Category Archives:criminal defense lawyer san diego

Appellate criminal attorney San Diego - What You Should Know About an Appellate Criminal Attorney

An Appellate criminal attorney San Diego can help you
through the appeal process. One thing you should note is not every
attorney you turn to can serve as an appeals lawyer. There are a number
of qualifications an appellate criminal attorney San Diego has to meet. In this post, we will cover the main things you need to know before hiring a criminal appeals lawyer.Practice description
If you are not satisfied by the court’s ruling on your case, you can
file an appeal. You do this to the appellate courts. The appellate
court is a court higher than the one the verdict was passed. At this
level, your criminal defense attorney San Diego will not be of much
help because the cases are handled differently. This is why you will
need an appellate criminal attorney San Diego.The practice of the appellate criminal attorney San Diego
is concentrated on advocating cases before the federal and state
appellate courts. This includes supreme courts as well as the United
States Supreme Court. The primary role of the criminal appeals lawyer is
to correct error of a trial court’s judge and change the law by
persuading the court of appeals to overturn the decision of a lower
court or to change the interpretation of the statutory law.Job duties
In order to help with the appeals process, the appellate criminal attorney San Diego
will review and analyze all the trial records and all associated
documents. He works painstakingly to identify errors that may have been
made by the trial court. He will then present these errors to the
appellate court and persuade it to make changes in favor of you, the
appellant.Education and experience
The appellate criminal attorney San Diego usually
possesses a J.D. In addition to that, before hiring any criminal
appeals lawyer, it is vital to look at his or her experience. The law
is different in the appeals level and you will need to work with
someone who understands what he or she is doing. Look at the track
record of the attorney too.

Skills
The appellate criminal attorney San Diego may be
experienced and well educated but if he lacks the relevant skills, his
services will not be as admirable. Before you hire an appeals lawyer,
do some research to see if he has exceptional research, writing and
analytical skills. These skills are crucial. If the attorney is not
persuasive enough, you might end up losing the appeal case long before
it gets to the appellate court. The best attorney should have a broad
and practical knowledge of various substantive areas of the law, have
familiarity with the appellate practice, be a good negotiator, possess
excellent interpersonal skills and above all have superior oral
advocacy skills.

Considering not many cases end in favor of the appellate, it is important to hire the most qualified appellate criminal attorney San Diego before
you appeal. Take time when searching for the criminal appeals lawyer
to work with. Recklessness in the hiring of an attorney may simply cost
you the case.

Federal criminal lawyer San Diego - What exactly is a Crime?

A Federal criminal lawyer San Diego can help you get a fair deal even when being charged with the severest of crimes. The problem is people hire a federal criminal lawyer San Diego late. The best time to hire a criminal defense attorney San Diego is as soon as you are arrested. By so doing, the attorney will help you
build a strong case for yourself long before you go on trial. Understanding a criminal offense could help you know when you should hire an attorney.There are two main categories of crime

Property crime Violent crime

Property crime
Just as the phrase states, the property crime is any crime committed when one damages, steals, or destroys another person’s property. This may include stealing a car or vandalizing a building. In the United States, the property crimes are the most common. You should consult with a federal criminal lawyer San Diego when charged with any property crime.

Violent crimes
This category of crimes covers crimes that occur when a person harms or attempts to harm or threatens to harm or conspires to harm another person or persons. The violent crimes involve force or threat of force like robbery, rape, or homicide. You should seriously consider hiring the best federal criminal lawyer San Diego if charged with these crimes.

Some crimes are both property and violent crimes. A good example of such crimes is carjacking a car at gunpoint or robbing a store with a gun.

Omission can also be a crime
There are certain crimes that are neither involve property damage nor violent. Running a stop sign is a good example. This crime puts the public in danger even where nobody is injured and no property is damaged.

There are also crimes that involve no action. Neglect or withholding medication is a crime. In some circumstances, if you know someone that is abusing a child and you don’t report it, you might be charged with a crime for not acting.

Federal, state and local laws The society decides what is and is not a crime. In the United States, all citizens are subject to three separate systems of laws.

