by

The juvenile justice system is different from the adult justice system. In Orange County Juvenile Court, the focus is on treatment and rehabilitation for the juvenile while the adult justice system focuses on punishment. However, depending upon the charge, a juvenile can be prosecuted as an adult and be subject to the same penalties as an adult. In a situation where a juvenile is tried as an adult, it usually involves crimes of violence. Juveniles 16 or 17, who commit serious felonies, can be tried as an adult. Also, a juvenile 14 or older being charged with murder can be tried as an adult. However, even if a juvenile is tried as an adult, they are still treated different. There are more options in terms of how and where they are prosecuted and how and where they will serve their sentence.

Once a juvenile is arrested for a crime, there are a few different ways law enforcement may proceed. Informal contact with parents, public or private diversion, citation and referral to probation, or arrest. Once the case is submitted to probation, probation has limited discretion whether or not to submit the case to the district attorney or proceed informally. If the case is submitted to the district attorney, they then decide whether to file or dismiss the case. An Orange County Criminal Defense Attorney, specializing in juvenile criminal matters, will be able to advise and guide parents and their child through these procedures.

It is extremely important that, if your child is arrested for a crime, an attorney familiar with the Orange County Juvenile Court should be retained. Being familiar with the Judges, District Attorneys, Court Clerks and Probation Department, will help facilitate the best possible outcome for your child. The question parents should ask themselves is what do I do to protect my child. Juveniles make mistakes and most have never known, or been exposed to legal consequences. Preserving your child’s record, so that their college goals and future employment are not affected negatively should be the goal of a good juvenile criminal defense attorney.

It is important to note that if your child has been convicted of a crime, their record should be sealed and/or destroyed. To be eligible, the child must be 18 years old or 5 years must have passed from the last arrest or discharge from probation.

Continue reading →

by

A 21 year old man, a passenger in a Jeep, was killed after the driver reportedly ran a red light, sideswiped another car, went through a chain-link fence and ended up against an equipment shed in a middle school in San Juan Capistrano. The driver could be charged with vehicular manslaughter if it is determined that he did in fact speed through a red light as witnesses say he did.

Vehicular Manslaughter defined is basically the crime of causing the death of a human being due to illegal driving of an automobile, including gross negligence, drunk driving, reckless driving, or speeding. Whether a person is charged with misdemeanor vehicular manslaughter or felony vehicular manslaughter depends upon the circumstances of the case.

In California, there are four types of vehicular manslaughter. They are listed here, along with the penalties typically imposed:

PC 191.5: Vehicular manslaughter while intoxicated, with gross negligence. The penalty can be up to 1 year in county jail, or 4,6 or 10 years state prison. However, one or more priors of this, or certain other vehicular felonies can result in 15 years to life in state prison.
PC 192(c)(1): Vehicular manslaughter with gross negligence, without intoxication. The penalty is up to 1 year in county jail, or 2,4, or 6 years in state prison.

PC 192(c)(2): Vehicular manslaughter without gross negligence, without intoxication. The penalty is up to 1 year in county jail.

PC 192(c)(3): Vehicular manslaughter while intoxicated, without gross negligence. The penalty is up to 1 year in county jail, or 16 months, 2, or 4 years in state prison.

PC 192(c): Vehicular manslaughter is referred to as a “wobbler” meaning that it can be filed either as a misdemeanor or felony, depending upon the circumstances. Vehicular manslaughter acts, not involving drugs or alcohol, that may be punishable are: 1) Driving in an unlawful way; 2) Driving in a lawful but dangerous way, and 3) Knowingly causing an accident for financial gain. Here are some examples of these three acts: If a person kills another person while they speeding; texting or talking on a cell phone; hitting and killing a pedestrian in a crosswalk; and staging an accident that results in an unintentional death.

Because this is such a serious issue, it is important to contact an experienced criminal defense attorney to protect your rights. With proper, experienced legal representation, it may be possible to get the charges reduced, avoiding jail or prison, or dismissed all together.

