law-california/258/Thu, 05 Feb 2015 16:00:08 +0000https://www.sevenslegal.com/criminal-attorney/drunk-public-law-california/258/Police use the 'drunk in public' offense to invoke drunk and disorderly charges to arrest persons they consider either undesirable or troublemakers.The beach communities of Southern California are referred to by many as “partying” destinations. City officials, eager to enforce public intoxication laws, often target persons appearing to be publicly intoxicated for apprehension and prosecution. Police use the drunk in public “catch all” offense to invoke drunk and disorderly charges in order to arrest persons they consider either undesirable or troublemakers. Many times they will arrest somebody for this if the person doesn’t cooperate with their orders.

California Penal Code 647(f) PC - “Drunk in Public”

California Penal Code 647(f) PC is known as the “drunk in public” or “public intoxication” law. In spite of what the name suggests, being drunk in any public place isn’t a crime and doesn’t justify criminal charges of “drunk in public” under this code. In order to successfully prosecute for this, police must prove the defendant was not only “willfully intoxicated” but also that they were unable to exercise care for themselves or others, or that they were obstructing the public in some way.

Other Requirements for “Drunk in Public” Charges

The California “Drunk in Public” law also requires that the disorderly conduct occurred in a “public place.” This is a broadly defined term that includes parked cars on the street, front yards, and common areas in and around apartment buildings. Locations such as hotel rooms, backyards, and private homes are considered private and not public places.

Prosecution for “Drunk in Public” Charges

In order to prove the individual was so intoxicated that they were a safety risk to themselves, a safety risk to others, or obstructing the public, the prosecution must show that the person obstructed, interfered with, or prevented others from being able to use streets, sidewalks, or any other designated “public ways.”

Appearing to be intoxicated is not enough to support a “drunk in public” conviction under California Penal Code 647(f). The police may therefore administer field sobriety tests to prove the person arrested was intoxicated. Although these tests may prove the person was intoxicated, it is often more difficult to prove the other necessary elements required for a conviction.

Just being “drunk in public” is one thing, but if they can’t prove the other elements, then you are not guilty of this offense.

The shortcomings in this law can be emphasized by an experienced criminal defense attorney such as Sevens Legal Criminal Lawyers, to secure dismissal or another favorable disposition for a “drunk in public” charge. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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"No Refusal" DUI Weekendhttps://www.sevenslegal.com/criminal-attorney/refusal-dui-weekend/257/Wed, 04 Feb 2015 16:00:53 +0000https://www.sevenslegal.com/criminal-attorney/refusal-dui-weekend/257/Over the past year some states pushed for no refusal DUI stops. What are no refusal DUI stops and does the NHTSA support it?Over the past year some states pushed for what’s referred to as “no refusal” DUI stops. But what is a “no refusal” DUI stop and does the National Highway Traffic Safety Administration support it?

Suspicion of DUI

When a person is stopped for suspicion of DUI, an officer will usually administer a group of field sobriety tests (“FSTs”). This is followed with a breathalyzer test that measures blood alcohol concentration (“BAC”) in the driver’s blood. A driver is allowed to refuse field sobriety tests on the grounds that the officer needs a warrant to perform them. However, the penalty for refusing them is usually an automatic suspension of their driver’s license.

Weekend of “No Refusal”

During “No Refusal” Weekends, police officers can require drivers who refuse to take a breathalyzer test to submit to blood tests. This essentially eliminates their option to refuse having their blood alcohol content measured.

During “No Refusal” Weekends, judges would be on call in order to issue warrants using a smartphone or vi computer if a driver refuses. The NHTSA believes this program will help facilitate judges’ and magistrates’ availability to quickly issue warrants for officers to administer blood tests.

A driver can still refuse the blood test, but under this program they will be in violation of a judge’s issued warrant, which can lead to other serious criminal charges, including contempt of court.

If you’ve been arrested for DUI it can carry serious consequences consisting of fines and possible time in jail. You need the expertise of a DUI attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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You Can Be Deported for "Deportable Crimes" in Californiahttps://www.sevenslegal.com/criminal-attorney/deported-deportable-crimes-california/255/Tue, 03 Feb 2015 16:00:26 +0000https://www.sevenslegal.com/criminal-attorney/deported-deportable-crimes-california/255/'Deportable crimes' can strip you of 'permanent residency' take away your visa or 'green card' and lead to deportation and permanent removal from the U.S.If you are a “permanent resident” or have a visa or “green card” which permits you to work and live in the United States, then you also enjoy most rights and privileges of other U.S. citizens. “Deportable crimes” can strip you of your status as a “permanent resident” or take away your visa or “green card” and lead to deportation and permanent removal from the country, barring you from returning to the U.S.

Immigration and Nationality Act and Deportable Crimes

The federal Immigration and Nationality Act (“INA”) says any non-citizen in the U.S. may be removed / deported if convicted of certain crimes. It doesn’t matter the length of time in the U.S., how established they are, or whether they have dependent children who are U.S. citizens. Whether they are legal permanent residents, have a green card, visa, or have been granted asylum, they’ll be deported if they commit any crime in the “Deportable Crimes” category.

Deportable Crimes category

The main “Deportable Crimes” category in California consist of:

“Crimes of moral turpitude” (CIMT). These crimes include rape, arson, or murder. If you’re convicted of one of these crimes and sentenced to one or more years in prison within five years after being admitted to the U.S. you may be deported. If you have a green card, this is within 10 years of being admitted to the U.S.

“Aggravated felonies.” This includes drug or firearms trafficking, murder, or rape. You may be deported for this crime no matter how long it’s been since being admitted to the U.S.

Controlled substances offenses in California, If convicted of possessing, distributing, or selling illegal drugs (i.e., controlled substances) you may be deported. An exception to this may be if you possessed 30 grams of marijuana, or less, for your personal use.

Firearms offenses. You may be deported if convicted of selling, buying, owning, or carrying a firearm.

Crimes against the U.S. or its citizens. If you’ve been convicted of espionage, treason, or acts of terrorism, you may be deported.

Permanently Barred for Deportable Crimes

If convicted of an aggravated felony, you will be permanently barred from returning. For other convictions, you may be permitted to return to the U.S. after a certain period of time. In some cases, you may have to wait at least 10 years before you can file an application and pay the filing fee before being permitted to return to the U.S.

If you have been arrested for alleged “Deportable Crimes” you need the expert advice of a criminal defense attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Theft of Heisman Trophy Case Re-Openedhttps://www.sevenslegal.com/criminal-attorney/theft-heisman-trophy-case-reopened/251/Mon, 02 Feb 2015 16:00:14 +0000https://www.sevenslegal.com/criminal-attorney/theft-heisman-trophy-case-reopened/251/Twenty years after the theft of Simpson's Heisman from USC's Heritage Hall, LAPD obtained a warrant to check phone records of the man they believe stole it.Twenty years after the theft of OJ Simpson’s Heisman Trophy from Heritage Hall at USC in 1994, the Los Angeles Police Department obtained a search warrant in order to check phone records belonging to the man they believe stole it.

Heisman Trophy and Jersey 1968 Theft

OJ Simpson was awarded the Heisman Trophy in 1968, and the Trophy as well as his #32 jersey were stolen from the display case in Heritage Hall on the USC campus 20 years ago. TMZ, a celebrity news site, reported that this was a cold case until recently a man called USC claiming he had bought the Heisman Trophy years ago from a friend and was calling USC in order to confirm it was authentic.

Statute of Limitations Has Passed for Heisman Trophy Theft

Although USC confirmed that it was the real Heisman Trophy that was stolen, investigators believe the man who called inquiring about it’s authenticity was the actual thief who stole it 20 years ago. Last month when they went to court in order to get a search warrant to track the suspect down and retrieve the Trophy and jersey they discovered the alleged suspect can’t be prosecuted due to the fact that the statute of limitations has passed.

Heisman Trophy and Jersey Belong to USC

USC actually owns the Heisman Trophy that was stolen. OJ Simpson sold the trophy that belonged to him for $255,500 to pay part of the $33 million he owed from the wrongful death civil judgment in the death of Ron Goldman and Nicole Brown Simpson.

The Heisman Trophy is awarded each year by the New York Athletic Club for the player chosen as the best in college football.

If you have been accused of any type of theft, you need the expert advice of a criminal defense attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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The "Return Fraud" Schemehttps://www.sevenslegal.com/criminal-attorney/return-fraud-scheme/249/Fri, 30 Jan 2015 16:00:30 +0000https://www.sevenslegal.com/criminal-attorney/return-fraud-scheme/249/Fraud comes in many forms and ingenious schemes. Merchants are becoming victims of 'Return Fraud,' where thieves steal from them without leaving the store.Fraud comes in many forms and ingenious schemes. Merchants are now becoming victims of “Return Fraud,” where thieves are stealing from them without leaving the store.

How “Return Fraud” Works

With the “Return Fraud” scheme, people will bring back stolen goods, counterfeit receipts, and merchandise that has been used or work and exchange them for cash. Some bold thieves will even pick up the merchandise right off a store’s shelves, take it to the store’s customer service counter, and ask for a refund. A fraud ring in the mid-west fraud ring, knowing how lenient the return policy was for some stores, began returning merchandise to them without receipts and asked to have the merchandise exchanged for gift cards and store credit. They would then turn around and sell the store’s gift cards at discount prices.

“Return Fraud” is Like Shoplifting

Return fraud uses deceptive means to obtain money or property. In the eyes of the law, since it is similar to retail fraud like shoplifting, it is charged as petty theft. Like petty theft, it requires proof that there was intent to steal the merchandise and not an accident.

Most petty theft cases are for shoplifting, and is the most common type of theft prosecutors make charges for. Like petty theft, return fraud can be charged under California Penal Code Section 484(a) and California Penal Code Section 488 PC as long as the theft crime meets the following:

  • The stolen property value is equal or less than $950.
  • The property taken was not on another person (i.e., robbery or mugging).
  • The stolen item was not an automobile or gun.

Under California Penal Code section 484, if a person uses deceit or fraud to gain possession of labor, money, or real personal property, they are guilty of “theft by trick.” The definition of “theft by trick” is using fraud or deceit as a means to obtain possession of property belonging to another person.

If you have been charged with petty theft or “return fraud” you need an expert criminal defense attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Hit and Run Misdemeanor or Felonyhttps://www.sevenslegal.com/criminal-attorney/hit-run-misdemeanor-felony/247/Thu, 29 Jan 2015 16:00:52 +0000https://www.sevenslegal.com/criminal-attorney/hit-run-misdemeanor-felony/247/A hit and run crime is when a person leaves the scene after a collision without exchanging insurance or identification with other persons involved.A hit and run crime is when a person leaves the scene after a collision they are involved in without exchanging insurance or other identification with other persons involved.

Difference Between Misdemeanor and Felony Hit and Run

The difference between a misdemeanor charge or a felony charge for hit and run offenses depends on whether there were injuries involved in the accident. Both misdemeanor and felony hit and run traffic collisions involve damage to another person’s property. When there are injuries involved, a hit and run is charged as a felony.

Misdemeanor Hit and Run Liability

Regardless of which person is at fault or how much damage exists, a hit and run always involves liability. Even if a person didn’t cause the traffic collision, if they leave the accident scene they can be charged under California Vehicle Code Section 20002 with misdemeanor hit and run.

You can be charged with misdemeanor hit and run if:

  • You leave a minor accident where another driver was obviously at fault;
  • You leave the scene after your car hits and causes damage to somebody else’s property; or
  • You leave an accident scene that you may have caused even though your car did not actually collide with another.

