Los Angeles Criminal Lawyers Blog

When you have been arrested for a criminal charge, your case will go through several stages. First is when you get arrested. At that point, you have not been found guilty of a crime. At that point you have only allegedly committed a crime, and a court of law must find you guilty beyond a reasonable doubt.

The first Court appearance you make is called the arraignment. At the arraignment, you will be asked to enter a plea and will be presented with a plea bargain by the Prosecutor. You can accept the plea and plead guilty right away, or you can choose to decline the plea and plead not guilty or no contest.

If you plead not guilty, you will be given a date for Pre-Trial. At the Pre-Trial hearing you still have the opportunity to accept a settlement offer from the Prosecutor. However, you must be able to determine whether an offer is a good one, or whether you should continue on to trial. If you do not have any legal experience or have not dealt with criminal cases before, it is difficult to determine.

This is why people will often accept the first offer at Arraignment and will not consult with an experienced San Diego Criminal Defense Lawyer. However, if they plead not guilty and continue onto trial, they may still consult an attorney. It is best, in any case, to speak to an attorney before entering a plea or appearing on your own.

If you hire an attorney right after you get arrested, you do not have to deal with the hassle of taking off work and appearing in Court. Furthermore, it is a stressful time to deal with your options when you have not dealt with it before. An attorney takes care of everything for you, so you can focus on other things in your life.

When you have an attorney representing you, at any stage of the case, you get the benefit of a knowledgeable specialist that is helping set up and negotiate a good offer to help settle your case. Attorneys will gather the right evidence, study surveillance tapes and speak to available witnesses. They will prepare the strengths of your case and continue to negotiate with Prosecutors so that they have already set the stage for a good offer the very first time they appear in Court.

A Criminal Defense lawyer is available to help you at any stage of criminal proceedings. However, it is advisable to seek help prior to appearing in Court for your arraignment. It not only helps the attorney have an adequate amount of time to prepare for a good offer, it also gives you the peace of mind you need. In the very least, it is a good idea to speak to an attorney after your arrest. Consultations are free and within a few minutes you will feel confident in your decision to hire an expert.

On Tuesday, February 7, 2012, the San Diego City Attorney's office declared that Los Angeles Laker player Kobe Bryant would not be charged with assault arising from an incident that occurred last August.

Alleged victim, Thomas Hagos, 20, asserted that Bryant assaulted him while both were attending church in the upscale neighborhood of Carmel Valley. California Penal Code §240 makes it unlawful for any person to make an unlawful attempt, couple with present ability, to commit violent injury to another.

Hagos claimed that Bryant had aggressively grabbed his arm accusing the 20 year old of having tried to take his picture. Hagos was taken to the hospital with a minor wrist sprain.

It is important to remember that with an assault charge, no actual harm or injury needs to occur for a person to be found guilty. However, in order for a person to be convicted, the government must prove that there is evidence that proves he is guilty beyond a reasonable doubt. This means that the prosecutor must demonstrate that the evidence presented in court leads the jury to believe that there is no other explanation, but that the defendant committed assault.

In many situations, there is not enough evidence for a conviction. It is difficult to prove an assault case, because it is hard to determine the person's intent to harm, especially when it results in no injury. In an assault case, the prosecution will interview witnesses, medical reports, and other evidence that may exist at the scene. In the case against the basketball star, the strongest evidence would be that of witnesses who saw the altercation take place.

Due to the fact that no injury is required, there is a lot of room for false allegations in a San Diego Assault case. In situations with celebrities, the government has to be very careful in what charges they bring. They must make sure that there are actual facts and evidence to support the charge, and not just an overzealous fan who wants their moment in the limelight.

In the assault case that was dismissed today, the prosecutor, Jan Goldsmith, did her job diligently. Stating that "as prosecutors we cannot ethically file a criminal case when we lack sufficient evidence to prove the case beyond a reasonable doubt".

When it seems that there is sufficient evidence to bring charges forward, it is the job of the San Diego Criminal Defense attorney to cast doubt on the evidence presented. They must weaken the supporting evidence so that the jury cannot reach the conclusion that the evidence proves the case beyond a reasonable doubt.