Federal laws
These are laws passed by the congress. They apply to everyone in the United States. Some of these laws conflict with the state and local laws. When there is a conflict, the federal laws prevail. A federal criminal lawyer San Diego is the best lawyer to hire if charged under the federal laws.

State laws
These are laws passed by the legislators. They vary from one state to another.

Local laws
These are also known as ordinances. They are passed by the local county or the city governing bodies. These laws control how residents should behave within the community like slowing down in all school zones and disposing the trash properly.

As you may have realized, you may at times be charged with crimes you didn’t know you committed. It is important to hire a good federal criminal lawyer San Diego when this happens. The attorney will help you avoid serious penalties.

Criminal defense attorney San Diego - Understanding the Preliminary Hearing in a Criminal Case

A Criminal defense attorney San Diego is your best  friend when facing criminal charges. His counsel will guide you through the proceedings and help you emerge on top. The primary role of the criminal defense attorney San Diego is to help you prove your case in a way that helps lessen the charges presented against you. Understanding the stages of the preliminary hearing in a criminal case could help you be more at ease during court proceedings.What is a preliminary hearing? When you first step in court, you will be required to plead guilty or not guilty when the charges are read to you. When a not guilty plea is entered, the court will have to determine whether the case is worth taking to trial or not. It is during this time that a preliminary hearing is held. The preliminary hearing is also referred to as the evidentiary hearing. You will need to keep your criminal defense attorney San Diego close at this stage.During the preliminary hearing, the judge will hear the evidence presented by the prosecution against you, the defendant. At a preliminary hearing, the judge will not be listening to the evidence to determine if you are innocent or guilty but rather to determine whether there is enough evidence to proceed to trial. Evidence at the preliminary hearing The prosecution and the defense can both present their witnesses during the preliminary hearing. Your criminal defense attorney San Diego can also cross examine the witnesses of the prosecution. During this hearing, it is the work of the prosecution to convince the judge that the evidence available is enough to go to trial. Your criminal defense attorney San Diego will be working hard to convince the judge that there is no enough evidence. If the evidence is not convincing, the judge will have to dismiss the charges. Grand jury system It is important to note that the preliminary hearing is not held in all criminal cases. It is only held in the case of felonies. The misdemeanor crimes do not have an evidence hearing. There are cases where a grand jury system may be used in place of preliminary hearings. In this case, the jury will listen to the evidence presented by the persecution and determine whether there is any probable cause to believe the crime was actually committed. In the grand jury system, the proceedings are held in secret and behind closed doors. Only the prosecution is allowed to present his witnesses. You, the defendant, and your criminal defense attorney San Diego are not allowed in. The judge is also not present at this time. After hearing all the evidence from the prosecution, the jury will vote ‘true bill’ or ‘no bill’. With the true bill vote, the jury has decided the case should go to trial. You shouldn’t take the preliminary hearings lightly. If you really want to win the case, you should have a good criminal defense attorney San Diego representing you long before you enter your plea. The earlier you get a good lawyer the better.

Federal criminal lawyer San Diego - Sentencing Stages of Criminal Cases

A Federal criminal lawyer San Diego is the first person
you should hire when arrested on criminal charges. This is regardless
of how bogus the charges are. Often times, when people opt to
representing themselves in court, they end up causing more problems due
to contradictions. This may lead to a severe sentencing by the court. A
good federal criminal lawyer San Diego will give you all the legal counsel you need. Away from that, let us look at the sentencing stage of criminal cases.If you are a defendant and you plead guilty or if the jury finds you
guilty, you will face sentencing by the judge. Punishment for your
actions is determined by the severity of the crime you are accused of. A
good federal criminal lawyer San Diego
will help you lessen the seriousness of your case or even help you cut a
deal that will see you walk out of court free. The criminal defense
attorney San Diego understands the law and how the court works and he
will guide you through a path that will result in less severe
consequences.The sentencing stages of a criminal case are as follows.
Presentencing report
When you plead guilty, as part of a plea deal or not, the sentencing
will be done immediately. This is common where the crime is a
misdemeanor or an infraction. Always consult the federal criminal lawyer San Diego
before pleading guilty. On the other hand, if the crime is a felony and
you face serious prison time, the judge will delay sentencing to hear
from the defense, prosecution and to receive a presentencing report
which is given by the local probation department.

