Category Archives:federal criminal lawyer

Information on Federal Criminal Lawyer

Federal criminal lawyer San Diego - What exactly is a Crime

The 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.

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.

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.

Federal Criminal Lawyer San Diego- What makes Up a Sex Crime?

Federal Criminal Lawyer San Diego

federal criminal lawyer san diego

What Makes Up a Sex Crime?
Did you know force or threats don’t have to be involved for a sex crime to be committed? You should get a good criminal defense attorney San Diego once charged with a sexual offense. This is regardless of whether you are innocent or guilty. So, what is a sex crime? A sex crime takes place where the offender knowingly causes another person to engage in an unwanted sexual act by force or by threatening. Both the state and the federal government prosecute sex crimes. Cases that cross over to the federal level attract severe penalties and are more severe. It will save you a lot to hire a federal criminal lawyer San Diego as soon as possible.

Sex crimes don’t always involve the use of force
At the first mention of a sex crime, the first thing that comes in mind is rape. Though rape is a severe crime, there are many more offenses that constitute a sex crime. Crimes that top the list are child molestation and statutory rape. These crimes are illegal because victims are not able to consent legally. Disability also falls under this category. So even if somebody hints that you committed a sex crime involving minors or people with disabilities, you should consider getting yourself a federal criminal lawyer San Diego as soon as possible.

It is also important to note that some crimes are illegal even when consent is given by an adult. Some of such crimes are incest and prostitution. Your federal criminal lawyer San Diego will make you aware of other complex sex crimes such as those involving the possession of child pornography.

Sexting crimes
Sexting is a relatively new sex crime. It involves minors sending sexually explicit photographs to other people by cell phone. Due to the newness of this crime, sexting crimes are more often than not prosecuted as crimes under the child photography laws. You should consider getting a good federal criminal lawyer San Diego if you or your child is charged with this crime.

Sex crime penalties
The penalties for a sex crime can be very severe. They include both imprisonment and fines. Some States like California have a penalty that involves chemical castration of a repeat offender. Though some crimes are misdemeanors, some are felonies and may cause you to be sentenced for years or decades or even a lifetime. You should get a reputable federal criminal lawyer San Diego to represent you. In most cases, there are mandatory minimum sentences that the judges must pass for sex crimes.

Some offenders must get registered after their release
The key reason you need to get a federal criminal lawyer San Diego is because in some crimes, you must get registered after paying fines or serving jail time. This means everybody will know of your crime and your physical address and where you work. This is common after being convicted of non-consensual sex crimes.

Just as sexual offenses are intolerable, so are the penalties. Talk to a reputable federal criminal lawyer San Diego for more information on sex crimes. If arrested, get help as soon as possible.


Federal Criminal Lawyer San Diego - What to expect at a Criminal Trial

What To Expect at a Criminal Trial
Although it is possible, it is highly advised against representing yourself in court. This is especially so when arrested on criminal charges. The criminal law is a complicated one and you need someone well informed to help you through the case. Hiring an experienced federal criminal lawyer San Diego is always the best way forward after any arrest. Away from that, let us look at what happens at a criminal trial.

Your options
After being charged with a crime, you usually have two options. You can choose the bench trial or the jury trial. With the bench trial, the judge decides your case whereas with the jury trial, 12 people appointed as jurors must agree that you are either innocent or guilty. The judge will then use the ruling of the jury to sentence you. Always consult with your federal criminal lawyer San Diego before making your choice.

Getting the jury
The first step in a jury trial is handpicking 12 people who will judge your criminal case. The picking of the jury is done by your federal criminal lawyer San Diego and the prosecutor. The individuals chosen are first asked a series of questions to make sure no one will vote unfairly. This process of questing is known as the ‘voir dire’.

Explaining your case
After the jury has been selected, the trial begins. The prosecutor goes first. He presents evidence to show that you are guilty. This is known as the ‘opening statement(s)’. At this time, the federal criminal lawyer San Diego you are working with can refute any information the prosecutor gives including questioning the witnesses. Once this is done, your lawyer will stand and explain your case. Again, the prosecutor can refute the information presented and question your witnesses.

Proving the case
To prove your case, your federal criminal lawyer San Diego will present evidence that proves you are innocent. If your lawyer’s evidence is stronger than that of the prosecution, you get a higher chance of winning the case. During trial, the lawyer and the prosecution will both bring witnesses to testify, offer exhibits and contest the evidence of the other. Today, the evidence presented is electronic.

The jury
After arguing their cases, both lawyers will give closing statements. With these statements, they will be addressing the jury. They give a recap of their evidence and try to convince the jury to vote in their favor. If a federal criminal lawyer San Diego feels the prosecutor did not make a good case, he can file a motion which asks the judge to acquit you. At this time, the judge can dismiss your case before it goes to the jury or ask the jury to ‘deliberate’. It is during deliberation that the jury comes up with an unanimous decision. The judge will sentence you based on the ruling of the jury.

