It is often said that it is better to allow 1000 guilty people free than to allow even one innocent person to be convicted of a crime and incarcerated for something they did not do.  A staggering number of Americans are mistakenly arrested, charged with crimes, and even convicted.  Recently, main stream entertainment media have begun to share stories of the wrongly incarcerated, with series such as Making a Murderer, and movies like Just Mercy (a must see film about Bryan Stevenson, the most successful innocence work attorney in the nation), point out some of the major flaws in out criminal investigation, trial, and appeals processes that have permitted countless innocent people to lose their liberty and even lives.  The sharp reality is that being innocent, is not a guarantee that you cannot be wrongfully accused.

HOW COMMON ARE FALSE CONVICTIONS
Measuring actual false conviction rates is nearly impossible.  Guilty people can claim innocence, innocent people may not be able to make a sufficient showing of innocence to be cleared.  What we do know, is that DNA evidence, the brilliant work of post-conviction attorneys, and exposed fabrications have revealed a tremendous amount of false convictions.  Based on DNA evidence alone, 367 people have been exonerated, mostly for serious crimes, and 21 were on death row.  Those who study wrongful convictions estimate that between 2.5% and 5% of convictions for serious crimes are false convictions.  Of course, an even greater number of people are arrested and charged, but avoid conviction because of a strong defense.  Even if you are actually innocent, if the police believe that you are guilty of a crime, they will mount all of the evidence against you that they can, and you need advocacy for your side to contradict the government's false narrative.

WHAT CAUSES FALSE CHARGES/CONVICTIONS
False accusations- False accusations are all too common.  Jealousy, anger, and covering for their own crimes can make a person accuse you of a crime.  During breakups, divorces, custody battles, and even more minor disputes, some people will choose to wield the power of the law as a weapon.  Though police do not like to be lied to, they will tend to believe a person who reports to them that they were the victim of a crime.  If you are the victim of a false accusation, you will need an experienced defense lawyer who can properly investigate the accusation, confront the accuser on your behalf, and expose the lie, so that you can clear your name.  The earlier you have an attorney involved in the process the better, as it may be time sensitive to preserve some necessary evidence.  Be sure to retain your own text messages, relevant photographs, clothing, and other possible evidence if you suspect you might be falsely accused by someone.
Mistaken identity-  Eyewitness identification is inherently extremely unreliable, yet heavily relied upon.  Victims to actual crimes will very often misidentify the perpetrator of the crime, often due to police practices aimed at incriminating a suspect. 
False confessions-  Did you know that police are allowed to lie to you?  And they will if you're ever in a police interview room.  Speaking to police when you are the target of their investigation is a terrible idea.  Police may not be very good at gathering physical evidence (more below), but they are very good at eliciting incriminating statements.  Police use tried and true interrogation tactics designed to get the answers they want - the answers that lead to your arrest, and their case being closed.  Most people outside the legal profession (and even many lawyers) have a hard time understanding how an innocent person could "confess" to a crime, but it happens at a staggering rate.  First, a suspect can incriminate herself with much less than a full confession to a crime.  Small statements, like confirming presence in the area of a crime, only add to the evidence against you, without helping you.  Many police are not trying to objectively look at all of the facts, but just aim to piece together any fact tending to show your guilt.  Additionally, police will lie and scare people into confessing.  Suspects being interrogated are often threatened with incarceration, the death penalty, having their kids taken away, and more to get them to cooperate in exchange for promises of leniency.  Police even tell people that they have evidence that they do not have (e.g. DNA on a murder weapon when they don't even have the weapon).  This kind of fear and manipulation, especially over hours and hours, can result in extremely unreliable admissions, but nonetheless admissions that the government will use against you.  Police interrogations are hard to deal with, and that is why a suspect should always remain silent and ask for their attorney during any questioning.
Mistake of fact-  Mistakes happen.  Sometimes people accidentally take the wrong bag, forget to pay a tab, or not knowing that someone else has put a gun or drugs in a car you're driving.  At first glance, these mistakes may point towards your guilt, but you might have a strong defense against the charges, maybe even enough to avoid filing of charges in the first place.  Accidentally walking into the wrong apartment can be charged as a home invasion residential burglary, and unfortunately, setting the record straight will likely require a formidable defense.
Sloppy evidence-  Most of our police departments are not as sophisticated in their collection, preservation, inspection, and testing of physical evidence.  Unlike many of the popular crime solver television shows, the reality falls very short of those ideals.  On top of that, a person's DNA or fingerprints being present at a crime scene may be perfectly innocent (for example, could be from another time).  If you've been charged with a crime you did not commit, and there is physical evidence pointing to your guilt, something went wrong, and the police did not catch it.  It takes a skilled defense attorney to evaluate the ways things could have gone wrong, investigate, inspect, and consult with experts to expose the error.
Tunnel vision- The term "tunnel vision" is often used in describing criminal investigations, because often times once police have identified a single suspect, they may no longer focus any of their attention on evidence that contradicts that theory, and will not look into other suspects (including the actual perpetrator).  Not only does this mean that there is a poor investigation into exculpatory facts, but it also means that law enforcement probably searched really hard for any and all tidbits of information that tend to show your guilt.  If the police incorrectly zero in on you as a suspect, you need at attorney to defend you, supplement the investigation, and ensure that you are not subject to penalties for the crimes of another person.

DO I NEED A LAWYER IF I DID NOTHING WRONG
Yes.  Many innocent people believe that the mistake that got them into trouble will be revealed, and all will be fine.  After all, we are innocent until proven guilty, right?  Unfortunately, most people who have had contact with the criminal justice system realize that defendants are rarely, if ever, treated as innocent during the proceedings.  You need an attorney to assert your rights, properly investigate the case, expose the lies, and uncover the mistakes that led to your charges.