The argument presented can make or break the case. That is why it is important to consult with a knowledgeable professional so discuss the strength of the evidence and possible defenses. The most favorable outcome is what your attorney will fight for so that you can get your case dismissed like Kobe Bryant's.

When you have been arrested for a criminal charge, the Prosecutor will present you with an offer on the day of your arraignment. This is referred to as a plea bargain. The offer will ask you to plead guilty to a crime, and in exchange, they will give you a lesser penalty. Many people accept this officer without consulting an attorney, and more often than not, take an offer they shouldn't have.

For example, let's say a person has been charged and arrested for drunk and disorderly conduct. The prosecutor offers a misdemeanor drunk and disorderly conduct, with no additional fines than the bail paid, and no jail time other than time served.
The average person will see that there is no jail time and no additional fine and will immediately assume it is a good offer. In order to finish the case as soon as possible they will plead guilty and accept the offer. However, pleading guilty to a misdemeanor has many more consequences than people realize. A misdemeanor will remain on your record until it is expunged and will have to be reported to educational and financial intuitions as well as on job applications.

Furthermore, how does the average person know if the offer is a good one? In the above example, the person sees the no jail time, and no fine and quickly accepts. But do they know what the maximum sentence that could be imposed in their specific situation would be? While a drunk and disorderly charge could carry with it a jail sentence, it is rarely imposed in first time offenses. It is a common charge, and not one that prosecutors are eager to impose jail sentences, or even take to trial.

In many situations, the offer is rejected and the case is set for trial. It takes a lot longer, but prosecutors will offer a better, more reasonable offer, which the person charged should wait for. In a drunk and disorderly conduct case, the person could bargain for it to be reduced to a disturbing the peace charge. A disturbing the peace charge can be an infraction, which does not have to be reported, and carries with it no potential jail time or probation.

Consulting an experienced San Diego Criminal Defense lawyer will not only inform you of when a plea bargain is not a good offer, but will also help push the government to give you a better deal. It is always in your interest to push a case to trail and refuse to take an offer when the elements of your case do not rise to the level of being found guilty. The average person cannot make this determination; it must come with the knowledge and years of experience that only a criminal defense attorney who has been practicing for years has.

When a person has been arrested for drug possession, the arresting officers will determine whether the charge will be drug possession, or drug possession with intent to sell. To make the determination, officers will look at the facts.

A simple drug possession charge, while taken seriously by courts, will yield a lesser penalty than when there is an intent to sell. Therefore, it is always better when the charge is just drug possession and the officers determine there is no intent to sell.

Officers will survey the situation, taking all things at the crime scene into account. Let's take an example. Officers come into a person's house and arrest them for drug possession. In the home there are many baggies or drugs, each measured in the same amount. There are also many scales scattered throughout the room and bundles of cash. It is safe to assume that the person charged was not only using drugs for their own possession, but had the intent to sell. The facts, measured bags, vast amounts of cash, indicate that the drugs were not simply for personal use.

In comparison, consider a second example. Officers enter a home and find the person using illegal drugs in his home. There is drug paraphernalia in front of him on the table, and a container with a couple ounces of the substance. In this situation, it seems that the drugs were used by the person alone. There are no facts or indicators that point to another reasonable conclusion. In this scenario, he will likely be charged with possession, and not an additional intent to sell.

It is important to remember that in drug cases, there are several defenses available. If officers obtain the evidence or enter a person's home without a search warrant, or reasonable circumstances it could be a violation of the person's Fourth Amendment rights. If there is indeed a violation, then the exclusionary rule applies, which will exclude the evidence from trial.

Additionally, if the drug you are charged with is marijuana, there may be changes in law that would make it nothing more than an infraction. If the person holds a valid medical marijuana card, they may also have a valid defense in State criminal cases.

The difference between drug possession and intent to sell could mean jail time and longer probation. The facts must be demonstrate that there was an intent to sell beyond a reasonable doubt before a person can be found guilty. There is a lot of subjectivity and a lot of the evidence depends on who strong of an argument is presented by defense or by prosecutors.

