Know Your Rights
Being arrested and charged with a crime can be scary and embarrassing. You may be wondering about the consequences.
Why Hire Us?
If you take advantage of our free consultation and decide to hire us, you will be hiring one of the most experienced teams of criminal defense attorneys in Southern California. It may surprise you but, many criminal defense attorneys have never taken a case to trial. Instead, they persuade their clients to take a plea deal that is less than they could have gotten. Our reputation of never allowing our clients to take a plea deal that is less than they deserve is well known. We don’t shy away from taking a case to trial when your freedom is in jeopardy. However, our reputation and no fear approach gives us superior negotiating power that we use to workout the best possible plea deal.
By hiring a criminal defense lawyer you may be able to:
- Avoid going to county jail or state prison
- Reduce your sentence
- Reduce or eliminate fines and penalties
- Reduce a felony to a misdemeanor
- Have your case dismissed
- Establish your innocents
No other defense attorney will fight harder for you or give your case more personal attention.
What Should I Do Now?
Chances are you are reading this after you’ve been arrested and released on bail. However, if you are reading this in anticipation of being arrested, then remember “S.T.A.C.”
If you think that you can talk your way out of it you are wrong. Often people think that they can out smart the police. They will blame someone else, make excuses and say any number of things at the time of arrest. There is nothing that you can say that will help your case. In fact, it is likely that you will make your
A criminal defense lawyer will always advise you to be polite but don’t say anything to police. The best thing to do is Blame it on your criminal defense attorney by saying something like, “I want to cooperate officer but my criminal defense attorney wouldn’t like me saying anything to you until he is here.” By mentioning your criminal defense attorney, you are letting the police know that you intend to “lawyer-up” and that should stop the questioning.
Ask the police if you can call your Upland criminal defense attorney. If you feel that it is important to contact a relative or friend, then instruct that person to call your attorney for you. Remember, “SHUT UP.” Most of the telephones in jail are monitored and recorded by police. When you speak to your someone else on the phone never give them details about your case. You don’t know who is listening. Simply tell them that you are in jail and the reason police gave you for your arrest. The same goes for other prisoners in jail. The “jailhouse snitch” is ready to throw you under the bus to get themselves a better deal.
Our California criminal defense attorneys are here to help. We will come to see you in jail and we will be there to protect your rights during questioning. When you call us at 1-844-426-7836, you are calling some the most experienced and successful criminal defense attorneys. If you have already been released from jail, call us now. The sooner you call, the sooner we can start fighting for your freedom.
Categories Of Crimes
Infractions
In California, the lowest level of offenses are known as an “Infraction.” Infractions are usually the kind of crime for which you would receive a “ticket.” Infractions include tickets speeding, running stop lights, etc. You have the right to a trial before a judge in infraction cases but, not a jury. You do not get sentenced to any jail time for infraction or probation but there are fines and other penalties. An infraction does not appear on your criminal record but may appear on your DMV driving record.
In some situations it makes sense to retain a criminal defense attorney to represent you on an infraction. If you drive for a living or you are the only driver in your household, you may want to consult with a criminal defense attorney before appearing in court. If a conviction on an infraction will cause you to lose your driver’s license, it would probably be worth hiring a criminal defense attorney to represent you. A criminal defense attorney can often get infractions dismissed.
Misdemeanors
Misdemeanor cases may seem simple but they can take several months to resolve. Going to trial is a gamble. You never know what the outcome of a trial may be. Obviously the best outcome would be to have the case dismissed. The next best solution may be to fight for the best possible plea deal before trial. There are several opportunities to negotiate a plea deal during the progression of the case. After the arraignment, you will move to the pretrial phase which is when most plea deals are negotiated. However, if an acceptable deal cannot be reached, the case will go to trial.
ARRAIGNMENT
- Defendant pleads “guilty” or “not guilty.”
- The court does not consider if the allegations against are true.
- No evidence or witnesses are presented.
- A criminal defense attorney may appear for the defendant.
- The judge will schedule a pretrial hearing and trial date.
PRETRIAL
- Defendants do not participate in pretrials.
- Defendants may not be required to appear at the hearing.
- A criminal defense attorney can often appear for the defendant.