HOW DO I PROVE I DID NOT DO IT?
Strictly speaking, you do not need to prove your innocence to avoid a conviction, but it sure will feel like it.  Unless you can mount credible evidence supporting your claim of innocence, the prosecution will likely go forward against you, and they will put on their case in an effort to convict you.  Thorough investigation, careful review of the government's evidence, confrontation of fabrication, and effective courtroom advocacy are all key to avoiding your conviction.  With sufficient evidence of innocence, it may also be possible to seal and destroy any arrest records.

WILL I BE ABLE TO SUE?
Being falsely accused of a crime, many people want to know if they will be able to sue the police, accuser, prosecution, or someone else relating to being falsely arrested and charged.  The answer is that it depends greatly, but that the primary focus should be getting out from under the false accusation first.   Getting the charges dismissed or winning at trial is a must, and the possibilities of recovering for the distress of a false accusation should be considered and discussed with the proper priorities.

WHAT CAN I DO IF I WAS ALREADY CONVICTED
Many wrongful convictions have been overturned.  If you or a loved one was convicted based on false or flawed evidence, there may be avenues through motions for new trial, appeals, and writs of habeas corpus, to attempt to vacate a false conviction.

Representing an innocent client is one of the most stressful and most rewarding experiences for a criminal defense lawyer.  Something went horribly wrong, and it will take exceptional legal work to correct it.  If you or a loved one has been falsely accused, contact us now for a Free Consultation with a San Diego Criminal Defense Attorney.

By Nicholas Loncar, Esq.

www.iDefendSanDiego.com
619-550-4422

Balboa Park, San Diego's larges urban park, offers 1200 acres of green space, museums, gardens, walking paths, and of course, the world famous San Diego Zoo.  Bordering the San Diego Neighborhoods of Hillcrest, North Park, South Park and Downtown San Diego, Balboa Park is centrally located, and a frequent attraction for people all around San Diego, California, the USA and the World, with the park drawing an estimated 12-15 million visitors per year!  The park also plays host to a number of special events, including concerts, races, festivals, parades, speakers, and fairs, including EarthFair, Pride, and more.  While most who visit the park for its natural beauty, cultural institutions, and family fun are not looking for trouble, many San Diegans and visitors alike find themselves in some trouble in Balboa Park.  Violent crimes, theft crimes, drug crimes, vandalism, and even homicides have taken place at Balboa Park.

Balboa Park is patrolled by the San Diego Police Department's Central Division, but often involve security or guest services from the park or one of its facilities as the initial witnesses or reporters of a crime.  The San Diego County District Attorney's Office prosecutes felony level offenses, and the San Diego City Attorney prosecutes misdemeanor offenses arising out of Balboa Park and nearby areas, with all criminal matters going to the Superior Court of California, County of San Diego's Central Courthouse, located at 1100 Union Street.

Some Examples of Balboa Park Criminal Cases:

1.  Aaron has a gift card which has been altered to go to a fraudulent credit card account.  Without putting money on the card, Aaron is able to use the card to make purchases, with someone else left to foot the bill.  He purchases two passes to go to the San Diego Zoo with his girlfriend.  The transaction is approved, but the cashier notices that the last four numbers on the receipt do not match the last four numbers on the gift card, a signal she has been taught to look out for.  She alerts security, providing Aaron's description, and he and his girlfriend are arrested for possession of a stolen access card.  Aaron remains silent, and contacts his San Diego Theft Crimes Defense Lawyer who will fight for him in court, urging that there is insufficient evidence Aaron knew the card was fraudulent.

2.  Mary is a college student looking to earn some extra money.  On campus, she has access to marijuana and other drugs, and remembered that in her high school days, she and her peers used to hand around Balboa Park, and occasionally would run into people who sold her marijuana.  She decides to buy an ounce of marijuana, bag it up into grams and sell to groups she sees in the park.  After a few weeks, one of her customers asks to purchase MDMA, which Mary can also get easily from her friends and sell for a markup.  Mary purchases several MDMA pills and returns to the park, where she is arrested by undercover officers, who find the drugs, and confront her about text messages about drug sales.  Mary is charged with possession for sale of a controlled substance, a permanent felony.  Despite strong evidence, Mary's San Diego Drug Crimes Defense Attorney is able to persuade the prosecuting agency to reduce Mary's charges to a misdemeanor, provided that she completes drug treatment and community service.  Mary's misdemeanor can be expunged in time for her job hunt post-graduation.

3.  Leaving an event where wine was provided, George gets into an automobile accident at a very low speed, only causing minor damage to another vehicle.  Although no one is injured, Dan, the other driver is irate, and begins yelling at George, even pushing him.  George gets back in his car and speeds away, feeling threatened.  Dan gets George's license plate number and calls the police to report a drunk driver and hit and run.  The police come to George's home the next day, but he is not home and they leave a card.  Rather than call the police, George meets with his San Diego DUI Lawyer.  George's lawyer sends a letter of representation, declining to give a statement, to the investigating officer, who needs more evidence to be able to charge or arrest George.  George is not arrested or charged with DUI or Hit and Run, but learned a valuable lesson about drinking and driving.