Misdemeanor Hit and Run Penalties

Under California Vehicle Code Section 20002, any misdemeanor hit and run in California that involves a parked car carries the following penalties:

  • Up to three years informal probation,
  • Up to six months in county jail,
  • Up to $1,000 in fines and court-assessed penalties,
  • Restitution to victim due to property damage,
  • Two points on your driving record, per California DMV.

A civil compromise agreement can frequently settle a misdemeanor hit and run charge. This agreement is when the person who caused the damage agrees to pay in exchange for the other party agreeing to drop hit and run charges. If the compromise agreement is accepted by the court and the prosecutor, the misdemeanor hit and run charges are dismissed.

If you have been charged with a misdemeanor or felony hit and run charge, you need the expert advice of a criminal defense attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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22 San Diego Gang Members Indicted for Sex Traffickinghttps://www.sevenslegal.com/criminal-attorney/22-san-diego-gang-members-indicted-sex-trafficking/242/Wed, 28 Jan 2015 16:00:10 +0000https://www.sevenslegal.com/criminal-attorney/22-san-diego-gang-members-indicted-sex-trafficking/242/According to U.S. Attorney's Office in San Diego, alleged gang members have been charged by a federal grand jury for sex trafficking in San Diego County.According to U.S. Attorney’s Office in San Diego, 22 alleged gang members and their associates have been charged by a federal grand jury for sex trafficking and forcing underage girls in eastern San Diego County into prostitution. Almost 100 girls and young women were allegedly involved in the interstate prostitution ring.

Victims in Sex Trafficking Ages 12 to Mid-20s

Federal prosecutors revealed girls and women, ranging from 12 to mid-20s, were lured into the nationwide prostitution ring by promising them a luxurious lifestyle. According to reports, if the girls didn’t obey, the gang resorted to violence. U.S. Attorney Laura Duffy stated, “Victims of sex trafficking are young, just getting started in life. They have hopes and dreams of being loved and having beautiful lives ahead of them. Gang members are exploiting these dreams and stealing the souls of children. They are crushing them with false promises that lead to physical and emotional abuse and sexual slavery.”

Sex Trafficking Gang Called “Tycoons”

Investigators for the U.S. Department of Homeland Security, as well as agents for the FBI and detectives from the San Diego County Sheriff’s Department, raided and served search warrants in San Diego, Arizona, and Texas, arresting 15 people. Seven alleged gang members were already in custody. There were three woman and 19 men making up the gang known as the “Tycoons.” The gang originally formed in 2008, operating in Spring Valley and Lemon Grove, where they carried out their prostitution ring nationwide.

Sex Trafficking Ring Used Internet and Social Media

According to Reuters, the complaint against the “Tycoons” alleged they used social media and the Internet in order to arrange sex-trafficking meetings in Kansas, Nevada, Texas, and Arizona. The indictment and other documents allege that the gang was also involved in assaults, attempted murder, robberies, drug trafficking, commercial and residential burglaries, and beatings, as well as intimidation and threats of violence directed toward female victims, members of the community, and witnesses in criminal cases.

Eric S. Birnbaum, FBI Special Agent in Charge, stated, “The FBI will continue to collaborate with our law enforcement partners in cases like this and our Operation Cross Country initiative where we have rescued over 3,600 children from the grips of sex traffickers and hold them accountable.”

If you have been involved in a federal crime, you need the expertise of a federal crime attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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How Prior Convictions Affect Gun Ownership Rightshttps://www.sevenslegal.com/criminal-attorney/prior-convictions-affect-gun-ownership-rights/241/Tue, 27 Jan 2015 16:00:08 +0000https://www.sevenslegal.com/criminal-attorney/prior-convictions-affect-gun-ownership-rights/241/The Second Amendment of the U.S. Constitution guarantees the right to bear arms, but there are various things that can forfeit gun ownership rights.The Second Amendment of the United States Constitution guarantees the right to bear arms, but there are various things that can forfeit a person’s gun ownership rights.

California Penal Code 29800 and Gun Ownership Rights

California Penal Code Section 29800 PC states that any person convicted under United States, California, or “any other state, government, or country,” of a felony and some misdemeanors forfeits their gun ownership rights. This includes anybody addicted to narcotic drugs, a juvenile who has been tried as an adult in adult court and convicted, or anybody incarcerated in a federal correctional facility for 30 days or received a fine of over $1000 or both.

Specific Groups Without Gun Ownership Rights

The following three groups are not permitted to own or carry firearms:

  • Any person convicted of a felony loses their gun ownership rights and is prohibited from possessing, purchasing, owning, or receiving a firearm. If found guilty under Penal Code Section 29800 they can be sentenced to prison for up to three years.

  • You can be charged with a misdemeanor or felony under California Penal Code Section 29805 for possessing a firearm within 10 years of being convicted of another felony or misdemeanor such as criminal threats of domestic violence. This also applies to misdemeanors or felonies such as “Brandishing a Weapon,” “Assault with a Deadly Weapon,” and various sex crimes.

  • Anybody addicted to narcotics forfeits their gun ownership rights. Being “addicted to narcotics” includes: (1) anybody emotionally dependent on a drug with a compulsive need to use it; (2) anybody with a tolerance to the effects of the drug requiring them to use larger doses; and (3) anybody who is physically dependent on a drug to the point where they would suffer withdrawal symptoms if deprived of it.

Anybody in one of the above groups can have their gun ownership rights revoked for 10 years or more if they own, purchase, receive, or possess a gun. Some cases can also revoke these rights for life. Juveniles in violation of California Penal Code Section 29800 will have their gun ownership rights revoked until they’re 30.

If you’ve been charged with violating this code, you need to consult an experienced criminal defense attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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The Crime of "Defrauding an Innkeeper"https://www.sevenslegal.com/criminal-attorney/crime-defrauding-an-innkeeper/240/Mon, 26 Jan 2015 16:00:48 +0000https://www.sevenslegal.com/criminal-attorney/crime-defrauding-an-innkeeper/240/The term 'defrauding an innkeeper' is not paying after eating at restaurants or drinks at bars, buying fuel at gas stations, or staying at hotels or motels.The term of “defrauding an innkeeper” refers to not paying after eating at restaurants or drinks at bars, buying fuel at gas stations, or staying at hotels or motels. While it may seem like a minor “prank,” it’s a serious crime that can be prosecuted as either a misdemeanor or felony, some of which carry jail sentences.

Definition of “Defrauding an Innkeeper”

The definition of “defrauding an Innkeeper” today also includes the Internet and the use of expired or stolen credit cards. The practice commonly involves leaving a hotel and not paying for the room and such services as pay-per-view movies, extra nights, or room service, as well as attempting to receive credit for future services without actually earning it. A favorite way to defraud an innkeeper is leaving a restaurant or bar without paying. These, and similar crimes, are theft offenses and violate California Penal Code Section 537(a) or 537(b).

Penalties for “Defrauding an Innkeeper”

Like other theft crimes, “defrauding an innkeeper” is a violation of California Penal Code Sections 537(a) and 537(b), and can be charged as petty theft or grand theft depending on the loss value of goods or services the victim suffers.

If the value taken is less than or equal to $950, its a misdemeanor petty theft charge which carries a fine up to $1,000, plus penalties and up to $4,000 that can be added to the total assessment of the loss. There is also up to six months maximum time in county jail. If convicted of petty theft, the court may also require the defendant to pay the victim’s court fines and compensate them for their losses.

If the value taken of over $950, it would be grand theft and could be charged as a felony or misdemeanor depending on other factors. If the person committing the crime has a previous history of the same offense, they would likely be charged with felony grand theft which has a maximum sentence of up to three years in prison. If the charge is misdemeanor grand theft, the sentence would be up to a year in county jail.

If you have been accused of defrauding an innkeeper you need the expert knowledge of a theft attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Should You Refuse a PAS Test Before Arrest?https://www.sevenslegal.com/criminal-attorney/refuse-pas-test-arrest/238/Fri, 23 Jan 2015 16:00:44 +0000https://www.sevenslegal.com/criminal-attorney/refuse-pas-test-arrest/238/If you're stopped for a DUI, you'll be asked to do a PAS ('Preliminary Alcohol Screening') test prior to arrest. You may have a right to refuse.If you’re stopped at a roadside or checkpoint as part of a DUI investigation, you’ll be asked to do what’s known as a “Preliminary Alcohol Screening” test ("PAS") prior to any arrest. You may have a right to refuse.

PAS Part of Field Sobriety Tests

A PAS test is part of an officer’s field sobriety tests and is usually performed on the scene as part of the traffic incident using a breathalyzer or alcohol breath test kit. A PAS test is a way to detect intoxication early, prior to the use of more reliable chemical tests, such as blood and urine samples.

To Refuse or Not to Refuse a PAS Test

Many drivers commonly ask a DUI lawyer if they should submit to a PAS test before being arrested. If you’re an adult, have no prior DUI convictions, and are not on probation, then taking the PAS test is totally voluntary. However, if you refuse to submit to a PAS test there is a chance your license will immediately be revoked until you submit to further chemical tests.

Certain drivers cannot refuse a PAS test before arrest. A driver under 21 or who is on probation must submit to the test. If the person is on probation, refusing the test is also considered a violation of their probation’s terms and conditions.

Refusal of Chemical Tests for DUI Arrest

If you are lawfully arrested for alcohol or drugs, under Vehicle Code VC 23612 (Implied Consent for Chemical Testing), you are required to submit to chemical blood tests and breath tests. After being formally arrested for DUI, you cannot refuse the chemical tests without facing serious penalties and consequences according to Department of Motor Vehicle regulations.

Penalties for Test Refusal After DUI Arrest

If you are a first time DUI offender, the penalties for refusing a chemical test are fine, imprisonment in county jail if convicted, one year’s driver’s license suspension, and a required 9-month alcohol education program. For a second DUI and refusal your license will be revoked for two years and there will be extra jail time. A third arrest and refusal will be more jail time and license revocation for three years. Refusal to take the test also means there will be no special restrictions on your suspended license, such as the permission to drive to work.

If you have been arrested for suspected DUI and have refused a PAS test or chemical tests, it is imperative that you contact a DUI criminal defense attorney such as Sevens Legal Criminal Lawyers, immediately. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Adult Crime System vs. Juvenile Crime Systemhttps://www.sevenslegal.com/criminal-attorney/adult-crime-system-juvenile-crime-system/236/Thu, 22 Jan 2015 16:00:27 +0000https://www.sevenslegal.com/criminal-attorney/adult-crime-system-juvenile-crime-system/236/When it comes to adult crime and juvenile crime there are a number of differences, but also similarities, in the way the criminal systems handle them.When it comes to adult crime and juvenile crime there are a number of differences, but also similarities, in the way the criminal justice systems handles them.

Adult Crime and Juvenile Crime System Differences


  • Adults are prosecuted for “committing crimes” while juveniles are prosecuted for committing “delinquent acts.” If the delinquent acts are extremely serious, such as extreme crimes of violence such as murder, the court system may decide to charge the juvenile as an adult, in which case they would be tried in the adult crime system.
  • Juveniles are tried in what is called an adjudication hearing instead of a public trial with a jury. In an adjudication hearing, a judge hears all the evidence then makes a ruling as to whether the juvenile is or is not delinquent.
  • If the judge determines the juvenile is delinquent, the court then decides on what the next course of action should be.
  • While the goal of the adult crime system is to punish, the goal of the juvenile crime system is rehabilitation and doing what’s in the best interest of the minor. Therefore, there are many alternative sentences used to keep juveniles out of jail. These alternatives include probation, diversionary programs, and parole.
  • Courts in the adult crime system are formal, whereas courts in the juvenile crime system are more informal. Rules about the admission of evidence is much more lenient in the juvenile crime system.

