The Sixth Amendment to the US Constitution grants several important rights to the accused in criminal proceedings.  Among those rights: the right to a speedy trial, right to a trial by jury, to confront witnesses, to have the subpoena power of the court, and to have the assistance of counsel.  This has come to be understood to mean that the defendant has not only a right to retain the attorney of his/her choosing, but to have an attorney appointed by the court if he/she cannot afford to hire an attorney.  (See Gideon v. Wainwright, 372 US 335 (1963)).

THE RIGHT TO APPOINTED COUNSEL
The Sixth Amendment has long been understood to mean that the indigent accused in federal prosecutions have the right to appointed counsel.  This was later extended to state level prosecutions as well, where the charged offense can be punishable by jail time (does not include infractions).  There are some limitations to appointed counsel.  First, only those deemed indigent (financially unable to afford an attorney) are entitled to the services of the public defender or other appointed attorneys.  It is not uncommon for defendants to be charged a fee for their use of public defender services.  Additionally, there is very limited control over who the appointed attorney will be.  In other words, you cannot choose who will be your public defender.  Decisions about the allocation of time and other resources to your case will be made by a governmental agency with a very heavy caseload and limited funds.  There are great and lousy public defenders, just as there are great, and lousy private defense attorneys.  Hiring your own attorney just affords you the opportunity to make the choice for yourself.

WHEN DO I NEED A LAWYER?
Though appointed counsel is not available in infraction (traffic tickets, etc.) cases, and during the investigative and filing stages of a case, it can still be supremely beneficial for those who have been accused of a crime, arrested, but not yet charged or are under investigation to be represented by an attorney.  Your attorney can help assert your rights during an investigation, handle correspondence with the investigating detective, and present the good information that the police leave out to try to influence the prosecution's filing decision.  Sometimes, by having an attorney involved early in the case, it is possible to avoid a criminal charge in the first place.  This is another benefit to private representation.  A public defender will not be appointed until criminal charges have been filed and the defendant is being arraigned on those charges.  Dealing with law enforcement without an attorney present is almost always a bad idea.  Having an attorney present to represent your rights and interests will ensure that the police are not successful in any attempts to gather additional incriminating evidence.
More About Pre-Filing Representation

EFFECTIVE ASSISTANCE OF COUNSEL
The US Supreme Court has interpreted the 6th Amendment right to counsel to mean that a defendant in criminal proceedings is entitled not only to representation, but to effective representation.  Our San Diego Criminal Defense office keeps a lower volume of cases in order to be able to devote our complete attention to our clients.  Attorneys who are too busy may be more likely to make mistakes, harder to get a hold of, and may be less devoted to each individual client.  Providing effective assistance in a criminal case is a difficult task that requires dedication, experience and professionalism.  A great criminal defense attorney prepares thoroughly, through investigation, examining possible motion issues, identifying clients' objectives and devising the best possible defense strategy.  Some attorneys may simply read a police report to get an understanding of the facts of the case.  The problem is that police tend to focus on the evidence pointing towards guilt, ignoring or hiding anything pointing to the contrary.  A great criminal defense lawyer will visit a crime scene, look for witnesses, identify cameras, subpoena potential witnesses and lead an investigation to find favorable evidence to help your case.

If you or a loved one has been arrested, charged with a crime, or may be under the investigation for a crime, consult with a San Diego Criminal Defense Attorney about your case.  We can answer any questions you have about your case, explain the law, evaluate your defenses, and begin to devise a defense strategy.  Call now for a Free Consultation with a San Diego Criminal Lawyer.  619-550-4422

Some of the Practice Areas our office handles include: 
DUI, Drug Crimes, Theft Crimes, Domestic Violence, Marijuana, Financial Crimes, Auto Theft,Violent Crimes, Sex Crimes,Weapons, Unlicensed Driver, Probation Violations, Homicide, Prostitution, Drunk in Public.

El Cajon is a city East of Downtown Los Angeles, nearby La Mesa, San Carlos, Santee, Bostonia, Winter Gardens, and Spring Valley.  With a population of just over 100,000, El Cajon is the fifth largest city in San Diego County.  The MTS Trolley's green and orange lines serve El Cajon, connecting it to the Downtown San Diego, Mission Valley and more.  El Cajon is served by the 8, 125 and 94 Freeways.  Major thoroughfares include El Cajon Boulevard, Washington Avenue, Main Street and Broadway.

Crime is higher in El Cajon than the California average.  With higher poverty rates than many of its neighboring communities, and a reputation for drugs (namely methamphetamine), there are many criminal cases arising out of El Cajon.  Among the most common crimes are DUI, Drug Crimes, Domestic Violence, Theft Crimes, Sex Crimes, Prostitution/Solicitation, and more.  Though El Cajon has come along way since being dubbed the "Meth Capital" of the world in the late 80s, arrests and criminal prosecutions are still common.  The El Cajon Police Department provides law enforcement services within the city limits.  Criminal cases (both misdemeanor and felony) are prosecuted at the East County Courthouse in El Cajon, located at 250 E. Main Street. 