An important point to note is that if the jury unanimously decides you are innocent, the prosecutor cannot charge you with the same crime. However, if even one juror had a different opinion, this brings the case of a mistrial. In this case, your federal criminal lawyer San Diego and the prosecutor will have to go through the process all over again.

Federal Criminal Lawyer San Diego - Criminal Charges

Cases that May Not Lead to Criminal Charges

After you are arrested, it is the work of the prosecutor to decide whether or not he should file charges against you. There are many factors that go into this decision. The important thing to do is hire the right federal criminal lawyer San Diego as soon as you are arrested. He will advise you accordingly and he can also bring evidence that may lead to the dismissal of the case. In this post, we shall look at some of the offenses that do not necessary result in criminal charges.

Trivial or low priority

When looking at a case, the prosecution will determine whether the case is insignificant or not. There are some minor cases that the prosecutor may not pursue.  A good federal criminal lawyer San Diego will help you know what to expect.

Nonviolent or minor cases

More often than not, when dealing with the minor and nonviolent cases, you may just be referred to mediation. Some minor cases will be diverted out of the court long before the prosecutor has had time to file charges. The parties involved are required to discuss their issues on their own or in the presence of a mediator or facilitator. You can ask your federal criminal lawyer San Diego whether mediation is an option in your case.

Civil compromise

When it comes to civil compromise, you will be better placed asking your federal criminal lawyer San Diego to help settle the case out of court. The defendant comes into an agreement to reimburse the individuals involved for their damages. In this case, the victims can ask the prosecutor not to file any charges.

The arresting officer didn’t observe the rights of the suspect

If you don’t remember the police officer reading you your rights during the arrest, you need to talk to a good federal criminal lawyer San Diego. Obvious police errors may change the prosecutor’s ability to file criminal charges. The same amy apply where the police used trickery or excessive force.

Victim asks the prosecution not to file charges

This is a common occurrence and if it happens, regardless of how severe the criminal charges are, the defendant may walk. Though the charging decision is for the prosecutor, if the victim asks him to dismiss the case and states clearly that he or she will not cooperate, the prosecutor may have no option but to let the case go.

The suspect is viewed as a good person

From time to time, the prosecutor will decide a good person made an ill-advised mistake. When this happens, you may face lesser charges or the case may be dismissed. A federal criminal lawyer San Diego can have a part to play in making you look as the good person you really are.

There are many more factors that may cause the prosecutor to drop charges. All in all, regardless of how good your odds look, you need to work hand in hand with a dependable federal criminal lawyer San Diego every step of the way.

Federal Criminal Lawyer San Diego - Innocent Defendant

There are times when you are arrest for being at the wrong place at the wrong time; a time when all the evidence points at you. When this happens, the prosecutor may be convinced and proceed to file criminal charges. The important thing to do, regardless of how many alibis you have, is to hire an experienced federal criminal lawyer San Diego. A good lawyer will know what he can do to help you avoid a conviction. So, how can a criminal defense attorney San Diego help you avoid wrongful conviction?

Evaluate the filing documents

After an arrest, the document that gets to the prosecutor who makes the filing decisions is the police report. More often than not, this report is flawed. Considering it is only limited to the information it conveys, a good federal criminal lawyer San Diego can point out wrong facts. If the facts on the police report are specious, the criminal appeals lawyer will go to court anticipating an acquittal. Bearing in mind how stressful the criminal proceedings can be, a good attorney can help stop the case before it goes too far.

Intervene before the charges are filed

One of the main reasons why you should hire a great federal criminal lawyer San Diego as soon as possible is because of the pretrial communications. If the facts are in your favor, the attorney can intervene long before the prosecutor files criminal charges. This step may include contacting the investigating or arresting officer before the case is sent to the prosecution. He may also talk to the prosecutor before he files the charges. In less severe cases, your attorney can make sure the case never gets to the courtroom.

Opt for dismissal

More often than not, an innocent defendant will have to wait until the charges are filed before their federal criminal lawyer San Diego can be involved. All in all, this does not mean a trial is inevitable. After hiring an appellate criminal attorney San Diego, you should give him a complete overview of the case. The attorney will then dig deeper and weigh options. Armed with new facts, your attorney can convince the prosecution to dismiss the case.

Let it play its course

There are times when the wisest move is for your federal criminal lawyer San Diego to do nothing. This is especially so if there is no evidence to prove otherwise. It may take a couple of weeks or months for the prosecution to realize there is insufficient evidence to warrant a conviction. In other cases, your lawyer may just win you back your freedom.

Whether you are innocent or not, your first step should always be hiring a federal criminal lawyer San Diego you can depend on. Look at his experience, listen to what people are saying about him then make sure you are comfortable working with him. Hire your lawyer early enough because the fate of your case starts as early as the pretrial stage. What is more is that only a lawyer can do the things we discussed above.