IF YOU OR A LOVED ONE IS FACING CRIMINAL CHARGES IN SAN DIEGO, CONTACT US NOW FOR A FREE CONSULTATION WITH AN EXPERIENCED, PASSIONATE, CRIMINAL DEFENSE ATTORNEY.
619-550-4422

By Nicholas Loncar

www.iDefendSanDiego.com
619-550-4422

In November 2016, California joined several other states in legalizing adult recreational use of cannabis in passing Proposition 64, the Control, Regulate, and Tax Adult Use of Marijuana Act.  The new law permits adults over 21 to possess, and even cultivate specified amounts of marijuana and marijuana concentrates for personal use.  Additionally, like Proposition 47 did for felony drug possession and certain theft crimes, Proposition 64 affected sentencing of marijuana sales and cultivation charges, reducing what used to be strict felonies, mostly to misdemeanors.  Prior to legalization, medical marijuana laws had been in place in California since 1996, permitting patients with valid medical marijuana recommendations to possess, consume, and cultivate cannabis for personal use.  Proposition 64 does not affect California's medical marijuana laws.  Though not as popular since legalization, there are still many doctors' offices which specialize is diagnosing medical conditions for which marijuana use might be beneficial.  Today, medical marijuana is popular among 18-21 year olds who would need a medical recommendation to be able to lawfully possess cannabis. 

HOW MUCH MARIJUANA OR CONCENTRATE MAY I POSSESS?
Adults 21 and over may possess and cultivate marijuana and concentrate for personal use.  Municipalities may not prohibit possession for personal use.  Although there is no set amount, be advised that possession of a large quantity can still result in filing of possession for sale charges pursuant to Health and Safety code section 11359.  Although now a misdemeanor, it is important to understand that selling marijuana, except by licensed vendors (more below) is still a crime in California.  Possessing a large amount of marijuana, or possessing marijuana in many pieces of small packaging can still result in criminal charges, and you might be arrested and charged even if you truly only possessed marijuana for personal use.

CAN I SMOKE IN PUBLIC?
No.  Smoking marijuana in most public places is not legal for recreational use.  Vaping may be less likely to draw attention, but is also prohibited in public places, even on the street.  Marijuana use of any kind in a motor vehicle is not a good idea, even if only a passenger is smoking.  A Marijuana DUI arrest and charge can very easily occur even if you have not consumed any cannabis.  More difficult to detect than alcohol, officers may very well arrest you even if you are not under the influence, citing that they thought you were, and leaving yourself to defend against DUI charges in court.  In the first move of its kind, Lowell Farms Cafe in West Hollywood, CA opened a restaurant and dispensary which permits on-site consumption of cannabis products in an indoor and outdoor restaurant setting.

WHAT KIND OF LICENSE DO I NEED TO GROW OR SELL CANNABIS PRODUCTS?
Getting licenses and permits for a cannabis business in San Diego is no easy task.  In California, there are a number of administrative hoops to jump through, and the City of San Diego seeks to limit, as much as possible, the amount of commercial cannabis activity in the city.  Cultivation also requires permits, and is very difficult in San Diego County.  Some other, mostly rural areas of Southern California have relaxed their requirements for cannabis grow operations in order to bring economic growth and deal with declining populations and revenue.  The bigger, more established cannabis brands in California appear to be taking up most of the market share, with small businesses struggling to meet all of the permit requirements, taxes, and legal hurdles.

HOW DO I GET RID OF A MARIJUANA FELONY CONVICTION?
Making marijuana sales, cultivation, and possession for sales misdemeanors was a major stride for criminal justice in California.  Not only do people presently facing charges for unlicensed commercial marijuana activity face lesser punishments, but the law applies retroactively, relieving people who were previously convicted of marijuana sales offenses of what were previously permanent felony convictions.  If you or a loved one has a prior felony conviction under Health and Safety code section 11357 (marijuana possession), 11358 (cultivation of marijuana), 11359 (possession for sale of marijuana), or 11360 (sale or transportation of marijuana), that felony can most likely be reduced to a misdemeanor for all purposes, opening new doors, and knocking down old walls.  Like an expungement, a petition for re-sentencing pursuant to Proposition 64 can greatly affect your life, including opening up new opportunities for employment, licensing, travel, and more. 

NOTE ON FEDERAL LAW:  As of the date of this article, marijuana is still prohibited under Federal Law.  In California, Federal agencies such as the DEA, FBI, CBP, and US Attorney's Office do not make enforcing federal marijuana laws a priority, but marijuana crimes can still result in serious charges in federal court.  More about Federal Criminal Defense in San Diego

More about California's Marijuana Laws
More about California's Drug Crime Laws
More about California's Driving Under the Influence of Drugs Laws

IF YOU OR A LOVED ONE IS FACING MARIJUANA CHARGES OR HAS PRIOR CONVICTIONS THAT MIGHT BE ELIGIBLE FOR PROPOSITION 64 RELIEF, CONTACT US NOW FOR A FREE CONSULTATION WITH A SAN DIEGO CRIMINAL DEFENSE ATTORNEY 619-550-4422.

by Nicholas Loncar, Criminal Defense Attorney

www.iDefendSanDiego.com
619-550-4422
San Diego Criminal Defense Lawyer
San Diego Drug Crimes Lawyer

In November 2014, California Voters passed an initiative to reduce the penalties for drug possession, and nonviolent theft crimes valued under $950.  Under previous law, simple possession of drugs like cocaine, heroin, opioid/opiate pain medications were a strict felony under Health and Safety code section 11350.  Possession of methamphetamine, PCP, LSD, MDMA and even concentrated cannabis (including edibles) could be charged as felonies if the District Attorney's office wished to do so.  Similarly, shoplifters and other petty thieves could be charged with felonies, even for very small thefts, if they either had a prior (Penal Code 666), or if the prosecution could argue that the theft was intended at the time of entry into a store or other building (Penal Code 459).  This dramatic change in the law has affected a great number of people who face criminal charges today, or who suffered felony convictions in the past, and are now eligible for relief.