- The district attorney must turnover all evidence against you.
- The DA and your attorney will attempt to negotiate an acceptable plea deal.
- A case may have 2-3 pretrial hearings.
- Most misdemeanor cases are resolved at pretrial.
TRIAL
- If a case can’t be resolved at pretrial, it goes on to trial.
- Most cases do not go to trial.
- A misdemeanor trial may last for several day.
- The DA has a huge case load and would like to avoid trial.
- Neither side can predict what a jury will do.
- Another attempt will be made to make a plea deal.
- Sometimes it is better to take a plea than gamble on the jury.
- The trial will proceed if no plea deal has been reached.
CONSEQUENCES
- Driving crimes may result in suspension of your driver’s license.
- Sex crimes may require you to register as a sex offender.
- Any conviction may affect your immigration status.
- Violent offenses may lose your right to own/possess a gun.
The district attorneys know that our criminal defense attorneys will take your case to trial if you are innocent, if the evidence against you is insufficient or if the terms offered in the plea deal are no acceptable. The DA’s have such a heavy caseload that they are motivated to make a plea deal rather than spending several days in a trial. We use our reputation of success and the DA’s desire to make a plea deal as leverage. This helps us to negotiate the best possible outcome for you.
If you have questions about your specific misdemeanor case, call us now for a free consultation at 1-844-426-7836
Felonies
Felonies are the more serious crimes. They carry a sentence of a year or more in prison with or without the possibility of parole. Additionally, there are fines, penalties and restitution in many cases. First time or minor offense may include probation as an alternative to prison time.
ARRAIGNMENT
- Defendant pleads “guilty” or “not guilty.”
- The court does not consider if the allegations against are true.
- No evidence or witnesses are presented.
- A criminal defense attorney may not appear for the defendant.
- Felony defendants must appear in court.
- Bail may be increased or decreased by the judge.
- A separate bail hearing may be set.
- The judge will schedule a pretrial hearing.
PRETRIAL
- Defendants do not participate in pretrials.
- Defendants are required to appear at the hearing.
- A criminal defense attorney cannot appear for the defendant.
- The district attorney must turnover all evidence against you.
- The DA and your attorney will attempt to negotiate an acceptable plea deal.
- A case may have 2-3 pretrial hearings.
- Many felony cases are resolved at pretrial.
PRELIMINARY HEARING
- The prosecution presents their evidence to the judge.
- The prosecution only has to show minimal evidence.
- No jury is present in the court.
- The Judge examines the evidence.
- Trial will be set if there is sufficient evidence.
- The DA and your attorney will attempt to work out a plea deal.
- Many cases are resolved at the preliminary hearing.
TRIAL
- If a case can’t be resolved at pretrial, it goes on to trial.
- Many cases do not go to trial.
- A felony trial may last for months or years.
- The DA has a huge case load and would like to avoid trial.
- Neither side can predict what a jury will do.
- Another attempt will be made to make a plea deal.
- Sometimes it is better to take a plea than gamble on the jury.
- The trial will proceed if no plea deal has been reached
SENTENCING
There are thousands of felony offenses. Each of those have a different potential sentence if you are convicted. There is usually a range of confinement period guidelines for felony cases. The court must usually sentence the defendant within the range of the confinement period for that particular crime. However, there is often room for alternative sentencing. A Upland criminal defense attorney will look at the law and determine if the could be an alternative sentence imposed. An alternative sentence may be things like treatment programs, work programs, weekend confinement, probation, etc. All of these alternative sentencing may help a defendant avoid jail/prison. Whenever possible, your defense attorney should look into alternative sentencing.
We have a criminal defense attorney that is right for you. Our Upland criminal attorneys have more than 100 years of collective practice experience. We have successfully defended clients in everything from murder cases to shoplifting cases. Few criminal defense attorneys have more experience or a better record of success than those at the law Offices of Marc Grossman.
