Facing federal criminal charges is ominous.  The Federal sentencing guidelines are very harsh and conviction rates are extremely high.  While state courts are often overburdened and local prosecutors cannot take even a small portion of their case load to trial, Federal court is a different story.  Assistant US Attorneys (AUSAs) are the federal prosecutors, and they keep a small, hand-picked caseload.  Federal crimes can range from simple matters like DUI on federal land, all the way up to serious organized crime operations involving murder, drugs, racketeering and more.  The US Attorneys office chooses which cases to make a priority and branch offices will typically focus on specific types of offenses.  Fraud (and other white collar crime), bank robbery, child pornography, human trafficking, weapons trafficking/smuggling and drug trafficking/smuggling make up a large percentage of federal criminal charges.  Federal prosecutors also like to file charges in cases that are easy to prove and keep conviction rates high (to further their careers, and to scare other defendants with daunting numbers).  These offenses often include felon in possession of a firearm and illegal re-entry (and other immigration offenses).

Due to the vast resources allocated to federal prosecutions, the small caseloads of federal prosecutors and the extremely harsh penalties for conviction, very few federal cases make their way to trial.  Federal prosecutors typically offer a "fast track" plea option that permits for a downward variance in sentencing.  Federal defense attorneys can also argue in a sentencing memorandum that there are factors which permit the defendant to be sentenced below the sentence recommended by the sentencing guidelines.  The federal sentencing guidelines provide such harsh punishments in an effort to "climb up the ladder" and get defendants to become informants against co-conspirators and bigger players in a criminal enterprise.  This tactic has been successful in bringing down major organized crime organizations.  Defendants who incriminate others (often going undercover to make buys from higher up drug or weapons dealers, or wear a wire to get someone to admit to fraud or money laundering) get reduced sentences for their cooperation.  If you or a loved one is facing federal criminal charges, know that the stakes could not be higher.  Having an experienced, knowledgeable and passionate criminal defense attorney is absolutely essential.

SAN DIEGO FEDERAL DRUG CRIME DEFENSE ATTORNEY
Federal drug crimes typically involve large amounts of drugs, smuggling across the border or transportation across state lines.  The biggest difference between facing state and federal criminal charges is the possible sentence.  Depending on the defendant's record, a federal drug crime could send a defendant away for 20+ years, while the same offense might only garner 2-3 years in state court.  The DEA and FBI agents who investigate federal offenses conduct very professional, thorough investigations and are very careful not to make the mistakes that might be more likely at the local level.  Moreover, the prosecutors will often have very impressive qualifications and work under more favorable conditions.  A federal drug crime charge is extremely serious.  If you or a loved one has been arrested for a federal drug crime in San Diego, contact us now for a free consultation.

SAN DIEGO IMMIGRATION AND BORDER CRIMES DEFENSE LAWYER
Illegal entry, illegal re-entry, evading immigration proceedings, immigration fraud, smuggling aliens and smuggling contraband are all extremely serious offenses and are prosecuted very harshly.  Passing through the US-Mexico border, it is evident that security is tight and our government devotes significant resources towards controlling borders.  Nonetheless, people, drugs, guns, counterfeit items, and prescription medications make their way across that seemingly secured border on a daily basis.  Being in the country illegally subjects many illegal aliens to removal or deportation proceedings, but also to federal crimes.  Those who have already been deported and re-enter the country illegally face especially tough sentences, often serving significant time in federal prison prior to another deportation.

SAN DIEGO FEDERAL WHITE COLLAR CRIME LAWYER
Fraud, money laundering, anti-trust violations, embezzlement, tax evasion, bribery and more are serious crimes, and are frequently filed in federal court.  White collar criminal defendants face harsher penalties than ever before, often facing harsher penalties than drug and weapon dealers. 

SAN DIEGO FEDERAL SEX CRIMES ATTORNEY
Child pornography and human trafficking are crimes that are uniquely serious and are frequently targeted by federal law enforcement agencies and prosecutors.  With great funding and ample time to pursue these offenses, the federal system makes it very hard to get off easy when it comes to sex offenses.  If you or a loved one has been arrested or charged with a federal sex crime, you need a passionate, aggressive and experienced attorney on your side.

SAN DIEGO FEDERAL WEAPON OFFENSES LAWYER
The most common federal weapons offense is felon in possession of a firearm.  Federal law imposes a lifetime firearm ban on convicted felons.  When a convicted felon is found in possession of a firearm, federal prosecutors do not need much to prove the case.  A certified copy of the defendant's record and the officer's testimony that the defendant possessed a firearm are sufficient.

Federal crimes are serious and carry very severe consequences.  If you or a loved one is facing federal criminal charges in San Diego, Los Angeles, or anywhere else in the western United States, you need a skilled attorney on your side.  Due to proximity to Tijuana, San Diego criminal defense and federal crime are closely connected.  Whether an immigration/border offense, drugs, weapons or white collar, it is important to have a detail-oriented, intelligent and knowledgeable attorney on your side fighting for your rights and liberty.  CALL NOW 619-550-4422

Dubbed "the World's oldest profession" prostitution is not the crime of the century.  To many, laws outright banning two consenting adults from entering into a contract of sex for money is none of the government's business.  Typically, no one could be seen as a "victim" and the offense does not harm others in the way that violent crimes and property crimes do.  Movies like Julia Roberts' Pretty Woman do not paint a negative picture of the act.  A conviction for prostitution or solicitation is embarrassing, scary and is punishable by jail time, probation and fines.  If you have been arrested or charged with prostitution, solicitation, pimping, escorting without a license or anything else relating to prostitution, you need a knowledgeable, aggressive attorney on your side to fight for you.

