California Criminal Defense Lawyer Blog

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.

Continue reading " Two Teens Arrested In Tustin California for Auto Theft " »

One of a parents' worst nightmares is to find out that their son or daughter has been arrested and/or detained by the Police. Once the initial shock has worn off, a parent goes into immediate protection mode. The question most parents ask themselves is what do I do to protect my child. This is the correct frame of mind for a parent to be in. Juveniles make mistakes and most have never known, or been exposed to legal consequences. Preserving your child's record, so that their college goals and future employment are not affected negatively, is the first priority.

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, the child must be 18 years old or 5 years must have passed from the last arrest or discharge from probation.

Continue reading " Juvenile Crime and Consequences in Orange County, CA " »

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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