Wobblers
The term “Wobbler” may seem like a funny word to be used in a legal world where everything starts with “henceforth” and ends with “therefore.” But, wobbler is indeed the word adopted by the courts and attorneys to describe crimes and offenses that can be charged either as a felony or a misdemeanor. The district attorney chooses whether a defendant is charged with a felony or misdemeanor based on the circumstances. It is common place for DA’s to charge defendants with a felony knowing that they are unlikely to get a conviction. They use the severe penalties of a felony to scare defendants into taking a plea to a lesser charge. Most public defenders and even private criminal defense attorneys will usually advise their clients to take the plea deal. This is because the alternative usually means rolling the dice by going to trial where the outcome is anything but certain. Going to trial will always come with the very real threat of getting convicted of the felony and getting sentenced to the maximum time in prison.
Our criminal defense attorneys believe that you should not take a plea deal if:
- It is not the best possible deal you can get, or;
- It is highly unlikely the DA will be able to prove every element of the crime, or;
- You are innocent.
Criminal Record
Criminal Law Case Types
Driving Under The Influence
Driving Under The Influence of Drugs
Driving On Suspended License
Driving Without a License
Evading Arrest
Vehicular Manslaughter
Hit and Run
Assault & Battery
Domestic Violence
Drug Crimes
Theft and Related Crimes
Sex Related Offenses
Criminal Fraud
Probation Violation
Parole Issues
Concealed weapon
False imprisonment
If you have ever been arrested, you have a criminal record even if you have never been convicted of a crime. California law requires every allegation, arrest, charge, conviction, dismissal, sentence and acquittal be entered into the “CORI,” California Offender Record Information database. CORI is maintained by the California Department of Justice and shared with law enforcement nationwide. This record is essentially maintained forever. This means that even if the charges against are dismissed or expunged, the details of your arrest and prosecution are still on your record.
Having any kind of criminal record may affect you. Depending on what is actually on your record, it may prevent you from getting a job or professional license, make it difficult to find housing or even prevent you from volunteering for certain charities. If you do not know what is on your criminal record, it is a good idea to get a “Live Scan” done. Live Scan is a modern fingerprinting system that uses your fingerprints and other information you provide to find and access your criminal record. A copy of your record is mailed to your address directly from the California Department of Justice. Occasionally you will find errors in your record. There are ways to remove actual errors such as a conviction of someone else with the same or similar name.
Preliminary Hearings
A “Preliminary Hearing” is an evidentiary hearing before a judge. The prosecution may introduce evidence and call witnesses. A criminal defense attorney will have the opportunity to introduce some rebuttal evidence and examine the witnesses. From the evidence and testimony, the judge will decide in a crime has been committed and if there is “Probable Cause” to believe that the defendant was the one who committed the crime.
The purpose of a preliminary hearing is to act as a safeguard against illegal search and seizure and unreasonable arrests. It also tests the sufficiency of the evidence against the defendant to see if there is enough to move the matter on for trial.
Probable Cause Hearing
In the 1975 case of Gerstein v. Pugh the United States Supreme Court mandated that all persons arrested and held by law enforcement be given a “Probable Cause” hearing to examine if a reasonable person would find the good cause to believe that the defendant committed the alleged crime. Then, in the 1991 U.S. Supreme Court case of County of Riverside v. McLaughlin made it a constitutional requirement for a probable cause hearing to be conducted promptly after a warrantless search resulted in an arrest.
Admissible Evidence
Evidentiary hearings are held before your trial begins to determine whether a piece of evidence is admissible against you. Not all evidence is admissible against you in a criminal case. Evidence which is gathered in violation of the 4th, 5th and 6th Amendments is not admissible.
Common Examples of Inadmissible Evidence:
- Searches of your home without a warrant;
- Illegal pat-downs;
- Illegal electronic surveillance;
- Statements you make without receiving Miranda Warnings;
- Statements you make after asking for a lawyer;
- Evidence found after an illegal stop or arrest.
Whether or not evidence is admitted can make or break your case. If you have any preliminary hearings or other evidentiary hearings, you need to retain a qualified and experienced criminal defense attorney to protect your rights. A criminal defense attorney can often get key evidence against you barred from being used in your case. It can literally mean the difference between a conviction and your freedom.
When you have so much on the line, why trust your freedom to anyone but the best attorney you can hire? The criminal defense attorneys at the Law Offices of Marc Grossman are qualified and experienced criminal defense attorneys. We will fight for your freedom and protect your rights during these critical pretrial hearings.