Continue reading →

by

Vehicular Manslaughter defined is basically the crime of causing the death of a human being due to illegal driving of an automobile, including gross negligence, drunk driving, reckless driving, or speeding. Whether a person is charged with misdemeanor vehicular manslaughter or felony vehicular manslaughter depends upon the circumstances of the case.

In California, there are four types of vehicular manslaughter. They are listed here, along with the penalties typically imposed:

PC 191.5: Vehicular manslaughter while intoxicated, with gross negligence. The penalty can be up to 1 year in county jail, or 4,6 or 10 years state prison. However, one or more priors of this, or certain other vehicular felonies can result in 15 years to life in state prison.
PC 192(c)(1): Vehicular manslaughter with gross negligence, without intoxication. The penalty is up to 1 year in county jail, or 2,4, or 6 years in state prison.

PC 192(c)(2): Vehicular manslaughter without gross negligence, without intoxication. The penalty is up to 1 year in county jail.

PC 192(c)(3): Vehicular manslaughter while intoxicated, without gross negligence. The penalty is up to 1 year in county jail, or 16 months, 2, or 4 years in state prison.

PC 192(c): Vehicular manslaughter is referred to as a “wobbler” meaning that it can be filed either as a misdemeanor or felony, depending upon the circumstances. Vehicular manslaughter acts, not involving drugs or alcohol, that may be punishable are: 1) Driving in an unlawful way; 2) Driving in a lawful but dangerous way, and 3) Knowingly causing an accident for financial gain. Here are some examples of these three acts: If a person kills another person while they speeding; texting or talking on a cell phone; hitting and killing a pedestrian in a crosswalk; and staging an accident that results in an unintentional death.

Because this is such a serious issue, it is important to contact an experienced criminal defense attorney to protect your rights. With proper, experienced legal representation, it may be possible to get the charges reduced, avoiding jail or prison, or dismissed all together.

Continue reading →

by

Vehicular Manslaughter defined is basically the crime of causing the death of a human being due to illegal driving of an automobile, including gross negligence, drunk driving, reckless driving, or speeding. Whether a person is charged with misdemeanor vehicular manslaughter or felony vehicular manslaughter depends upon the circumstances of the case.

In California, there are four types of vehicular manslaughter. They are listed here, along with the penalties typically imposed:

PC 191.5: Vehicular manslaughter while intoxicated, with gross negligence. The penalty can be up to 1 year in county jail, or 4,6 or 10 years state prison. However, one or more priors of this, or certain other vehicular felonies can result in 15 years to life in state prison.
PC 192(c)(1): Vehicular manslaughter with gross negligence, without intoxication. The penalty is up to 1 year in county jail, or 2,4, or 6 years in state prison.

PC 192(c)(2): Vehicular manslaughter without gross negligence, without intoxication. The penalty is up to 1 year in county jail.

PC 192(c)(3): Vehicular manslaughter while intoxicated, without gross negligence. The penalty is up to 1 year in county jail, or 16 months, 2, or 4 years in state prison.

PC 192(c): Vehicular manslaughter is referred to as a “wobbler” meaning that it can be filed either as a misdemeanor or felony, depending upon the circumstances. Vehicular manslaughter acts, not involving drugs or alcohol, that may be punishable are: 1) Driving in an unlawful way; 2) Driving in a lawful but dangerous way, and 3) Knowingly causing an accident for financial gain. Here are some examples of these three acts: If a person kills another person while they speeding; texting or talking on a cell phone; hitting and killing a pedestrian in a crosswalk; and staging an accident that results in an unintentional death.

Because this is such a serious issue, it is important to contact an experienced criminal defense attorney to protect your rights. With proper, experienced legal representation, it may be possible to get the charges reduced, avoiding jail or prison, or dismissed all together.

Continue reading →

by

Border Patrol Agents, along with their canine team, discovered 11.9 pounds of crystal meth hidden in the bumper of a 24-year-old woman’s car at a border stop in Orange County, California. The drugs are estimated to have a street value of $214,000.00. The woman, a U.S. citizen, and the drugs have been turned over to the DEA.

