There are a limited number of defenses that you can give once the prosecution in a case has proven that you did, in fact, commit the act that they claim you committed. Here, <a href=”http://attorneyzuniga.com/criminaldefense.html”>Lancaster, CA proven criminal lawyers</a> have compiled a list of the most common and most useful defenses for an established act.
Accident: Most criminal offenses in the California Penal code are intentional, meaning if you did it by accident, it’s not actually a crime. For example, if you accidentally walk out of a store forgetting that there’s an unpaid-for toaster on the bottom shelf of your cart, and you can prove it was an accident, you can’t be charged with theft.
Duress: Similarly, many criminal offenses cannot be prosecuted if you can prove that someone made you do it by making a tangible and immediate threat to you or a loved one. “Steal the toaster or I’ll shoot your daughter” is a valid defense against the charge of theft.
Entrapment: If you commit an offense because a law enforcement offers harasses, threatens, or tricks you into do it, you cannot be held accountable in most cases. This is often the case in ‘sting’-type scenarios when an undercover cop attempts to catch someone in the act of committing a crime and feels like they’re about to fail. ”
Insanity: Insanity is particularly difficult to prove in California. In our state, you are only legally insane if you are too mentally compromised to understand what you have done, or you are literally unable to tell the difference between right and wrong. In some cases, the insanity defense is worse than a guilty verdict, because it can result in a long involuntary stay at a psychiatric facility.
Mistake of Fact: Some offenses aren’t accidental, because you meant to commit the act — you just thought that you were doing something different. For example, if you pick up someone else’s laptop on your way out of the coffee shop, it’s not theft if you believed it was your own (and you promptly return it upon learning your mistake, naturally.)
Necessity: When you have the choice between committing a low-level crime and suffering a meaningful loss, in certain situations the crime can be absolved by proving the necessity. For example, if you’re drunk and someone tries to rape you, it’s not a crime to get into your car and drive away — because the presence of the rapist made driving under the influence a necessity.
Self-Defense: If you use an appropriate amount of force to defend yourself (or another person), and it’s clear that escape wasn’t an option, the assault you committed can be set aside.
Involuntary Intoxication: If someone drugs you against your will and you commit a crime because you are too intoxicated to be conscious of your behavior, that crime can be set aside. This is most common for charges like Indecent Exposure and Driving Under the Influence.
Unconsiousness: If you commit a crime while you are actually unconscious — such as sleepwalkers or people under the side effects of one of a few prescription medicines — you cannot be held liable for the acts you committed while in that state.
Are there other ways you can defend an act you committed? Of course — but this is a fairly rigorous list and will account for the vast majority of successfully-defended criminal accusations.
It can be a very dangerous life if you’re in the country illegally. There are so many situations where Americans instinctively rely on rights and governmental assistance that they take for granted — and you can’t. If you get attacked by a malicious person on the street, you can’t go to the police without risking discovery and deportment. This makes it particularly dangerous in rowdy areas to “look like an immigrant” — even worse to act like one.
Fortunately, there is one ‘counter-loophole': a law that protects one group of immigrants who would otherwise be in one of the most difficult situations you can imagine — domestic abuse victims. If you can imagine the terror of living with someone who is physically violent with you, believing that if you tell anyone you’ll be taken out of the country and never allowed back — or worse yet, if you don’t have to imagine — be assured.
The Violence Against Women Act protects illegal immigrants, granting them an opportunity to remain in the country — a path to citizenship — if they can show that they’re in an abusive relationship. Despite the name, the Act protects male and female immigrants equally, as well as the illegal children of abusive spouses.
If you think you might need the protection offered by this law, here’s what you need to know:
- You must file the VAWA petition within 2 years of the most recent abuse.
- The abuse must be considered “battery” (unwanted physical contact) or “extreme cruelty” (mental, emotional, or sexual abuse.)
- You must be the spouse, parent, or child of the abuser, and live with them.
- You must establish your own good moral character.