If you need the best criminal defense attorney in Upland, Ontario, La Verne, Montclair, Rancho Cucamonga and the surrounding areas, call us at 1-855-LOMG-911 or use the contact form on this page to request a free consultation with a criminal defense attorney. You will be surprised how affordable we are.
Plea Bargains
A majority of criminal cases never go to trial. Instead, most will be resolved through a “Plea Bargain” or “Plea Deal.” In most cases, a trial is not the best choice for either the prosecution or the defense. From the perspective of the district attorney, the time and expense of a trial doesn’t make sense if an acceptable plea deal can be worked out. From the defendant’s perspective, a trial is very expensive, it will usually make the case last longer and, if convicted, the penalties are likely to be much more severe than a plea deal. Also, no one can predict what a jury will do. Your criminal defense lawyer could put on a perfect defense for you and the jury could still find you guilty. A plea deal is as close to a sure thing as you can get in a criminal case. By taking a plea deal, you will know what you are going to get in terms of what you are convicted of: how much time you will do in prison (if any), what you will pay in fines and restitution and if you will be eligible for probation.
This does not mean that you should always take a plea deal. The plea deal has to be right for you. You and your Riverside criminal defense attorney will need to discuss the pros and cons of taking the deal. If you are truly innocent, if there is weak evidence against you, if your criminal defense attorney can create reasonable doubt in the minds of the jury or disprove one of the elements of the crime, you may consider going to trial. Ultimately it is your decision but bear in mind that going to trial is a gamble.
If you are going to trial, don’t you want the most qualified and most experienced criminal defense lawyer? We have a long track record of success. Collectively, our attorneys have more than 100 years of practice experience. We are among the most seasoned team of criminal defense trial attorneys in the area.
When your freedom is in jeopardy, you want a Riverside criminal defense attorney from the Law Offices of Costen and Ruiz in your side. Call us now at 1-844-426-7836 or use the contact form on this page to request a free consultation with a criminal defense attorney.
Drug Arrests
Though there is a longstanding federal strategy in place to fight the abuse and distribution of regulated elements, each state likewise has its own set of medicine laws. One secret difference in between the two is that while most of federal drug convictions are obtained for trafficking, most of local and state arrests are made on charges of possession. Out of these state and local arrests, over half are for the possession of cannabis.
The validity of a medicine commonly depends on how it is being used– or what it is being used for. Amphetamines are utilized to deal with attention deficit disorder, barbiturates aid treat anxiety, and marijuana can help minimize cancer-induced nausea. Unprescribed and unsupervised use of these compounds is thought to present a danger to people and to society in general. So, for years, lawmakers have actually stepped in to regulate the use, abuse, manufacture, and sale of illegal medicines.
Another difference in between federal and state drug laws is the seriousness of repercussions after a conviction. Federal medicine charges generally bring harsher penalties and longer sentences. State arrests for basic possession tend to be charged as misdemeanors and generally involve probation, a short-term in a regional prison, or a fine– depending upon the criminal history and age of the person being charged.
Drug laws and drug criminal offenses have gotten lots of attention in the past decade. Laws in every state and at the federal level prohibit the possession, manufacture, and sale of specific controlled elements– including drugs like marijuana, methamphetamine, euphoria, cocaine, and heroin.
Putting aside political arguments over the so-called “war on drugs,” it isn’t really hard to see why regulated substances are the focus of so much attention from legislators and police. It’s estimated that alcohol and drug abuse costs society over $110 billion a year, through accidental death and injuries, healthcare, dependence treatment, criminal behavior, and more.
“Don’t let your freedom go up in smoke due to a drug related arrest. Call the Law Offices of Marc Grossman today.”
Parole Problems
A person sentenced to state prison in the State of California can do his/her time in one of 2 methods. Jailed or on parole. Parole is that amount of time between one’s release from state prison and the time their sentence is completed. California has the biggest parole populace in the country. California has about 117,000 individuals on parole and about 17,000 of them are Parolees At Large. The recitivision or go back to jail rate in California is around 83 %. That means that about 83 % of people that go to jail as soon as return for a second journey.
