There are may instances where an arrest takes place, but where the D. The police report and other information may sway the prosecution to drop the case - and a good defense lawyer can often bring some of that data to the prosecutor's attention early in the process. If both questions are answered in the affirmative, then the DA makes a formal complaint, which gives a detailed description of the alleged crime.
Even at this point, however, there is often room for pre-trial negotiations, and perhaps, a plea bargain in some cases.
It's also possible that initially filed charges will still be dropped once the defense brings more facts to the prosecution's attention. The arraignment is your first court date after the arrest. It helps if you can get out on bail before the arraignment and focus on building your defense, but either way, we will be able to prepare thoroughly and give you sound advice.
This is where you must enter a plea, either guilty, not guilty, or no contest. Unless you were already bailed out, the arraignment is also the time at which bail will be set unless it is not permitted at all. By having your attorney at the arraignment with you, you'll be able to bring up any alleged violations of your rights by law enforcement and other matters that can affect which evidence is permissible or if there will even be a trial.
Many times, a plea agreement or even a dismissal is obtained at the arraignment hearing, even though it is not technically an actual trial. It is in the best interests of all concerned, often times, to avoid an going to court if possible - but better to go to trial and win than to lose in a poor settlement. We know how to skillfully negotiate a plea where appropriate, but will never make a plea deal that's against your best interests or that you yourself disagree with.
- Vista Defense Lawyer, Kenneth R. Elliott, Attorney at Law.
- florida department of records birth certificates!
- family history library catalog surname search;
- finder britax car seat manufacturer?
Even after a failure to come to an agreement or dismissal at the arraignment, before the trial actually takes place, there is yet another opportunity for your lawyer to negotiate and press evidence in your favor or other factors to try to win before the trial begins. At this point, the defense attorney gets a copy of the police report and is permitted access to all evidence that the prosecution already possesses.
This exchanging of vital information is called "discovery" and it is critical to helping you win your case. The prosecution can argue against this, and if the judge decides evidence is too flimsy, the case will be immediately dismissed. When witnesses against you are found to be less than credible or when evidence is found to be very conflicted, the judge will probably dismiss the case. Also at the preliminary hearing, the defense will gain access to any exculpatory evidence that may be in your favor that the prosecution knows about but obviously would have no interest in using.
We will also at this point fight to have evidence excluded from consideration in court if it was illegally obtained. And we will have the chance to cross-examine witnesses on a limited scale here to ensure they are presenting a fixed, unchanging story and not just making up new stories on the fly. The preliminary hearing is for felony charges only, while a similar pre-trial hearing occurs with misdemeanors. Things basically are done on a bigger scale with felony charges, but the principle is the same.
This step can end with a dismissal, plea deal, or lead to the trial phase. Most cases never even go to trial, which is why you want a law firm highly skilled in pre-trial interactions and with well seasoned negotiation skills.
Experience You Can Trust to Get You the Best Possible Outcome
But, it's also true that many cases will go to court and that the "legal clout" of a defense attorney based on past courtroom victories helps to get better settlements out of court and win dismissals where other lawyers couldn't attain such a positive result. During the actual trial, we will present evidence and arguments in your favor, while working to undermine those of the prosecution. We will challenge the police report, question the credibility of witnesses against you where that makes sense, while bringing in those including experts who can testify in your behalf.
Prosecutor and defense attorney will vie for the support of the jury, and will also make their appeals to the presiding judge. Where that is unrealistic, it may be best to fight for a favorable plea deal, where the charge will be reduced, you may be able to avoid actual jail time, and other sentencing elements can be reduced.
San Diego Criminal Defense & DUI Attorney Bradley Corbett will help
Sometimes, a diversion program and deferred entry of judgment can even lead to an ultimate dismissal of the case once probation is successfully completed. We work hard to build you a foundation for winning the best possible outcome to your case. At every step of the way, we guide you through the process and make the key, timely legal moves necessary to win a positive outcome. Vista Criminal Attorney Law Firm is adept at handling a wide range of case-types across the full spectrum of criminal defense practice areas.
As many times, there are multiple charges filed against a single defendant OR there are multiple practice areas that become relevant to a particular case, having this kind of far-reaching experience "all under one roof" is much to the benefit of our clients. Also, if we've helped you in the past and you have a new legal need, or if you know someone who does, you can be sure we can likely handle that case too - and you'll get the same high caliber of service in each area we cover.
We always match you with an attorney with deep experience in all practice areas relevant to your case. While an exhaustive list is too much to include here - here is a basic overview of our top 10 practice areas. To learn more, see our individual service pages or call us up and ask us about any areas you don't see listed on our website because we may well be able to help you with that as well. A domestic violence crime is one committed against a "romantic partner," as defined under California law. That means a current or former spouse, live-in partner, domestic partner, boyfriend or girlfriend, or the parent of your child.