Being arrested and facing criminal charges is scary, stressful and can have disastrous consequences on your life and career.  In addition to the possibility of jail or prison time, a criminal conviction can carry high fines, restitution, cause deportation, loss of professional license and more.  When facing criminal charges, it is important to understand that our government punishes its citizens more frequently and more harshly than anywhere in the civilized world.  Our country has the world's highest incarceration rate, and it is due largely to the aggressive efforts of law enforcement, harsh prosecution, and judges who, by a wide margin, have a prosecution background.  It is imperative that you have dedicated, aggressive representation of your own to protect your rights and interests.  If you have been arrested, charged with a crime or may be under investigation for a crime in San Diego, El Cajon, La Mesa, Santee, Spring Valley or anywhere else in San Diego County, you need a lawyer.  Contact us now for a FREE Consultation with a San Diego Criminal Defense Attorney.  619-550-4422

SOME EXAMPLES OF EL CAJON CRIMINAL CASES:
1.  James is pulled over on his way home from a date.  At dinner, he had two glasses of wine, finishing his second glass just moments before getting in the car.  He did not feel impaired and felt safe to drive.  James is stopped at a checkpoint, where the officers smell alcohol on James' breath.  James is asked to step out of the car and perform a series of field sobriety tests.  At the conclusion of the tests, James is asked to blow into a handheld breathalyzer (known as a Preliminary Alcohol Screening, or "PAS" device).  The result is .09.  James is arrested for DUI and brought to the station, where he is given the choice between a blood test or a breath test.  James picks breath, and now blows a .10.  James hires a San Diego DUI lawyer to represent him.  Despite being offered a "wet reckless" at a pretrial conference, James takes his chances with a trial.  At trial, James' attorney relies on several defenses, namely the "Rising BAC" defense, arguing that James' BAC at the time of driving, could very well be, and probably was below the legal limit of .08.  Additionally, there was no evidence of bad driving since James was stopped at a checkpoint.

2.  George is pulled over for speeding by the California Highway Patrol.  Upon approaching the window, the officer can smell the odor of marijuana, and can see two plastic canisters that appear to be from a medical marijuana dispensary, and immediately asks George to step out of the vehicle and begins to search.  George has not consented to any search, is not on probation, and is a medical marijuana patient.  During the search, the officer finds a loaded firearm and an ounce of meth in George's car.  George is arrested and charged with possession of meth for sale (HS 11378), carrying a loaded firearm (PC 25850), and being armed with a firearm while possessing a controlled substance (HS 11370.1).  George hires a lawyer experienced in search and seizure issues.  His lawyer files a motion to suppress evidence (Penal Code 1538.5 Motion) to get the evidence thrown out.  The lawyer argues that the officer had no probable cause to search, and should have known that the marijuana in the car was possessed lawfully.  Further, the possession of marijuana, at worst would be an infraction, punishable only by a fine.  The judge agrees that the search was unjustified and throws out the evidence.  Case dismissed.

3.  Gabriela is employed as an exotic dancer.  She works at a club in El Cajon.  One night during her shift, an undercover officer comes in.  First, the officer orders a lap dance from Gabriela, and then another one.  Next, he decides to get a special dance in the VIP room.  In the VIP room, the officer asked Gabriela how much she charged for oral sex.  Gabriela replied "$10,000" in a joking manner.  The officer then offered her $1,000.  She agrees and is arrested for engaging in prostitution.  Gabriela hires an attorney to represent her.  Gabriela's lawyer reaches out to the prosecuting attorney, emphasizing Gabriela's lack of record, college transcript, and the unethical conduct of the vice officers, leading the prosecutors to agree not to file the case.

If you or a loved one has been arrested or charged with a crime in San Diego, El Cajon, Santee, La Mesa or anywhere else in San Diego County, contact us now for a Free Consultation with a San Diego Criminal Defense Attorney.  We can discuss the details of your case, including possible and probable consequences, available defenses, and get started on a defense strategy to protect your rights and liberty.  FREE CONSLTATIONS 619-550-4422

Vista, CA is a city in North County San Diego, nearby Oceanside, Carlsbad, San Marcos, Escondido and Encinitas.  Vista is located West of the 15 Freeway and East of the 5 Freeway, which are connected by the 78 Freeway, which cuts through Vista.  Vista has a population of approximately 95,000 people.  For more information about Vista as a city, visit their website.

Vista does not have its own police department.  Instead, the San Diego County Sheriff provides law enforcement services to Vista and the nearby unincorporated regions of North County San Diego, operating the Vista Patrol Station.  Sheriff's deputies and detectives make arrests and investigate crimes, then forward their reports to the San Diego County District Attorney's Office for filing.  The DA is aggressive in their prosecution of all criminal offenses, with a strong emphasis on DUI and Domestic Violence.  Drug crimes, weapon offenses, vandalism, theft crimes, violent crimes, unlicensed driver offenses and more are also common in Vista.  Criminal cases, both misdemeanor and felony, are heard at San Diego County Superior Court's North County Courthouse in Vista.

If you or a loved one has been arrested or charged with a crime in Vista, contact our office now for a Free Consultation with a passionate, aggressive, experienced VISTA CRIMINAL DEFENSE LAWYER.  During your free consultation, you will be able to ask questions about your case, your defenses, as well as discuss your particular concerns about the case.  If you retain our office, you will receive dedicated, experienced representation throughout this difficult time.  We can provide defense during the investigative stage, once charges have been filed and all the way through trial and sentencing.  FREE CONSULTATION  619-550-4422

SOME EXAMPLES OF VISTA CRIMINAL DEFENSE CASES INCLUDE:
1.  Jenny is celebrating her 21st birthday with some friends one night in Vista.  Her brother gave her a gram of cocaine for her birthday and she brings it with her out to bars with her friends.  Jenny did not drive, and has a friend who is the designated driver.  Around 12:30, Jenny and two friends go out to her car to do lines of cocaine.  A Sheriff's deputy observes Jenny, visibly intoxicated, walking up to the driver's seat of her car and starting the car to turn the music on.  The officer quickly approaches the vehicle and asks Jenny to step out of the car and perform field sobriety tests.  Jenny has trouble with the tests due to her impairment and choice in footwear.  She is then asked to blow into a breathalyzer and blows a .20.  She is placed under arrest for DUI.  Once at the station, Jenny is searched, and the officer finds the bag of cocaine in her pocket.  Jenny is charged with DUI, and a much more serious felony charge of bringing a controlled substance into a jail (PC 4573.5).  Jenny hires a San Diego Criminal Defense and DUI Attorney to assist with her case.  The lawyer files a motion challenging the search yielding the cocaine, on the grounds that the search incident to arrest was not incident to a lawful arrest because the officer did not witness any driving.  The judge agrees and throws out the evidence and the case is dismissed.