Adult Crime and Juvenile Crime System Similarities

In both court systems, adults and juveniles keep many of the same rights, such as:

  • The right to an attorney
  • The right to cross-examine and confront the witnesses against you
  • The right to not incriminate yourself
  • The right to know the charges against you
  • The prosecution must prove the charges against you beyond a shadow of a doubt

You should immediately contact a criminal defense attorney such as Sevens Legal Criminal Lawyers, if your child has been charged with a delinquent act. An attorney experienced with the juvenile crime system can help educate and explain your rights and the best course of defense. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Data Breach and Identity Thefthttps://www.sevenslegal.com/criminal-attorney/data-breach-identity-theft/234/Wed, 21 Jan 2015 16:00:31 +0000https://www.sevenslegal.com/criminal-attorney/data-breach-identity-theft/234/A data breach is when the records of a company are either lost or stolen. When this happens, you may be a victim of identity theft.A data breach is when the records of a company are either lost or stolen. When this happens, any sensitive information the company may have of yours, such as social security number, bank information, or credit card information, can end up in identity thief hands. They can then use your information to steal your money, access your cards, or create new accounts using your name.

Things to Know About Identity Theft

A data breach can happen anywhere, not just at major department stores such as The Home Depot or Target. It can happen at small neighborhood stores like a local hardware store, as well as your doctor’s office or large or small online retailers, and even credit card companies and banks.

Being a victim of a data breach puts you at risk for identity theft. Identity theft can result in blemishes on your credit report, calls from collection agencies for unpaid bills the thief is responsible for, and can even go as far as compromising your income tax records, prevent you from getting loans, and even cause foreclosure on your house.

State laws usually require businesses to notify customers of data breaches within a certain time period or face fines. Only five states do not have laws about data breaches (Alabama, Mississippi, New Mexico, Kentucky, and Colorado). Many companies pay for credit monitoring for 6 to 12 months for their customers who may be affected. Although the Federal Trade Commission (FTC) has recommended that businesses offer this after a data breach, it’s not required.

What To Do If You’re an Identity Theft Victim

If you’ve discovered you’re an identity theft victim, some things you can do to deal with it include:

  • Contact at least one, but preferably all three, credit bureaus (Experian®, TransUnion®, and Equifax®) and request a security/fraud alert be included in your credit profile. Although it will limit your ability to be approved for new credit, it will also prevent an identity thief from opening new credit in your name.
  • Request and review an official complimentary credit report for any suspicious activity or information.
  • Review all billing statements for fraudulent activity and immediately contact the creditor to dispute any suspicious charges you don’t recognize.
  • Fill out an Identity Theft Report to remove fraudulent information on your credit reports. The “Identity Theft Affidavit” form can be downloaded from the Federal Trade Commission’s website, and can be used to file a police report. *
  • Get an extended fraud alert, which will remain for seven years, and request the removal of any fraudulent data on your credit report.

To remove any fraudulent activity from your credit report you’ll need to provide the following information:

  • Proof of identity
  • Fraudulent data identification on your credit report
  • Copy of your official identity theft report (see “*” above)
  • Your statement saying the fraudulent activity on your credit report is not associated with any transaction you made

Within four business days all fraudulent activity should be removed from your credit report. It’s important that you continue to regularly monitor your credit report. This is the best way to protect yourself from any harmful effects of identity fraud and theft, both now and in the future.

If you have been a victim of identity theft or think you’ve been a victim of a data breach, contact an identity thief attorney such as Sevens Legal Criminal Lawyers, for assistance. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Court for Juvenile Crimeshttps://www.sevenslegal.com/criminal-attorney/court-juvenile-crimes/233/Tue, 20 Jan 2015 16:00:33 +0000https://www.sevenslegal.com/criminal-attorney/court-juvenile-crimes/233/Any crime that a person under 18 commits falls under the category of juvenile crimes. Here are things to expect at a trial if your child is accused.Any crime that a person under 18 commits falls under the category of juvenile crimes. Here are some of the things to expect at a trial if your child is accused of a juvenile crime.

Juvenile Court Referral for Juvenile Crimes

Once your child’s case has been referred to juvenile court by a police officer, a juvenile court intake officer or prosecutor takes control of it. The prosecutor or intake officer can either dismiss the case, informally handle it, or file formal charges which means “petition the case.” To determine the best way to proceed, the following variables will be taken into consideration:

  • the severity of the crime
  • the child’s age
  • any previous record the child may have
  • the strength of the evidence against the child
  • the child’s gender (boys tend to be charged more than girls)
  • social history of the child, and
  • ability of the parents to control their child’s behavior

If parental neglect or abuse is suspected, the judge of the juvenile court may decide to begin proceedings that will remove the child from the custody of their parent or guardian.

An average of 20% of all cases referred to juvenile court are dismissed by the prosecutor or intake officer, 25% are informally handled, and the remaining 55% are formally charged.

The Process for Informal Proceedings for Juvenile Crimes

In an informal proceeding, the child appears before a judge or probation officer. Although the child receives no formal charges, they will still face certain types of penalties during the informal proceedings, such as:

  • receiving a stern lecture
  • must attendance counseling
  • must attend classes after school
  • must repay any damages to their victim
  • must pay a fine
  • must perform community service, or
  • must enter probation

You will want to contact a juvenile crimes defense attorney such as Sevens Legal Criminal Lawyers, immediately if your child is accused of committing a juvenile crime. A juvenile defense attorney will assist in building your child’s case to avoid conviction which can result in serious penalties and create a record your child will have the rest of their life. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Things to Know About Juvenile Crime if Your Child Is Arrestedhttps://www.sevenslegal.com/criminal-attorney/juvenile-crime-child-arrested/228/Mon, 19 Jan 2015 16:00:29 +0000https://www.sevenslegal.com/criminal-attorney/juvenile-crime-child-arrested/228/You may think your child is playing with friends, then you get a call from the police. Instead of playing, your child is in jail for juvenile crime.You may think your child is out playing with friends, then you get a call from the police. Instead of a park or playground, your child has been arrested for committing a juvenile crime and is in jail. What do you do now?

Child Arrest for Juvenile Crime

The difference between juvenile crime and other crimes is that the person doing the crime is under 18 years of age. If your child has been arrested for involvement in juvenile crime, it means they’ve been accused of involvement in a crime.

If your child is arrested, the police may do the following:

  • Record the arrest then release your child to return home.
  • Send your child to an agency who will then care and counsel them and provide shelter.
  • Take your child to the police station, called “cited back.”
  • Issue a “Notice to Appear” in court for both you and your child.
  • Send your child to detention (i.e., juvenile hall). This will allow your child to make two phone calls once they’ve been arrested. One call is required to be to a parent, relative, or boss. The other must be a lawyer. These calls must be made within the first hour of being arrested.
  • A police officer must read your child their “Miranda rights” and counsel them on their legal rights. These include:
    • Their right to remain silent.
    • Anything they say can and will be used against them in court.
    • The right to an attorney. If they can’t afford one, then one will be appointed by the court.

Defense Attorney for Juvenile Crime

The police must notify you immediate if your child has been arrested, as well as tell you where your child has been taken, and what their rights are for the crime they’ve been arrested for. Depending on your child’s age, they must also inform you of the seriousness of the crime. If a previous record exists for your child, they may be put in a foster home, be sentenced to probation, or the Department of Corrections and Rehabilitation may sentence them to juvenile hall.

You should immediately contact a juvenile crime attorney such as Sevens Legal Criminal Lawyers, if your child has been arrested and charged with committing a juvenile crime. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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An Overview of the Drug Possession Laws in Californiahttps://www.sevenslegal.com/criminal-attorney/overview-of-drug-possession-laws-in-california/227/Fri, 16 Jan 2015 16:00:20 +0000https://www.sevenslegal.com/criminal-attorney/overview-of-drug-possession-laws-in-california/227/When it comes to drug possession in California they have defined two category consisting of 'simple possession' and 'possession with intent to sell.'When it comes to drug possession in the state of California they have defined two category consisting of “simple possession” and “possession with intent to sell.”

Drug Possession Type Classification

The California Health and Safety Code also separates offenses relating to “restricted dangerous drugs” or “narcotics” from marijuana offenses, as well as offenses relating to methamphetamine and phencyclidine (PCP).

Defenses Against Drug Possession Charges

If you have been charged with drug possession, a few defenses your attorney may suggest using includes:

  • Necessity for medical reasons
  • A doctor issued a prescription
  • Seizure of drugs in an unlawful search
  • Lab analysis results had problems
  • Police conduct was improper
  • Arrest result of entrapment

Drug Possession Sentences and Penalties

Drug possession penalties depend on the amount and type of the drug and intended purpose for it. Penalties range from one to five years in county jail or prison. If charged with possession of a controlled substance and/or transporting it from one country to another, imprisonment can be up to nine years.

Marijuana Drug Possession Laws

Marijuana possession has it’s own set of penalties in California that are different from other drugs. If a defendant is found to be in possession of 28.5 grams (one ounce) or less they’ll incur a fine of up to $100, as long as the marijuana is not concentrated cannabis. Additional fines are incurred if the marijuana is over 28.5 grams or if you were arrested for the possession near a school. If there is evidence of intent to sell, the crime may be prosecuted as a felony, with an imprisonment of 16 months up to three years.

If you have been accused of drug possession or intent to sell, its imperative to contact a criminal defense drug attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Transportation of Firearms in Californiahttps://www.sevenslegal.com/criminal-attorney/transportation-firearms-california/226/Thu, 15 Jan 2015 16:00:05 +0000https://www.sevenslegal.com/criminal-attorney/transportation-firearms-california/226/Laws are very strict concerning transportation of firearms. California permits firearms to be transported in motor vehicles under certain requirements.Laws are very strict concerning transportation of firearms, however California permits firearms to be transported in motor vehicles under certain requirements and restrictions.

Requirements for Concealable Firearms Transportation

Penal Code 25850 PC makes it punishable to carry a loaded firearm in either a public place or vehicle, which is different from carrying a concealed weapon. Under California Penal Code section 25610, if you are a U.S. citizen, over 18, living permanently or temporarily in California, and lawfully permitted to own a firearm, you are legally allowed to transport a revolver, pistol, or other concealable firearm as long as it is unloaded and in a locked container.

A “locked container” is defined as any secure container that is fully enclosed and able to be locked using a padlock, key, combination lock, or any similar locking device. This definition covers a motor vehicle trunk, but not the vehicle’s utility or glove compartment.

Transportation of Firearms Such as Rifles, Shotguns, and Assault Weapons

Firearms such as rifles and shotguns are not considered concealable firearms but they are generally also covered under California Penal Code section 25400. While they are not required to be in a locked container, they still have to be unloaded during transportation.

Shotguns, such as registered assault weapons, are a special class covered by California Penal Code section 30945. This code permits the transportation of registered assault weapons only between specified locations. During transportation they must also be unloaded and in a locked container.

Penalties for Illegal Transportation of Firearms

Any person violating these laws and found to be carrying a loaded firearm can be charged with either a misdemeanor or felony, and can face imprisonment in county jail of up to one year, fines up to $1,000, or both.