It is important to note that a reduction from a felony to a misdemeanor for drug possession and thefts under $950 is not without its boundaries.  One of the most common mistakes people make with the application of Prop 47 is to robbery (Penal Code 211) cases where under $950 was taken.  Because robbery is a violent crime, it does not qualify.  Additionally, some forms of financial crimes can still be classified as felonies, even if no amount of money was taken, these include forgery, possession of another's access card, and other financially sophisticated crimes.  Proposition 47 did not change drug sales charges. 

Certain serious felony convictions (Murder, Arson, Rape, Mayhem, and others) can also render a person ineligible for reduction to a misdemeanor under the modified law.  This means that someone previously convicted of rape, for example, can be charged with a felony (and have that felony sentenced doubled under California's Three Strikes Law) for drug possession or a petty theft.  Additionally, Proposition 47 reduces what were once felony charges to misdemeanors for all purposes, except for restoration of firearm rights.  A Prop 47 petition will not restore gun rights, but will otherwise remove much of the harm and stigma that comes with a felony conviction.  A Penal Code 17(b) motion, would be the only way to reduce charges for all purposes, and eligibility for that relief is something that is only available for some of the charges affected by Prop 47.

A drastic reduction in the number of felony filings from drug and petty theft cases was supposed to result in more resources being allocated to dealing with more serious crime.  Without so many simple possession and repeat shoplifting cases, the District Attorney's office began to look for other ways to charge people with felonies, including filing drug sales charges in simple possession cases (for example, possession by one person of three grams of cocaine, purchased in three separate bags), or alleging elements of theft crimes to get around small value (for example, filing robbery charges in a shoplifting case where a shoplifter struggled to get away from security).  This aggressive overzealous prosecution in cases like these is yet another reason, if not a precise illustration, of why it is vital to have a dedicated, experienced criminal defense lawyer on your side if you are facing criminal charges in San Diego.  The voters did an excellent job of reforming criminal law to be more progressive, but you cannot count on the prosecution (or even the court) to be lenient; strong advocacy is a must.

Like an expungement, a petition for re-sentencing pursuant to Proposition 47 can greatly improve your life.  Relieving yourself of having a felony conviction can result in new or better employment opportunities, ability to obtain a professional license, fewer restrictions on travel and free exercise of other rights and more.  If you suffered a felony conviction, let us look over your case or history and see if you might be eligible for reduction to a misdemeanor or other relief.

If you or a loved one is currently facing a drug case or theft case, or has prior felony convictions which may be eligible for reduction pursuant to Prop 47, contact out office today to discuss how Proposition 47, and we, can help you avoid negative consequences and get back to your life.

CALL NOW FOR A FREE CONSULTATION  -  619-550-4422

By Nicholas Loncar, Criminal Defense Attorney

Criminal cases can carry serious consequences, including major restrictions on liberty like jail or prison.  For many, incarceration, convictions, and arrests can get in the way of our livelihood.  Most new hires undergo a background check, while many employees are subject to periodic background checks during employment, and some even have mandatory reporting rules to the employer and/or a professional licensing agency. 

Missing work for jail time is only one of many ways that being arrested and charged with a crime can affect a person's employment or professional license status.  If you or a loved one has been arrested and needs to get out of jail to get to work, the most effective way to do that quickly will probably be bail (more information about the bail process).  However, getting out of jail is typically only the beginning of a long fight, where the government will be aggressively seeking a conviction, and your job or professional license may depend on avoiding a bad outcome in your case.  In the same way that an experienced criminal defense attorney must consider collateral consequences in cases where a conviction might have immigration consequences, it is important to have an attorney who understands, and will fight for, an outcome that will not disrupt your way of life.  If your job requires security clearance, or if you work with hospitals, schools, government buildings,

If you have a professional license, you have made a significant commitment to a profession and want to make sure that one mistake (or even another mistake) will not cost you all that you have worked hard for.  Protecting your license may also require you to defend your license against the Attorney General's office in administrative proceedings, but as far as the criminal case is concerned, you will need an experienced, dedicated criminal defense attorney on your side who understands the importance of protecting your livelihood and knows how to do it.  If you are a licensed attorney, nurse, contractor, doctor, realtor, broker, beauty, or work in another profession requiring a license, you need to discuss this with your attorney to be sure that your defense places the right amount of emphasis on protecting your profession.

Expunging prior convictions, reducing felonies to misdemeanors, and otherwise cleaning up a spotty past can really help a person re-enter the work force, enter for the first time, or advance to higher positions with better pay.  If you have questions about how your prior convictions might be holding you back, and what we might be able to do about it, call for a Free Consultation with a San Diego Criminal Defense Attorney.

Experience matters.  When you have more at stake, more to lose, protecting yourself from criminal charges is the right call.  Discuss your case with an experienced San Diego Criminal Defense Attorney today.  CALL 619-550-4422

by Nicholas Loncar

FREE CONSULTATIONS  619-550-4422

www.iDefendSanDiego.com

SAN DIEGO CRIMINAL DEFENSE LAWYER

One of the first things that comes to the mind of most Americans when thinking about our criminal justice system is the notion that we are "innocent until proven guilty."  For those who have had contact with our criminal justice system, the feeling is usually quite the opposite.  Upon suspicion of a crime, and at the discretion of police officers, we can be arrested and held in custody with almost no oversight.  Next, the prosecuting agency will decide whether to file charges, and can file charges with broad discretion, without having to immediately make any showing of evidence.  Pretrial detention can last a very, very long time.  Very few cases will get to trial in less than two months, and in felony cases even longer.  Investigation, motions, and case preparation can drag the process out more, and people may be facing criminal charges for months and even years.  Currently, many of the accused are incarcerated until they are either proven guilty or can post bail.  Bail can be posted in its full amount, and upon conclusion of the case, the court will return the full amount.  Unfortunately, bail amounts are usually too high (San Diego Bail Schedule), and defendants and their families will require the services of a bail bondsman.  Bail bondsmen work with a surety company that will post the full amount of your bail with the court in exchange for a premium (usually 7%-10% of the total bond amount), even offering payment plans, making bail possible for more people.  The catch: you do not get the premium back when the case is over; that fee is what the bail bondsman earns by posting the full amount and getting you out of jail.

