Author: alincintean

DUI DEFENSE

Sacramento DUI Attorney
AFTER DUI ARREST

Thinking about the aftermath of a DUI is extremely overwhelming but eventually, the intense feelings will subside and its important you act correctly to make sure your situation gets better. As soon as you are arrested for a DUI, act promptly. Do not fall into the trap of inaction, as that will exacerbate the stress. As soon as you are arrested for a DUI, the DMV and the court will take serious action against you.

To properly respond, it’s important you seek an attorney to lessen the worry to a manageable level. Immediately after a person is arrested, he or she will be kept in police custody, either at the police station or in county jail.

Most people arrested for DUI are eligible for release either by posting bail or on their own recognizance by submitting a written promise to appear in court at a later date. If a person you know is eligible for release on bail, you have two options: you can bail the amount yourself or you can obtain a bail bond from a licensed bail bond agent. After release, you should immediately seek a lawyer as it can significantly affect your chances of success. Continue reading “DUI DEFENSE”

GETTING YOUR FIRST DUI

SACRAMENTO DUI ATTORNEY

Sacramento DUI Attorney

YOUR FIRST DUI CHARGE

DUI arrests continue to increase in frequency across the US as a whole and particularly in the state of California. With the increase in arrests, state and local governments have continued to increase the severity of punishments and a conviction will cost the average defendant in ways they may have never imagined. Aside from the serious government imposed penalties, DUI arrests place the accused under immense stress and can cause individuals to lose their jobs, standing in the community, and stability at home. Understanding your unique situation is critical to obtaining a favorable outcome, and based on the charges and your background, there are different sections of the California Vehicle Code that will apply.

Driving under the influence is a serious crime with some harsh penalties. Contact a Sacramento DUI attorney for consultation immediately.

Over 200,000 drivers are arrested each year for driving under the influence in California alone and the administrative penalties vary. Before you can be sentenced of drunk driving though, the prosecution must establish three things.

  1. The first is that the officer who arrested you must have had probable cause to stop you, like speeding or running a red light for example.
  2. Second, you must have violated California’s DUI laws by driving with an illegal blood alcohol content (BAC) of .08 or refused to perform a chemical test.
  3. Lastly, the arrest must have been lawful. If all three of these are not met, the charges against you should be dismissed.

Continue reading “GETTING YOUR FIRST DUI”

FIRST-DEGREE & SECOND-DEGREE CHARGES

SACRAMENTO DEFENSE LAWYER

Sacramento Defense Lawyer

Sacramento Defense Lawyer Discusses First-Degree & Second-Degree Charges in California

Specific categorization of crimes allows the Court to give detailed sentences that match the severity of the crime. In California, felony crimes have varying degrees. For example, if there was only one degree of murder, then anyone who killed another person would probably spend the rest of his or her life in jail.

There would be no room to consider the exact details of the crime such as it occurring in the heat of an argument or as another consequence of an action not intended to actually kill the person. The severity of punishments are all circumstantial. If you have been charged of a first-degree or second-degree crime, contact a Sacramento defense lawyer immediately for legal assistance.

The court takes several aspects of a crime into consideration when determining the classification of the transgression. One important consideration is aggravating or mitigating circumstances. Mitigating circumstances are elements of the crime that do not necessarily excuse the crime but that are considered in order to fairly judge the severity, and degree, of a crime. Crimes that are committed in the “heat of passion” are an example of the consideration of mitigating circumstances. Aggravating circumstances are elements of the crime that actually increase its severity – such as killing someone based on their sexual orientation. Continue reading “FIRST-DEGREE & SECOND-DEGREE CHARGES”

WHAT IS DOMESTIC VIOLENCE?

CRIMINAL DEFENSE LAWYER IN SACRAMENTO

criminal lawyer in sacramento

DOMESTIC VIOLENCE IN CALIFORNIA

Domestic violence is defined in California Penal Code section 13700 as: “abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship.”

Two types of domestic violence charges are common in criminal court: “corporal injury to a spouse or cohabitant” (California Penal Code section 273.5) and “domestic battery” (California Penal Code section 243(e)).

  • In a “corporal injury” case, any visible physical injury perpetrated on a spouse or cohabitating intimate is charged as a crime. If convicted, the accused can be fined up to $6,000, put on probation, required to participate in diversion programs, and imprisoned for one year in county jail or for four years in a state prison.
  • “Domestic Battery”
 occurs when there is willful and unlawful use of force or violence upon a domestic partner. If convicted, the accused may be subject to fines, participation in a treatment program, and one year in a county jail. Continue reading “WHAT IS DOMESTIC VIOLENCE?”

PROPERTY CRIMES

 Sacramento Criminal Attorney
Property crimes in the State of California include many common offenses that relate to the theft or destruction of someone else’s property. Crimes against property can range from low-level misdemeanors to general felonies. By definition, a property crime is the theft or damage of another’s property, and does not involve the use of force or threat of force against. In some cases, more serious violent felonies including robbery are considered crimes against property.

Property crimes are the most common crimes committed in California, and after years of declining property crime rates in the state, California has seen an explosion in crimes against property. Experts argue on the exact nature of the increase, but the numbers are clear. Continue reading “PROPERTY CRIMES”

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”