If you have been charged with an alleged firearms transportation violation or other weapons charge, you need to consult a criminal defense lawyer knowledgeable in gun laws in California such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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The Facts of Driving Under the Influencehttps://www.sevenslegal.com/criminal-attorney/facts-driving-influence/225/Wed, 14 Jan 2015 16:00:44 +0000https://www.sevenslegal.com/criminal-attorney/facts-driving-influence/225/It's illegal and dangerous when driving under the influence. Hundreds of people are killed daily in DUI accidents due to drivers that drink then drive.It’s illegal as well as dangerous when driving under the influence of alcohol and/or drugs. Hundreds of people are killed every day in DUI-related accidents due to drivers that drink and/or do drugs then drive.

Facts to Know About Driving Under the Influence

Some facts you may or may not know about include:

  • Impairment isn’t caused by the type of alcohol a person drinks but how much alcohol is drunk during a certain period of time. After taking that last drink only the passage of time will sober a person up. Many myths about how to “sober up” quickly include cold showers, coffee, or even exercising, but they’re only myths.
  • A driver who drives under the influence will drive that way about 80 times before being arrested the first time for DUI.
  • In the U.S., somebody is kill in a DUI-related accident every 53 minutes. That’s about 27 people a day. Every 90 seconds a person is injured in a DUI-related accident.
  • There is a strict “No Tolerance” policy in the U.S. for drivers under 21. If you’re under 21 you cannot have any amount of alcohol in your system while behind the wheel. If found guilty of this you can lose your license, incur fines, or go to jail.
  • Over 9800 people were killed or injured In 2011 by a drunk driver.
  • Traffic accidents amongst teens are the leading cause of death, with about one third involving alcohol or drugs.
  • Over 200 children were killed In 2010 in DUI crashes, 62% of whom were in the car driven by the impaired driver.

Know the Facts If Driving Under the Influence

Knowing the consequences and facts of driving under the influence may help you make the right decision when deciding to get behind the wheel. There are a lot of statistics about the topic of DUI, make sure you’re not part of them. The best way to make sure you’re never involved in a DUI-related accident that could cause somebody their life, is to pledge to never drink or do drugs and then drive.

Contact an Attorney if Charged with DUI

You should immediately contact an attorney experienced in DUI cases, such as Sevens Legal Criminal Lawyers, if you are charged with driving under the influence. They can help by advising you on the best course of action in your case, as well as help reduce fines, jail time, or other potential penalties you may face. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Theft of Lemur Not a Bad Disney Moviehttps://www.sevenslegal.com/criminal-attorney/theft-lemur-bad-disney-movie/222/Tue, 13 Jan 2015 16:00:46 +0000https://www.sevenslegal.com/criminal-attorney/theft-lemur-bad-disney-movie/222/When most people think of theft, they think of shoplifting clothes or jewelry. When animals are stolen, chances are they are a high-priced dog. But a lemur?When most people think of theft, they think of shoplifting clothes or jewelry, or perhaps robbery, burglary, assault, or fraud. When animals are stolen, chances are they are a high-priced dog from a pet store or breeder. But a lemur?

Lemur Ransomed After Theft

Julie Harris, the owner of Gizmo the lemur, was burglarized by James Edward Welborn, Jr. In addition to Gizmo, Welborn also took her TV. Gizmo the lemur, a small mammal, was valued at approximately $1,500. According to Detective Ben Brown, the whole event was “kind of like a bad Disney movie.”

Sister Suspicious After Lemur Theft

After Welborn, the alleged thief, burglarized Harris’ home, he took the little guy to his sister’s house, telling her he found it. After seeing a local news report about the theft of Gizmo, she started doubting her brother’s story, especially since the picture of Gizmo matched the lemur she was taking care of. After telling her brother about the cash bounty on the head of the little fellow, she told him to come take him away.

Ransom Demanded After Lemur Theft

The lemur theft got more complicated when Welborn and his friend Brian Sanders decided to ransom Gizmo for the reward money. Sanders contacted Harris and arranged to meet in a gas station. When she got there, Gizmo wasn’t with them, but his picture was on his computer. Sanders confessed everything to the police, who then was able to figure things out and got Gizmo and his owner, Harris, back together.

Traffic Violation Nabs Thief in Lemur Theft

Welborn was able to elude police officers for a bit, but his luck ran out when he was stopped for a traffic violation. When his identity was processed through the local information system, the police connected him to the burglary and theft of the TV and little Gizmo the lemur.

Detective Brown wrapped up the unusual case by telling reporters, “[T]o take the monkey to his sister, cross state lines and get somebody else to contact the family…and try to get the reward money … this is hands down the oddest, funniest case I have ever worked.”

Unlike the theft of Gizmo the lemur, theft cases aren’t this amusing.

If you have been allegedly accused of theft, you must realize this is a serious charge with far-reaching consequences. You need to contact a criminal defense attorney experienced in theft cases who can build a good defense for you such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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New Ignition Interlock Program for DUI Offendershttps://www.sevenslegal.com/criminal-attorney/ignition-interlock-program-for-dui-offenders/219/Mon, 12 Jan 2015 16:00:27 +0000https://www.sevenslegal.com/criminal-attorney/ignition-interlock-program-for-dui-offenders/219/California Senator Jerry Hill introduced a bill on December 29, 2014, requiring Ignition Interlock devices be used on cars of first time offenders of DUI.California Senator Jerry Hill introduced a bill on December 29, 2014, requiring “Ignition Interlock” devices be used on cars of first time offenders of DUI. These “Ignition Interlock” devices require a driver to breath into it and will prevent a car from starting if the indicated blood alcohol level (“BAC”) is higher than the limit pre-set on the device. For persons with multiple DUIs, Senator Hill believes this device is key to helping reduce DUI-related fatalities and injuries.

Five Year Pilot Ignition Interlock Program

If Senator Hill’s bill passes, a five year pilot program will be mandated requiring Ignition Interlock devices be installed on DUI offenders’ vehicles. For a first time offense, the device will be installed for six months. For each subsequent DUI conviction, the time period for the required installation of the device will increase. While the device is installed and used, drivers would keep their licenses. Since currently the installation of the Ignition Interlock device is voluntary, Senator Hill said this is a major stumbling block with only 20% of DUI offenders opting for the device over driving with a restricted license. After a third DUI conviction, California laws permit a judge to suspend the person’s driver’s license for 10 years.

Current Ignition Interlock Program

The existing pilot program for Ignition Interlock devices began in 2010 but will expire in 2015. Currently the Ignition Interlock device for first time DUI offenders is required for five months. For repeat offenders it’s installed for as long as four years. The device requires the driver to breath into it in order for their car to start. As they drive, additional samples must be provided.

Even though first time DUI offenders make up the majority of convictions, multiple DUI offenders make up one-third of all convictions. Studies by the National Highway Traffic Safety Administration reveal that multiple DUI offenders are involved in fatal crashes eight times more often than drivers who have not been drinking. Studies have shown that laws requiring the use of Ignition Interlock devices are successful. According to Senator Hill’s office, the use of these devices in Oregon, Arizona, New Mexico, and Louisiana have reduced DUI-related deaths by 35-43 percent.

If you have been arrested for DUI, contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Defenses Against Assault and Battery Accusationshttps://www.sevenslegal.com/criminal-attorney/defenses-against-assault-and-battery-accusations/217/Fri, 09 Jan 2015 16:00:54 +0000https://www.sevenslegal.com/criminal-attorney/defenses-against-assault-and-battery-accusations/217/Being accused of assault and battery can be frightening, especially if you are not guilty. A number of defenses can be used to prove your innocence.Being accused of assault and battery can be a frightening experience, especially if you’re not guilty. In situations such as this a number of defenses can be used to prove you are innocent of the charges.

Hire an Assault and Battery Defense Attorney

A criminal defense attorney experienced with assault and battery can help prepare a strong case to prove your innocence. They can also advise you about your legal rights and work with the prosecution to try and get the charges dropped before going to trial. Some defenses that can be used against assault and battery charges are listed below.

Defenses for Assault and Battery

A common defense in assault and battery cases is self-defense, but others that can also be used include:

  • Insufficient evidence – If there was nobody to witness the alleged assault and battery, and there are no injuries visible on the victim, a judge may dismiss the charges of assault and battery based on insufficient evidence.
  • No intent - Similar to insufficient evidence, the prosecution must prove there was an intent on your part to harm another person. If you caused harm to another person by accidentally hitting them, there was no premeditated intent on your part to cause them harm.
  • Defense of others and/or property – Everybody has the right to legally defend themselves, loved ones, and property, by reasonable force.
  • Drug and/or alcohol intoxication – If you willing take drugs or drink alcohol, you can still be blamed for the way you behaved while on these substances. Saying you were “too smashed” to know what you were doing is not a valid defense.
  • Consent – Assault and battery charges assume there was no consent on the part of the victim to being touched. If the victim voluntarily entered a situation where they could be harmed, charges may be dropped since they willingly put themselves in harm’s way. An example would be assault and/or battery when playing sports.
  • Insanity – Insanity can be used, although it can be a “tough sell” and may result in your being committed to a mental institution.

Best Defense Options in Your Assault and Battery Case

Some of the above defenses are stronger than others, and depending on the circumstances have been used successfully. The best defense is to retain and work with an experienced and skilled criminal defense attorney to build a case on your behalf, such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Medical Identity Thefthttps://www.sevenslegal.com/criminal-attorney/medical-identity-theft/214/Thu, 08 Jan 2015 16:00:36 +0000https://www.sevenslegal.com/criminal-attorney/medical-identity-theft/214/Medical identity theft is the stealing of a person's health insurance information to illegally obtain medical services or devices, drugs, or reimbursements.Definition of Medical Identity Theft

Identity theft is the fraudulent stealing of somebody’s personal information, such as name and social security number, in order to acquire personal gain, such as money, personal gratification, or prestige. Medical identity theft also includes the fraudulent stealing of a person’s health insurance number to illegally obtain medical services or devices, as well as prescription drugs and insurance reimbursements.

Medical identity theft affects doctors, patients, insurance companies, and government agencies such as Medicare, and results in substantial losses. Medical identity theft is a violation of federal as well as state law, depending on the nature of the case and involved parties.

Targets of Medical Identity Theft

Due to the amounts of money involved with federal programs such as Medicare, the frequent targets of this type of identity theft are doctors and physicians. Medical identity theft is definitely a major concern of Medicare as well as other agencies who routinely investigate identity theft.

The nature of medical identity theft not only involves patients, whose medical records and history are compromised, but it also involves the professional credentials of a physician, causing great financial and personal harm to their career and reputation.

Affect of Medical Identity Theft

If a patient’s medical information has been stolen, it can be used to access medical insurance and accrue large medical bills resulting in collection agencies contacting you for payment. Medical debts can have disastrous effects on your credit, affecting your ability to get a job, a loan, or buy insurance.

Your medical information may also be compromised by getting mingled with that of the identity thief. This could result in being unable to get your prescriptions, your getting improper care such as the wrong blood type in a transfusion, and other life-threatening medical errors. If could also affect your ability to get the benefits you’re entitled to from your own policy.

Penal Code 530.5 and Identity Theft

Penal Code 530.5 makes it a violation to transfer, sell, or provide personal identity information to another person without that person’s direct consent. This makes it a crime for somebody to illegally acquire and retain the personal identifying information of somebody else. Since identity theft is fraud, a theft charge is added which can either be a petty theft or grand theft charge. If the value of the identity theft is under $950 it’s considered petty theft, and if its over $950 it’s considered grand theft.

