California Criminal Defense Lawyer Blog

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.

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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.

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A 24-year-old woman and a 29-year-old man, both Huntington Beach residents were arrested and are being charged with 3 felony counts of selling and transporting a controlled substance. It is being alleged that the woman, who was a waitress at a well-known restaurant, was selling cocaine while working. The man is being accused of helping the waitress obtain the drugs for sale. It is also being alleged that more cocaine was found at the man’s residence.

Transporting drugs is the moving of drugs from one place to another. In order to be convicted of transportation of a controlled substance, it is only necessary for the prosecution to establish that the accused moved the drugs.

To be convicted of selling or transporting a controlled substance, it must be established that the accused engaged in one of the following acts:

1. Transporting a controlled substance;
2. Importing drugs, into California (meaning, bringing illegal drugs into this state).
3. Selling, exchanging narcotics for money, favors, services, goods or any other non-cash benefit.
4. Furnishing drugs or supplying by any means.
5. Administering the drugs directly to another person.
6. Giving illegal drugs away.
It must also be established that the accused knew of the presence of drugs and that the drug was illegal. There must be enough of the drug to be used as a controlled substance.

The penalty for a conviction of selling and transporting a controlled substance is either probation and up to one year in county jail, or three, four or five years in prison and a maximum $20,000.00 fine. However, if convicted of transporting a controlled substance for sale, and the drugs were moved across more than two county lines, the penalty is three, six or nine years in prison. There are aggravating factors that if relevant to your case, could result in the highest possible sentence or add time to the overall prison sentence. Prior convictions of felony drug charges may also add time to the overall sentence.

Fortunately, there are defenses to these charges that a skilled criminal defense attorney will be familiar with. An attorney experienced in drug sales and transportation charges will look closely at the possibility of an illegal search and seizure as well as police misconduct. Some other defenses include: entrapment, mistaken identity/innocence, lack of knowledge and lack of intent.

Anyone being charged with drug possession for sale, in Orange County, California, needs the representation of a skilled Orange County Criminal Defense Attorney, who will look closely at the prosecution’s case as it relates to the accused. In other words, a good criminal defense attorney will take the time to get to know their client and their client’s background, history, family, standing in the community, everything about that client in order to represent the person, not just the defendant., to the prosecution/judge.

There are alternatives to jail and prison for those being charged and convicted of drug related charges. Drug diversion, such as Proposition 36, Penal Code 1000 PC Drug Diversion and California Drug Court are examples of these alternatives. If convicted of a drug related offense, drug diversion is the outcome to pursue, as it is so much more beneficial than being incarcerated. The drug diversion programs can help overcome many drug related problems that have contributed to the initial acts that have lead to the conviction.

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An 18-year-old Oange County man was arrested and subsequently charged with 2 misdemeanor counts of receiving stolen property, after deputies tied a stolen camera and iPods to his Craigslist posting. Deputies responded to a report of a stolen camera and traced it to a posting of the same kind on Craigslist. Investigators contacted the Lake Forest man about the Craigslist post. He agreed to meet with them. When he arrived, deputies confronted him about the missing electronics. After determining that he was in possession of the camera and two iPods he was arrested.

Receiving stolen property under California Penal Code 496 is considered a “wobbler”. This means that, depending on the circumstances of the case and the criminal history of the accused, it can either be filed as a felony or a misdemeanor. If convicted of a misdemeanor, the sentence is up to one year in County Jail. But if convicted of a felony, the sentence is 16 months to 3 years in State Prison. For this reason, an experienced criminal law defense attorney, having extensive experience and knowledge in defending receiving stolen property charges, is the best way to ensure that you achieve the best possible outcome.

There are several defenses to these charges that, in this case, an experienced Orange County Criminal Defense Attorney should consider, depending on the circumstances of the case. Some of the more common defenses to Receiving Stolen Property are: Mistake of fact, meaning that he didn’t know that the property was stolen. Also, believing that he had a right to the property. If either or both of these can be proven, he cannot be convicted of the charge. Similarly, if he didn’t know that he possessed the stolen property, in other words, someone placed the property in his possession without his knowledge, he would be entitled to an acquittal. Something that must always be considered in defending this type of case is whether or not the police officers violated this man’s constitutional rights. This is extremely important because if there was any misconduct on the part of the officers and the rights of this young men were violated, the case could be dismissed all together.

