Archive for the ‘ Uncategorized ’ Category

ROBBERY, BURGLARY, AND THE DIFFERENCE

Posted on: September 7, 2015 by in Uncategorized
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California Penal Codes 211 and 459

Orange County criminal defense attorneyIn everyday speech, we might refer to a burglary as a robbery or to a robbery as a theft, but in the law books and the courts, these terms are very precisely defined. Burglary, robbery, and theft refer to three somewhat different crimes in California, but if you’re charged with any of those crimes, you could land in jail if you’re convicted. If you or someone you love faces a charge of robbery, burglary, or theft in Orange County – now or in the future – arrange immediately to speak with an experienced Orange County criminal defense attorney.

What is the distinction between robbery and burglary? Burglary is defined as “entering a structure with the intent to commit a theft once inside” by California Penal Code 459. If the state can prove that a suspect entered a structure with the intent to commit a theft, that suspect will be convicted of burglary. Forced entry or the actual commission of a theft is not required to convict you of burglary. When you use threats, fear, or actual violence to take a person’s property from that person, it constitutes robbery under California Penal Code 211. First-degree robbery is prosecuted as a felony, and a conviction is punishable by up to nine years in prison. Second-degree robbery is also a felony punishable by up to five years in prison.

However, before you can be convicted of any crime in California, the state must prove your guilt “beyond a reasonable doubt,” and a criminal defense attorney’s job is to challenger the state’s evidence and raise doubt. People can be accused of robbery, burglary, and theft for a number of reasons when they’re innocent, but whether you’re innocent or guilty, you must have aggressive defense representation – a criminal defense attorney who will advocate vigorously ion your behalf for justice. If you are charged with theft, burglary, or robbery in Orange County, put your case promptly in the hands of an experienced Orange County criminal defense attorney.

Can you be charged for Marijuana Possession found in a car that you were a passenger in?

Posted on: March 26, 2014 by in Uncategorized
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If you are arrested along with the driver of a car in which marijuana is found, you can be legally arrested for marijuana possession, even if it was not yours. However, if the marijuana was not found on your person (on your body) and it was not yours, an experienced Orange County Criminal Defense attorney will be able to prepare a strong defense in your favor.

If marijuana is found in your vehicle but it was not yours and not on your person, you can still be charged with marijuana possession. Under this scenario you might need a stronger defense, because prosecution will appeal to the fact that if it is your car, you should have known its contents.

One potential defense a knowledgeable criminal defense attorney may use is that of your constitutional right to be protected from illegal search and seizure. A good majority of these cases may question the officer’s authority to check in the vehicle in the first place. If it was illegally obtained, it cannot be used as evidence in court. Fourth amendment rights are complex and intricate but in general this would qualify under the “fruit of the poisonous tree” doctrine.

If you feel there may be a violation of your rights, contact a criminal defense attorney who is familiar with its complexities!

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To learn more about this issue or other areas of law visit the Core Law Group blog at www.corelawgroup.com/blog or call one of our attorney’s at 714-249-2788.

Are there other alternative sentencing options besides Jail for drug offenses?

Posted on: May 7, 2013 by in Uncategorized
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Yes. If your case is properly handled there are other alternative sentencing options besides Jail for drug offenses.

In California the courts tend to prefer drug treatment over a jail sentence for those charged with minor drug offenses. The hope of the court is to rehabilitate the offender rather than punish them by a sentence which could increase the probability of a second offense. This is why alternative sentencing options besides jail are offered in this state. Depending on the specific facts of your case an experienced Core Law Group Criminal Defense attorney will be able to tell you if you qualify for one of a few alternative sentences.

Many drug offenders qualify for Proposition 36. Proposition 36, California’s Substance Abuse and Crime Prevention Act, allows those that have simple drug possession charges and are first or second time offenders to complete a substance abuse program instead of serving jail time. The programs are quite extensive and may include up to one year of education classes, therapy, inpatient or outpatient care and up to six months of aftercare.
Other alternative sentencing options that may be available could include a Deferred Entry of Judgment (DEJ) program. When granted a DEJ, the defendant pleads guilty, but is not convicted. The case is put on hold for 18 months and set aside. The defendant must then complete six months of a substance abuse program as well as avoid any additional convictions or charges. After 18 months are over, and the six months of a substance abuse program have successfully been completed, the charge is wiped clean.

The defendant also has the option of completing a Supervision and Treatment program. The program is divided into stages and as each stage is completed the defendant receives additional freedoms. At the end of the program, the charge is dismissed if the defendant has adhered to all guidelines and followed all requisite stages.

One of these alternative sentencing options may be available to you in which case your charges could be dismissed leaving your record completely clean. Consult a knowledgeable Criminal Defense attorney who has been practicing for over thirty years and has dealt with thousands of drug possession cases. The attorneys at Hoffman and Associates make daily appearances in all criminal courts in Southern California and have built up a solid reputation in the legal community, a value that is reflected in the zealous advocacy our attorneys provide and the desired results we get our clients. Give our office a call today, and give your case the best possible chance in getting dismissed.

If you enjoyed this blog please “share” it with your friends on social media. Spreading the word not only helps our firm but educates the public about the law.

To learn more about this issue or other areas of law visit the Core Law Group blog at www.corelawgroup.com/blog or call one of our attorney’s at 714-249-2788.