The quickest amount of time a person can be on parole is one year. The longest quantity of time is life and the average is 3 years. Parole is compulsory unless defined by the court. The amount of time invested on parole will certainly be supervised by a Parole Agent. For conditions of parole see Training Articles on this websites. The Parole Agent has three basic types of case loads:
Parole is that period of time between one’s release from state prison and the time their sentence is finished. The duration of time spent on parole will be supervised by a Parole Agent. Prior to being launched from jail, the parolee indications the conditions of parole type.
About 80 % of parolees come out of prison to Control Service. Prior to being launched from jail, the parolee indications the conditions of parole kind. This kind states his conditions of parole and he/she is consenting to follow these conditions. If he/she does not, then the state can revoke the parole status and return the parolee to custody.
We can help you resolve the issues you are having with the man. Call today for a free consultation.
Probation Problems
About 600,000 felons will be launched from prison this year in the United States and begin some form of official guidance, usually parole. But the nation’s system for handling them in the community is inefficient. Turning this scenario around requires paying attention to one basic concept: When it concerns changing habits, swiftness and certainty of punishment matter more than extent. Under a reformed system, parolees would be closely kept track of for compliance with parole conditions, and any detected violation would be met with immediate and predictable effects.
Not just does parole considerably fail to control the habits of its clients, it also contributes greatly to the prison-crowding issue by sending a lot of of them back. And the high recidivism rate amongst parolees, while calling into question the ability of imprisonment to achieve either deterrence or rehab, likewise complexes the job of minimizing the variety of people behind bars: It is more challenging to make the case that multitudes of prisoners don’t have to exist when they have such a difficult time avoiding after they are released.
Criminal activity has actually decreased significantly, the rate of incarceration has actually continued to grow at roughly 3 % per year. The United States now has 2.3 million people– nearly 1 % of the adult populace– behind bars, several times the rate of other nation in the Organization for Economic Cooperation and Development. The failure of parole and other types of post-incarceration guidance contributes to criminal activity and increases the size of the jail population. More efficient parole could allow the country to have less criminal activity and less incarceration.
Don’t let your probation trouble dictate your life, we can help if you call for a free consultation.
Prisoner Rights
Prisoners do not have full Constitutional rights, they are protected by the Constitution’s prohibition of cruel and unusual penalty. Prisoners retain some other Constitutional rights, including due procedure in their right to administrative appeals and a right of access to the parole process. Courts tend to provide deference to jail authorities concerning prisoners’ rights.
State prisoners have no rights to particular categories under state law. Courts are extremely reluctant to restrict the discretion of state jail officials to classify prisoners.
Congress has given federal jail officials complete discretion to control prisoner classification as affecting conditions of confinement. Normally, such matters are left to the control of the Federal Bureau of Prisons.
Prisoners do not have complete Constitutional rights, they are protected by the Constitution’s prohibition of harsh and uncommon punishment (see Amendment VIII). Prisoners maintain some other Constitutional rights, including due process in their right to management appeals and a right of access to the parole process. Prisoners also have limited rights to speech and religion.
Courts tend to offer deference to prison officials regarding prisoners’ rights. So long as the conditions or degree of a prisoner’s confinement are within the sentence and not otherwise violative of the Constitution, the due process clause does not need judicial oversight. For jail policies that do impinge on prisoners’ constitutional rights, the strict examination test does not apply.
If you feel your rights have been violated, please call today for a free consultation.
Sex Offenders
Our government has failed to take steps that will make a significant difference in avoiding sex offenses. Megan’s Law, civil commitment, and the newest trend in anti-sex culprit regulation, banishment zones, which limit sex culprits from living within particular geographical areas, all play to the worries of the public. The substantial majority of sex offenses are dedicated by trusted adults-family members, friends, clergy-and go unreported since of adjustment of the victims, unconscionable choices by other grownups, or both.
The problem is not whether our children must be secured from sex transgressors, but the best ways to accomplish that in a reliable and significant method. Our kids deserve absolutely nothing less.
As opposed to eradicating sex wrongdoers and inquiring to do well in a hostile environment, we must focus resources on programs and policies that will actually lower the chance of sex offenses happening in the first location. We have to develop and money public education programs that teach about the effects of sex abuse and the value of reporting abuse so that it can be stopped.