- If you are the spouse of your abuser, you must prove that your marriage is legitimate.
- If you are divorced from the abuser, the divorce most be because of the abuse, and must have been finalized within two years of the petition filing.
If you can meet those six criteria, you can file under the VAWA. If you can acquire a police report, a restraining order, or any other form of official paperwork that indicates that there is a legal background for your claim of abuse, it will help your petition immensely. If you need assistance, call <a href=”http://attorneyzuniga.com/restraining.html”>Lancaster, CA assault lawyers</a> at the Law Offices of Jesus Zuniga today.
If you’re a parent that has been found guilty of an act of domestic violence and you love your children, you’d better work very hard to ensure that your spouse stays with you. Once you’ve gotten a domestic violence charge on your record, it’s very easy for a child custody lawyer to make sure that you don’t end up responsible for — or even necessarily able to contact — your own children.
According to the <a href=”http://attorneyzuniga.com/criminaldefense.html”>Lancaster, CA domestic violence lawyers</a> at the Law Offices of Jesus Zuniga, even if your act of violence hasn’t been discovered, you’re not in the clear yet. Should you significant other turn in any evidence they have of your violent act, the court could make a finding that you have ‘perpetrated domestic violence.’ If they find that the act occurred within five years of your current custody battle, they’ll argue that there should be a presumption that giving you sole or even joint custody would be detrimental to the child’s best interests.
That presumption will be the one the court proceeds under unless and until you rebut it with a preponderance of the evidence (in other words, you prove that you having custody of your child will be better for the child than otherwise.)
What Counts as Domestic Violence?
- If you have intentionally or recklessly caused (or attempted to cause) physical injury or committed (or attempted to commit) sexual assault, and your victim was a family member, you have committed an act of domestic violence.
- If you have made a family member afraid that you were about to seriously injure them or someone they loved, you have committed an act of domestic violence.
- If you have threatened, harassed, struck, destroyed the personal property of, or disturbed the peace of a family member, you have committed an act of domestic violence.
If you read those words and they make you think of anything you’ve done in the past five years, think very carefully about how you will feel if you ask for a divorce — or drive your spouse to ask for a divorce — and you completely lose custody of your child. It’s an ugly truth, but no matter how much your spouse seems to accept you for who you are today, once a divorce gets underway, everything changes. You can rely on your soon-to-be ex to find any proof they have of your bad act and argue that you should never see your child again — and mean it.
California Penal Code Section 1203.4 gives anyone in Canyon Country, Palmdale, or anywhere else in the state an opportunity to request that a court dismiss an existing conviction from their record. This is a great thing for anyone who made a mistake in the past and is struggling to get past it — if your request is granted, you can officially represent yourself as not having been convicted of that offense, even to potential employers (but see below). That can make a huge difference in the lifestyle of a one-time offender who has reformed.
But It is Not a ‘True’ Expungement.
A dismissal of the type in 1203.4 does not erase a conviction as though it never occurred. The statue allows relief from “certain penalties and disabilities” — but not all penalties and disabilities. For example, 1203.4 does not erase your court records, so any half-decent background check will turn up evidence that you were convicted, but successfully applied for relief under section 1203.4 — which is virtually identical in the minds of a conscientious employer.
It does not enable you to possess guns if you are banned from doing so because of a prior conviction. It does not enable you to drive a vehicle if you are banned from doing so because of a prior conviction. It does not remove you from the sex offender registry. And the Federal and State governments, including the courts, aren’t obligated to pay attention to the 1203.4 dismissal — they can still hold your dismissed conviction against you without any special effort. This can make it difficult to get a professional license, for example, and your dismissed conviction will absolutely be used against you in court if it becomes relevant.
It Is The Best California Has to Offer
Despite all of that, the State of California has no other options for people who want to have a conviction removed from their record. In short, CAPC 1203.4 is the only option — and even then, you’ll definitely want a <a href=”http://attorneyzuniga.com/index.html”>Lancaster, CA expungement lawyer</a> to help you make sure that your dismissal goes well. Like all legal processes, it’s very easy to do incorrectly and thus fail.