2.  Carlos works at an office in Vista.  After work on Fridays, he and his co-workers go to happy hour at a nearby bar.  He usually has two drinks and drives home, never questioning his ability to drive safely because he does not feel the effects of alcohol.  One Friday, Carlos is pulled over for speeding on his way home.  The officer smells alcohol on Carlos' breath and asks him to step out of the vehicle and perform a series of field sobriety tests.  Eric makes a few minor mistakes, but does pretty well on the test.  Next, Carlos agrees to perform the Preliminary Alcohol Screening (PAS) test (a voluntary test!), blowing a .09.  Carlos is arrested for DUI and transported to the Vista Station.  At the station, Carlos blows a .10.  He is charged with DUI, and hires an experienced lawyer to represent him in court.  The lawyer explains that Carlos' recent consumption of alcohol and rising test results suggest that Carlos' BAC was on the rise (i.e. he was still absorbing the alcohol he had consumed) and his BAC could very well have been below .08 at the time of driving.  The chemical tests suggesting that Carlos' BAC was .10 was not performed until over an hour after Carlos was pulled over.  The officer smelled alcohol because Carlos still had alcohol in his stomach that had not made its way into the blood stream.  By waiting to do the chemical tests, the officer ensured that Carlos' BAC would be measured when it is higher.  Carlos takes his case to a jury trial and his attorney is able to convince the jury that the government could not prove Carlos' BAC was above the legal limit at the time of driving.  They find him not guilty and he is acquitted of the charges.

3.  Seth and Julia have been married for two years and live together in an apartment in Vista.  Neither has ever been arrested or any trouble with the law.  One night they get into a heated argument and Julia throws a ceramic plate at the wall and it breaks, prompting a neighbor to call the police.  The police come out and separate Julia and Seth and question them apart.  While questioning Seth, the officer tells him that Julia said he threw the plate at her.  Angry, Seth says that she actually threw the plate at him.  The officers arrest Julia.  Seth bails Julia out of jail, and she hires an attorney.  The attorney writes a letter to a supervisor at the DA's office, asking that the case not be filed.  Attached to the letter are reference letters attesting to Julia's good character and a statement taken by the lawyer's private investigator from Seth, denying that Julia ever hit him or threw a plate at him.  The DA agrees not to file the case. 

4.  Eric, a college student, is at a house party having a good time, when an acquaintance named Gary accused him of hitting on his girlfriend.  Gary then pushed Eric in the chest two times.  Eric attempted to waive off the accusation and physical assault, but Gary would not let up, and continued to attack Eric, grabbing his shirt and continuing to shove him.  Eric then started punching Gary in the face, eventually knocking out two of Gary's teeth.  Although Gary was the initial aggressor, he contacts the police to report being punched by Eric.  Eric is arrested, and later charged with a violation of PC 245(a)(4) - assault by means likely to produce great bodily injury.  Eric has previously been arrested for DUI, but has no history of violent offenses.  Eric hires a San Diego Criminal Defense Attorney to represent him.  The case goes all the way to trial, where Eric's lawyer asserts a self defense, and persuades the jury that Eric was simply defending himself, and is therefor not guilty.  The jury agreed and found Eric not guilty of the charge.

Facing criminal charges, jail time and arrest can be scary, stressful and can have very serious consequences on your life (including immigration consequences, loss of driver's license, employment, professional licenses and more).  Contact us now for a Free Consultation with a passionate, aggressive, experienced San Diego County Criminal Defense Attorney in Vista, CA.  619-550-4422.  We can help you fight for the best possible outcome.

Counterfeit laws are broad and cover a wide range of conduct, much of it criminal.  Because there are several different statutes dealing with different types of counterfeiting/forgery, the severity of the punishments can vary greatly.  A simple misdemeanor for possession of counterfeit goods or pirated DVDs is punishable by as much as 6 months in jail, while counterfeiting US Currency is punishable by up to 20 years under Federal law.  In addition to jail time and probation, counterfeiting cases can carry very high fines and restitution to any victims of fraud or intellectual property owners. 

San Diego's close proximity to Tijuana and Los Angeles makes counterfeit goods and money quite common throughout America's Finest City.  The San Diego District Attorney's Office and San Diego City Attorney take counterfeiting cases very seriously and aggressively prosecute such cases in Superior Court.  Federal cases are even more serious.  If you or a loved one has been arrested or charged with a forgery or counterfeit offense, contact a lawyer now for a Free Consultation.  619-550-4422.

COUNTERFEIT CHECKS (FORGERY)
Making or altering a check to fraudulently obtain funds can be a very serious crime.  California Penal Code Section 470 makes it a crime to forge the signature on a check, change the information on a negotiable instrument (check, money order, bond, etc.).  If the value of the check or instrument is over $950, then the forgery will likely be charged as a felony.  Forgery not for monetary gain can still be charged as a felony.

COUNTERFEIT GOVERNMENT DOCUMENTS
Fake ID, whether for a minor hoping to gain access to alcohol, or for more serious purposes like obtaining government documents, false benefits, employment or housing can all be charged as forgery (PC 470).  When forged documents are presented at certain proceedings (such as in court, or to the DMV when applying for a license), the documents are submitted under penalty of perjury, meaning that a person may be charged with perjury, a felony (PC 118). 