To comprehend why, one must look at the truths of sex crimes in America today. The vast bulk of sex offenses are dedicated by trusted adults-family members, friends, clergy-and go unreported because of manipulation of the victims, unconscionable decisions by other grownups, or both. We saw this most vividly when lawsuits discovered that the Catholic Church hierarchy had hidden and disregarded countless cases of youngster sexual assault for years, deciding to safeguard its credibility over the youngsters under its care. Unfortunately, this takes place in household hierarchies even more regularly.
There is no basic repair to the terrible problem of sex abuse. Rather of politically popular measures that make no difference or in reality make us less safe, we require to turn our attention and resources to ways of resolving the epidemic of sex abuse that, while maybe not as politically popular, will in fact work so that more possible victims can be spared.
Have you been charged with sexual abuse and would like to speak with someone about your options. Call today for a free consultation.
Appeals
On the state level, a choice of a state trial court– generally a district or other local court– can be appealed to a state appellate court for review. Some cases chosen by the greatest court in a state also can be appealed to the Supreme Court, however once more the U.S. Supreme Court will hear just appeals of major relevance.
On the federal level, choices of the U.S. district courts, where civil and criminal matters are tried, can be appealed to the U.S. court of appeals for the circuit covering the district court. Washington, D.C., has 2 U.S. Courts of Appeals: the District of Columbia Circuit Court of Appeals, which hears appeals arising out of decisions of the Federal District Court for the District of Columbia, and the U.S. Court of Appeals for the Federal Circuit, which has unique and across the country jurisdiction in appeals from U.S. District Court decisions in patent, Copyright, trademark, and other specialized areas.
In both state and federal matters, in general, an appeal can be brought just after a final choice, or last judgment, in the action has been entered. Both state and federal courts will certainly in some instances hear an Interlocutory appeal, which is an appeal of a matter that does not choose the entire case but should be addressed before the case can be chosen on its benefits. An interlocutory appeal might be permitted from an order granting or denying an Injunction even though the major problems in the case have yet to be tried.
A decision of a U.S. court of appeals might be appealed to yet another appellate court, the Supreme Court of the United States. Some cases decided by the greatest court in a state likewise can be appealed to the Supreme Court, though again the U.S. Supreme Court will hear just appeals of major importance.
The right to petition for a writ of habeas corpus has actually nevertheless long been commemorated as the most efficient protect of the liberty of the subject. The jurist Albert Venn Dicey composed that the British Habeas Corpus Acts “state no concept and specify no rights, but they are for useful functions worth a hundred constitutional posts guaranteeing individual liberty”.
A writ of habeas corpus, also called the excellent writ, is a summons with the force of a court order; it is resolved to the custodian and needs that a prisoner be taken prior to the court, which the custodian present evidence of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond his or her authority, then the prisoner must be launched. Any prisoner, or another person acting on his/her behalf, may petition the court, or a judge, for a writ of habeas corpus. One factor for the writ to be sought by an individual aside from the prisoner is that the detainee might be held incommunicado. Most civil law jurisdictions offer a comparable solution for those unlawfully detained, however this is not always called habeas corpus.
The writ of habeas corpus is one of exactly what are called the “amazing”, “usual law”, or “authority writs”, which were historically provided by the English courts in the name of the emperor to control inferior courts and public authorities within the kingdom. The most typical of the other such prerogative writs are quo warranto, prohibito, mandamus, procedendo, and certiorari. Failing this, the court needs to decide for the petitioner, who could be any individual, not simply an interested party.
A writ of habeas corpus, also known as the great writ, is a summons with the force of a court order; it is resolved to the custodian and needs that a prisoner be taken prior to the court, and that the custodian present evidence of authority, allowing the court to identify whether the custodian has legal authority to detain the prisoner. Any prisoner, or another individual acting on his or her behalf, may petition the court, or a judge, for a writ of habeas corpus. The writ of habeas corpus is one of what are called the “remarkable”, “usual law”, or “authority writs”, which were historically provided by the English courts in the name of the monarch to regulate inferior courts and public authorities within the kingdom.
Habeas corpus has specific limitations. If an imposition such as internment without trial is permitted by the law, then habeas corpus might not be an useful solution.