La mayoría de la gente disfruta de un buen policías y abogados serie dramática de vez en cuando – pero es un grave error pensar que usted sabe cómo la policía va a (o incluso debe) acto porque eres un fan serio de CSI o SVU. La verdad acerca de las reglas que los policías deben seguir son mucho más estricta en algunos aspectos, y mucho más flojo que en otros, de ese tipo de espectáculo se centran generalmente en. Aquí, nuestro <a href=”http://attorneyzuniga.com/criminaldefense.html”> Lancaster, CA abogado defensa criminal</a> revelar algunas áreas que la gente con frecuencia no saben que los policías están violando las reglas:
Amenazar Obstrucción de la Justicia
Esto es grande en policía muestra: si usted no ayuda a la policía, ellos te cobran con obstrucción. Es tristemente una amenaza común en la vida real, también, y es uno que no tiene dientes. Si miente a la policía en la corte, engañar intencionalmente a la policía en una investigación, destruir pruebas o manipular testigo – que es la obstrucción de la justicia. Usted está bajo obligación cero para ayudar a la policía de cualquier manera – simplemente no consigue en su camino, y te irá bien.
La Debacle de Miranda Derechos
Los dramas de policías realmente han metido a la gente en este caso. Derechos Miranda (“Usted tiene el derecho a permanecer en silencio”, etc.) son absolutamente no es necesario si usted está bajo arresto. La única vez que se requieren derechos de Miranda es cuando:
- Usted va a ser detenido en contra de su voluntad (el término legal es “puesto en custodia de la policía), y
- Usted va a ser interrogado (es decir, que van a hacer preguntas que demuestren que usted cometió un delito.)
Esto puede (ya menudo lo hace) sucede después de haber sido colocado bajo arresto, pero no hay conexión alguna entre los derechos de Miranda y el hecho de su detención.
Interrogan Usted Después de Invocar su Derecho a un Abogado
Los policías harán casi cualquier cosa para conseguir que usted comience a hablar, porque una vez que empiezas, saben podrás seguir hablando. Ellos te acosan, abusan verbalmente, truco, engañan, y hacia fuera y hacia fuera mentira para que usted consiga a romper su silencio. La realidad es que tan pronto como se leen los derechos Miranda, literalmente, cualquier cosa que diga puede ser usado en su contra en un tribunal de justicia.
La única cosa correcta para decir a un oficial de policía después de escuchar “usted tiene el derecho a permanecer en silencio” es “¿Soy libre para irse, y si no, ¿por qué no?” Entonces, ya sea a pie (si puede), o continuar con el siguiente paso, que es “yo estoy invocando mi derecho a silencio y consejo. Este interrogatorio ha terminado.” Si sólo invoca su derecho a guardar silencio, pueden seguir a sentarse allí y tejón que durante el tiempo que pueden – y lo pueden hacer en turnos, turnos y no lo deja dormir, hambre, y sed hasta que empiece a hablar, así que hacer las dos cosas, y qué tanto antes de contestar una sola pregunta de los policías.
Most people enjoy a good cops-and-lawyers serial drama from time to time — but it’s a serious mistake to think that you know how the police are going to (or even should) act because you’re a serious CSI or SVU fan. The truth about the rules the cops must follow are much more strict in some ways, and much looser in others, than those kinds of show generally focus on. Here, our Lancaster, CA criminal defense experts reveal a few areas that most Palmdale people frequently don’t realize the cops are violating the rules:
Threatening Obstruction of Justice
This is big one on cop shows: if you don’t help the cops, they’ll charge you with obstruction. It’s sadly a common threat in real life, too, and it’s one that has no teeth. If you lie to the police in court, intentionally mislead the police in an investigation, destroy evidence, or manipulate witness — that is obstruction of justice. You’re under zero obligation to help the cops in any way — just don’t get in their way, and you’ll be fine.