COUNTERFEIT GOODS
Counterfeit watches, handbags, clothing items and other accessories are a popular industry in Southern California. 
Penal Code Section 350 prohibits willfully manufacturing, intentionally selling, or knowingly possessing for sale any counterfeit mark registered with the Secretary of State or registered on the Principal Register of the United States Patent and Trademark Office.  A first offense involving counterfeit goods valued up to $1000 is a misdemeanor, punishable by up to one year in county jail.  In cases involving a second or subsequent offense, or a value of goods in excess of $1000, manufacture, sale or possession for sale of counterfeit goods can be charged as a felony, punishable by up to 3 years.

PIRATED MOVIES AND MUSIC
Pirated (or "bootleg") CDs and DVDs are a very large industry.  It is likely that more music is "stolen" than actually purchased, and pirated movies are often a much cheaper alternative to trips to the cinema or purchasing a new DVD from a store.  Like counterfeit goods (discussed above), pirated media is punishable under PC 350, and is generally a misdemeanor for a first offense or for possession/sale of goods valued under $1000.  Repeat offenses, when there is a value exceeding $1000, possession, sale or manufacture of pirated movies or music could be charged as a felony, punishable by up to 3 years.

COUNTERFEIT MONEY
Making, printing, possessing, selling, using or possessing instruments to make (dyes, paper, plates, etc.) is very harshly punished under Federal law.  Counterfeit currency crimes will be covered by Title 18 of the United States Code, Chapter 25.  The California Penal Code governs the possession or manufacture of dies or plates for minting gold or silver coins, or manufacturing counterfeit gold bars, coins, nuggets or bullion.

DEFENSES
1.  Lack of Knowledge (DID NOT know goods were counterfeit)
2.  False Accusation (DID NOT actually possess/sell any counterfeit goods)
3.  Mistake of Fact (the items in question ARE NOT counterfeit goods)
4.  Mistaken Identity (SOMEONE ELSE possessed or sold the counterfeit goods)

If you or a loved one has been arrested or charged with a crime involving forgery, pirated media, counterfeit goods or counterfeit money, it is absolutely essential that you speak to an experienced, knowledgeable criminal defense attorney.  San Diego County is tough on crime, and the US Attorney's Office is even tougher (Federal Crimes).  When facing criminal charges, it is your right to be represented by a lawyer who is willing and able to fight for you.  Contact our office now for a FREE CONSULTATION.  619-550-4422

The Fourth Amendment to the US Constitution guarantees our right to be free from unreasonable searches.  While many might tend to focus more on the "unreasonable" part of that phrase, understanding exactly what conduct qualifies as a search is essential to understanding Fourth Amendment law and our rights to be free from unreasonable searches.  Sometimes, it is obvious that a search has taken place; police, while executing a search warrant, for example, who rummage through an entire house have certainly conducted a search.  On the other hand, if, for example, a suspect is shooting a gun at police, and the police recover the gun, it will not have been recovered as a result of a search.  It is the gray areas in between these extremes that can be the subject of important litigation.  If the police conduct a search, or even just a pat down, the government must be able to show that there was justification to do so.  Where no search occurred, Fourth Amendment protections are unlikely to apply.  For this reason, it is important to have an attorney who can show both (a) that a search actually took place, and (b) that the search was unreasonable (and therefore violates the Fourth Amendment).

PLAIN VIEW DOCTRINE
Items observed in plain view do not constitute a search.  The plain view, an exception to the warrant requirement, permits officers to seize items which they can observe out in the open and immediately recognize as contraband, so long as the officers are lawfully preset in the area where they are.  This doctrine most frequently applies to traffic stops that escalate to a search because the police observe a weapon or drugs in plain sight.  Police officers often use the fact that they see something loosely associated with crimes, but that also serve a legitimate purpose as a justification to conduct a further search.  Some examples include torch lighters, baseball bats, ammunition, etc.  These searches should be challenged in court.  Additionally, the courts have noted that police may not move items to expose more evidence to their "plain view" under this doctrine.

PAT-DOWN (TERRY STOP)
In 1967, the Supreme Court outlined a unique category of quasi-search, giving officers leeway to briefly detain someone and conduct a pat down for weapons without probable cause.  This new limitation on our rights has been at the center of many major Fourth Amendment discussions.  Police officers need only "reasonable suspicion" a standard lower than probably cause in order to engage a person in a stop and frisk.  This means that police do not need as much evidence in order to conduct a pat-down.  All traffic stops are an extension of the Terry stop "investigatory detention" analysis.  Reasonable suspicion is a low standard, but does not mean that an officer may stop someone on just a whim.  The officer must be able to point to specific factors that indicate criminal activity is afoot.  Only if the brief investigatory detention yields additional evidence (amounting to probable cause) may the officers search a suspect.  There courts have ruled many times regarding whether reasonable suspicion exists.  Flight from police in a high crime area does not rise to the level of probable cause for arrest or a full-blown search, but does give police reasonable suspicion to perform a Terry stop (Illinois v. Wardlow).  Further, a Terry stop cannot unduly delay a suspect; a 90 minute detention is too long and requires probable cause (United States v. Place).  A pat down is limited to a pat down of the outside of a suspect's clothing.  In the Terry case, officers observed a bulge that they believed to be a weapon.  A quick pat down confirmed that the bulge was in fact a gun.  In Minnesota v. Dickerson, the Court addressed a Terry stop that exceeded the permissible scope.  The suspect had a small quantity of crack cocaine in his jacket pocket.  A pat down of the outside of Dickerson's clothing could not have revealed to the officer that the small object was contraband.  The officer used his fingers to squeeze the object.  In order to justify manipulating the object in the pocket as he did, the officer would have needed probable cause, not just reasonable suspicion.