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The Santa Ana Police Department arrested two men on Sunday night on drugs and weapons charges during an anti-cruising operation. A 36 year old Santa Ana man was arrested on suspicion of possession of drugs and the driver, a resident of Downey, Ca, was arrested on gun-related charges.

According to Santa Ana P.D., the car was stopped Sunday evening in the 1500 block of Bristol Street, an area known to be a cruising area of Orange County. During the stop, Police found 42 grams of methamphetamine and a handgun in the car.

The Cruising Abatement Project is a campaign initiated to combat the problems associated with street cruising. According to the Santa Ana Police Dept., the use of drugs and alcohol and violent conflicts between rival street gangs were common occurrences during cruising hours.

Hiring the right criminal defense attorney in Orange County, California, can be the most important decision a person makes when being accused and/or charged with a criminal matter in the County of Orange. There are a few things a person should look for when trying to decide who the right attorney is for them.

The initial contact with an attorney or his staff is usually over the phone. That first phone call can tell a person a lot about the type of attorney they are calling. The availability and willingness of an attorney and their staff to take the time necessary to talk to you is a sign of who you will be dealing with. Telephone consultations can definitely give you an idea of how you feel initially about the attorney and their staff however, face to face meetings can cement that personal connection. An attorney who gives you as much time as you and he need is an attorney who is serious about the successful outcome of your case.

When meeting an attorney for the first time, and even after having retained him, an attorney should be interested in the details, no matter how small they may seem and should not be preoccupied with the amount of time he is spending with you or the issue of money. While attorney fees must be discussed, this should never be the focus. A good attorney prefers to focus on the best possible outcome for his client and not on the issue of attorney fees. Once you have retained an attorney, you should feel a sense of relief. Your attorney is now your advocate and should be navigating your case in the direction that will result in the best outcome possible. If you have chosen the right attorney, you can go on with your life and let your attorney take over and hopefully relieve some stress knowing that you have someone who is doing everything possible to help you.

Another key sign to look for is how interested is the attorney in you as a person. Getting to know you, your background, achievements, prior problems, anything that tells him something about the person, not the criminal. This is one way an attorney can develop an understanding of who he is defending and develop a personal connection with his client. This will come through when talking and discussing your case with the District Attorney and/or Judge involved in your case. If the case has not yet been filed, prior intervention can sometimes be extremely helpful and the more knowledge your attorney has of you the person, the more sincere his conversations with the arresting agency or district attorney will be.

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.

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Two teens have been arested on suspicion of stealing a car and attempting to discard a loaded handgun. The two young individuals ran from police after a routine traffic stop but were found, with the help of helicopters, hiding in a Tustin backyard.

These young individuals are facing serious charges, and at their young age, can affect them for the rest of their lives. As devistating as something like this is to a parent, one of the most important questions a parent can ask themself is: How do I protect my child? Teens are still not mature enough to stop, think and really consider how serious their actions are and what the consequences might be. Especially if they have never been in trouble with the law and have never had legal consequences. For this reason, it is extremely important that these minors be represented by experienced criminal defense attorneys, who have experience in not only defending these charges, but who are also experienced juvenile defense attorneys in Orange County, California.

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.

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 for sealing a juvenile record, the child must be 18 years old or 5 years must have passed from the last arrest or discharge from probation.

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The US Constitution gives us the right to own and carry firearms but with strict guidelines. California has laws that regulate when and how those firearms can be used and possessed and the laws are complicated and confusing. The law doesn’t stop at possession of a firearm; it extends to possession of firearms accessories and ammunition. Transporting a firearm in a vehicle is legal, but, also with strict guidelines and laws.

There are circumstances under which a person may not possess a firearm. Anyone convicted of a felony, or who is a drug addict, present or former mental patient, ever committed for mental observation, or acquitted by reason of insanity may not own or possess a firearm. People who have been convicted of misdemeanors involving force or violence may not own or possession a firearm within 10 years of the conviction. There are also laws relating to minors and firearm possession.

Carrying and transportation of a firearm in a vehicle also has strict guidelines/laws. Carrying a loaded rifle, shotgun or handgun in any public place or on a public street is illegal. Carrying a concealed weapon without a license is illegal. Carrying a handgun in a glove compartment or under the seat of a car is considered concealed. However, a handgun that is transported to or from a vehicle, in a locked container, is not considered concealed.