The Miranda Rights Debacle
The cop dramas have really messed people up on this one. Miranda rights (“You have the right to remain silent,” etc.) are absolutely not required if you are under arrest. The only time that Miranda rights are required is when:
- You are going to be detained against your will (the legal term is ‘put into police custody’), and
- You are going to be interrogated (i.e. they’re going to ask questions proving you committed a crime.)
This can (and often does) happen after you are placed under arrest, but there is no connection at all between the Miranda rights and the fact of your arrest.
Interrogating You After You Invoke Your Right to an Attorney
Cops will do almost anything to get you to start talking, because once you start, they know you’ll keep talking. They’ll harass, verbally abuse, trick, deceive, and out-and-out lie to you to get you to break your silence. The reality is that as soon as the Miranda rights are read, literally anything you say can be used against you in a court of law.
The only correct thing to say to a police officer after you hear ‘you have the right to remain silent’ is “Am I free to leave, and if not, why not?” Then either walk away (if you can), or proceed to the next step, which is “I’m invoking my rights to silence and counsel. This interrogation is over.” If you only invoke your right to silence, they may continue to sit there and badger you for as long as they can — and they can do it in shifts, taking turns and keeping you awake, hungry, and thirsty until you start talking, so do both, and do both before you answer a single question from the cops.
Charged with a DWI in Lancaster, CA? It is indeed a serious office, but it won’t help to panic. The first thing to do is find yourself a DWI lawyer. Your best choice would be one of Lancaster, CA DWI attorneys. With varying DWI laws from state to state, you will be better off with a local lawyer from the area you were charged.
Why would you need Lancaster, CA DWI attorneys?
- A DWI conviction will have very damaging consequences in your life. The first thing that is required from you will be paying a penalty. However, that will only be the beginning of your string of worries. You will have to surrender your driver’s license, do community service or get arrested.
- Getting arrested for DWI is humiliating. It is something that you wouldn’t want your friends and other people to know. While your name is in the DWI records, the conviction will follow you around like a nagging shadow.
- A DWI conviction will affect your chances of getting a job. The problem with a DWI conviction is that you will have to disclose it to prospective employers during interviews. This is not only embarrassing, but it can deny you the job opportunity.
- A DWI conviction can be a hindrance to higher education. Colleges that conduct fitness and character reviews before accepting candidates will give you a negative remark.
All of these facts will give you an idea how destructive a DUI conviction can be not only to your present life, but to your future as well. If you think that you would need to hire a DWI attorney, here are some steps to guide you.
- Look for a DWI attorney to represent you. The internet would be a good place to start. Most reputable lawyers or firms have websites, advertising their services. You can also conduct your search in local newspaper ads, phone directories and referrals.
- Have a short list of at least three DWI attorneys. This will give you a back-up in case your first choice doesn’t turn out well.
- Conduct a comprehensive research on your choices. Check how many cases they have taken and how many they have won. Check out the rates and review their client testimonials.
Once you’ve chosen the DWI attorney that best matches both your budget and your needs, you can move forward with confidence.
Driving while intoxicated is getting behind the wheels while under the influence of either alcohol or drugs. Some people exercise good judgment by taking a bus, taxi, or having somebody sober drive instead. However, others put themselves into serious trouble by driving while under the influence. Once caught for DUI, it would be wise to hire a good DWI lawyer to represent you.
Is It Hard To Look For A DWI Lawyer?
Looking for a DWI attorney is not complicated because they are scarce, but more on because there are quite a number of them, that it’s hard to choose the best. You can find numerous ads on DWI attorneys in directories, community papers and the internet, but it would be hard to tell which ones are efficient.
Which DWI Lawyer Will You Get?