OUTSIDE SURVEILLANCE
The test for whether a search is reasonable or not is whether a person would have a reasonable expectation of privacy.  Walking around in the open, we have very little reasonable expectation of privacy, except maybe that of our pockets and secreted effects.  In a windowless private basement, a greater expectation of privacy would exist.  Again, there is a gray area.  Putting up a high fence, hedges, even a wall around your property does not give rise to a reasonable expectation of privacy.  In 1989, the US Supreme Court, in a case called Florida v. Riley, held that police could fly over a property and look down without violating the Fourth Amendment.  The court reasoned that the a private citizen could do the same, even though most people do not have planes or helicopters.  A decade later, the Court reached a very different result in a case called Kyllo v. United States.  In that case, the Court held that using infrared detectors to scan the outside of buildings, looking for marijuana grow operations was a search and required a warrant.  The court reasoned that because the technology police were using was not readily available to the public, there is a reasonable expectation of privacy.  This discrepancy in the law means that there is room for argument with this Fourth Amendment issue.  As emerging technology continues to allow officers new ways to invade our privacy, it is important to have a passionate, knowledgeable, intelligent attorney on your side, arguing for your Fourth Amendment rights.

ARE K-9 SNIFFS A SEARCH?
Sometimes.  The US Supreme Court has recently held that a K-9 sniff at the front door of a home is a search.  Still, a roadside sniff that does not unreasonably delay the driver is still permissible and does not require a warrant.  As marijuana laws become less and less restrictive, the practice of using police dogs to sniff out drugs will probably dwindle, because (1) marijuana is the most commonly possessed illegal drug at present, and (2) it has the strongest odor and is most likely to be correctly identified by the K-9.

PLANTING OF TRACKING DEVICES
Police may not place a tracking device on a suspect's car unless they obtain a warrant first.  There are still, however, lawful methods for police to use tracking devices.  In an important Fourth Amendment case, the US Supreme Court ruled that the DEA was permitted to put a tracking device before a sale to a drug dealer, with the consent of the initial seller.  Although the buyer had no idea the tracking device was in the barrel, it was there when they took possession of it.  (United Stats v. Karo).  The court found that there was no seizure, simply a (minor) trespass.

GARBAGE
Does going through your trash count as a search?  Not according to the US Supreme Court.  In a case called California v. Greenwood, the Court determined that property discarded with the trash is no longer subject to a reasonable expectation of privacy.  Though trash is placed out on the sidewalk to be picked up by the trash collectors, there are many instances of trash picking by non-police.

OTHER SEARCH AND SEIZURE TOPICS
STOP & FRISK SEARCHES OF PERSONS
CONSENT SEARCHES
HOW TO SUPPRESS EVIDENCE
SEARCHES OF VEHICLES & EFFECTS
WHEN DO POLICE NEED A WARRANT?
HOW TO REFUSE A SEARCH


If you or a loved one has been arrested or charged with a crime, contact us now for a Free Consultation with a San Diego Criminal Defense Attorney.  The Fourth Amendment is one of our greatest protections, but it is too frequently overlooked, minimized and eroded.  If you believe that your case may involve search and seizure issues, talk to your lawyer about a motion to suppress the evidence.  If police found evidence of a crime while violating your rights, they may not be able to use that evidence against you.

Downtown San Diego is a fun, vibrant place with many different communities within its borders.  Downtown San Diego includes the famed Gaslamp Quarter, Seaport Village, Horton Plaza, Columbia, The Core District, Little Italy, Cortez Hill, Marina and the East Village.  Within these diverse neighborhoods, there is night life, shopping, restaurants, tourist attractions, Petco Park, and more.  The 5, 163 and 94 freeways connect Downtown San Diego to other parts of the city and county of San Diego.  Downtown San Diego is served by various trolley lines to other regions of San Diego, as well as bus lines operated by the San Diego Metropolitan transit system, and the Coaster, a rail line serving the North County.

With a population of roughly 30,000, Downtown San Diego is not the most populated region in San Diego.  Still, it serves as the business and cultural center of a major US City, and is home to a thriving tourism industry, entertainment and sporting events.  This means that a lot of people pass through Downtown San Diego on a daily (and nightly basis).  Downtown San Diego is served by the San Diego Police Department, and crimes are prosecuted by the District Attorney's Office (Felonies) and City Attorney's Office (Misdemeanors).  Criminal matters are heard at the Central Courthouse, located at 220 West Broadway in Downtown San Diego.  The California Highway Patrol also maintains a presence on the freeways serving Downtown San Diego and surrounding areas, accounting for a large percentage of San Diego's DUI arrests.

Downtown San Diego sees just about every crime on the books in California.  From DUI, public intoxication and disturbing the peace charges, stemming from nights out in the Gaslamp, to crack sales in the East Village, to retail theft in Horton Plaza, there is a broad range of criminal offenses in Downtown San Diego.  Among the most common offenses are: DUI, Domestic Violence, Public Intoxication, Unlicensed Driver, Disturbing the Peace, Drug Crimes, Theft Crimes, Violent Crimes, Weapons Charges, and Prostitution/Solicitation.  If you or a loved one is facing criminal charges in San Diego, you can expect harsh prosecution with the potential for serious consequences.  Having an experienced, knowledgeable, passionate criminal defense attorney on your side is absolutely essential.

SOME EXAMPLES OF DOWNTOWN SAN DIEGO CRIMINAL CHARGES:
1.  Rick, a Pacific Beach resident works downtown in the banking industry.  After work, he and his co-workers and friends will frequently meet for happy hour and have a few drinks to unwind from the day.  One day rick leaves happy hour after having consumed three drinks, and gets in his car to drive home.  On his way home, he is stopped by the California Highway Patrol for speeding.  The officer smells alcohol on Rick's breath and asks him to step out of the vehicle.  Rick is asked a series of questions and then asked to perform a series of field sobriety tests.  After approximately 25 minutes, he is asked to blow into the PAS, a handheld breathalyzer used at the scene of DUI investigations.  Rick blows a .09 and is arrested.  At the station, Rick elects to provide a breath sample, and the breathalyzer result comes back at .11.  What happened is that Rick drank very close in time to his driving, and while driving, still had un-absorbed alcohol in his body.  This means that his BAC could very well have been lower at the time of driving than the legal limit, even though he tested above the legal limit later on.  Rick's San Diego DUI Lawyer presents the case to a jury, who find Rick not guilty.  Additionally, the attorney uses the argument at the DMV hearing to get Rick's administrative suspension set aside.