Assault and battery, infliction of corporal injury, and other crimes when done against a person with whom you have such a relationship becomes domestic violence and are punished more severely. No crime is more frequently falsely reported than domestic violence, and yet, without a good lawyer, it's almost impossible to navigate the legal system and win when so many assume the guilt of the accused. We will fight hard to uphold the presumption of innocence and clear you name! Although DUI gets a lot of attention, and rightfully so, there are also many other serious driving crimes both misdemeanors and felonies that people find themselves charged with.
Some of these crimes risk your driving privileges only and put points on your driving record. Others may also risk jail or prison time and heavy fines upon a conviction. Don't make the mistake of thinking that a driving crime isn't worth getting a good lawyer over. Don't assume you can't win against the DMV either - because we often do, every single day.
Lee Law Group, P.C.
When accused of a violent crime, you face the most severe penalties in the California Penal Code if convicted and are often pursued much more vigorously by the DA or other prosecutor. The mere allegation of crimes like murder, attempted murder, kidnapping, armed robbery, carjacking, assault, battery, arson, corporal injury, or issuing criminal threats can get you years in jail or state prison or even life imprisonment or the death penalty in some cases. And a third strike results in 25 years to life in prison.
We know how to fight against these severe charges. Self-defense, lack of intent, mental illness, mistaken identity, false accusation, and lack of sufficient evidence, for example, are common successful defense strategies. Common defenses to theft charges include: claim of ownership, mistake of fact, intoxication, police entrapment, and property not taken from possession of owner. Fraud crimes are really just a special class of theft crime, but with some form of deception involved. Check fraud and credit card fraud are the most obvious types of fraud crime, but embezzlement, real estate fraud, identity theft, and mail fraud are also commonly charted.
Fraud crimes often involve an abuse of an existing relationship of trust, and as such, may be punished more harshly than "ordinary theft crimes. No crime will destroy your reputation as fast as a sex crime allegation, no matter how baseless and false. Unfortunately, false sex crime charges are all too common in California.
And a conviction can lead to years behind bars and lifetime mandatory registration as a sex offender, for many of the more severe sex crime categories. Sexual battery, rape, statutory rape, various child sex abuse crimes including dealing in child porn, indecent exposure or lewd conduct in a public place, prostitution or solicitation of a prostitute, and the failure to register as a sex offender when required to do so by law are all common sex crimes we are experienced in defending against.
Although marijuana is legal in California, other substances listed under the federal Controlled Substances Act are not - and even marijuana in too high of concentrations or sold in violation of state rules can be cause for an arrest. Many drug crimes are misdemeanors, like simple possession for personal use, being under the influence of a controlled substance, or possession of drug paraphernalia. But charges like possession for sale, sale or transport of illegal drugs, or drug trafficking will be felonies.
We know how to defend against all types and levels of drug charges, and how to get those who qualify into Prop 36 or PC diversion programs that can keep them out of jail. In California, it's possible in many cases to get a past criminal conviction expunged from your record. That means that in place of "convicted of" it will say "dismissal," on your record, when potential employers and others run a background check on you. Similarly, arrest records can be sealed if they meet specific criteria, as can juvenile records. If you served no prison time, an expungement may be possible; and if the statute of limitations is up on a past no-conviction arrest, you may be able to get the arrest record sealed and ultimately destroyed.
Sometimes, people have already spoken with another lawyer about their case but call in to get a second legal opinion.
That's fine. We are ready to help. We always base our analysis on the details of California law and on the known facts of the case. We will give you our candid yet courteous recommendations and always look out for your best interests in all the advice we give. I highly recommend the Vista Criminal Attorney for your criminal defense matters.
We scored dui lawyers on more than 25 variables across five categories, and analyzed the results to give you a hand-picked list of the best dui lawyers in Chula Vista, CA. Please try submitting your form again shortly. Brian J. The office handles simple DUI cases as well as those with injury, priors, and manslaughter. Attorney Brian J. San Diego, CA Website Facebook. Attorney Michael L.surreyrespiratorydoctor.com/2278-skype-locate.php
Best Vista, CA DUI/DWI Attorneys | Super Lawyers
Spanish-speaking lawyers are available. The office defends DUI cases involving felony charges, loss of life, military, accident or injury, out-of-state residents, and habitual offenders. Attorney James N. Dicks has over 30 years of experience in the field, is a board-certified criminal law specialist, and is a former police officer and narcotics investigator.
The Law Office of David P. The firm handles DUI charges including with priors, bodily injury, probation violations, commercial licenses, and child passengers. Attorney David P.
Vista Criminal Attorney
Shapiro received his J. The Law Offices of Anna R. The practice represents clients in felony DUIs and DUIs involving child endangerment, excessive speeding, injury or accident, refusing a chemical test, and a BAC above. The practice offers payment plans. The Law Offices of Christian M.
Criminal defense attorney Christian M. The Law Offices of Susan L. Attorney Hartman also advises on early termination of probation and expungements. Hartman graduated from Thomas Jefferson School of Law in The firm charges a fixed fee for their services. Matthews has dealt with over cases and is a Top Trial Lawyer.