Consulting a Los Angeles Drug Possession Lawyer is a good idea. They can explain to you how strong your case is for intent to sell, and what the chances are that it could be reduced to a simple drug possession. Additionally, they are able to assess the facts of your case to determine whether there is a defense that could work in your favor so that you case may be dismissed.

Under California Penal Code §240, a person will be charged and possibly convicted of an assault if there is an unlawful attempt, along with a present ability, to commit a violent injury on the person of another. It is important to note that in an assault charge, unlike a batter charge, the offender does not actually have to cause injury or harm.

Despite no actual harm, the Los Angeles courts take assault cases very seriously, especially in instances where a firearm is used. Under California Penal Code §245(a)(2), it is unlawful for a person to commit assault upon the person of another using a firearm. The penalty for an assault with a firearm case is greatly more significant than an assault as it stands alone.

The potential sentencing range for an assault varies depending on the specific facts of the case and the person's prior criminal history. However, the final sentence must fall within the range set by legislation. For an assault without any kind of weapon the person could serve anywhere between zero to six months in County jail and up to $1,000.00 fine, or both. In comparison, the potential sentencing range for an assault with a firearm is six months to a year in County jail, or two to 4 years in state prison, and/or a fine of up to $10,000.

The penalty significantly increases when a person is in possession of a firearm.
The code section provides many different types of weapons used during an assault, and each carries with ti a different potential sentence. Firearms are some of the most harshly punished weapons in an assault case. If you are charged with an assault with a deadly weapon or firearm , it is very important that you consult with an experienced Los Angeles assault lawyer.

There are also available defenses for an assault case, and if you can successfully assert a defense, your case may be reduced or dismissed. In an assault with a firearm charge, one of the most common defenses is self defense. However, in order for self defense to be properly used, the amount of force used by the person being charged, must be reasonable in comparison to the person who was assaulted.

For example, Victor and David get into a fight at a bar. Victor hits David with his hand, and David takes out his gun and attempts to shoot Victor. David is charged with Assault with a Firearm, because he attempted to cause harm to Victor. Self defense cannot be used because Victor was not using a firearm to assault David, he was using his hands so the amount of force David used was unreasonable.

An assault is a serious charge, but is made even more serious when there is a weapon involved, especially a firearm. It enhances the actual assault and increases the potential range of penalties. If you have a prior charge on your record, the criminal Judge will lean towards the higher end of the sentencing range in comparison to a first time offender. Seek the help of expert Los Angeles criminal defense counsel to discuss all your options and possible defenses so that your case has the best possible chance of being dismissed or reduced

When a person has been convicted of a crime, they will be brought before the Criminal court to be tried for the charge. If a person is not a citizen, they will be sent to an immigration detention center and put on immigration hold.

Immigration hold means that their status may be in jeopardy, and they must be brought before the Immigration Judge before their criminal case can be tried. If you are not a citizen and hold legal status, such as a visa, green card or are a refugee then there are certain crimes that could cause you to be deported and your status revoked.

These crimes are serious in nature and include the following; drug crimes, crimes involving firearms, aggravated felonies, domestic violence and crimes of moral turpitude. Crimes of moral turpitude include crimes that question the morality and ethical nature of your person. Murder is such a crime. Courts generally take a no nonsense approach to crimes involving domestic violence. Drug offenses will also be taken seriously for all drugs other than marijuana possession or sometimes sale.

For those that are not citizens and hold no legal status in the United States, there are certain crimes that will cause them to be deported right away. Additionally, if it is a certain type of crime designated by statute, then the personal will also become inadmissible to apply for legal status. These crimes include: drug trafficking crimes, prostitution, convictions of more than one crime, and crimes of moral turpitude.

If you do not have immigration status, and are charged with a Los Angeles crime discussed above, it is very important that you hire a knowledgeable Los Angeles Criminal Defense Lawyer to fight for your rights and have the case dismissed or reduced. If the case is dismissed or reduced, then the Immigration Judge can only take into account what you have been convicted of, if you are convicted of anything. If there is no conviction, then your immigration status will not be affected if you have legal status, and if you do not have legal status, you will not become inadmissible to apply.