If you have been the victim of medical identity theft or identity theft, you need to file a police report, then contact a criminal defense attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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California Petty Thefthttps://www.sevenslegal.com/criminal-attorney/california-petty-theft/212/Wed, 07 Jan 2015 16:00:26 +0000https://www.sevenslegal.com/criminal-attorney/california-petty-theft/212/California Penal Code Sections 484 and 488 are sections under which petty theft is handled and prosecuted, depending on the charges.In California the Penal Code Sections 484 and 488 are two sections under which petty theft is handled and prosecuted, depending on the circumstances involved with the charges.

Grand Theft versus Petty Theft

Theft is the unlawful taking of somebody else’s property without their permission. What defines the difference between grand theft and petty theft is the value, type of property stolen, and method used. California Penal Code Section 487 PC covers grand theft while California Penal Code Sections 484 and 488 both cover petty theft.

Penal Code Section 484 - Petty Theft Violation

Penal Code Section 484 covers general theft violations which has many different degrees of theft. Violating this code is a criminal offense which includes extensive fees, probation, and jail time. To prove this type of theft the prosecutor has to prove not only that the person stole another person’s property, but they also have to prove it was without consent of the owner. The prosecutor must also prove the intent of the defendant was to permanently deprive the owner of the stolen property.

Penal Code Section 488 - Petty Theft Misdemeanor

Under Penal Code 488 petty theft involves the theft of property with a value of less than $950 and is charged as either an infraction or misdemeanor. An example of petty theft of this type is shoplifting. Even though it’s a misdemeanor, it’s still on the accused’s permanent record. The punishment of this type of petty theft includes a fine of up to $1,000, time in county jail of up to six months, or both.

Penal Code Section 487 - Grand Theft

Penal Code 487 covers grand theft. It is also the intentional stealing of another person’s property, but the amount must exceed the state’s statutory amount, which in California is $400. Grand theft also includes taking property by force or fear from another person, such as robbery using a firearm or knife, which could also carry the charge of assault with a deadly weapon.

If you have been arrested and accused of petty theft, it’s imperative that you contact a criminal defense attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Reduction of Bailhttps://www.sevenslegal.com/criminal-attorney/reduction-of-bail/210/Tue, 06 Jan 2015 16:00:01 +0000https://www.sevenslegal.com/criminal-attorney/reduction-of-bail/210/California Law entitles a person to receive bail to be released from jail until their Court date. Bail is available for all crimes except capital murder.California Law entitles a person to receive bail so they can be released from jail until their Court date. Bail is available for all crimes except cases of capital murder.

Setting of Bail Amount

Local County officials set the amount of bail based on a presumptive bail schedule that is required depending on the case involved. For example, the bail for a domestic violence case is set by Penal Code 273.5, which is $50,000. Depending on other factors, such as great bodily injury or prior convictions, this bail amount can be increased or “enhanced.” An attorney can assist in lowering this presumptive bail, and may even be able to have it eliminated and have their client released on their own recognizance.

Release on “Own Recognizance”

To request to be released on your “own recognizance” (i.e., “OR”), a motion must be filed with the Court who will be hearing the alleged criminal charges against you. Being released on your own recognizance is simply a promise that you’ll appear in Court for your hearing, and it eliminates the requirement for you to post bail.

When granting an OR the Judge will take into consideration certain factors such as existance or lack of prior criminal record, how long you’ve lived in the area, family, property, employment, and other ties to the community, and if you’ve had any prior court appearance failures.

Motion to Reduce Bail

Another motion your attorney can request is one to reduce your bail. In addition to the factors used to decide on an OR, the Judge will also consider whether the alleged criminal charges against you include violence or other aggravating factors in deciding whether to grant reduced bail. The main concern a Judge will use in their decision is whether “public safety” will be compromised if bail is reduced in order to release you until your Court appearance.

According to California Penal Code, public safety is paramount when changing/reducing a person’s bail from the scheduled presumptive amount. Another consideration is whether the person requesting reduced bail or an OR is a flight risk. If there is a chance they are a flight risk (i.e., not showing up for the appointed Court appearance), neither reduced bail nor OR will be granted. In many cases, the court will also require the person to give up their passport or visa. Many factors weigh heavily in the Court’s mind when evaluating bail and OR requests.

If you have been arrested for an alleged crime, it is imperative to acquire a criminal defense attorney such as Sevens Legal Criminal Lawyers, immediately to assist you with the complicated and confusing process of bail and motion for an OR. A quick release can save thousands of dollars in bail and being able to be released prior to and during trial. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Shatter, a New and Illegal Marijuana Extracthttps://www.sevenslegal.com/criminal-attorney/shatter-illegal-marijuana-extract/204/Mon, 05 Jan 2015 16:00:59 +0000https://www.sevenslegal.com/criminal-attorney/shatter-illegal-marijuana-extract/204/Shatter is the purest and most potent form of marijuana produced using solvents, which is a felony to possess, make, or sell in California.With the legalization of medical marijuana in California, popular edibles and exotic forms of marijuana are popping up. But not all of them are legal. If a form of marijuana is produced using solvents, their manufacture in California is a felony. These illegally produced extracts may be for sale in legal dispensaries and be misrepresented to buyers as legal.

The Manufacture of Shatter

Shatter, a smooth, clear solid, is the purest and most potent form of marijuana. The extraction process removes lipids, waxes, and fats, resulting in over 80% THC. Other solvent extracts such as Shatter have names like honey, hash oil, honey toast, earwax, honeycomb, and ’tane.

These forms of cannabis extract are made by grinding marijuana or using marijuana buds, putting it in a tube, and pushing butane gas through it. The extract is then washed with alcohol or other methods to remove the smell of butane as well as remove the plant waxes and altering it’s appearance. It’s then cooked into a solid after which it can be snapped off into grams. Users take hits, called “dabs,” and some even vaporize it using e-cigarettes. According to the DEA, “One drop on a cigarette is equal to the effects of a single joint.”

Illegal to Make Shatter in California

Due to the way Shatter and other marijuana extracts are made, in California they’re illegal to make, sell, or possess. The California Health and Safety Code Section 11379.6(a) states: “Except as otherwise provided by law, every person who compounds, converts, produces, derives, processes, or prepares, either directly or indirectly by chemical extraction or independently by means of chemical synthesis, any controlled substance - shall be punished by imprisonment in the state prison for three, five, or seven years and by a fine up to $50,000.”

The phrase “by chemical extraction” is the key to its illegality since they use butane in the extraction process. Butane is also highly flammable resulting in apartments and houses burning, motels blowing up, and severe burns and death to people producing the highly profitable extracts.

There is also the risk of dangerous impurities resulting from the extraction process and other ingredients used. Butane exposure can result in neurotic effects as well as numerous other health problems. Because of all these dangers, many are suggesting that extracts such as Shatter should be made legal and be manufactured under controlled conditions.

Charges for Possession of Shatter and Other Extracts

Although it is legal for California residents to possess or produce concentrated forms of marijuana for personal and medical use, it is a felony offense to possess, produce, or sell, any concentrated cannabis product created using chemical solvents such as butane, and can result in jail time if convicted on these charges.

If you have been arrested for the illegal possession or production of marijuana extracts like Shatter, you need the experience of a criminal defense attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Motion to Prove Factual Innocencehttps://www.sevenslegal.com/criminal-attorney/motion-prove-factual-innocence/203/Fri, 02 Jan 2015 16:00:33 +0000https://www.sevenslegal.com/criminal-attorney/motion-prove-factual-innocence/203/If you have been wrongfully arrested, California law allows the purging of your arrest records by filing a motion to determine your 'factual innocence.'When a person is arrested for criminal conduct but is actually innocent, the charges against them aren’t always filed and the case may actually have been dismissed by the court. When this happens, California law allows an individual to purge any arrest records that may exist from public view by filing a motion to determine your “factual innocence” and destroy any arrest records associated with the crime. This motion should be prepared by an experienced criminal defense attorney, such as Sevens Legal Criminal Lawyers, and must be filed within three years of the arrest with the court having jurisdiction over the offense. A copy of the motion must also be served on the local District Attorney.

California Penal Code 851.8 and Factual Innocence

The California law describing the process to prove factual innocence is Penal Code 851.8. In order to prove their factual innocence, the petitioner must prove beyond a reasonable doubt that there was no basis for their arrest. A Judge will hear your case and weigh the evidence presented on both sides. If the Judge rules in your favor and grants the motion, all the records associated with your arrest will be destroyed and removed from all California state databases.

Difference Between Factual Innocence Motion and Dismissal

A simple dismissal does not destroy records of an arrest the way a motion to prove factual innocence does. Any records related to your arrest still remains in electronic and non-electronic form. The data associated with your wrongful arrest remains on the books and can resurface for years when any background checks are done.

Unless all traces of an arrest are eliminated, the arrest record could prevent you from obtaining certain jobs, such as teaching, jobs in medical and legal fields, and law enforcement jobs. If you have been wrongfully arrested for domestic violence, expunging of your arrest records will allow you to purchase firearms again, as well as apply for any professional license or credential.

Benefits of Factual Innocence Motion

The granting by a Judge of a Factual Innocence Motion also removes the stigma of being arrested on your record. Having a clean criminal record can mean the difference when applying for a new job. To check to see if you have any damaging files on your record that may surface in the future, you can go to the California Department of Justice Arrest Records website at https://oag.ca.gov/fingerprints/security/ . To receive a copy of any criminal history record you must submit fingerprint images, a processing fee, and fill out the indicated application form.

If you have been wrongfully arrested and charged with a crime, you need the expert and extensive experience of a criminal defense attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Convictions for Insider Trading Overturnedhttps://www.sevenslegal.com/criminal-attorney/convictions-insider-trading-overturned/202/Tue, 30 Dec 2014 16:00:22 +0000https://www.sevenslegal.com/criminal-attorney/convictions-insider-trading-overturned/202/The U.S. appears court overturned two former hedge managers' convictions found guilty of technology stock insider trading.The defense community who deals with white collar crime has closely watched as the U.S. appears court overturned two former hedge managers’ convictions who were allegedly guilty of technology stock insider trading.

Insider Trading Evidence Insufficient to Convict

New York’s 2nd U.S. Circuit Court of Appeals ruled the prosecutors in the case against Todd Newman, a former Diamondback Capital Management portfolio manager, and Anthony Chiasson, Level Global Investors co-founder, presented insufficient evidence for a conviction.

This ruling was a blow against Manhattan U.S. Attorney Preet Bharara and federal prosecutors’s insider trading crackdown. The appeals court held that the defendants can be convicted for insider trading only if the person doing the trading using that information was aware the original tip-giver had disclosed the insider information in exchange for their personal benefit.

Insider Trading Scheme

Newman and Chiasson were found guilty in 2012 for insider trading based on information about Dell, Inc., computers and the Nvidia Corp chipmaker. The government alleged the scheme reaped illicit profits in the amount of $72 million. Prosecutors claimed the information allegedly used by Newman and Chiasson was gotten from analysts who allegedly were members of a “corrupt circle” who traded information not known by the public and which they obtained while employees at various companies.

Newman was originally sentenced to 4-1/2 years in prison while Chiasson was sentenced to 6-1/2 years. Both are out on bail pending an appeal.

Larger Insider Trading Repercussions

This case was closely watched to see if the appeals court would set a new precedent for providing proof in other insider trading cases.