PURPOSE OF BAIL
There is only ONE constitutionally justified reason for bail: securing the defendant's return to court.  That's it.  In California, however, the government gave itself an additional justification: protecting the public safety.  Accordingly, when a judge is determining your bail amount at arraignment or bail review, they consider two things: (1) your likelihood of not returning to court ("flight risk"), and (2) whether you pose a danger to the community.  Back in the infancy of our criminal justice system and bail process, evading the powers of the court was not very difficult.  Courts did not have photographs of defendants, their fingerprints, and citizens were not equipped with photo ID.  Therefore, a way to ensure someone returned was to make them leave money as collateral, to be returned when they returned.  Today, in the age of credit cards, smart phones, social media, facial recognition technology, and the like, being a "flight risk" would require extreme resources - the kind of extreme resources that would also make posting bail easy for such a person.  In other words, cash bail does not ensure return to court.  Instead, it serves to lock up poor people who have not been proven guilty, and provide relief from that injustice to those with substantial means.  The purpose of bail is greatly outdated, but we still must argue within that framework for the lowest bail possible.  At arraignment or bail review, your San Diego Criminal Defense Lawyer will show that you are not a flight risk by pointing out a lack of history of failures to appear, your timely presence in court for that proceeding, and your commitment to your defense by hiring an attorney.  Defendants charged with nonviolent offenses and/or nonviolent pasts are more likely to receive bail reductions or to be released on their own recognizance.

BAIL REFORM
California is known in many ways as a progressive state, and lawmakers and appellate courts have recently begun to reform the cash bail process in California.  Judges must now consider less restrictive means (less restrictive than jail) to achieve the bail objectives.  Still, this only permits judges to deviate from a predetermined bail schedule.  Reformers still see cash bail as a major injustice in that it disproportionately affects the poor, and places a tremendous burden (punishment, really) on people who have not been proven guilty of any wrongdoing.

BAIL AND FALSE CONVICTIONS
Because incarceration is so difficult, it impacts a defendant's rights to a just outcome in their case in many ways.  For example, an innocent person may be presented with the following scenario:
     Isaac is arrested for grand theft, after being mistaken for another person.  He is held on
     $20,000 bail.  If he doesn't get out of jail by the next day, he will lose his job, and his family will not
     be able to pay rent.  Having done nothing wrong, he must either (a) come up with money to bail out,
     (b) stay in jail for months until his trial, or (c) take a plea deal that lets him go home on probation with
     a felony conviction.
Imagine that?  The best option for Innocent Isaac might be to plead guilty to a crime he did not commit.  People plead guilty and rush their defense because they are incarcerated every day.  Defense lawyers sometimes need more time to do investigation and motions, but have to compete with the fact that the client is in custody during that time.  This is not how we should treat someone who is supposed to be presumed innocent.  Unfortunately, many DAs and judges prefer this injustice because it results in quicker disposition of cases - even if at the risk of justice.

MOTIONS TO REDUCE BAIL - MOTIONS FOR OWN RECOGNIZANCE RELEASE
Bail is typically set at the time of arrest, and then addressed again at arraignment.  If you or your lawyer believe that the bail set at arraignment was too high, a bail review can be set two or more days later.  Bail can also be addressed at later stages in the case with two days' notice.  At a bail review, your criminal defense lawyer will have to make a showing that you are not a flight risk or a danger to the community.  Showing that you have strong ties to the community, and presenting other mitigation can get bail reduced or even result in the court agreeing to release you without having to post any bail at all.  Your lawyer will know which factors, changed circumstances, and other reasons to persuade your judge.

PC 1275.1 HOLDS - SOURCE OF BAIL FUNDS
An issue that sometimes comes up in criminal cases is the source of bail funds.  Defendants charged with money laundering, embezzlement, high-level drug trafficking, and the like may have to show the court that the money used for bail came from legitimate sources.

IF YOU OR A LOVED ONE IS INCARCERATED, HAS A WARRANT, OR HAS AN ARRAIGNMENT DATE COMING UP IN SAN DIEGO, YOU NEED A PASSIONATE, DEDICATED CRIMINAL LAWYER ON YOUR SIDE TO FIGHT TO KEEP YOU OUT OF CUSTODY, AND IF NECESSARY, COORDINATE WITH YOUR BAIL BONDSMAN TO KEEP YOU OUT OF JAIL SO THAT YOU CAN FIGHT YOUR CASE THE RIGHT WAY.  CALL NOW FOR A FREE CONSULTATION  619-550-4422.

by Nicholas Loncar

Encinitas is located about 25 miles north of San Diego.  This beach city in the North County of San Diego is known for its cliffs, mesa bluffs, rolling hills, and its beautiful botanical gardens.  Golf enthusiasts enjoy courses with beautiful ocean views, and history buffs value the historical architecture in the Encinitas shopping district.  Encinitas is a great place for both young families and retirees, and has very low rates for violent crimes.  Still, crime does occur in Encinitas, and people find themselves in need of a criminal defense attorney.  Driving under the influence, drgu crimes, thefts and burglaries make up a majority of the crime in this city, but assaults and other violent crimes are not unheard of in Encinitas.  Encinitas communities and law enforcement are proactive in addressing the crime trends in their city, and Encinitas is not known for being lenient on alleged criminals.  If you or someone you know has been arrested in Encinitas, be sure to visit our Practice Areas page, which discusses the many charges in which we specialize.  And do not hesitate to contact us to speak with an experienced San Diego Criminal Lawyer now.  CALL 619-550-4422.