Once the criminal case has been dealt with, it is imperative to hire an Immigration attorney to help assure your status is restored. Many criminal defense attorneys work with experienced Immigration attorneys to help provide clients with a comprehensive team of experts. The Immigration attorney and the Criminal defense attorney work together to prepare the most powerful argument and defense for both your cases. It is more important than ever to retain excellent counsel so that your criminal record stays clean, and in turn, you are not deported away from the country you now call home.

Drug Trafficking is a serious crime and carries with it some serious penalties. Drug trafficking is when a person transports a large quantity of controlled substances or illegal drugs with the intent to distribute, sell or deliver. Because drug trafficking requires that drugs are transported into the country, it involves Federal law and is therefore a matter for Federal courts.

Federal courts will hear all matter that relate to international crimes, or crimes that involve interstate travel. Federal courts are harsher with penalties than the State court and involve mandatory minimum sentences that usually include jail time. When states present legislative guidelines for a crime, generally for misdemeanor offenses the range will start at zero jail time and increase upward. This means that the State court Judge is free to allow no jail time for a conviction. He or she is free to offer community service, a fine, probation or otherwise, without having to include any kind of jail sentence.

In comparison, Federal legislative sentencing guidelines offer a minimum jail sentence. The Federal court judge MUST in the very least impose the minimum jail sentence and can go upwards from there. Therefore, when a person is charged with a Federal crime, it is important to consider that a jail sentence will likely be a part of the penalty if the person is convicted. Therefore, it is important for a person to understand the significance of being charged with a Federal drug crime and should consult a Criminal Defense expert regarding their options.

Drug trafficking is no exception when it comes to a harsh penalty. Penalties depend on what type of drug was being transported and how much the amount was. For many drugs the sentencing range starts at 5 years in prison, and for other can be anywhere up to 20 years in prison. These are the mandatory minimum sentences, which means that the Federal Judge must impose this in the very least.

For example, for a cocaine base, first offense, in the amount of anywhere between 28 to 279 grams, will face a range of potential consequences. The mandatory minimum sentence will be 5 to 40 years in prison. If there is a serious harm or injury, including death, the person will be facing 20 years to life imprisonment. Additionally, a fine of no more than $5 million will be imposed for an individual that is charged, and $25 million for more than one person.

The example above gives a good example of how severe the penalties can get for a charge of drug trafficking. Drug trafficking is not a state offense, otherwise the penalties imposed would be lesser so. Because the consequences are serious, it is most beneficial to consult with a California criminal defense attorney who works closely with attorneys practicing Federal criminal law. Speak to someone you can trust and someone who you know will fight for you rights and to dismiss or reduce your case.

California Vehicle Code §2800.1 makes it unlawful for any person with the intent to evade, or willfully flee or elude a police officer's motor vehicle. There are many different conditions that must exist for a person to be found guilty of an evading an officer charge. They are each defined by the statute. One of the conditions must exist and proven in Court beyond a reasonable doubt.

The officer must be exhibiting atleast one visible lighted red lamp, and the person evading the officer must have reasonably seen the lamp. If not, the officer must be sounding his alarm as is reasonably necessary, or the vehicle must be distinctively marked. The last condition that may exist is that the officer's car is operated by a peace officer and the officer is wearing a distinctively marked uniform.

In order for a person to be convicted of this charge, the prosecutor must prove that one of the above mentioned conditions existed beyond a reasonable doubt. For example, let's say that Dave has jogged to his neighborhood grocery store. He goes inside and picks up a pack of cigarettes and pays at the counter. For some reason, there is a mistake by the store owner and they believe that Dave has taken extra cigarettes and they call the police. When Dave goes outside a police vehicle follows him down the street. Dave does not notice the officer, as he has his ipod on and he goes on jogging and eventually runs home. The officer does not turn on his alarm, just his light and continues to follow Dave, who is running faster and faster on his way home.
The only condition that exists in this scenario is that the officer had his lights on. Prosecutors must prove that the light was on and Dave was aware of the light and the fact that he was being asked to stop by officers. The officers did not turn on their alarm, and Dave did not notice that the officer was following him, even though the vehicle was marked. The government may certainly charge Dave with Evading an officer, but they will have a difficult time proving their case.

