Author: alincintean

BAIL

CRIMINAL DEFENSE LAWYER IN SACRAMENTO

criminal defense lawyer in sacramento

BAIL IN CALIFORNIA

With the exception of capital offenses, persons charged with most other criminal charges are entitled to an amount of bail. In state court (criminal charges pending in the local county court), a schedule is maintained for the appropriate bail according to the charges faced. Each county sets the bail schedule at a different amount. While the goal is uniformity, It is not uncommon for different counties to have different amounts for the similar charges. The initial bail amount is fixed either shortly after the arrest or at the first court appearance, generally the arraignment. Continue reading “BAIL”

GUN VIOLATIONS & WEAPONS CHARGES

CRIMINAL DEFENSE ATTORNEY IN SACRAMENTO

CRIMINAL DEFENSE ATTORNEY IN SACRAMENTO

GUN VIOLATIONS & WEAPONS CHARGES IN CALIFORNIA

California has some of the strictest gun laws in the country. It can be difficult to keep track of all the specific laws and their consequences. Here’s a broad overview of some of the more common gun violations and weapons charges one might face in the state of California but only an experienced criminal defense attorney in Sacramento can provide the legal assistance you need.

Concealed Firearms

Carrying a concealed firearm in violation of California Penal Code 25400 PC is a misdemeanor that may result in the following consequences:

  • Up to a year in jail
  • Up to $1000 in fines

Though this is somewhat lenient, some circumstances paired with carrying a concealed firearm make this violation a felony. Conditions that could increase the severity of the charge include:

  • Having a prior felony conviction or a conviction for a firearm offense in the state of California
  • Carrying a concealed firearm that you knew, or should have reasonably known, was stolen
  • It is determined the person with the concealed weapon is involved in a criminal street gang
  • You do not lawfully possess the firearm
  • You are strictly prohibited from possessing a firearm under California’s felon with a firearm law
  • You are strictly prohibited from possessing a firearm under Penal Code 29900 PC for committing or attempting to commit a violent offense

Continue reading “GUN VIOLATIONS & WEAPONS CHARGES”

ROBBERY PENALTIES & SENTENCING

SACRAMENTO CRIMINAL LAWYER

Sacramento Criminal Lawyer

ROBBERY, PENALTIES & SENTENCING

Robbery is covered by Penal Code 211 which defines it as the taking of personal property from another person or “immediate presence” against that individual’s will using force or fear. Because it is a felony in the state of California, it is important you speak with a Sacramento criminal lawyer who can legally assist you if you’ve been charged of robbery. Continue reading “ROBBERY PENALTIES & SENTENCING”

CALIFORNIA PROPOSITION 36

SACRAMENTO CRIMINAL DEFENSE ATTORNEY

SACRAMENTO CRIMINAL DEFENSE ATTORNEY

2012’s Proposition 36: Are You Eligible for a Reduced Sentence?

Back in 1994, California passed Proposition 184, a voter initiative that created a very strict “three strikes” sentencing law. The “three strikes” refer to three criminal convictions, and the law imposed a mandatory extended sentence—usually life—for persons convicted of a felony for the third time. The law was prompted largely by the efforts and campaign of a man whose daughter had been murdered by two repeat offenders who had been released from incarceration. The stated purpose of the law was to keep repeat offenders behind bars to prevent them from committing further crimes. If a criminal had not learned to stay straight after serving prison terms for two prior felony convictions, the rationale went, then he could not be trusted on release and therefore should pay for his criminal tendencies by permanent incarceration.

As a result of and since the passage of Proposition 184, nearly 9,000 of California’s approximately 141,000 inmates—or just over 6%—have been sentenced under Proposition 184’s life-sentence provisions, and even more are serving extended terms under Proposition 184’s other extended sentence provisions, which mandated a doubling of the normal sentence for a second felony conviction if the first felony conviction was for a serious or violent crime, such as burglary, robbery, or rape. Continue reading “CALIFORNIA PROPOSITION 36”

CRIMES AGAINST PERSONS

DEFENSE ATTORNEY IN SACRAMENTO

DEFENSE ATTORNEY IN SACRAMENTO

Crimes Against Another Person

Crimes against persons is a term used to define the general group of criminal offenses that involve bodily harm, the threat of such, and other actions against individuals.

There are 9 types of crimes against persons as defined by California Law:

  • Homicide
  • Mayhem
  • Kidnapping
  • Hostages
  • Robbery
  • Attempts to Kill
  • Assault with Intent to Commit a Felony Other than Murder
  • False Imprisonment and Human Trafficking
  • Assault and Battery

Continue reading “CRIMES AGAINST PERSONS”

WEAPON CHARGES

CRIMINAL LAWYER IN SACRAMENTO

CRIMINAL LAWYER IN SACRAMENTO

There are few areas of law as hotly contested as that of guns and weapons.