Victim impact statements
Prior to sentencing, the judge has to hear the statements from the
victim. The victim’s statements can have a major influence on the
sentence passed by the judge. A good federal criminal lawyer San Diego will help mitigate the impact of such statements.

Possible punishment
During sentencing, the judge has many options when it comes to
punishment. The options can be imposed singularly or in combination.
Common punishments include:

Paying a finePaying restitution to the victim Serving time in jail or prison Serving a time on probation Doing community service Completing counseling, treatment program or education

Discretion in sentencing
There are laws that require mandatory sentencing for certain crimes like child molestation. The federal criminal lawyer San Diego will make you aware of such cases. In other cases, the judge has a wide discretion in how he sentences a victim.

Factors influencing final sentencing

Whether you are a repeat offender or notWhether someone was injured during the crime or notWhether you express genuine regret or remorseNature of the crimeStatements from the victim
Your character and background

The severity of a sentence is mostly influenced by how well you
present your case in court. Therefore, if you fear the punishment for
your crime will be severe, consider hiring the most qualified federal criminal lawyer San Diego.
The more experienced and competent an attorney is the better. Never
leave your freedom to chance when it comes to criminal cases.

Criminal Defense Attorney San Diego - Common Defenses Use by Criminal Attorneys

Criminal Defense Attorney San Diego

Criminal Defense Attorney San Diego

Common Defenses Used by Criminal Defense Attorneys to Excuse Criminal Behaviors
The sole purpose of criminal law is to punish offenders and deter others from committing such acts. At times, in an effort to discourage others from committing such acts in the future, the court may give a sentence that is more severe than the accused is worth serving. When this happens, the best way forward is to hire a reliable appellate criminal attorney San Diego to initiate the appeals process. All in all, you can always avoid severe punishment by working with a reliable criminal defense attorney San Diego from the day you are arrested to the last. A good lawyer will use a defense that may even excuse you of a criminal behavior.

The defense designed by a criminal defense attorney San Diego can be based on a number of things. The important thing is for you to be frank with your attorney. The more information you give the easier it will be for him to come up with a good defense. Some of the defenses used in criminal courts are described below.

Claim you made a mistake
This is a common defense strategy that your criminal defense attorney San Diego may recommend. If the nature of your case gives room for you to prove you acted mistakenly, this approach will work in your favor. A good example is where you picked a piece of timber from a construction site which you thought was waste or abandoned. If arrested and charged with theft, your criminal defense attorney San Diego can help prove innocence and even get you excused from a criminal act. 

You acted under duress
Acting under duress means that you were threatened to commit a crime. This can be used as a defense by a criminal defense attorney San Diego. For this to work, however, you must be able to prove that there was immediate threat of life or severe injury to you or another person. You must also prove you were reasonably in fear of the threat. Third, you must show you had no reasonable way to get away from the situation.

Plead insanity
A man has to do what he has to do, right? There comes a time when the only way out is to plead insanity. You can declare that at the time of the crime, you were insane. If the criminal defense attorney San Diego is able to convince the court of this, you can be declared not guilty. However, you may also be found insane and guilty at the same time.

Change your mind about a crime
If you can be able to convince the court that you changed your mind prior to the crime and worked reasonably hard to stop your accomplices, you can use this as a defense.

There are many defense approaches that a criminal defense attorney San Diego will use based on the nature of your case. Make sure you discuss the approach with him before heading to court. If you agree with the approach, heed to the advice of your lawyer and don’t veer off course.


