Recently in Criminal Defense Category

February 27, 2010

California Marijuana Law Violations Can be Dismissed

California law prohibits the possession of marijuana. That being said, there are many different laws with different consequences depending upon the quantity of marijuana possessed. The most common type of violation is 11357(B) of the Health and Safety Code. This section covers possession of marijuana under one (1) ounce total weight.

The maximum penalty for this misdemeanor offense is $100 plus penalty assessment or court tax. Although the majority of drug possession and sales offenses result in arrest, this offense only results in a citation to appear in court.

It is common for many people caught in this situation to just to plead guilty and pay the small fine to just get it over with, when they have been found to be in possession of a small quantity of Marijuana, This is a big mistake. Although seemingly minor, this guilty plea results in a misdemeanor conviction that goes on your criminal record. Even minor drug offenses like this, can create undue embarrassment, and have a negative affect if discovered, including loss of employment or not getting that job you want.

Our firm of experienced drug defense attorneys use preventative strategies, including narcotics anonymous classes in advance of any court date to show the prosecutor and judge the positive side of the client's new awareness. Frequently, we are able to persuade the prosecutor to accept this effort as a form of rehabilation, thus creating an informal diversion program.

Although discretionary, this strategy has worked very successfully for many of our clients, and results in having the misdemeanor drug charge totally dismissed. The benefit of this strategy is that it creates no negative effect upon the clients criminal record or potential employment.

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December 18, 2009

How Can California Criminal Defense Attorneys Help Me?

If you are facing a criminal case, then the first thing you should do is consult with a criminal defense attorney to learn about your options and what the best way to defend your case will be. Criminal defense law firms across the state provide thousands of individuals with assistance with the defense of criminal charges every year. Criminal defense attorneys are skilled in handling many different types of criminal cases, from theft cases to California drunk driving cases, and can help you decide what the most effective defense options will be based on the circumstances of your particular case.

Criminal defense attorneys often specialize in specific types of criminal cases so that they can focus their energy on learning the best methods and procedures for defending those particular cases. For example, the defense of California DUI cases requires that the attorney understand the science behind the chemical testing procedures, have in-depth knowledge of the applicable administrative and criminal laws, and be familiar with common field sobriety tests used by police officers during DUI traffic stops. Acquiring this knowledge takes many years of practice and new rules and regulations are being introduced regularly which have to be taken into consideration for any DUI defense.

Criminal defense attorneys also know the best way to present evidence of extenuating circumstances to get criminal charges reduced or dismissed. In some cases, the tiniest element of a case can be the most significant case against a criminal conviction for the defendant, but without adequate representation by a competent criminal defense attorney, the defendant would not have known the importance of that evidence. The attorney will also know the legal procedures that can be used to get certain types of evidence excluded from consideration during the trial. There are many different ways that criminal defense attorneys can help you with the defense of a criminal case.

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December 11, 2009

What Defense Options Does a Criminal Defense Law Firm Offer?

When charged with a DUI in the state of California, it is very important that you know what defense options are available to you and the best way to discover what these defense options are is to hire a criminal defense law firm to represent you during your court hearings. Criminal defense attorneys in the state of California argue thousands of California DUI cases each year and understand the methods and procedures used to mount an effective DUI defense. Because DUI defense is a complex field, involving scientific issues, administrative laws, and various criminal penalties, criminal defense attorneys are considered to be most experienced attorneys to handle these types of cases.

One defense option that may be feasible in certain California DUI cases is calling into question the validity of chemical testing in the case. Many people do not realize that there is a potential for errors and false readings using the testing techniques that are common in most California drunk driving cases. These testing methods are highly sensitive to a number of different elements and if any of these elements are present when a person is being tested, then the accuracy of the entire test can be disputed. Without this evidence, it is difficult to obtain a conviction for a California DUI.

Another defense option used in California DUI cases is to question the observation evidence submitted by the arresting officer in the case. This evidence often includes descriptions of observed driving violations, personal observations about the person's behavior, and the results of any field sobriety tests issued. Because these tests are not given uniformly and the results are subject to interpretation, a skilled criminal defense attorney may be able to have this evidence dismissed from consideration during the trial. There are a number of different defense options that a criminal defense law firm can use to get California DUI charges reduced and a skilled criminal defense attorney is your best chance for the effective defense of your case.

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