University of Pennsylvania School of Law professor Jill Fisch felt their ruling indicated prosecutions for recent insider trading had gone too far. Although traders should not be permitted to buy non-public information from corporate insiders, she stated that traders on Wall Street routinely “get a whole lot of information from people that you talk to all the time.”

SEC Pressure to Convict

C. Evan Stewart, who is a partner at Cohen & Gresser, feels the court’s ruling could pressure the U.S. Securities and Exchange Commission to explain and define exactly what Wall Street behaviors count as far as insider trading is concerned. Although the SEC doesn’t dictate the criminal laws relating to insider trading, they do provide standards for what criminal fraud laws are applied to such cases.

If you have been arrested for an alleged federal crime such as insider trading, you need the expert experience of a criminal defense attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Who Has Authority for Domestic Violence Caseshttps://www.sevenslegal.com/criminal-attorney/authority-domestic-violence-cases/185/Mon, 29 Dec 2014 16:00:03 +0000https://www.sevenslegal.com/criminal-attorney/authority-domestic-violence-cases/185/Many things can be referred to as 'domestic violence.' Small arguments between family members can escalate out of control resulting in injuries or worse.Many things can be referred to as “domestic violence.” Small arguments between family members or significant others can escalate and get out of control resulting in injuries or even death. A call to local police may resolve the immediate situation, but it also initiates a mandated course of action which they must then follow.

When police become involved, incarceration of one of the parties may result. Even though the victim may decide they don’t want to press charges, legally they don’t have that choice.

Definition of Domestic Violence

Domestic violence is defined as a “pattern of abusive behavior by one partner in a relationship to gain or maintain power and/or control the other partner.” Domestic abuse, also referred to as spousal abuse, occurs when one partner in a marriage or intimate relationship attempts to control or dominate the other partner. When physical violence is involved, domestic abuse becomes domestic violence.

In domestic violence cases, the abuser frequently uses guilt, shame, fear, threats, physical injury, bullying, and intimidation try to gain control over the victim.

Domestic Violence Charges

Domestic violence charges against the abuser can include anger management glasses, mandated marriage counseling, stay away orders, alcohol classes, and restraining orders. The accused abuser may also face professional consequences such as loss of their medical or legal license, and loss of their job. If the domestic violence is filed as a felony instead of a misdemeanor, the accused may face time in county jail or state prison.

District Attorney’s Office

The Office of the District Attorney has made a major priority of stopping domestic violence and it’s cycle by diligently prosecuting domestic violence crimes.

If you have been accused of domestic violence you need the expert experience of a domestic violence defense attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Restraining Order for Domestic Violencehttps://www.sevenslegal.com/criminal-attorney/restraining-order-domestic-violence/184/Fri, 26 Dec 2014 16:00:14 +0000https://www.sevenslegal.com/criminal-attorney/restraining-order-domestic-violence/184/Judges can issue a Domestic Violence Restraining Order. If you have been served formal copies of the restraining order must be delivered to you personally.Issuance of Domestic Violence Restraining Order

In order to help prevent domestic violence, judges can issue a Domestic Violence Restraining Order (“DVRO”). If you have been served with a DVRO, formal copies of the restraining order must be delivered to you personally. As part of the copies you’ll receive a form to fill out to schedule a hearing and respond to the restraining order claims against you. As soon as you receive the restraining order, it’s important to obey the terms, otherwise you may have to pay a fine, go to jail, or both, if you are found to be in violation of the restraining order.

A Restraining Order is Valid When Officially Served

A Restraining Order becomes effective and valid as soon as you have been officially notified and it has been personally served to you. The copies of the order must be “easy-to-read” and Form DV-120 (i.e., “Answer to Temporary Restraining Order”) must be included. You must formally file an “Answer” in order to respond to the alleged victim’s allegations against you. At the Restraining Order hearing, the judge will take the “Answer” into consideration to decide whether to cancel the order, change it’s terms, or make the Restraining Order permanent. During the preparation for a Restraining Order hearing it’s invaluable to have an experienced criminal defense attorney prepare your “Answer.”

Consequences of a Restraining Order

A court ordered Restraining Order against you can be very restrictive. After officially being notified, there are a variety of effects against you as the person being restrained:

  • You are prohibited from contacting the alleged victim.
  • You cannot do certain things or go to certain places.
  • You may have to leave your home.
  • You may not be able to see your children.
  • You normally are prohibited from owning a gun. (You may be required to turn it in, sell it, or store it somewhere else, and will be unable to buy a gun during the period of the restraining order.)
  • Your immigration status may be affected.
  • If you contact the alleged victim, you will be in violation of the Restraining Order and will be in contempt of court, which can be charged as a misdemeanor, with up to a year in county jail.

DVRO Violations

Violations of a Restraining Order can be charged as a felony or misdemeanor under Penal Code 136.1 and 136.2, and could include jail or prison time if convicted. Under Penal Code 166 criminal charges for contempt of court can be brought if you were aware of the order, failed to obey it if you were able to, and willingly failed to obey it. The court treats criminal contempt of court charges very harshly. Violation of a domestic restraining order may also be prosecuted under PC 273.6. This code addresses the intentional violation of a restraining order that has been issued.

If you have been served with a restraining order, you need the expert advice and experience of a criminal defense attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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What is Assault, Battery, and Aggravated Assault?https://www.sevenslegal.com/criminal-attorney/assault-battery-aggravated-assault/183/Tue, 23 Dec 2014 16:00:38 +0000https://www.sevenslegal.com/criminal-attorney/assault-battery-aggravated-assault/183/If you have been accused of assault, assault and battery, or aggravated assault, you may be wondering what the differences are.If you have been accused of assault, assault and battery, or aggravated assault, you may be wondering what the differences are. While they all involve one person doing intentional harm to another person, crimes involving physical attacks can be assaults or batteries or both. Depending on the seriousness of the attack, charges can be elevated to the most serious one of aggravated assault.

What is “Assault”

Assault is defined as the intentional act of causing another person to be afraid they are going to experience physical harm. While this is a broad definition, since actual physical harm doesn’t have to be involved, assault is the fact that a person fears imminent harm from another person. The broadness of this definition permits the police to intervene to prevent any actual harm to the person.

What is “Assault and Battery”

Assault and battery were originally considered to be separate crimes. While assault is the fear of impending physical harm, battery is defined as the actual physical harm done to a victim. While “assault” can be considered the beginning, “battery” can be consider the ending. Most statutes now do not make a distinction between these two offenses.

What is “Simple” and “Aggravated Assault”

Depending on the seriousness of the potential harm that may occur to a victim, many states make a distinction between “simple” and “aggravated assault.” Aggravated assault is a felony which may involve an assault with a weapon, or the intention to commit a serious crime. It can also be classified as aggravated assault if there is any legally regarded “special protection” relationship involved. If the assault is classified as simple assault its usually charged as a misdemeanor. In some states the seriousness of the assault may be classified as “first,” “second,” or “third” degree assaults, in which case a “first” degree assault is the most serious one.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Keep Holiday Packages Theft Freehttps://www.sevenslegal.com/criminal-attorney/holiday-packages-theft-free/182/Mon, 22 Dec 2014 16:00:42 +0000https://www.sevenslegal.com/criminal-attorney/holiday-packages-theft-free/182/Police report that cross the country the package theft has increased. Even if thieves are caught in the act on video cameras, they still get escape arrest.While the holiday season may brings good tidings, it also brings out the Grinch to steal holiday packages from porches.

Theft of Holiday Packages

Police report that cross the country the package theft has increased. Even if thieves are caught in the act on video cameras, they still get escape arrest. CyberMonday this year was the biggest since 2010, meaning more packages will be delivered to porches, easy picking for thieves. Although statistics are not available, UPS spokesman Andy McGowan has stated “a very small number” of packages are stolen.

Protecting Against Package Theft

Even if package theft is not higher than normal, you can still take measures to protect yourself and your packages.

Add “Signature Confirmation” for Your Package

Whether shipping a package or requesting a package be shipped to you, for a small fee you can add “Signature Confirmation” to make sure somebody signs for it when it is delivered. Although not foolproof, it increases the chance your won’t be left unattended on a porch for a thief to steal.

Premium Package Delivery Control Programs

Both UPS and FedEx allows you to set up delivery windows for a $5-$10 fee. Members of UPS’s “My Choice” program can make as many requests such as these for a $40 annual fee. FedEx’s “Delivery Manager” program has free options such as a 14-day vacation hold, and you can also specify a location where your delivery can be placed, such as behind plants, gates, or grills.

Shipping to Local Mail Facility

Major mail carriers let you re-route your packages to a local mail office. UPS spokesman McGowan notes,“These centers can serve as a ‘mailroom receiving agent’ and offer a real street address, secure 24-hour access (at participating locations) and email or text notification when you have a package waiting.” For FedEx this is free, but both UPS and USPS charge a fee. UPS also accepts packages from other carriers.

Trusted Neighbor or Friend

If you’re not going to be home to when a package is scheduled to be delivered, you may be able to ask a neighbor or friend to wait for your package for you. According to Sheriff Anthony Wickersham of Michigan’s Macomb County, “Neighbors protect neighbors by flagging suspicious activity to each other and the police.”

Don’t Be a Package Thief Victim

If you become a victim of package theft, check your credit card to see if they offer theft protection. File a police report of the theft, then send the report and any additional information to your credit card company. Most major credit cards will refund purchases up to $500, $1000, or more, depending on their policies.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Should You Be Punished for Your Child's Juvenile Crime?https://www.sevenslegal.com/criminal-attorney/punished-childs-juvenile-crime/165/Fri, 19 Dec 2014 16:00:13 +0000https://www.sevenslegal.com/criminal-attorney/punished-childs-juvenile-crime/165/The debate of whether parents should be blamed and held responsible for juvenile crime has been going on for quite some time.Parental Punishment and Juvenile Crime

The debate of whether parents should be blamed and held responsible for juvenile crime has been going on for quite some time. If they should, how extreme should the punishment be? Should it include fines and incarceration, or should it depend on the crime and perhaps age of the child?

Are Parents to Blame for Juvenile Crime?

The answer to this question depends on the state the juvenile crime was committed in. In California, in an effort to prevent gang activity, a law was passed making it a crime if parents do not “exercise reasonable care, supervision, protection, and control” of their children. This California law makes it possible for parents to serve time in prison if they do not supervise their children. Other states also have laws such as this, holding parents wholly or partially responsible if their children commit juvenile crime. This type of legislation has existed as long as 150 years.

Parental Punishment for Juvenile Crime

Punishment for children disobeying the law ranges from fees in juvenile court to being assigned to counseling programs as well as community service. In more extreme cases, parents can be arrested for the actions of their children. If guns are involved, specific Child Access Prevention (or CAP) laws exist that can result in prison sentences and/or fines for the parents.

Arguments Against Parental Punishment Laws

Parental punishment laws have some opposition. The main opposition being the fact that such laws for parental responsibility are unconstitutionally broad. A 2005 study found 69% of participants felt parents were partially responsible for the juvenile crimes their delinquent teens committed. However, the study found these same participants were reluctant to agree when it came to these parents being incarcerated.