Criminal Defense Attorney San Diego - Understanding Traffic Court Sentences

Criminal Defense Attorney San Diego

Criminal Defense Attorney San Diego

Criminal Defense Attorney San Diego – Understanding Traffic Court Sentences
There are certain traffic offenses that may attract criminal charges. This is common when you are arrested for drunk driving. This is a very serious crime and if you are found guilty, you can serve serious jail time or pay heavy fines. Therefore, if you are told or suspect the traffic offense you were arrested for was a criminal offense, the first thing you should do even before you are interviewed by the police is to get a good criminal defense attorney San Diego. The sooner you do this the better the defense your attorney will be able to come up with.

Not all traffic offenses lead to criminal charges
At times, no matter how hard you try, you find yourself on the wrong side of the law. Often, in the case of minor violations, all you get is a ticket from the police officer. The ticket will state whether you should appear in court or pay a fine. If your ticket asks you more than just paying a fine, you should consider talking to a criminal defense attorney San Diego. This is particularly so if the stated offense is a serious one.

Sometimes you have to appear in court
There are certain traffic offenses that ultimately lead to court hearings in the traffic court. Such offenses include driving at a dangerous speed and driving without a valid license. In this case, you may be asked to appear in the traffic court. The offenses that lead to court hearings have severe consequences. You should seek legal counsel from a criminal defense attorney San Diego. As you may already know, the law is not as obvious. Even the simplest of offenses can escalate.

When pulled over for DUI
Often, the police office will not know that you are drinking and driving. There are, however, some giveaways such as driving above the speed limit or swerving. It is easy to get away but if you are arrested for drunk driving, things may get more serious real fast. The officer may ask you to submit to a breath test and perform some exercises such as walking a straight line or answering simple questions. If you fail this test and are arrested, it is a good time to hire a criminal defense attorney San Diego. Some DUIs are often considered to be criminal offenses.

Why get a lawyer?
The first reason you should get a criminal defense attorney San Diego after being arrested for DUI is so as to avoid severe sentencing. Possible punishments for DUI include serving jail time, paying hefty fines, the temporary or permanent loss of the driver’s license and being ordered to complete a substance abuse treatment program.

After an arrest, things tend to move a bit fast. If you don’t already have a criminal defense attorney San Diego in your contacts, you may end up contradicting yourself severely. To avoid scenarios where you experience the full force of the law for a simple offense, find a good lawyer in advance. You can just keep his contacts. You never know when you might be arrested for a criminal offense.  


Criminal Defense Attorney San Diego -Do You Need a Criminal Defense Attorney When Arrest for Drunk Driving?

Criminal Defense Attorney San Diego

criminal defense attorney San Diego

Do You Need a Criminal Defense Attorney When Arrest for Drunk Driving?
Did you know some traffic offenses fall under the criminal law? You may be arrested for a simple crime but after some time, things get out of hand and you may end up serving serious time behind bars. For example, drugs may be found in your trunk later on. Though you will rarely need a criminal defense attorney San Diego when arrest for drunk driving, ask the arresting officer about your charges.

Naturally, the law firm you contact will tell you to hire an attorney that defends drunk drivers. What most attorneys will not tell you is that driving under the influence (DUI) is a serious offense. If not handled properly, it may have a negative impact on your future and employment. If you are being arrested for causing an accident, the best path to take is that of working with the best criminal defense attorney San Diego.

Traffic laws have changed
A few decades ago, with the help of a criminal defense attorney San Diego, it was possible to plead to lesser charges or simply pay a fine and walk home after being arrested for drunk driving. This, however, changed when all the 50 states passed the Drunk Driving per se and other laws. These laws call for mandatory adjudication for anyone arrested for intoxicated driving. According to this law, if your blood-alcohol content was more than 0.08 when being arrested, you are guilty of driving while intoxicated. This is regardless of whether you were staggering or not.

What will the attorney do?
Get you ready
It is good to hire a criminal defense attorney San Diego after being arrested for drunk driving or for other serious traffic offenses. Do not be tempted to represent yourself. The attorney will ensure you are prepared to go to court. He will help you understand the traffic offense you are being charged with and help you complete the necessary requirements before heading to court.

Getting insurance and paying fees
The attorney will help you get insurance such as the SR-22 auto insurance and file the proper forms with the motor vehicles. In addition to helping you with the case, the criminal defense attorney San Diego will offer assistance in completing all necessary programs required by the state. Generally speaking, the attorney will guide you through the legal process using a method he knows will earn you a fair trial and help you get all your privileges restored.