Unlike wealthy people or famous celebrities who have a DWI running to their rescue with just one phone call, ordinary people would still have to search for an attorney to represent them. It is important that you choose a lawyer from the location where your DUI took place. If you were arrested in Lancaster, the best lawyers to search for are DWI attorneys in Lancaster, CA. Your choice will be based on the charge you got and on whether a death or injury is involved.
How Do You Look For A DWI Lawyer?
The first way to look for a good DWI lawyer is to ask for referrals from your friends who have tried hiring one. Another thing you can do is read articles from local newspapers regarding cases of DWI that published results. You can hire one of the attorneys who won the cases. When these methods don’t work, you can start looking at full page at your phone directory. Narrow down your choices and learn all you can about their background. Make sure that you have a list of their addresses and contact numbers. Call their offices and inquire about their professional fees. Some lawyers give free consultations, so inquire about that as well. Ask about the lawyer’s schedule and how soon you can meet.
If you have just been arrested for DUI in California, there are several important things that you should be aware of. First and foremost, Lancaster, CA DUI Penalties may differ from other states. Don’t hesistate in finding a reputable Lancaster DUI attorney who is knowledgeable with Lancaster, CA DUI penalties, and be properly represented. Below are some of the basic information you should know.
DUI Penalties in California
When arrested for DUI in California, try to learn everything you can about California’s laws on DUI, or get someone who is experienced with it. Some of California’s DUI penalties include probation, license suspension, fines, possible jail time, mandatory alcohol classes, use of ignition interlock device, vehicle impoundment and community service. A California DUI lawyer can educate you more about it
Severity of Penalties
The kind of charges you are facing will determine how severe you penalties will be. A person who is charged with felony DUI will receive harsher penalties than a person charged only with a misdemeanor. Penalties can also be aggravated by some factors, such as having a child below the age of 14 in the car with you, or a previous DUI conviction. Other factors that can increase your penalty are driving above the speed limit, a high BAC exceeding 0.20%, driving with a suspended or restricted license, and refusing chemical testing.
DUI arrests will lead to misdemeanor or felony charges. It will depend on your previous driving records and whether there is an incident of death or severe bodily injuries. The first, second and third arrests will get you a misdemeanor charge. A fourth DUI arrest within ten years, or an arrest that involves severe bodily injury or death will end up with a felony charge.
DUI Process Manual
This manual can be of great help to you when you have recently been pulled over for DUI. It is also a good reference material if you have a previous DUI record, and looking for a way to have it cleared. It gives you details on how to get your license back and expunging your DUI conviction record
The best DUI lawyers are those who are experienced in this field, and knowledgeable with the local DUI laws. It is advisable to hire a local DUI attorney in the state where you were arrested. If you were arrested for DUI in Lancaster, then there is no question that Lancaster, CA DUI attorneys will give you the best defense.
What Are The Advantages Of Having A DUI Attorney?
The advantage of having a DUI attorney is that they know exactly what to do. This means that they can give you the best advice on the actions you will take. It is also comforting to have somebody well versed in your case available for your needs and questions any time of the day. You can also be rest assured that all the details you have disclosed to DUI attorneys are confidential since they are protected by attorney / advocate. You can be confident in telling your attorney the truth in order to build a good case. DUI attorneys can also help in delaying the courtroom proceedings until a more suitable time for the case to be heard.
Can They Help Reduce Your Charges
In most cases, if you are a first time offender, DUI attorneys will most likely be able to have the charges brought down to a reckless driving charge. If successful, this would mean reduced suspension time and lesser fines for you. It would also reduce your prison sentence and may not require a trial in court. DUI attorneys may be able to arrive at something better if they can determine that the arresting officer had a reasonable cause to conduct a DUI test or not.
Can They Help Clear Your Charges
It is possible for DUI attorneys to clear you of your DUI charges, although this would need various shrewd strategies and techniques. If you were arrested for DUI and had your license suspended, your attorney can help appeal the license suspension. Hopefully, you will recover your license before you go to court. This way, you will still be able to drive while the judge is yet to decide whether your license will be suspended or revoked.