If your child has been accused of a juvenile crime, you need the expert legal advice of a criminal defense attorney. Contact Sevens Legal Criminal Lawyers today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Mexican Mafia Members Targeted by FBI for Federal Crimehttps://www.sevenslegal.com/blog/mexican-mafia-members-targeted-fbi-federal-crime/152/Thu, 18 Dec 2014 16:00:57 +0000https://www.sevenslegal.com/blog/mexican-mafia-members-targeted-fbi-federal-crime/152/On 12/10/14, East Los Angeles homes were raided searching for 38 gang members allegedly tied to the Big Hazard gang and Mexican Mafia for federal crime.On December 10, 2014, East Los Angeles homes were raided by law enforcement officers searching for 38 gang members allegedly tied to the Big Hazard gang and Mexican Mafia. Individuals were arrested for federal racketeering for crimes ranging from theft to drug dealing and murder.

28 Federal Crime Arrests

The raid was led jointly by Los Angeles police enforcement and the FBI. FBI spokeswoman Laura Eimiller stated that 28 of the 38 people named that were targeted were arrested. Of the remaining ten, seven had already been arrested and one was killed over the weekend in a shooting currently under investigation.

Federal Crime Charges

A news conference was held by the U.S. attorney’s office about the charges and investigation into the gang. In addition to those arrested, 4 other named co-conspirators who are allegedly members of the Big Hazard gang and are “made members” of the Mexican Mafia, are currently serving life sentences. These 4 members are able to issue orders from prison.

The indictment states the Mexican Mafia controls crimes and drug dealing by Latino gangs outside as well as inside prison. The alleged gang members deal heroin, methamphetamines, crack cocaine, sell guns, and collect “taxes” from other drug dealers.

The Big Hazard gang, started in the 1940’s, got it’s name from nearby Hazard Park, and has approximately 350 members. Its headquarters is in the Ramona Gardens housing project.

If you have been accused of gang activity you need the expert advice of a criminal defense attorney. Contact Sevens Legal Criminal Lawyers today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Facing Grand Theft Charges Against Fire Department Chiefhttps://www.sevenslegal.com/blog/facing-grand-theft-charges-fire-department-chief/150/Wed, 17 Dec 2014 16:00:27 +0000https://www.sevenslegal.com/blog/facing-grand-theft-charges-fire-department-chief/150/San Mateo Fire Chief Mark Ladas and his wife, Peta, are facing grand theft charges for having participated in a financial scheme to obtain almost $35,000.San Mateo Fire Chief Mark Ladas and his wife, Peta, are facing grand theft charges for having participated in a financial scheme to obtain almost $35,000.

Fire Chief Facing Grand Theft Charges

The San Mateo County District Attorney’s Office reports that Fire Chief Mark Ladas of the San Mateo County’s Central County Fire Department and his wife, Peta Ladas, has allegedly been involved in grand theft in a fraudulent activity to receive almost $35,000 from tax evasion and the filing of false tax returns.

Ladas, the appointed Fire Chief since April 2013, was arrested on December 3rd, 2014. He will remain in custody on an $80,000 bond on six counts for grand theft. According to Deputy District Attorney Karen Guidotti two counts are for tax evasion and two are for the filing of false tax returns. While Ladas is under investigation for grand theft, Deputy Chief John Kammeyer will serve as acting chief. During the investigation Ladas will remain on paid administrative leave.

Grand Theft Investigation of Peta Ladas

According to Deputy District Attorney Karen Guidotti, the arrest of Ladas occurred after the ongoing investigation of the complicated financial scheme originally conducted by Peta Ladas, his wife, who has since fled the country to escape arrest.

Grand Theft Financial Scheme a White Collar Crime

DDA Guidotti explained that between January 2011 and June 2013 Peta allegedly used numerous false names to open fraudulent credit cards which she then used to set up false businesses. After using the cards for false business transactions, she deposited the funds into bank accounts which were also opened using false names.

Although Peta was arrested on December 18th, 2012, she successfully posted the $10,000 bail required for her release and fled the country. Since then she has remained a fugitive, and if found will face similar charges as her husband, plus additional charges.

Between posting bail and fleeing, she stayed in a Burlingame hotel where she left a wallet with her husband’s ID as well as fake credit cards. When the maid found the wallet she immediately turned it in to the Burlingame police. The discovery of the wallet and it’s contents began the investigation into Mark Ladas’ involvement.

Investigation into the grand theft discovered almost $35,000 in fraudulent funds that had been deposited into three different bank accounts under Mark Ladas’ control. Further investigation revealed the Ladas’ 2011 and 2012 tax returns had not claimed this additional income.

If you have been accused of grand theft, or other white collar crime you need the expert advice of a criminal defense attorney. Contact Sevens Legal Criminal Lawyers today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Grandparents and Drug Crimehttps://www.sevenslegal.com/blog/grandparents-drug-crime/148/Tue, 16 Dec 2014 16:00:10 +0000https://www.sevenslegal.com/blog/grandparents-drug-crime/148/Recent studies indicate drug crime is on the rise at an alarming rate among people over 50.Recent studies indicate drug crime, as well as other criminal behaviors, are on the rise at an alarming rate. While this is not necessarily unusual, the study finds these types of crimes are rising among people over 50.

Why Grandparents May Turn to Drug Crime

With people living longer and healthier lives, they may need more money to sustain them during their retirement years. With the price of drugs rising, grandparents may decide to sell their unused painkillers, such as OxyContin and Vicodin, for cash. Reports indicate that painkillers can bring in anywhere from $50 to $80 per pill.

The Florida Department of Corrections has reported that the number of elderly prisoners has increased annually by over 1,000. Between 2000 and 2014, the elderly prison population increased from 5,605 to 21,002, which is approximately 9.9% incrase per year. Compared to the growth rate of the general prision population, this rate is over three times higher.

Other Reasons for Drug Crime

In additional to financial factors driving the increase, other reasons include feelings of isolation, loneliness, depression, anxiety, stress, boredom, and also just “not giving a damn.” Another much sadder reason is that in many cases where an elderly man may have lost their spouse or loved one, jail is preferable to home since it ensures they’ll have three meals a day, every day, as well as the company of others.

Other Crimes in Addition to Drug Crime

In addition to drug crime being on the rise, shoplifting and drunk driving are also common in the 50+ age group, as well as sexual offenses, distribution and illegal use of drugs, and violent crimes. In the 50+ age group murder has risen by as much as 15% just this past decade. Arrests for drug crimes has tripled as well.

If you have been charged with a drug or other crime, no matter what your age, you need the advice and guidance of a criminal defense attorney. Contact Sevens Legal Criminal Lawyers today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Reasons Why You Need to Hire a Criminal Defense Lawyerhttps://www.sevenslegal.com/criminal-attorney/reasons-need-hire-criminal-defense-lawyer/147/Mon, 15 Dec 2014 16:00:33 +0000https://www.sevenslegal.com/criminal-attorney/reasons-need-hire-criminal-defense-lawyer/147/When faced with serious penalties or spending time in jail or prison, you need to retain a criminal defense lawyer to represent you in court.When faced with serious penalties or spending time in jail or prison, you need to retain a criminal defense lawyer to represent you in court. All criminal cases are different, so the first thing a criminal defense lawyer can determine is what arguments and factors can be used to remove any charges pertaining to the alleged crime.

A Criminal Defense Lawyer Can Reduce Sentencing with “Plea Bargains” or “Deals”

In order to get a reduced sentence, your criminal defense lawyer with help negotiate a “deal” or “plea bargain” with the prosecutor. In some cases it will not only reduce your sentence but in many cases may even eliminate some if not all the charges against you. If the court finds you guilty of the charges, a criminal defense lawyer may be able to negotiate lesser time served or a rehabilitation program which can help prevent you winding up in the criminal justice system again. When discussing your case, your criminal defense lawyer can advise the best way to go in order to reduce your sentence. Sometimes pleading guilty can result in your having a shorter sentence.

Your Criminal Defense Layer and Emotional Help

While a criminal defense lawyer isn’t a therapist, they may help you deal with the emotions that accompany criminal trials. They can help by explaining the realities of the legal system and discuss what you may be up against during trial. Since they are well versed in the system, your criminal defense lawyer can also go over court rules and regulations, and the best way to navigate through the system. Also critical in negotiating a reduced sentence are the “unwritten rules” which a criminal defense lawyer is also well versed in.

Your Criminal Defense Lawyer and Accessibility

When it comes to evidence and witness statements, a criminal defense lawyer is better able to procure the necessary evidence and statements in order to help build your case. Witnesses may fear for their safety if speaking openly, but discussions with a criminal defense lawyer can help alleviate their fears in order to provide the testimony necessary to help clear your case.

If you are faced with criminal charges and possible jail time, you need to consult a criminal defense lawyer as soon as possible. Contact Sevens Legal Criminal Lawyers today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Sexual Assault Allegations at LA Universityhttps://www.sevenslegal.com/sexual-assault/sexual-assault-allegations-la-university/141/Fri, 12 Dec 2014 23:04:55 +0000https://www.sevenslegal.com/sexual-assault/sexual-assault-allegations-la-university/141/Sevens Legal Criminal Lawyers is San Diego's premier sexual assault lawyers. We offer a free consultation. Call us today at (619) 430-2355.Loyola Marymount University in Los Angeles is warning their students to stay away from events associated with any unrecognized off-campus fraternities.

Rape Allegation Report

Over 9,000 students and other members of the Loyola Marymount University campus community in Los Angeles were sent a rape report about the November 1st investigation into the reported sexual assault at a party by the Sigma Alpha Epsilon fraternity. Although this fraternity is listed on the LMU website, its not registered with the University. This sexual assault report is just one of many made at events hosted by this fraternity. The rape report stated, “Based upon this new information, and given the potential for ongoing safety and security risks, the University strongly recommends that all students and LMU community members consider avoiding events affiliated with, organized, hosted or sponsored by SAE.”

Investigation of Sexual Assault Allegations by LAPD

The report stated that the LAPD and campus security are both investigating these allegations brought against the fraternity. The Sigma Alpha Epsilon fraternity is located approximately three miles from the LMU campus in Westchester. According to a local resident, the parents of an alleged victim has been handing flyers out warning their neighbors that “a violent rape/strangulation occurred in your neighborhood.”

In addition to LAPD and campus security, the national headquarters of Sigma Alpha Epsilon is also investigating the sexual assault allegations where members of “our group at Loyola Marymount University may have been present.” In an email, fraternity spokesman Brandon Meghorst wrote, “Any form of assault or sexual misconduct is unacceptable, and we will not tolerate actions that are inconsistent with our values.”

College Campus Sexual Assault Report in Rolling Stone

Sexual assaults such as the alleged case at LMU recently came to light in a Rolling Stone Magazine article about a woman being gang raped at a University of Virginia fraternity house. The article sparked national debate about college campus security and how colleges deal with rape allegations. Rolling Stone has now stated the woman’s story had discrepancies.

If you have been accused of sexual assault, you need the expert advice of a criminal attorney. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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California's Implied Consent and Blood Alcohol Testshttps://www.sevenslegal.com/criminal-attorney/californias-implied-consent-and-blood-alcohol-tests/140/Thu, 11 Dec 2014 22:43:36 +0000https://www.sevenslegal.com/criminal-attorney/californias-implied-consent-and-blood-alcohol-tests/140/When you receive a California driver's license it comes with certain legal obligations one of which is implied consent to blood alcohol tests for DUI.When you receive a California driver’s license it comes with certain legal obligations, one of which relates to tests if you are stopped for a suspected DUI (i.e., “Driving Under the Influence”).

By applying for and receiving a California driver’s license you have given “implied consent” to undergo a field sobriety test if you are pulled over for a possible DUI, and if you fail the field sobriety test you also have already agreed to have a blood alcohol test.