The most common gun charges in California include:

(1) Possession of a firearm without a permit. It is a misdemeanor to possession a firearm without a permit and carries a potential sentence of up to one year in jail.

(2) Brandishing a Firearm is also typically filed as a misdemeanor. If you draw or show a firearm, whether it’s loaded or not, in a threatening or angry manner, you may be charged with this offense. The punishment for this offense depends upon the circumstances. If the firearm is the type that can be easily concealed and took place on public property, you can be sentenced to a minimum of 3 months to 1 year in jail. But, if it not committed in a public place, you face 30 days to 1 year in jail.

(3) Brandishing a firearm while in a vehicle can be filed as a felony. This carries a potential sentence of 16 months to 3 years in prison.

Being in possession of a firearm, and found to be in commission of another crime, will enhance your penalty. The sentence in felony weapons charges depends upon several things, including: (1) What the weapon was; (2) How it was used; (3) Your criminal History; and (4) If the weapon was concealed.

California gun laws are very complex and require the knowledge and expertise of an experienced criminal defense attorney. There are defense to weapons charges and it is therefore extremely important to seek the advice and assistance of an attorney specializing in weapons charges. It is equally important to seek the advice of an attorney who is familiar with the court in which your case is pending. A good Orange County Criminal Defense Attorney who is familiar with all of the individual Courts in the Orange County, will be better equipped with the knowledge of how to get the best possible outcome for someone being charged with a weapons charge.

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Two young men, both 18 years old, were recently arrested and charged with Burglary and Receiving Stolen Property, both Felonies and Tampering with a Vehicle and Petty Theft, both misdemeanors. The young men were stopped by police officers while riding their bikes in the early morning hours in Tustin, Orange County, California. Police officers found electronics, cameras and other items in a backpack belonging to one of the young men. Also found was a GPS which, according to Police Officers, was from a Mercedes that had been reported missing.

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. possession of stolen property or receiving stolen property is defined as a person who has property that was gained by theft, fraud or any other crime. The person must also have knowledge that the property was stolen or gained by fraud. If the prosecution can show that it was obvious that a reasonable person had this knowledge but ignored, or chose not to investigate further, they can be found guilty of the charges.

Receiving stolen property under California Penal Code 496 is considered a “wobbler”. This means that, depending on the circumstances of the case and the criminal history of the accused, it can either be filed as a felony or a misdemeanor. If convicted of a misdemeanor, the sentence is up to one year in County Jail. But if convicted of a felony, the sentence is 16 months to 3 years in State Prison. First Degree Burglary is always filed as a Felony. 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; 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.

There are several defenses to these charges that, in this case, an experienced Orange County Criminal Defense Attorney should consider, depending on the circumstances of the case. Some of the more common defenses to Receiving Stolen Property are: Mistake of fact, meaning that he didn’t know that the property was stolen. Also, believing that he had a right to the property. If either or both of these can be proven, he cannot be convicted of the charge. Similarly, if he didn’t know that he possessed the stolen property, in other words, someone placed the property in his possession without his knowledge, he would be entitled to an acquittal. Some common defenses to first degree burglary include: Intent, it must be proved that you intended to commit a theft when you entered the dwelling; 2) Mistake of fact, you believed you had the right take something back that belonged to you; 3) Consent, you were invited in by the owner and the owner knew of your intent to commit theft (this becomes complicated); and 4) You are innocent of the charges. This could include mistake in identity and/or misleading evidence. Defenses to all of the crimes include whether or not the police officers had probable cause to search these two young men’s backpacks; were their constitutional rights violated. This is extremely important because if there was any misconduct on the part of the officers and the rights of these young men were violated, the case could be dismissed all together.

These two men are facing serious charges, and at their young age, can affect them for the rest of their life. While you are considered an adult at the age of 18, most 18-year-old boys are still not mature enough to stop, think and really consider how serious their actions are and what the consequences might be. Especially if they have never been in trouble with the law and have never had legal consequences. For this reason, it is extremely important that these young men be represented by experienced criminal defense attorneys, who have experience in not only defending these charges, but also with defending young adults.

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