A person who has been charged and convicted with evading a officer is looking at a misdemeanor charge. The guideline sentence established by legislation imposes a penalty of up to one year in county jail. The final sentence will depend on the specific facts of the case, and prior history of the person being charged. Additionally, evading a police officer is often a charge in conjunction with another, more serious charge such as Los Angeles burglary.

An evading an officer is a misdemeanor charge, and with the proper criminal representation from a knowledgeable Southern California Criminal lawyer can assure that the additional charge is dropped, or if it stands by itself, it is reduced or dismissed completely.

When a person has been arrested for a Los Angeles drug offense, the City Attorney or District Attorney will determine whether the case will be filed as a misdemeanor or felony. The level of the offense depends on the specific facts of the case and the criminal history of the person being charged.

In certain situations, the crime will be charged as a Federal offense, and will be dealt with by Federal courts. A charge will become Federal when it involves a significant amount of drugs, involves inter state travel or took place on Federal land, state park or aboard a plane.

For example, David puts 40 pounds of marijuana in his car and drives from California to Colorado. He will be charged under Federal law. Similarly, if David was growing marijuana in a neighboring state park, he will be charged under Federal law.

If a drug is charged under Federal Drug law, there will be a mandatory minimum sentence, that will generally involve jail time and sentences are usually a lot stricter than State law. For a simple possession, first offense, a person being charged could fact anywhere between 15 days to 2 years in prison and a fine between $2,500 to $250,000.

For a second offense, the person is facing anywhere between 90 days to 3 years in prison and a fine of $5,000 to $250,000. The difference between state and federal guidelines is that State guidelines generally start with a minimum of zero days in jail. In contract, Federal law gives a minimum mandatory sentence. This means that the Federal Judge must give the minimum jail time in the very least, they do not have the discretion to deviate from the sentence. They may impose jail time beyond the minimum and within the maximum but they do not have the authority to give zero jail time like the state guidelines allow.

When your state imposed drug offense is not longer a state matter, a Southern California Drug Offense Attorney will not be able to help represent you, unless they are licensed to appear before the Federal Judge. Many criminal defense attorneys are able to do so, and if they aren't, are associated with other criminal defense attorneys who would be able to.

A federal charge is a serious concern. It precludes a person from applying to government positions, job as well as educational institutions. A federal case, much like a State criminal case must be taken very seriously. The help of a Southern California Criminal attorney will help a person who is being charged learn their options and speak to someone who is an expert in the area. At the Federal level, legal representation is highly recommended. The penalties are more severe and the facts of the case involve different laws, other than those of State laws. To properly defend and argue a case, it is necessary to have someone who is well versed and knowledgeable in Federal law.

The Fourth Amendment of the United States Constitution protects against unreasonable search and seizure. What areas can a person expect to have their privacy protected? Where does their privacy end, and public space is open.

Each person is protected by the Fourth Amendment in an area where they have a "legitimate expectation of privacy. " The difficult part is ascertaining what is considered to have a legitimate expectation of privacy. Case law has established a two part test to determine what is protected by a person's Constitutional rights. Did the person actually expect some degree of privacy, and was that privacy objectively reasonable?

For example, if a person is in a dressing room changing and officers have placed a video camera in the stall to catch shoplifters, it is a violation of Fourth Amendment rights. The person who is in the dressing room, expects that it is a private place, no one is watching, and therefore they have a legitimate expectation of privacy in a room where they changes, even if it is technically a public place.

In comparison, a person does not have a legitimate expectation of privacy in their back seat. For example, a driver has a box of heroin in his back seat. Officer's stop him for running a red light, and see the box in the back seat, in plain view. There is no legitimate expectation of privacy, because a backseat is visible to anyone who walks by a parked car or otherwise.