Transporting, importing and selling or distributing controlled substances is a felony in California. This is also known as drug trafficking. The trasportation of narcotics is when an individual or group knowingly transfers the substances from one place to another. Whether the amount is small or large, transporting drugs is considered a serious offense. Drug distribution is the act of selling narcotics to others.

The consequences of drug transportation and/or distribution vary depending on several factors. Some of the mitigating factors are: 1. The type of drug, 2. the location, 3. the amount, and 4. whether or not minors are involved. Importing large quantities of narcotics from another country face the most severe penalties.

A conviction of drug transportation, drug distribution also known as drug trafficking, may include a long prison sentence, large fines, parole/probation, registration as a narcotics offender, forfeiture of assets, drug testing, rehab, counseling, search and seizure of property, deportation (if not a U.S. citizen) and more. The penalties in California however, are dependent upon the kind of drug being smuggled, the amount and the criminal history of the alleged drug trafficker.

An experienced criminal defense attorney will be familiar with the various defenses available to someone who has been arrested for or charged with drug trafficking. A good drug trafficking defense lawyer should be challenging the search and seizure tactics used by the law enforcement, as well as the validity of search and arrest warrants that are based on electronic surveillance or wiretaps.
Someone with a prior conviction of sales of narcotics, could be facing a minimum 3-year enhancement, which is added to the time he would serve if convicted on the new drug charge.

An experienced criminal defense attorney, specializing in Narcotics Distribution, Drug Transportation and/or Drug Trafficking will be well aware and equipped to utilize the best defenses and/or sentence alternatives to get the best result possible. For example, drug treatment would be more appropriate than jail time. Especially for non-violent individuals who may suffer with a drug problem. Depending upon the situation, there are alternatives. In California, if you qualify, you could be eligible for Proposition 36 which would allow substance abuse treatment instead of jail time. DEJ, or Diversion, is another alternative which would allow the case to be dismissed after a period of time if all requirements were fulfilled. There is also Drug Court which is a program that involves supervision and treatment.

There are alternatives and therefore, it is critical that anyone being charged which a serious drug charge needs the representation of an experienced criminal defense attorney.

Continue reading →

by

Border Patrol Agents, along with their canine team, discovered 11.9 pounds of crystal meth hidden in the bumper of a 24-year-old woman’s car at a border stop in Orange County, California. The drugs are estimated to have a street value of $214,000.00. The woman, a U.S. citizen, and the drugs have been turned over to the DEA.

Transporting, importing and selling or distributing controlled substances is a felony in California. This is also known as drug trafficking. The trasportation of narcotics is when an individual or group knowingly transfers the substances from one place to another. Whether the amount is small or large, transporting drugs is considered a serious offense. Drug distribution is the act of selling narcotics to others.

The consequences of drug transportation and/or distribution vary depending on several factors. Some of the mitigating factors are: 1. The type of drug, 2. the location, 3. the amount, and 4. whether or not minors are involved. Importing large quantities of narcotics from another country face the most severe penalties.

A conviction of drug transportation, drug distribution also known as drug trafficking, may include a long prison sentence, large fines, parole/probation, registration as a narcotics offender, forfeiture of assets, drug testing, rehab, counseling, search and seizure of property, deportation (if not a U.S. citizen) and more. The penalties in California however, are dependent upon the kind of drug being smuggled, the amount and the criminal history of the alleged drug trafficker.

An experienced criminal defense attorney will be familiar with the various defenses available to someone who has been arrested for or charged with drug trafficking. A good drug trafficking defense lawyer should be challenging the search and seizure tactics used by the law enforcement, as well as the validity of search and arrest warrants that are based on electronic surveillance or wiretaps.
Someone with a prior conviction of sales of narcotics, could be facing a minimum 3-year enhancement, which is added to the time he would serve if convicted on the new drug charge.

An experienced criminal defense attorney, specializing in Narcotics Distribution, Drug Transportation and/or Drug Trafficking will be well aware and equipped to utilize the best defenses and/or sentence alternatives to get the best result possible. For example, drug treatment would be more appropriate than jail time. Especially for non-violent individuals who may suffer with a drug problem. Depending upon the situation, there are alternatives. In California, if you qualify, you could be eligible for Proposition 36 which would allow substance abuse treatment instead of jail time. DEJ, or Diversion, is another alternative which would allow the case to be dismissed after a period of time if all requirements were fulfilled. There is also Drug Court which is a program that involves supervision and treatment.