2.  Robert is waiting for the trolley in Downtown San Diego, when he is approached by two San Diego Police officers.  The officers claim that they observed Robert engage in a suspicious encounter with another individual and that the other individual was arrested for drug possession.  The police decide to search Robert and find several bags of marijuana and one bag of cocaine in Robert's pockets.  Robert is charged with possession of marijuana for sale (HS 11359) and possession of a controlled substance for sale (HS 11351).  He hires a San Diego Criminal Lawyer to help with his defense.  The lawyer files a motion to suppress the evidence on the grounds of an unlawful search.  On the day of the preliminary hearing, the government is unable to meet their burden to show that the search was lawful under the circumstances.  The bag of cocaine found on the suspected buyer did not match the bag of cocaine in Roberts pocket, calling into question the officer's claim to have observed a transaction.  The evidence is suppressed and Robert's case is thrown out.

3.  Gina is stopped by store security on her way out of a shop in Horton Plaza.  She is accused of taking $150 worth of merchandise.  Store security calls the police, who come and arrest Gina for shoplifting.  She is promptly released with a citation to appear in court on petty theft charges.  Gina is a first time offender and hires a San Diego Criminal Defense Attorney to represent her.  Before the court date, Gina's attorney is able to work out a deal with the City Attorney's office for a diversion program that will allow Gina to avoid a conviction.  She will not do any jail time or have to be on probation.  She must attend a one day anti-theft class and stay out of trouble for six months.  If she does that, the case will be dismissed.

We Represent Californians Charged With All of the Following Offenses:
DRUG CRIMES,DRIVING UNDER THE INFLUENCE,DUI WITH PRIOR, MARIJUANA / MEDICAL MARIJUANA, HOMICIDE, SEX CRIMES, FEDERAL CRIME, WHITE COLLAR CRIME, DRUG DUI, APPEALS, JUVENILE OFFENSES, PUBLIC INTOXICATION/UNDER THE INFLUENCE, ATTEMPTED MURDER, HIT & RUN, GANG OFFENSES,DOMESTIC VIOLENCE, THEFT CRIMES, CARJACKING / AUTO THEFT, PROSTITUTION / SOLICITATION, WEAPONS OFFENSES,VIOLENT CRIMES, FELONY DUI, WATSON MURDER, VANDALISM, UNLICENSED DRIVER, TRAFFIC TICKETS, EXPUNGEMENT, DISTURBING THE PEACE, PROBATION VIOLATIONS, DMV HEARINGS

If you or a loved one has been arrested, charged with a crime or may be under investigation for a crime in San Diego, contact us now for a Free Consultation with a San Diego Criminal Defense Attorney.  619-550-4422.

Criminal charges, even relatively minor ones, can have far-reaching negative consequences on your life.  In addition to court-imposed punishments like jail time, fines, probation and community service, a criminal conviction can affect eligibility for employment, school, professional licensing and immigration status.  A diversion program is a program that allows a defendant to avoid a criminal conviction through a completion of the program.  Diversion programs typically include some educational component, like drug treatment, anger management, prostitution awareness programming, theft victim impact education and much more. 

The idea behind a diversion program is that some offenders, particularly those with little to no criminal history will benefit more from an opportunity to avoid a conviction than from suffering a conviction and being sentenced to jail.  Effective negotiation and presentation of mitigating evidence (evidence of schooling, employment, community service, military service, character/reference letters, etc.) just could help you avoid a conviction in your criminal case.  Getting a diversion program is rarely easy in San Diego, but prosecutors and judges will give certain offenders a break when the case is property presented and the defendant deserves a chance to avoid a conviction.

FIRST TIME OFFENDERS
First time offenders are generally considered the best candidates for diversion programs.  Someone who has never been arrested or never convicted of a crime is less likely to re-offend than someone with a lengthy criminal history.  For this reason, judges and prosecutors are more likely to offer a diversion program to a first time offender.  Those with prior convictions may still be eligible for diversion, but it will be less likely.

INFORMAL VERSUS FORMAL DIVERSION
There are two general kinds of diversion available in criminal cases.  Informal, or "pre-filing" diversion provides an opportunity to avoid a criminal case ever being filed.  This means that there is no court record.  Formal diversion is entered in cases where there is a filing, and the defendant is given an opportunity to earn a dismissal by completing certain conditions and staying out of trouble for a set period of time (usually between 6 and 18 months). 

JUVENILE DIVERSION
Criminal law for juveniles is especially focused on rehabilitation, making diversion a perfect fit.  While most juvenile convictions can be sealed later on, avoiding the conviction in the first place is preferable, especially when it comes to applying for colleges, jobs and student loans during early adulthood.  If you or a loved one is facing a juvenile petition, it may be possible to avoid a conviction through a juvenile diversion program.  Consult with an experienced SD criminal defense lawyer to discuss this and other defenses.  More about Juvenile Criminal Defense

MILITARY DIVERSION
Both Veterans and active members of our Military provide the rest of society with security.  Unfortunately, this difficult task can be detrimental to the health and well-being of service-members, particularly those who have been engaged in combat.  PTSD, substance abuse, violent behavior, etc. are sometimes of consequence of the stress and dangers endured by these brave men and women.  Fortunately, the courts do recognize that no one in our society is more deserving of a second chance (diversion program) than our veterans and service members.  If you or a loved one is a veteran or active military member and is facing criminal charges in San Diego, it may be possible to avoid a conviction through the military court programs and to avoid negative consequences from within the military.  Contact an experienced San Diego Criminal Attorney now.