Another, trickier, example is a garage. A person often leaves their garage open for the neighborhood to say. So one can argue that similar to a back seat, it is in public view and can be seen and therefore there is no legitimate expectation of privacy. However, it is a part of a person's home, where they expect to have privacy. A garage can be argued either way, a presentation and strong argument presented by a Southern California Criminal Lawyer will determine whether the person had a legitimate
expectation of privacy or not. If the person leaves their garage open often, and has neighbors and others in and out of it, there may not be an expectation of privacy, and may not be protected by the Fourth Amendment. However, if the person stores lots of personal belongings and keeps the door closed, then there is an argument that it is private and is protected by the Fourth Amendment.

Determining whether the area searched had a legitimate expectation of privacy is the first and foremost concern with a claim for Fourth Amendment violation. Constitutional rights are taken very seriously, and if there is a claim for a violation, the Court will deal with it very seriously. Consult an experienced San Diego Criminal Attorney so that you know if your Fourth Amendment rights were violated. If they were, it could leave to the evidence being thrown out and your case being reduced or dismissed.

Under the Fourth Amendment of the United States Constitution, a person is protected against illegal search and seizure. No one's personal space with which they have a legitimate right to privacy may be violated by unreasonable search. Any authority searching personal spaces must have a search warrant, or probable cause, or the search will be unreasonable.

If the evidence was seized unreasonably, and it is proven in Court that officer's violated the person's Fourth Amendment rights, the exclusionary rule will apply.

The exclusionary rule states that any evidence that has been obtained as a result of an unreasonable search or seizure, will be excluded as direct evidence in a criminal case. Many feel that it is extreme to now allow evidence that could convict a guilty person due to a officer's misconduct. However, the exclusionary rule deters officers from straying from rules that protect a citizen's privacy.

For example, officers have been watching David grow and sell marijuana in large quantities for about two weeks. They have gathered surveillance and photographs that could convict David. One day, while David is putting away kilos of marijuana in his garage, officers who are watching storm into his home and confiscate all evidence they find. The officer's search was unreasonable. They had time to get a search warrant, and did not need to immediately search the premises. There was no exigent circumstances that warranted immediate action. Immediate action will comprise reasonable searches in situations where there is an immediate threat of the suspect getting away, or evidence being destroyed. In this situation, David did not know that the officers were watching, and officers did not need to act immediately.

When David's case goes to Court, the evidence confiscated in the house will fall under the exclusionary rule and will not be used as direct evidence against him at the trial for Drug Possession and Sales. This ensures in the future that officers take the time to obtain a valid search warrant and demonstrate to the Judge that there is enough evidence to justify an intrusion of Defendant's property.

An experienced Los Angeles Criminal Defense lawyer has dealt with thousands of criminal defense cases. Many of which involve evidence that was obtained illegally and in violation of a person's Constitutional rights. These pieces of evidence should not be considered at trial. In many situations, when the evidence is not admitted, it leads to a dismissal of the charge for lack of evidence. This is why it is very important to determine whether all evidence was obtained properly, otherwise it could result in your charges being dropped or dismissed. Consult a Los Angeles Criminal Defense attorney to discuss your case and assess the facts so that you are sure you properly present all defenses that are available to you and proper arguments that strengthen your case.

When an officer feels that they need to search your home, personal space or belongings, they will have to obtain a search warrant. Your personal space is protected from unreasonable searches by the Fourth Amendment of the United States Constitution. If officers feel that they have to search any area that is under your immediate control and personal, they must obtain a search warrant, unless there is probable cause for an immediate search.

In situations where there are no exigent circumstances, officers will have to first obtain a search warrant. Exigent circumstances are those in which if the officer's don't act immediately, the evidence may be destroyed, or they may lose the suspect.

