Category: CRIMINAL DEFENSE

CRIMINAL DEFENSE

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”

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”

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”

CHILD MOLESTATION CHARGES & LEGAL DEFENSE

CRIMINAL DEFENSE LAWYER IN SACRAMENTO

CHILD MOLESTATION CHARGES & LEGAL DEFENSE

IN 2011, 9.7% OF REPORTED CASES OF CHILD ABUSE INVOLVED SEXUAL ABUSE

Since 2011, California has been implementing a realignment policy following a ruling by the United States Supreme Court mandating lower crowding in prisons. Since then, there has been a 15% increase in parolees required to register as sex offenders violating the terms of their release. Sacramento has an especially high percentage of sex offender parole violations as compared to the rest of California.

PENALTIES FOR A SEX OFFENSE CONVICTION ARE SEVERE

As experienced Sacramento criminal defense lawyers, we possess a thorough understanding of how child molestation charges are structured from investigation through trial and appeal. In California, the penalties for a sex offense conviction are severe, and can be even more substantial than the penalties for murder, including a lifetime registered as a sex offender. Because the list of registered sex offenders is so readily accessible, registration can affect whether someone who is convicted can find a job or a place to live.

The mere accusation of child molestation can ruin your reputation and relationships with your family, coworkers, employer, and friends. Therefore, if you are being investigated or facing charges of child molestation in Sacramento, it is imperative that you contact an experienced criminal defense attorney. Below is information that may help you understand how this offense is defined in California, and how the related criminal process works from beginning to end. Continue reading “CHILD MOLESTATION CHARGES & LEGAL DEFENSE”

FELONY MURDER RULE

SACRAMENTO CRIMINAL DEFENSE LAWYER

Sacramento Criminal Defense Lawyer

CALIFORNIA’S FELONY-MURDER RULE

California’s felony-murder rule attaches criminal liability to anyone who kills another human being during the commission of an inherently dangerous felony. The rule was established with the goal of holding people who engage in dangerous behavior accountable for the harm to others. Because of this rule, the government can allege criminal liability for the death of another even if the accused did not intend for anyone to die during the commission of certain conduct.

The purpose of the felony murder rule is to deter people from engaging in dangerous behavior that may lead to loss of life. When the felony murder rule is applied, the court does not distinguish between intentional, accidental, or negligent homicides. If a person dies during the commission of a felony, the felony murder rule applies and the person engaged in committing the felony can be charged with murder. Continue reading “FELONY MURDER RULE”