The state of California lies at one extreme while a large portion of the country lies at another, where guns and weapons are quite loosely regulated. Since individuals cross state lines quite frequently, it can be complicated to understand what exactly is permitted in each state.

Weapons Charges in California

California regulates guns and other weapons quite strictly, so there are many laws related to this subject. Due to this high regulation, it can be difficult to understand what is legal and what is illegal. Some of the more common weapons charges in California include:

  • Carrying a concealed firearm
  • Improper handling of a gun in a car
  • Aggravated assault with a deadly weapon (includes firearms)
  • Firing a gun into a building or structure that is occupied
  • Selling firearms
  • Possessing an assault weapon

Continue reading “WEAPON CHARGES”

POLICE CONTACT

CRIMINAL DEFENSE ATTORNEY IN SACRAMENTO CA

criminal defense attorney in Sacramento

If you have been contacted by law enforcement, now is the time to contact Law Offices of Alin Cintean by calling (916) 441-3500.

It is not uncommon for someone to have no knowledge that they are being investigated until a federal agent or a detective attempts to make contact and obtain a statement. Most often the contact will be attempted in person but it is also not uncommon for law enforcement to initiate phone contact. If contact was attempted and the person was not home, a detective or agent may leave behind a business card with a number to call. Sometimes in rare situations law enforcement will attempt to make contact with the friends or family of the person they want to speak with. If you suspect that you are the subject of an investigation do not wait to call a criminal defense attorney.
Continue reading “POLICE CONTACT”

CALIFORNIA CRIMINAL JUSTICE SYSTEM

SACRAMENTO CRIMINAL ATTORNEY

SACRAMENTO CRIMINAL ATTORNEY
Chances are that if you are reading this page you are seeking to learn more about the California state criminal justice system and how it works. Below we set out some of the basics of what happens after someone is arrested. This is by no means a thorough overview but we hope it will be a good starting point. Each case is different and requires individual attention. If you have been arrested and charged with a crime it is best to contact a Sacramento criminal attorney for free consultation about your case.

FOLLOWING THE ARREST

Once someone is arrested a police report is usually generated. This police report typically makes its way to the District Attorney’s office within 24 to 48 hours after the arrest. A deputy district attorney is typically assigned to review police report and file a complaint with the court. In some cases it is possible that a complaint was already filed in Superior Court prior to the arrest. The complaint would contain the criminal charges supported by the facts alleged in the police report. The prosecution of a felony case can also commence by filing a grand jury indictment. If the arrested person remains in custody they are generally arraigned within two days following the arrest. Someone arrested on a weekend or during a holiday may have to wait an extra day to be arraigned

Continue reading “CALIFORNIA CRIMINAL JUSTICE SYSTEM”

CHILD MOLESTATION ACCUSATIONS & CHARGES

SACRAMENTO CRIMINAL DEFENSE LAWYER

Sacramento Criminal Defense Lawyer
Sacramento criminal defense lawyer Alin Cintean is knowledgeable in protecting you against false accusations of lewd and lascivious conduct involving minors. As a former prosecutor and a California board-certified criminal law specialist will put his knowledge to work for you. We provide stellar representation to clients throughout the Greater Sacramento Area.

Child Molestation

California Penal Code Section 288 defines child molestation as touching a victim younger than 14 with the intent to arouse the sexual desire of either the offender or the victim. The statute is especially broad because it does not name any specific part of the body. While a child’s private parts are most obvious, touching any part of a child’s body with the intent to arouse sexual gratification can lead to a conviction. Even an accidental touching on the head or arm of a minor can be turned into a child molestation charge in California. Continue reading “CHILD MOLESTATION ACCUSATIONS & CHARGES”

CHILD PORNOGRAPHY CHARGES

SACRAMENTO CRIMINAL DEFENSE ATTORNEY

Sacramento Criminal Defense Attorney

Being falsely accused of child pornography can ruin lives and professional careers.

The consequences for possessing, selling, or distributing child pornography can be severe. In today’s information age, most child pornography offenses occur on the Internet, which crosses state lines. Early in 2013, suspects from California were among 245 individuals (both male and female) who were arrested in “Operation Sunflower” a federal sweep of people believed to be traders, producers, or owners of child pornography. The sweep was dubbed Operation Sunflower to commemorate the one-year anniversary of the rescue of an eleven-year-old in Kansas that resulted from the identification of a sunflower-shaped highway road sign. In another early 2013 federal case, a man was sentenced to 135 months in prison for transportation of child pornography. Continue reading “CHILD PORNOGRAPHY CHARGES”