For example, officer's respond to call made by neighbors regarding loud noise and yelling coming from the house next door. When officers arrive at the house, a distressed woman answers and looks as if she has been harmed. Officers ask if she is ok, and hear voices in the background saying that it is the police and officer's see drug paraphernalia and drugs on the table behind the woman. Immediately, officers ask the woman to step aside, enter the premises and confiscate all drugs and related paraphernalia.

In that situation, there was no time to obtain a search warrant. If officers had gone to get a search warrant from a Judge, the evidence would have been destroyed and cleaned out. Officers had probable cause to search the home without a warrant. Probable cause is based on the specific facts of the situation. In this case, the officers saw drugs and paraphernalia that indicated drug usage. They had reason to believe that drugs were being illegally used and sold based on what they saw. They also had reason to believe that if they did not act quickly, the drugs and evidence would be destroyed, causing it to be difficult to bring a Los Angeles Drug Sale charge later.

In comparison, lets assume officers have been watching a guy for a few weeks. He has been selling drugs and smuggling drugs into the country. They have lots of evidence to indicate that he is involved in serious drug sales, but need some more before they move in on him. On a stake out officers observe the suspect, without his knowledge, take unmarked packages and move them into his garage. The packages are undeniably cocaine. Officers come up to the suspect and search his garage and home. In this situation, officers did not act in accordance with the suspect's fourth amendment rights. There were no exigent circumstances. Officers had been watching the suspect for some time and had evidence against him already. The suspect did not know he was being watched so he would not have destroyed evidence, or run from the officers. Officers had the time to obtain a search warrant and then present it to the suspect and proceed with searching the home.

If you feel that officers acted without a search warrant when one was required, your case could be dismissed. Consult a Los Angeles Criminal Defense lawyer to assess whether your Constitutional rights were violated.

Under the United States Constitution, you are provided many protections and right. One of the most heavily protected rights is the Fourth Amendment right to be free from unreasonable search and seizure. The Fourth Amendment right reads:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

The right protects your privacy, and promises that your personal space and belongings will not be unreasonably searched. However, officers and government agents have the right to search your personal space and belongings under circumstances that make it reasonable.

Reasonable searches will be valid where officers can obtain a search warrant from judge, or where they feel that there is probable cause. Probable cause searches, without a search warrant, will be justified when there are exigent circumstances. Exigent circumstances are situations in which if the officers waited to obtain a search warrant, the evidence could be destroyed, someone is about to commit a crime, or where they feel the suspect would get away.

For example, let's say officer's stop a driver for running a red light during the day. When officers step up to the vehicle the driver fully cooperates, provides officers with license and registration and explains that he is late for an important meeting and was not paying attention. The driver is wearing a suit, is apologetic and has a clean car. Officer's ask the driver to step out of the car and search the entire care, including the glove compartment and the person's briefcase in the backseat for drugs.

This would be a violation of the driver's fourth amendment rights. It is daytime, the man is well dressed and all facts point to the fact that he is heading to work and is late for a meeting. There is no smell or signs that indicate the man is intoxicated and under the influence of either drugs or alcohol. The search is unreasonable and unwarranted and the officers have violated the driver's rights to privacy.

In comparison, let's consider the same scenario. However, this time it is nighttime, the driver is dressed in shorts and a t-shirt. He tells officers he is late to go somewhere, but pauses a lot between words, and forgets his train of thought. Additionally, when officers approach the vehicle the driver opens a window and fans out some smoke, and the car smells of strong marijuana. In this situation, the visible smoke, and the smell justify the suspicion that there may be drugs in the car. Officers search the car and the person's contents. This is not an unreasonable search, like the previous example, because there is probable cause to believe that the driver had drugs in his possession which could be a criminal violation.

If your personal space or belongings have been searched, it may be unreasonable. A violation of your Fourth Amendment rights could lead to a dismissal of your case. Consult a knowledgeable San Diego Criminal Defense specialist to determine whether your case should be dismissed.

Many of our clients who have been charged with a Driving Under the Influence charge, claim that they did not become intoxicated at their own volition. Many argue that someone tampered with their drink, and added more alcohol or possibly even a drug that led them to become intoxicated.