“Implied consent” is part of the automatic agreement you make with the state when applying for a California driver’s license. This “implied contest” for field sobriety and blood tests is in exchange for your right to drive in California.

If you are pulled over by a police officer for suspected intoxication, the officer may request you take a preliminary test called a “Field Sobriety Test.” This test involves both physical and mental exercises to establish a probable cause for a DUI. This test is now considered a “standardized field sobriety test” under the guidelines set by The National Highway Traffic and Safety Administration (NHTSA).

If you fail the field sobriety test, the officer may decide to arrest you for possible DUI. If this occurs, you will be requested to take either a blood alcohol test (“BAC”) or a “Breathalyzer” test. The Breathalyzer Test is more common and easier to administer. If neither a blood test nor breath test is available, you may be required to take a urine test.

Refusing any of these tests is no guarantee that you will avoid being convicted of DUI.

If you have been suspected of a DUI, you need expert legal advice. Contact Sevens Legal Criminal Lawyers, for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Bill Cosby's Sexual Assault Allegationshttps://www.sevenslegal.com/criminal-attorney/bill-cosbys-sexual-assault-allegations/137/Wed, 10 Dec 2014 19:51:40 +0000https://www.sevenslegal.com/criminal-attorney/bill-cosbys-sexual-assault-allegations/137/Due to all the recent sexual assault allegations about Bill Cosby, the LAPD has decided to examine previous allegations against him of sexual assault.Due to all the recent sexual assault allegations surrounding actor Bill Cosby, the Los Angeles Police Department has decided to examine previous allegations against him of sexual assault.

Allegations of Sexual Assault Against Cosby

While previous sexual assault allegations against Bill Cosby were considered too old to pursue, in light of more current allegations LAPD Chief Charlie Beck recently announced his detectives would be investigating all sexual assault complaints against the actor, including those that may have exceeded the statute of limitations. Recently a new case has been filed with LAPD.

Old Sexual Assault Cases Revisited

While Chief Beck’s statements related more to the Cosby allegations, it also represents a new movement for the investigation of older sexaual assault cases in order to establish the patterns of behavior in these cases, especially where the suspects were later accused and/or convicted in another crime. Chief Beck stated, “We don’t turn people away because things are out of statute. You come to us, especially with a sexual allegation, we will work with you. We address these things seriously, and it’s not just because it’s Mr. Cosby.”

Rape Allegations Laws in California

The legal deadline for adult victim rape allegations under California law is 10 years. For assaults involving minors, prosecution for the assault can be pursued if it occurred after 1988. If more recent incidents occur that relate to older allegations, LAPD officials can open sexual assault allegations that are outside of the statute of limitation, such as in the Cosby case. As stated by LAPD spokesman Cmdr. Andrew Smith, “Unfortunately, sexual offenses tend to be serial offenses. You find victim after victim after victim.”

LAPD Capt. Fabian Lizarraga further stated, “All victims deserve to be heard. It doesn’t matter if it’s out of statute or not.”

If you’ve been accused of sexual assault, you need the expert advice of criminal attorneys. Contact Sevens Legal Criminal Lawyers, for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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Domestic Violence in Californiahttps://www.sevenslegal.com/criminal-attorney/domestic-violence-in-california/86/Mon, 08 Dec 2014 22:10:29 +0000https://www.sevenslegal.com/criminal-attorney/domestic-violence-in-california/86/Domestic violence can occur in families from the all economic spectrum, irregardless of race, age, sexual orientation, religion, or gender.As witnessed by recent national news headlines, domestic violence can occur in families from the highest levels of the economic spectrum, irregardless of race, age, sexual orientation, religion, or gender. Education and social standing have no bearing on occurrences of domestic violence. Domestic violence occurs in both opposite-sex and same-sex relationships and can happen to intimate partners who are married, living together, or just dating. Wherever there are people and family relationships, there exists the possibility of domestic violence.

California identifies domestic violence when an individual commits a criminal act within one of the types of relationships specified by the Penal Code: spouse or former spouse; cohabitant or former cohabitant in a home; a parent with whom the individual has a child; or a partner in a dating relationship.

In cases of domestic violence, state law provides a prosecutor with a number of criminal charges to pursue based on the severity of the conduct and harm to the victim, along with other circumstances specific to the case.

The Penal Code criminalizes domestic violence under Section 273.5 when an individual’s willful conduct leads to a “corporal injury resulting in a traumatic condition” suffered by a person with whom the individual has one of the familial or intimate relationships specified by the domestic violence laws of California.

Section 242 defines battery as a “willful and unlawful use of force or violence against the person of another.” Section 243(e)(1) of the Penal Code criminalizes battery within one of the specified familial or intimate relationships. Alternatively, a prosecutor can choose to charge the defendant with battery under Section 243(d) if the defendant “inflicted serious bodily injury” on the victim. Battery under Section 243(d) reflects a greater degree of harm suffered by the victim of domestic violence.

A person charged with domestic violence may face a variety of possible consequences. Conviction of a domestic violence charge may result in mandated marital counseling, anger management or alcohol classes, restraining orders and stay away orders. These consequences may be ongoing, even in cases where the parties involved have resolved their differences. They can affect personal and professional lives with negative consequences, when faced with incarceration. When charges are filed as felonies as opposed to misdemeanors, it creates the possibility of the defendant being sent to either county jail or state prison.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619)  297-2800

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Homicide Rates for Domestic Violence Declineshttps://www.sevenslegal.com/criminal-attorney/homicide-rates-for-domestic-violence-declines/879/Mon, 01 Jan 0001 00:00:00 +0000https://www.sevenslegal.com/criminal-attorney/homicide-rates-for-domestic-violence-declines/879/Homicide rates from domestic violence situations in San Diego are on the decline.Homicide rates from domestic violence situations in San Diego are on the decline. A recent article reported that the city is leading the way in reducing deaths from domestic violence. San Diego has the fewest number of deaths from domestic abuse.

Domestic Violence Homicide Declines in San Diego

A resource called the Family Justice Center is being credited with helping to bring down the homicide rates from domestic violence in the city of San Diego. The Family Justice Center provides legal help, medical assistance, therapy and other services to domestic violence victims.

Common Cliches About Domestic Violence

Despite the usual images of domestic violence society has, anybody can be a domestic violence victim. It doesn’t matter what sex, age, culture, race, education, religion, employment, or marital status they have. While women are the usual victims, men can fall prey to domestic violence as well. Women may be suspicious of strangers, but it’s usually those closest to them, such as a lover, husband, boyfriend, or other family member, who is the mostly likely person to victimize them.

It is estimated that one out of every four women will experience some form of domestic violence during her lifetime. In the United States the leading cause of injury to women between 15 and 44 is domestic violence. This is more than muggings, rapes, and car accidents combine. It is estimated that every 15 seconds in the United States a woman becomes a victim of domestic violence at the hands or her husband or partner. Approximately three to four million women in the U.S. are beaten by husbands or ex-husbands or male lovers each year in their homes.

A critical change happens when women try to leave their relationships because of some level of abuse. Frequently upon leaving the relationships they end up living in poverty. It’s a difficult choice but better than living with domestic violence. In spite of the dangers of domestic violence, there are a number of cultural and social factors that try to encourage women to stay in abusive relationship to try and make things work. It’s difficult when the violence is a long-standing pattern for both the woman and her partner.

Men who abuse their wives or girl friends frequently says it’s because their wives or girl friends are terribly inadequate. “She’s too lazy and doesn’t do what I tell her!” It is evident these abusive men are dependent on their partners. Some factors that leads such men to violence includes emotional withdrawal, fear of rejection, and/or abandonment. Similar to women who are incapable of leaving abusive relationships, men who batter their wives and children also tend to be psychologically incapable of leaving such a relationship.

While women are usually thought of as being victims of domestic violence, men are often victims more than most people realize. While men tend to be physically stronger, it doesn’t mean they can always escape domestic violence in the relationships they have. Unlike women, a man who is abused doesn’t have the resources women do, must face skepticism by police, and encounter major legal obstacles, especially involving trying to gain custody of their children having an abusive mother.

Male victims of domestic violence has to deal with issues their female victims don’t have to. Both genders are hesitant to report domestic abuse because of embarrassment, or the fear of making the situation worse. In addition to embarrassment, male victims have to deal with identity issues of being a man. This is due to the fact they they’re afraid their family and friends will consider them weak if they find out they’re “let” their female partner abuse them. According to a report from the ManKind Initiative, which campaigns for male victims of abuse, statistics show that 38% of domestic abuse victims are actually male.

Domestic Violence Laws in California

California’s Domestic Violence Laws have been, originated in 2000, have been referred to as a patchwork of statues trying to help victims of domestic violence. However, these laws don’t address some of the biggest obstacles faced by victims, even though they make an honest attempt to prevent domestic violence in family and intimate relationship situations.

The state identifies the beginning of domestic violence as the time an individual commits a criminal act according to the relationship type specified in the California Penal Code. These relationships are classified as a spouse or ex-spouse; current or former cohabitant in the home; a parent the individual has had a child with; or a partner in a dating relationship. For most situations of domestic violence, these are adequate classifications.

The California Penal Code Section 273.5 criminalizes domestic violence. According to the code it’s a crime if the conduct of an individual willful leads to a “corporal injury resulting in a traumatic condition” suffered by another person the individual has a familial or intimate relationship with specified in California’s domestic violence laws.

Since the Penal Code criminalizes battery in familial or intimate relationships, prosecutors can decide to charge defendants with battery under Penal Code Section 243(d) if the defendant “inflicted serious bodily injury” on the victim. Under this section, battery is a greater degree of harm the victim suffered due to domestic violence.

Domestic violence and child abuse frequently go hand-in-hand. To address this, prosecutors may also charge a defendant of domestic violence under various other applicable sections of the Penal Code. Based on the crime’s severity and harm to the victim, as well as other circumstances in the case, a prosecutor decides what criminal charges to pursue.

California Penal Code Section 836 has mandates for arrest for when defendant violate restraining orders. This section recognizes the potential consequences dealing with violations of restraining orders as well as the casual treatment police often give these violations. Now California police are required to arrest offenders who violate restraining orders in domestic violence cases. Unfortunately there is no requirement in the legislation for a district attorney to then prosecute these cases of restraining order violations the police sends to them.

The Role Prosecutors Play in Cases of Domestic Violence

Over the years legislators have been given opportunities to address certain aspects, they still have not address crimes such as domestic violence, rape, and child abuse. The district attorney has absolute power to refuse to file charges even if there is solid the evidence for the charge. When this occurs, the victims have no legal remedy. This unrestricted prosecutorial discretion was shown in Sonoma County which has the lowest conviction rate in the state, and cases for violence against women and children tend to be systematically undercharged.

Even though California does a fair job overall when it comes to enforcing domestic violence cases, there is considerable work still to be done in order to make the laws for domestic violence effective in order to protect victims and their children.

Recommendations by the American Bar Association (ABA) is to make legal assistance more accessible and affordable for domestic violence victims and their children by encouraging pro bono work by lawyers in domestic violence cases, increasing legal services and programs that represent parents and children in domestic violence cases, establish legal clinics specializing in domestic violence, and requiring the abusers in domestic violence cases to pay the court costs and attorney’s fees. It is also recommended that judges and law enforcement personnel receive better education and training.

If you are a victim of domestic violence you need the expert advice and support of a domestic violence attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.

Sevens Legal Criminal Lawyers

Criminal Defense Attorneys

3555 4th Ave.

San Diego, CA 92103

Phone: (619) 297-2800

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