WHAT KINDS OF CHARGES ARE ELIGIBLE FOR DIVERSION?
Diversion programs are available in a wide variety of criminal charges, almost solely in misdemeanor cases since the passage of California Prop 47.  Minor offenses like public intoxication, disturbing the peace, minor in possession of alcohol, solicitation/prostitution, drug possession (PC 1000), simple assault, and petty theft.  DUI cases are almost never eligible for any form of diversion, absent extreme circumstances.  The severity of the charge is one major factor in determining suitability for diversion, but as discussed above, the criminal history of the suspect/defendant will probably be the most important deciding factor.

IMPORTANCE OF EARLY INVOLVEMENT
The sooner than an attorney is involved in the criminal defense process, the more likely it will be to achieve a diversion outcome.  An experienced criminal defense attorney can provide guidance for investigation, mitigation and properly present the case for diversion to the prosecuting attorney or judge to seek out diversion.

FEDERAL DIVERSION
In Federal cases, it is possible to enter into diversion through a process called a "proffer".  In essence, it involves assisting the US Attorney's Office, DEA, FBI, ATF or other federal agency with an investigation into other criminal acts.  This type of diversion is typically used only by the Federal government and available only in federal court.

If you or a loved one has been arrested or charged with a crime in San Diego, you need an experienced criminal defense attorney on your side.  To discuss your suitability for a diversion program, or to avoid a conviction in other ways, contact us now for a Free Consultation.  619-550-4422.

IF YOUR CASE HAS ALREADY RESULTED IN A CONVICTION, CONTACT US ABOUT EXPUNGEMENT POSSIBILITIES.

In most criminal prosecutions, the defendant does not have counsel at the pre-filing stage in a criminal case.  Many people facing arrest and criminal charges do not retain an attorney until charges have been filed and the case is set for an arraignment in court.  Additionally, the right to representation by appointed counsel (the public defender), does not begin until arraignment, when the public defender is appointed for those who cannot afford counsel.  Having an experienced criminal defense attorney on your side during the investigative and filing stages of a case can actually make the biggest impact on your case.  It is usually best to retain counsel as early in the process as possible, for a number of reasons.  Some of the benefits to early representation include:

THE GOVERNMENT'S INVESTIGATION
The police are trained to gather evidence pointing to guilt and can use a number of tactics to achieve that goal.  Police and/or the prosecuting attorney's office will investigate a crime, specifically working to gather evidence of the suspect's guilt and to strengthen a case.  This includes interrogation of suspects, seeking out and bringing in witnesses and reviewing physical evidence.  Having a defense attorney protect your rights during this stage is essential.  Not only can you invoke your right to remain silent and right to counsel, but being represented by an experienced criminal defense attorney will ensure that you do not provide the investigators with any incriminating information or anything that can help strengthen the case against you.  As soon as you retain counsel, the police can no longer subject you to interrogation, which makes it less likely that they will be able to prove their case.

THE DEFENSE INVESTIGATION
With the government's investigators conducting a biased investigation geared towards gathering evidence of guilt, it is important to gather evidence that the government might overlook.  This includes questioning defense-friendly witnesses, seeking out objective evidence to contradict the prosecution's theory and more.  Getting surveillance tapes, cell phone videos, cell phone call or text records and even getting witness statements while still fresh all require early intervention.  If there is evidence out there that can help your defense, it will be most easily preserved and gathered if you have an experienced criminal defense attorney on your side to lead the investigative efforts.

THE FILING DECISION
Perhaps the most important reason to have representation before a criminal case is filed is to attempt to persuade the prosecuting attorney NOT TO FILE your case.  If the case is not filed in the first place, there will be no case to defend in court.  It is essentially the best possible outcome in a criminal case not to have the matter ever filed in court.  The prosecution might be willing to do this in cases pointing to the would-be defendant's innocence, and cases where the client's character is deserving of a break or the benefit of the doubt.  Persuading the prosecuting agencies not to file charges is not an easy task, but is done frequently in our office.  It is important to make a persuasive case for diversion, a case rejection or an office hearing.  This requires not only knowing who to approach with such a request, but how to present the most compelling case to that specific person.  An experienced criminal defense attorney can make the prosecutor see you as a person who does not deserve the negative consequences that they might otherwise expose you to.

RESTITUTION AND CIVIL COMPROMISE
Another way that having representation can help you to avoid charges or other negative consequences is the possibility of getting a case dismissed or reducing the possible punishment by making restitution.  An attorney can assist with a repayment to possible victims without adding evidence of guilt.  Consult with an experienced San Diego Criminal Defense Attorney to discuss how restitution might affect your property crime case (theft, vandalism, hit and run, etc.).

CASE STRATEGY CONTINUITY
Developing and maintaining a defense strategy from early on in the process will help to yield better results.  With the ability to control things like negotiations, evidence-gathering, witness information and more, having an attorney involved early can help to fit the pieces together to provide the best defense possible.  Having to pick up the pieces later on in the stages of a criminal case might make it more difficult to establish the defenses.

Pre-filing Representation will be especially effective in:  Hit & Run Cases, Domestic Violence Cases, Theft Cases, Vandalism, cases with weak evidence, cases involving first time offenders and more.

If you or a loved one has been arrested or is presently under investigation, consider hiring an attorney at once.  Consult with an experienced lawyer and determine what steps, if any, need to take place to best protect your rights and your freedom.  Contact us now for a Free Consultation.  619-550-4422

An overwhelming percentage of cases do not go to trial.  Some cases will be dismissed at a preliminary hearing or by a defense motion.  Most cases end in a guilty plea in exchange for an agreed-upon disposition.  Winning at trial may have the best result, but there is substantial uncertainty.  Even innocent people have been convicted at trial, and often criminal defendants in San Diego are sentenced more harshly after being convicted at trial than the punishment that may have been received .  Taking your case to trial by jury is a right, and a very important one at that.  The most effective use of that right may just be to use the right to a trial as leverage in plea negotiations.