There are alternatives and therefore, it is critical that anyone being charged which a serious drug charge needs the representation of an experienced criminal defense attorney.

Continue reading →

by

A 45-year-old Ladera Ranch woman has been charged with 3 felony charges after having been arrested on suspicion that she stole more than $100,000.00 from her employer. The Orange County, California woman was charged with Grand theft by employee, Acts constituting forgery and unauthorized use of personal identifying information. These types of charges together are also known as Felony Embezzlement.

Embezzlement is commonly referred to as employee theft and employee fraud. Embezzlement is defined as unlawfully taking something from another that has been entrusted to you and is most often seen in connection with employment situations.

In order for the prosecution to prove embezzlement, three facts or elements of the crime, must be proved. They are: (1) that you had a relationship of trust with the victim, (2) that, pursuant to that relationship, you were entrusted with certain property, and (3) that you specifically intended to deprive the victim of that property by fraudulently taking it as your own.

Embezzlement is typically punished as either Penal Code 487 grand theft or as Penal Code 488 petty theft, depending upon the value of the property. California Penal Code 487 PC, grand theft is a “wobbler”, meaning that it can be charged as either a misdemeanor or felony, depending upon the circumstances of the case and the defendant’s criminal history.

If convicted of grand theft embezzlement as a misdemeanor, the sentence is up to one year in a county jail and a maximum $1,000.00 fine. If convicted as a felony, the sentence can be up to 16 months, or two or three years in the California State Prison, and a $10,000.00 maximum fine.

A conviction of petty theft embezzlement can be up to six months in a county jail and a maximum $1,000.00 fine. However, if the property is valued at $50.00 or less, and no other theft related convictions, an experienced criminal defense lawyer may be able to get your charges reduced to an infraction.

Some more common defenses to these charges are: (1) claim of right/good faith belief, (2) lack of criminal intent, and (3) false accusations/innocence.

In this situation, this woman will need the assistance of a good Orange County Criminal Defense Attorney who will investigate the allegations, critically evaluate all of the evidence, and highlight inconsistencies and weaknesses in the prosecution’s case.

Anyone being accused of embezzlement in Orange County, California, should seek the advise of an attorney who is familiar with all the Courts in Orange County. An attorney who has a good working relationship with the individual Judges, District Attorneys, Court Clerks and Probation Department, as well as the Court staff, will be better able to get your charges reduced and/or dismissed. An attorney familiar with the Courts in which a case is pending will result in the best possible outcome available.

Continue reading →

by

A 31-year-old Laguna Hills man was recently arrested on suspicion of stalking his wife, which was in violation of a restraining order, which she had filed against him. Orange County Sheriff’s detectives said that the man’s wife reported that her husband was following her in her car and had attempted to hit her car.

California stalking laws, are defined in Penal Code 646.9. Stalking is harassing or threatening another person to the point where that individual fears for his/her safety or the safety of his/her family.

Stalking is considered a very serious offense in California. However, many times stalking charges are based on false misrepresentations and often times are motivated by revenge. A good, experienced Orange County California Criminal Defense Lawyer will have the skills to reveal the motives behind the accusations in an effort to have the case dismissed. Or, at the very least, have the charges reduced.

In order to be found guilty of stalking under PC 646.9, the prosecution must prove three facts or elements: (1) that you willfully, maliciously and repeatedly followed and that you willfully and maliciously harassed another person. (2) That you made a credible threat against that person, and (3) That you did so with the specific intent to place that individual in reasonable fear of his or her safety or that of a his/her immediate family.

Stalking is a “wobbler”, which means that it can either be filed as a misdemeanor or a felony, depending upon the specific facts of the case and your criminal history. Stalking a person in violation of a protective order or stalking a person after having been previously convicted of stalking are felonies. Otherwise, the prosecution has the discretion to file the case as a misdemeanor or felony.