Law Enforcement in Encinitas
The North Coastal Branch of the San Diego County Sheriff’s Department is located at 175 North El Camino Real.  This station serves Encinitas, Solana Beach, and Del Mar, providing a full range of services, including patrol, crime prevention, crime lab, crime analysis, criminal intelligence, narcotics enforcement, emergency services, generalized and specialized investigative functions, and traffic services. There are seven detention facilities operated by the San Diego County Sheriff’s Department. The San Diego Central Jail and Vista Detention Facility house male arrestees, while the Las Colinas and Vista Detention Facilities book female arrestees. All other inmates are housed under the care of the Sheriff. As of January 2000, the Sheriff’s Department and the San Diego County Marshal’s Office merged to provide court security and related services for the San Diego Superior Court.  If you are arrested in Encinitas, it will most likely have been by the Sheriff's Department, although Federal agencies also may make arrests, having concurrent jurisdiction

The Sheriff's Department responds to nearly half a million calls each year, including over 300,000 emergency calls and has nearly 1000 sworn officers.  The Sheriff's Department promotes the safety and well being of Encinitas and surrounding neighborhoods through various programs, including community outreach.  Specialists in the Department’s crime prevention program coordinate resources and help facilitate neighborhood watch, the crime-free multi-housing program, and even provides safety and prevention information at events like community fairs.

Encinitas Court
Encinitas does not have its own courthouse, but instead shares a courthouse with other nearby North County San Diego communities at the the North County Regional Center in Vista, which is shared by the San Diego County Superior Court, the Sheriff's Department, Probation Department, the District Attorney's Office, Revenue and Recovery, and the Board of Supervisors.  In addition to hearing criminal cases, the Vista Courthouse also handles civil, family, probate, small claims, appellate, adoption, traffic, and minor offenses.  The North County Regional Center is located at 325 South Melrose Dr., in Vista.

FAQ’s on California Possession Charges

How does California classify drug possession charges?
Prior to the passage of Proposition 47, the District Attorney (DA) decided whether to file drug possession charges as a misdemeanor, or felony.  However, since the passage of Prop 47 simple drug possession (meth, heroin, cocaine, opiate/opioid painkillers), are misdemeanors.  This has not stopped people from being charged with felony drug cases, even when they possess the drugs only for personal use.  Because simple possession is now a less serious crime, police and prosecutors are increasingly charging those in possession of larger personal use amounts as being in possession for sale, still a felony.  Since Proposition 64, marijuana possession is not a crime.  It is an infraction to possess more than one ounce, and sale/possession for sale (except for licensed businesses) are now misdemeanors instead of felonies.

What is Prop 47?
Prop 47 reduces certain drug possession felonies to misdemeanors, and nonviolent theft offenses for a value of under $950. The interesting part about Prop 47 is that it permits re-sentencing for those already serving a prison sentence for any charges that may be reduced under Prop 47. This means that your possession charge, as a misdemeanor, will not carry a prison sentence or the type of fines associated with a felony conviction. In addition, Prop 47 is retroactive, and can vacate an old conviction.

What are some defenses to a possession charge?
The defenses available to you after you are charged with possession will greatly depend on the facts in your case. For this reason, it’s critical that you speak with an experienced criminal defense attorney. Some of the most common defenses include: medical necessity, prescription, unlawful search or seizure, issues with lab analysis, and other improper police conduct.

SAN DIEGO CRIMINAL DEFENSE LAWYER

PRACTICE AREAS | CASE RESULTS | ATTORNEYS

Ocean Beach is located northwest of Downtown San Diego, south of Mission Beach, and north of Point Loma. Once known as the Haight-Ashbury of San Diego because of its large hippie population, Ocean Beach is now a diverse community. However, Ocean Beach is still known for its vintage atmosphere, and is a favorite spot for local surfers. Ocean Beach natives also boast that their town has one of southern California’s longest piers and one of the hippest dog beaches. Although Ocean Beach holds on to its hippie vibe, and is considered a tight-knit community, it has recently seen a spike in violent crimes. Historically, the town has seen more alcohol and drug related crimes and theft – but the small town definitely notices when more serious crimes start to increase.  This can mean harsh penalties for those charged with committing crimes in San Diego County Superior Court.

If you or a loved one is arrested in Ocean Beach, be sure to check our Practice Areas page for competent and experienced legal assistance in a wide range of charges. It’s important to obtain legal guidance immediately after the charges arise, as available legal strategies will change as time elapses. For example, once you are arrested with a DUI, you have only ten days to request a DMV hearing to prevent automatic suspension of your license. Upon conviction, there are similar tight deadlines for an appeal.

Ocean Beach Law Enforcement
The San Diego Police Department’s Western Division serves the neighborhoods of Ocean Beach. This division serves about 130,000 people, covering about 23 miles. The division offers security checks on vacation homes and “You Are Not Alone” (YANA) checks for those who are disabled or elderly. The San Diego Police Department focuses on educating their neighborhoods about early crime prevention techniques, and involving the community in crime prevention activities and events. These events also serve the purpose of building trust between the Police Department and the citizens within the Ocean Beach communities. One of the most involved programs is the Crime Stoppers Organization. This Organization allows community members to help solve serious crimes. They’re also linked with San Diego Unified School District – offering students cash for anonymous tips that help solve or prevent campus violence and vandalism.