The prosecuting agencies in San Diego file tens of thousands of cases each year, and do not have the resources to prosecute all of them through the preliminary hearing, motions or at trial.  While it is often said that the public defender has too large of a case load, the fact is the prosecution has even more cases, serving as the prosecutor in every one of the public defender cases, plus all of the private attorney cases.  Private attorneys who maintain a small case load can prepare to take every case as far as needed to get the best possible outcome.  Sometimes the best outcome is achieved through a motion to dismiss or motion to suppress evidence.  Other times, there are strong trial defenses that make the defense a favorite to win at trial.  Nevertheless, most cases will result in a plea bargain, but it is important that the plea bargain be on YOUR terms.  Using all of the leverage and mitigating factors available, as well as reaching out to and meeting with supervisors at the DA's office are crucial steps to working out the best possible deal.  Sometimes the best deal can be achieved early on in the case, but frequently, getting a favorable disposition will require going all the way, arguing motions, doing the preliminary hearing and setting a case for trial.

Negotiation in criminal cases requires a diverse set of skills.  A great criminal defense attorney must be:

Organized.  Knowing who to contact, when, and actually doing so in time to make a difference in plea negotiations is very important.  Effectively presenting all of the various reasons the client deserves a break is absolutely imperative and requires good note-taking, memory and an established, proven process for getting the District Attorney, City Attorney and Judge on board with the defense's desired disposition.

Aggressive.  There is no room for a criminal lawyer to be timid or afraid of fighting for a client's rights or interests.  It is important to make bold requests and to be willing to fight a case as far as it can be.

Confident.  Being confident and projecting confidence are essential in plea negotiation.  If the DA senses that the trial will be an easy win for them, then the plea offers that they make will be worse.  When defense counsel projects confidence in his or her case, the DA will pick up on that as well and

Prepared.  Preparation is one of the hallmarks of great criminal defense representation.  It is important that a defense lawyer read and investigate everything available about the case, interview witnesses, prepare motions and know the case inside and out in order to provide the best possible representation.

Polite.  Being aggressive in the wrong situation can hurt.  While it is important to assert the client's rights and argue zealously for the position, treating the court and prosecution with the required decorum and respect are a necessary part of criminal defense and plea bargaining.

Intelligent.  Bottom line: you want the smartest person in the room to represent you.  Being able to know and understand the law and facts of your case better than the opponent is key.  Also knowing how to negotiate effectively and read people is vital to the criminal defense process.

If you or a loved one has been arrested or charged with a crime in San Diego, you can expect aggressive, harsh prosecution.  Whether you have strong defenses, were wrongfully accused or there is a very strong case against you, you need passionate, knowledgeable, dedicated and experienced representation.  Contact us now for a Free Consultation with a San Diego Criminal Defense Attorney.  619-550-4422

One of the most common ways that police are able to side-step the Fourth Amendment's guarantee that citizens will be free free of unreasonable intrusion into our private lives, is the obtain the "consent" of a person that they intend to search.  Consent is a word with two very different applications and two very different definitions in criminal law.  On the one hand, consent of a victim in sex crimes or kidnapping cases requires that the consent truly be voluntary.  Unfortunately, our criminal justice system is not so strict with its definition of consent given to law enforcement for a search.  Police regularly lie and threaten citizens in order to obtain coerced consent to search.  Officers are trained to use scare tactics, false information, going as far as threatening suspects with having their children taken away.  As such, it is absolutely vital that citizens know, understand, assert and protect their rights.

Don't fall for the lies.  If a police officer tells you that he/she will get a warrant, get a dog or get a statement from another witness, let them go and do so.  The officer is likely looking for an easy way out, hoping to get consent to search or a confession of a crime.  If citizens learned not to cooperate with the investigation against you, the police would be much less successful at making arrests, and making arrests that lead to successful prosecution.  If a police officer has engaged you in a police encounter, you may be free to leave.  Ask.

Decline to be searched.  Make it very clear to any officers involved that you do not give them consent to search your person, your belongings, your car or your home.  This involves both announcing that to the officers, as well as resisting their attempts to coerce your cooperation and "consent".  Police do not always ask for permission to search, and take the liberty of doing so.  While you certainly should not physically restrain the officer in any way, it is important to make your lack of consent known. 

Film the police.  This is controversial.  Many believe that filming police officers only inflames them, and this might be true for some officers.  Still, this newly widely available technology is our number one way to protect our safety and our rights from police.  Film preserves evidence, including evidence of your lack of consent to be searched.  Without objective evidence, an argument that your Fourth Amendment rights were violated may have to rely on the officer's account of what happened (note: the officer who violated your rights will lie about it). 

Knowing and asserting your rights during a police encounter can mean the difference between being arrested and going home, being charged or not, or being convicted or acquitted.  The founders and framers of our nation placed a tremendous importance on our right to be free from unreasonable searches.  They would be truly devastated by the state of law enforcement in the US today. 

OTHER SEARCH AND SEIZURE TOPICS
STOP & FRISK SEARCHES OF PERSONS
CONSENT SEARCHES
HOW TO SUPPRESS EVIDENCE
SEARCHES OF VEHICLES & EFFECTS
WHEN DO POLICE NEED A WARRANT?
WHAT CONSTITUTES A SEARCH?

If you or a loved one has been arrested or charged with a crime in San Diego, you will need skilled, passionate, experienced representation on your side.  Contact our office now for a Free Consultation with a San Diego Criminal Defense Attorney.  619-550-4422