There are many attorneys to choose from in San Diego. The downside is not all of them are worth working with. If you can afford to pay a criminal defense attorney San Diego after being arrested on a criminal offense, hire the best you can find. However, if you are strapped for cash, request for a court assigned attorney. Do not risk representing yourself. The law can be complicated. When representing yourself, you might end up causing more harm than good. Get legal counsel. Always contact an attorney as soon as possible even before you are interviewed by the police.

Criminal Defense Lawyer San Diego-Hiring a Criminal Defense Lawyer for a Traffic Offense

Criminal Defense Lawyer San Diego

criminal defense lawyer san diego

Hiring a Criminal Defense Lawyer for a Traffic Offense
Even the simplest of traffic offense can turn around and haunt you for the rest of your life. In fact, some people arrested for traffic offenses end up facing criminal charges. The wise thing to do after an arrest is to ask about the charges then go ahead and hire an attorney. If the charges are criminal related, hiring a criminal defense lawyer San Diego instead of the usually DUI lawyer will give you an advantage.

What happens after the arrest?
It is obvious you are innocent until proven guilty. This rule does not, however, apply in the case of drunk driving. If you took a breath test and it recorded 0.08 or above, then you are convicted of DUI. With this test, it does not matter if you are able to walk in a straight line or stand on one foot. So long as the reading is 0.08 or above, you are guilty. DUI is a serious offense. If arrested for the use of illegal drugs, a good criminal defense lawyer San Diego will help you through the case.

Consequences of traffic offenses include:

  • Paying fees and fines
  • License revocation for a specified period of time
  • Jail time
  • Performing community service
  • Mandatory drug or alcohol programs

Hiring an attorney
In San Diego alone, there are dozens of attorneys to choose from. Even so, there are a couple of considerations you can make to weed out incompetent criminal defense lawyer San Diego.

Look at the track record
Prior to hiring a criminal defense lawyer San Diego, the first thing you should look at is the track record. It is no longer enough to look at the number of years an attorney has been in business. To verify the lawyer is proficient to represent you, you need to pay attention to the cases he has taken to trial and the results he achieved. If the results are poor, then this is not the best attorney to hire. 

Consider customer service
In the case of customer service, you need to consider the relationship the criminal defense lawyer San Diego has with his clients. Does he offer undivided attention? Are his former clients satisfied by the way he related with them? When hiring a lawyer, you need one that will be willing to listen to your needs and give you all the legal counsel you need. If you don’t feel comfortable working with an attorney, consider a different firm.

Ask for recommendations
When searching for an attorney, recommendations from people who have worked with criminal attorneys work like a charm. The information you get regarding an attorney is based on facts other than assumptions. Turn to friends and compile a list of the most promising attorneys in your area.

Service fees
Last but not least, look at the service fees. The last thing you want is to end with financial problems at the end of the case or be forced to fire your lawyer because you can no longer afford him. Never hire a criminal defense lawyer San Diego that is out of your financial reach.

Re: Do You Need a Criminal Defense Attorney When Arrest for Drunk Driving?

Do You Need a Criminal Defense Attorney When Arrest for
Drunk Driving?

Did you know some traffic offenses fall under the criminal
law? You may be arrested for a simple crime but after some time, things get out
of hand and you may end up serving serious time behind bars. For example, drugs
may be found in your trunk later on. Though you will rarely need a criminal defense attorney San Diego when arrest for drunk
driving, ask the arresting officer about your charges.

Naturally, the law firm you contact will tell you to hire an
attorney that defends drunk drivers. What most attorneys will not tell you is
that driving under the influence (DUI) is a serious offense. If not handled
properly, it may have a negative impact on your future and employment. If you
are being arrested for causing an accident, the best path to take is that of
working with the best criminal defense attorney San Diego.