Ocean Beach Court
Ocean Beach is served by the Hall of Justice Courthouse located on West Broadway. It is the newest facility in San Diego County, and is occupied by the Superior Court’s Civil Independent Calendar courts, the Small Claims Business Office, the Sheriff’s Court Services Bureau, Probation, and the DA’s office.

Whether it’s your first time being arrested, or whether you’ve been arrested before, there are common mistakes that defendants often make from the point contact with law enforcement until obtaining a lawyer. Here are some of the most common defendant blunders.


Hiring a lawyer based on cost alone
The saying can be true: you get what you pay for.  Cost is certainly a factor that greatly affects a potential client's choice in attorneys.  But, it should not be the only factor.  It’s important to look at the attorney’s experience with your specific type of case.  For example, if you are facing drug charges, make sure that the attorney you choose has experience (and success) in drug cases.  Significantly low pricing could mean that the attorney gets very little business, or that additional charges will likely arise through the representation. At the same time, hiring an attorney for well above the average rate does not always mean you will get top-notch representation. It’s important to do your research.

Failing to hire an attorney right away
As discussed earlier, some clients put off their attorney search until the last minute. However, this significantly reduces their opportunity for a favorable outcome. It reduces the attorney’s time and opportunity to receive critical documentation necessary for representation, and closes additional routes that may have been available at the beginning.

Choosing to represent themselves
Also known as a pro se defendant, some believe they can adequately represent themselves in front of the judge. However, understanding the meaning and options in each legal proceeding is crucial, and representing yourself is unlikely to result in a favorable outcome. The law is complicated, and you are not only paying for your attorney’s knowledge, but also their experience in similar matters.

Making statements to police without an attorney present
Police are allowed to use several tactics to get you to talk, but you have a Constitutional right to have an attorney present during custodial interrogations. Trying to talk your way out of your criminal charge at this point will only give additional ammunition for the prosecutor once the charges are filed. Once you are read your Miranda Rights, insist on having counsel present before speaking with police.

Oceanside Criminal Defense and DUI Attorney
Oceanside is located just south of Camp Pendleton in San Diego County, and is known for its classic, Cape Cod-style harbor village. The beach community is located about 39 miles north of San Diego, and has a population of more than 175,000. With attractions like Lego Land, SeaWorld, and the San Diego Zoo, Oceanside is one of southern California’s top tourist destinations. In addition, Oceanside is ranked by U.S. Today as having the second most ideal climate in the entire country. Oceanside also has a very family-friendly atmosphere, and several tight-knit communities. Unfortunately Oceanside, like any other tourist destination, sees its fair share of crime. Crimes like theft, DUI, and domestic violence are present in every U.S. city, but Oceanside has been the scene of several high profile, serious crimes.  If you or a loved one has been arrested in Oceanside, contact a San Diego Criminal Defense Lawyer now.  FREE CONSULTATIONS 619-550-4422

Oceanside Law Enforcement
Oceanside is served by their own police department, which is located on Mission Avenue. The department is also equipped with officers who patrol the harbor, and safeguard Oceanside’s beaches. The Oceanside police department focuses on working with the community in order to prevent crime, instead of addressing crime as it occurs. The department’s attributes their declining crime rates to the implementation of prophylactic techniques within the community. In 2007, the city’s crime rate was the lowest it had been in 30 years. Oceanside PD also stations resource centers throughout the city, which is staffed with volunteers who assist the public with crime reports and similar police-related objectives.

Oceanside Court
The North County Regional Center, located on South Melrose Dr. in Vista, is the nearest courthouse for Oceanside residents. Although there is a juvenile court located on Mission Avenue, the North County Regional Center is a full service branch. This court hears all cases, including: criminal, civil, family, probate, small claims, appeals, adoption, traffic, and other minor offenses. In addition, this court virtually the same operations and functions as the downtown San Diego courthouse – which is located nearly 40 miles away from Oceanside. The North County Regional Center is shared by the Superior court, sheriff, probation, district attorney, revenue and recovery, and the board of supervisors.

As part of Oceanside’s focus on preventing crime and keeping their community safe, they often plan DUI checkpoints. The San Diego Police Department and California Highway Patrol reported five deadly alcohol-related crashes from June 1 to August 27, 2015. Oceanside reported no fatal alcohol-related crashes in this timeframe, which may be due to increased checkpoints and comprehensive patrolling. If you or someone you know has been arrested in Oceanside for DUI or another crime listed on our Practice Areas page, contact us immediately for unparalleled criminal defense.

Below are some commonly asked questions regarding DUI charges.

The police used a Breathalyzer and my BAC was high, do I still have any defenses?
Although most people assume that a high BAC results in a definite DUI conviction, a good attorney may either negotiate with the prosecutor for a reduction in charges, or even get the case dismissed based on constitutional issues. For example, if the attorney can prove that there was no reasonable suspicion for the police to pull you over in the first place, any subsequent evidence will not be permitted (including your BAC). There are also several other defenses that are commonly used in DUI cases, including rising blood alcohol levels, failure by the police in conforming to field sobriety procedures, and even medical issues that can affect BAC’s.

Do I need an attorney for my DMV hearing?
Many people do not retain an attorney for their DMV hearing, which is separate from the court hearing and criminal charges. However, the DMV hearing can be an important component in the entire process, to keeping your license, and to setting up for success at trial. For example, if your attorney subpoenas the police officer that pulled you over, the attorney can then find inconsistencies or credibility issues before the court hearing. In addition, this lets the police and the prosecutor know that you are prepared to fully defend yourself against the charges, which may have an effect on their willingness to negotiate.