This is a defense that has to be presented carefully. It requires strong evidence that supports the argument being made. Prosecution will prepare a strong rebuttal in each situation, but an experienced San Diego DUI Lawyer will be able to anticipate the potential arguments and will have a powerful defense prepared in your favor.

To prove that there was involuntary intoxication, one of the strongest types of evidence that may be presented is witness testimony. If a person can provide testimony that they directly observed someone pouring alcohol or drugs into your drink, without your knowledge, your case may have a strong defense. However, there are several concerns by prosecutors when proving a criminal case through the use of witness testimony.

One of the concerns will be who the witness is. If the witness is a close friend, family member or a significant other, the prosecutor will present the argument that the person might be biased, and their testimony may not be credible. If the person is someone you are close to, their testimony will likely be presented in a light most favorable to your case. In these situations, testimony will be taken as evidence, but the Prosecutor will do their best to discredit or weaken the evidence.

If the witness testifying is a stranger, someone who was at the scene and has no previous relationship with the person being charged, their testimony will be given more weight. Similarly, if it is a direct observation by a bystander, it will provide strong evidence for the defense.

Other forms of evidence that may be presented are surveillance tapes, which will also be strong evidence. Weaker forms of evidence can be circumstantial evidence such as possibly a receipt indicating that non alcoholic drinks were bought. However, circumstantial evidence is difficult to find in cases regarding involuntary intoxication and may not be the strongest support for the Criminal Defense attorney's argument.

A defense for cases that involve intoxication is difficult to prove. The evidence is available, but even when presented may not be as strong as it should be. It is the job of the Criminal Defense Lawyer to prepare an argument that is powerful and gather evidence that cannot be doubted in Court. If it can be proven that intoxication was involuntary and against a person's will, then there is a key component of a criminal case missing. Each criminal case must be the result of a person's own volition. Proving involuntary intoxication may lead to a case being dismissed or reduced.

When a person is arrested for a Drug charge in Southern California they could possibly face a conviction and jail time. Any drug charge on a person's record could cause future issues with job and school applications. It is in the person's best interest to do all that they can and utilize all available defenses to assure that the charge is reduced or dismissed.

Many of our clients are not guilty of the crime they are being charged with, and it is simply a matter of being in the wrong place at the wrong time. Many of our clients inform us that the drugs that are found in their possession are not theirs, but a friend's or an acquaintance.

For example, lets' say that Dan and Frank go to the beach and Frank drives. Unbeknownst to Frank, Dan has brought marijuana in a bag and put it in Frank's glove compartment. After the beach, Dan forgets to take his marijuana with him and leaves it in the car. A couple days later Frank gets pulled over for a routine traffic violation and when he reaches for his insurance, the bag of marijuana falls out and officers arrest him for possession of a controlled substance.

How does Frank prove that the marijuana is not his, and it was a friend's? This is a difficult defense to argue, because it is difficult to present evidence that will make your argument strong. Frank must prove to prosecutor's that he did not know the marijuana was in his car, and he must show that it wasn't his.

In certain situations, a witness may be able to testify that will make the defense stronger. It may be that Dan is willing to testify that the marijuana was his and that Frank did not know that it was in the car. However, that would require that Dan be charged, and depending on how good of friends Dan and Frank are, it may not be an option.
In other situations there may be a third party that would be willing to testify. In the previous example, lets say that Tom was in the backseat. Tom had just met Frank and was a friend of Dan's and saw Dan put the marijuana in the glove compartment. If Tom were to testify in Court that he saw Dan bring the marijuana into the car and put it in the glove compartment, and that Dan was known to smoke it might strengthen Frank's defense .

The nature of the relationship the witness has with the person being charged will play a strong role. If the witness and the charged person are good friends, it may cast doubt on the credibility of the testimony and Prosecution will argue that it is weak evidence since it may be biased. In the hypothetical situation of Tom, the testimony may be somewhat stronger because Tom is testifying against his friend, on behalf of a person he does not know too well. A knowledgeable San Diego Drug Possession Lawyer will play up this aspect and present evidence that wills strongly support their defense.