Traffic laws have changed

A few decades ago, with the help of a criminal defense attorney San Diego, it was possible to plead to
lesser charges or simply pay a fine and walk home after being arrested for
drunk driving. This, however, changed when all the 50 states passed the Drunk
Driving per se and other laws. These laws call for mandatory adjudication for
anyone arrested for intoxicated driving. According to this law, if your
blood-alcohol content was more than 0.08 when being arrested, you are guilty of
driving while intoxicated. This is regardless of whether you were staggering or
not.

What will the attorney do?

Get you ready

It is good to hire a criminal
defense attorney San Diego
after being arrested for drunk driving or for
other serious traffic offenses. Do not be tempted to represent yourself. The
attorney will ensure you are prepared to go to court. He will help you
understand the traffic offense you are being charged with and help you complete
the necessary requirements before heading to court.

Getting insurance and paying fees

The attorney will help you get insurance such as the SR-22
auto insurance and file the proper forms with the motor vehicles. In addition
to helping you with the case, the criminal
defense attorney San Diego
will offer assistance in completing all
necessary programs required by the state. Generally speaking, the attorney will
guide you through the legal process using a method he knows will earn you a
fair trial and help you get all your privileges restored.

There are many attorneys to choose from in San Diego. The
downside is not all of them are worth working with. If you can afford to pay a criminal defense attorney San Diego after being arrested on a
criminal offense, hire the best you can find. However, if you are strapped for
cash, request for a court assigned attorney. Do not risk representing yourself.
The law can be complicated. When representing yourself, you might end up
causing more harm than good. Get legal counsel. Always contact an attorney as
soon as possible even before you are interviewed by the police.

On Mon, Jun 9, 2014 at 9:02 PM, TIMOTHY KAMUNYE <timokm2000@gmail.com> wrote:

 

Criminal Defense Attorney San Diego - A Look at Juvenile Cases

A Look at the Juvenile Cases
There is no handbook for bringing up a child. Even the best of parents find out that their kids have been accused of a crime. If your child is too young to be prosecuted, he or she is considered a juvenile offender. Though the term may sound light, it can affect your child’s life now and in the future. The important thing is to find the best criminal defense attorney San Diego for your child.

The sole purpose of the juvenile court system is to handle the youth offenders by rehabilitating them rather than punishing. However, if the crime committed is serious, even the juvenile can be prosecuted like an adult. A good criminal defense attorney San Diego can help avoid this.

Age
Each state defines age for juvenile offenders. Mostly, kids below the age of 18 are considered juvenile offenders if they do something that would otherwise be considered a crime when done by an adult. 

Juvenile court
After being arrested, the offender is sent to the juvenile court. There are discretions in juvenile courts. For example, after being brought in court, the judge can evaluate whether the offender could benefit from the counseling program without the formal need for court proceedings.

Even after the formal court proceeding, the juvenile court has many other sentencing options to consider. Some of them include placing the offender in foster care or group home or ordering counseling or electronic monitoring or home detention. The sentencing options are mainly dependent on the severity of the offense. Considering there are situations that may cause your child to be tried as an adult, it is wise to consider working with a criminal defense attorney San Diego every step of the way. The attorney may help you get a good deal.

Transfer to adult court
Juvenile offenders may be moved to the adult court. There are state laws that stipulate when a juvenile may be tried as an adult. This is done mostly where serious crimes are involved like murder or where the juvenile is a repeat offender. Most states do not have age restrictions for transfer of juvenile offender to the adult court. Once transferred to adult court, there is a good chance the juvenile will be tried in adult courts for all future offenses. To avoid the worst, seek help from a criminal defense attorney San Diego.

Records can be sealed
Considering the discretion in juvenile courts, the records can be sealed. This happens mostly after the juvenile offender has become an adult. The juvenile records may either be expunged or sealed. This is, however, not automatic. There are certain circumstances that are needed. A good criminal defense attorney San Diego can help with the sealing of records.

When sealing juvenile records, you must file a written request to the court. The court may then order all government agencies to expunge or seal the records. All in all, it is important to note that this order does not apply to the non-governmental record sources like media reports. The criminal defense attorney San Diego will make you aware of all your options.