Misdemeanor stalking penalties include informal probation, up to one year in a county jail, a maximum $1,000.00 fine, counseling, and/or possible confinement in a state-run hospital that treats mental illness, and a restraining order prohibiting any contact with the alleged victim.

Felony stalking penalties include formal probation, sixteen months to five years in a California State Prison, a maximum $1,000.00 fine, counseling and/or possible confinement in a state-run hospital that treats mental illness, a restraining order prohibiting any contact with the alleged victim, and possible lifetime registration as a sex offender under Penal Code 290 PC.

Fortunately, there are defenses that a skilled criminal defense attorney can present on your behalf. Anyone being accused of a crime in Orange County, California, should seek the advise of an attorney who is familiar with all the Courts in Orange County. An attorney who has a good working relationship with the individual Judges, District Attorneys, Court Clerks and Probation Department, as well as the Court staff, will be better able to get your charges reduced and/or dismissed. An attorney familiar with the Courts in which a case is pending will result in the best possible outcome available.

Continue reading →

by

A 37 year old man was arrested for burglary after a string of office burglaries. The Irvine Police Department is currently looking into the possibility that this man may also be responsible for other Orange County office burglaries. Purses, wallets and briefcases were stolen from offices when left unattended.

Burglary is defined by California law as “entering a structure with the intent to commit a felony (or a petty theft) once inside”. Forced entry is not required for someone to be charged with burglary, only that you entered a building with the intent to commit a theft or felony.

Burglary is separated into two categories, first degree and second degree burglary. First-degree burglary is always a felony; second-degree burglary may be prosecuted as a felony or as a misdemeanor. This is referred to as a “wobbler”, which means that it may be charged as a misdemeanor or felony. The circumstances of the case will dictate how the charge is filed. This will be determined by 1) the circumstances of the case and 2) your criminal history. First-degree burglary is referred to as residential burglary and is committed if you burgle an inhabited dwelling, whether it is currently occupied or not. Second-degree burglary, referred to as commercial burglary, includes everything else.

The penalties and punishments for First Degree burglary are two, four, or six years in the California State Prison and a maximum fine of $10,000.00; If convicted of second degree burglary as a felony, you face sixteen months, two or three years in the state prison and the same fine; if convicted of second degree burglary as a misdemeanor, you face up to one year in a county jail and a maximum fine of $1,000.00. California law instructs judges not to issue probation if convicted of burglarizing an inhabited structure unless it is an “unusual case where the interests of justice would be best served by doing so”. For this reason, an experienced criminal law defense attorney, having extensive experience and knowledge in burglary cases, is the best way to ensure that you achieve the best possible outcome.

Continue reading →

by

The crime of kidnapping is defined as the use of force or fear to take a person and move him or her a substantial distance. The penalty if convicted of kidnapping is up to 8 years in State Prison or more if the victim was injured or abused, if the victim was a child or if the kidnapping was done to facilitate another crime.

There are certain elements of the crime of kidnapping. They are: (1) The kidnapper took, held, or detained another person by means of force or by instilling reasonable fear; (2) Using that force or fear, the kidnapper moved the other person or made the other person move a substantial distance; and (3) The other person did not consent to the movement.

Kidnapping is considered a serious Felony and is a “Strike Crime” under California’s “Three Strikes Law“. However, there are defenses to kidnapping and a defendant is not guilty of kidnapping if he/she reasonably and actually believed that the other person consented to the movement. The prosecution has the burden to prove, beyond a reasonable doubt, that the defendant did not believe that the other person consented to the movement.

Consent is also a defense to kidnapping. If the other person consented to go with the defendant, the defendant is not guilty of kidnapping. Consent is defined as: (1) The person freely and voluntarily agreed to go with or be moved by the defendant; (2) The person was aware of the movement, and (3) The person had sufficient maturity and understanding to choose to g0 with the defendant. Again, the prosecution has the burden of proving, beyond a reasonable doubt, that consent was not given.

It is important to note that consent may be withdrawn. If at first the person consented to go with the defendant but later changed their mind, the defendant is guilty of kidnapping if after the other person withdrew consent, the defendant committed the crime outlined above.

Continue reading →