What happens if I refused to take a chemical test?
California has something called an implied consent law, which means that once you are arrested for DUI (and the officer has probable cause for the arrest), you impliedly consent to a chemical test in order to obtain your BAC. This implied consent law does not apply to the Preliminary Alcohol Screening (PAS) device test that is performed on If you refuse to take the chemical test, and are later convicted of a DUI, you will be subject to fines, lose your license, and may even get jail time. Additionally, the fact that you refused to take a chemical test may be used against you in court.

Do I have the right to an attorney while taking a field sobriety test?
The Fifth Amendment gives you the right to an attorney during custodial interrogation. Unfortunately, however, field sobriety tests are neither custodial nor interrogative under the law. You do not have the right to an attorney until after you either submit to the field sobriety test or refuse to submit to the field sobriety test.

What symptoms and behaviors do police look for when they pull you over?
Police will look for the common symptoms of intoxication: slurred speech, glossy eyes or bloodshot eyes, the inability to answer questions, and of course, the smell of alcohol.

CONTACT A NORTH COUNTY SAN DIEGO CRIMINAL DEFENSE ATTORNEY NOW FOR A FREE CONSULTATION.  619-550-4422.

Pacific Beach Criminal Defense and DUI Attorney
Pacific Beach, San Diego, is located south of La Jolla, north of Mission Beach and Mission Bay, and west of Interstate 5. Pacific Beach was largely known for its young, surfer and college student residents. However, the population is gradually becoming older and more affluent due to the high cost of living. Pacific Beach is known for its nightlife, its boardwalk, and its representation of the iconic “California dream beach town.” While Pacific Beach may be the picture of a California dream, crime statistics from recent years indicate that Pacific Beach has the highest crime rate among the San Diego beach communities. The higher rates are likely due to the fact that Pacific Beach is somewhat of a party town, and it is one of the larger beach communities.

If you or a loved one has been arrested, charged with a crime, or may be under investigation for a crime in Pacific Beach or anywhere else in San Diego county, it is important to have an experienced, knowledgeable, dedicated attorney on your side to fight for you.  FREE CONSULTATIONS 619-550-4422

Pacific Beach Law Enforcement
Pacific Beach is served by the Northern Division of the San Diego Police Department. This division serves a population of 225,234 people and encompasses 41.3 square miles and 11 neighborhoods. Focused on crime prevention, the Northern Division offers several activities and programs that are designed to maintain close relationships with the communities in which they serve. These activities include neighborhood watch programs, and one day per year called “national night out.” On the first Tuesday of every August, residents are encouraged to spend a couple of hours outside with neighbors and police. Many of the residents participate by holding cookouts, parades and block parties. The department also offers “YANA” checks (You Are Not Alone), where family members can request regular checks on anyone who is elderly or physically challenged and living on their own.

Because officers in Pacific Beach are focused on community outreach and crime prevention, they handle crimes within their community very seriously. If you or someone you know is being charged with any of the crimes listed our Practice Areas page, be sure you are getting competent legal help from an experienced attorney.

Pacific Beach Court
The nearest courthouse to Pacific Beach is the Hall of Justice Courthouse, which is a new facility located on West Broadway in San Diego. This location is occupied by: the Superior Court’s civil independent calendar courts, the small claims business office, the Sheriff’s court services bureau, probation, and the District Attorney’s office

Here are a few basics about just some of the charges in which we have successfully represented clients:

DUI: being charged with DUI can have significant effects on the individual being charged, especially if you have a professional license. DUI cases can be reduced to a simple infraction if you hire a competent and aggressive attorney with experience in DUI cases. DUI cases can be difficult for you to handle without an attorney, because this charge deals with both administrative law and criminal law. Attorneys understand how these areas of law overlap and affect each other. In addition, attorneys are more familiar with plea procedures and how to negotiate with prosecutors. They also understand what types of mitigating factors may work in your favor.  more information

Drug crimes: Drug crimes come with a societal stigma that can affect your career and even your personal life. Many times, those with drug offenses are repeat offenders, which can make negotiations with prosecutors more difficult. However, an experienced attorney can analyze police procedures to identify possible areas where the police obtained evidence in violation of the Constitution’s Fourth Amendment. If the police ignore federal or state search and seizure rules, any evidence obtained from the illegal search will be inadmissible. However, without an attorney to identify these points, the evidence may be offered against you without rebuttal. In addition, California’s marijuana laws are still somewhat in their infancy, so there are several points in which an attorney can make policy or statutory interpretation arguments in your favor.  more information

Sex crimes: Sex crimes are often a delicate topic, and like many other crimes, they can have direct effects on virtually all aspects of your life. Registering as a sex offender is a major part of these effects, but the laws in California require registration of offenders that are a danger to the community. An experienced and competent lawyer may argue that your situation is an isolated incident, or that mitigating factors warrant that you no longer need registration. Alternatively, if you have yet to go to trial, a good attorney can help negotiate plea bargains and reduced sentencing.  more information

Traffic tickets: Nearly all California drivers have experience with traffic tickets, and they can be costly and time-consuming depending on the charge. California has cracked down on specific tickets, especially cellphone and red light violations, which tend to be the most expensive. Attorneys who have experience with moving violations can help to prevent points on your record and increases in insurance.  more information

IF YOU OR A LOVED ONE HAS BEEN ARRESTED OR CHARGED WITH A CRIME IN SAN DIEGO, YOU NEED A DEDICATED, AGGRESSIVE SAN DIEGO CRIMINAL DEFENSE ATTORNEY ON YOUR SIDE.  CALL NOW FOR A FREE CONSULTATION.  619-550-4422