There is another side and viewpoint regarding prostitution.  Law enforcement takes prostitution and solicitation of prostitution seriously enough to set up undercover sting operations, and prosecutors are aggressive seeking punishment for the offense in court.  Prostitution is a major money-maker for San Diego's criminal street gangs, and human trafficking, kinapping, rape and abuse are often involved in the process in its current form.  Prostitution exists in many forms, from homeless drug addicts in the East Village to upscale call girls in the wealthier parts of the county.  Law enforcement targets prostitution at every level, often conducting street-level undercover busts, and also more sophisticated .  The internet (craigslist, backpage, eros, etc.) has moved much of the "advertising" for prostitution off of the street corner, but a danger to the prostitute and the "John" remains.  Often, "pimps" serve to provide protection, but have also been known to rob or extort "Johns" and be both physically and mentally abusive to prostitutes.  Though "legalization" may be the answer, those involved in prostitution in its current form are held accountable.  Still, there are defenses and your attorney may be able to help you avoid an embarrassing and/or serious conviction.

ESCORTING WITHOUT A PERMIT
When police attempt to execute a prostitution sting against an escort, but the escort outsmarts them, the police will often charge "escorting without a permit" under San Diego's Municipal Code.  Still a misdemeanor, an escorting without a permit charge is punishable by jail, probation and fines, and is certainly worth contesting. 

SOLICITATION OF PROSTITUTION
Pursuant to PC 647(b), to sustain a conviction for solicitation of prostitution, the government must prove three things:
1.  The defendant requested that another person perform sexual acts for money (or other compensation),
2.  The defendant actually intended to engage in sex acts (or for another person to do so), and
3.  That the request was actually heard/received (the request/offer need not be accepted)
The law is technical, and each element must be proven beyond a reasonable doubt.  There are many defenses to this offense, including: entrapment, lack of intent, misunderstanding, mistaken identity, and more.  For example, an undercover officer may go too far in attempting to seduce an otherwise innocent person, running afoul of the laws relating to entrapment.  Additionally, some requests are clearly made in jest (e.g.  "I'll give you one million dollars..." or "I'll give you five dollars..."  If you have been arrested or charged with solicitation of prostitution, you can fight the charge to try to keep the embarrassing conviction off of your record.

ENGAGING IN PROSTITUTION OR AGREEING TO DO SO
Under PC 647(b) it is a crime (misdemeanor) to willingly engaging in sex acts for money or other compensation (often drugs).  If not caught in the act, police can still arrest someone for agreeing to engage in prostituion if they can show that the Defendant:
1.  Agreed to engage in prostitution,
2.  Actually intended to engage in prostitution, and
2.  Took some affirmative step towards engaging in prostitution. 
The defenses are similar for solicitation and for agreeing to engage in prostitution, with the most common being entrapment and lack of intent (joking, for example).  Additionally, officers might not properly execute the sting and may make an arrest too early (before an affirmative act or strong showing of intent).  If you have been arrested or charged with engaging in prostitution or agreeing to engage in prostitution, contact the Law Offices of Nicholas Loncar for a free consultation.  We can go over the details of your case, including evaluating your defenses and planning your

LOITERING FOR THE PURPOSE OF PROSTITUTION
Still a misdemeanor, this offense allows police to make easy arrests when they suspect prostitution.  Additionally, this is one of the reasons that prostitution has significantly moved off of street corners and onto the internet.  PC 653.22 makes it a misdemeanor (punishable by a fine of up to $1000 and six months in jail) to loiter with the intent to commit prostitution.  The government will use facts like provocative attire, flagging down cars and other behavior to try to establish intent to engage in prostitution.  Because no affirmative act took place, this can be a difficult case for the government to prove, and you should definitely fight the charges.  Consult with a knowledgeable and experienced San Diego Criminal Defense Attorney now to discuss your options and the court process.

PIMPING
PC 266h defines pimping like so:
"any person who, knowing another person is a prostitute, lives or derives support or maintenance in whole or in part from the earnings or proceeds of the person's prostitution, or from money loaned or advanced to or charged against that person by any keeper or manager or inmate of a house or other place where prostitution is practiced or allowed, or who solicits or receives compensation for soliciting for the person, is guilty of pimping."
A very serious offense, pimping is a felony, punishable by up to 6 years in state prison.  Pimping a minor is punishable by up to 8 years.  There can be substantial proof problems for the government, and with such serious charges, it is important to have a skilled, knowledgeable lawyer on your side.  Your case needs to be carefully examined for weak spots in the evidence, credibility issues of witnesses and other defenses.

LEWD ACTS IN PUBLIC
Not limited to prostitution, Lewd Acts in Public, PC 647(a), is a misdemeanor that is often related to prostitution if sexual acts are performed in a public place.

Prostitution and related offenses are serious, embarrassing, but most of all CAN BE DEFEATED.  If you or a loved one is facing charges of prostitution, solicitation, pimping or any other sex crime in San Diego, contact a San Diego Defense Lawyer for a Free Consultation.  619-550-4422

          Marijuana laws have become less serious over time, but recently California has lagged behind some of its peer states with regards to reforming marijuana laws.  When I worked for the Alternate Public Defender in San Diego, one of my clients was granted probation after being arrested with over 300 pounds of marijuana.  This would be impossible in much of the country.  Since then, Proposition 64 has made almost all marijuana cases into misdemeanors, with the exception of sale to a minor, shipping marijuana in the mail, or attempting to transport marijuana out of state.  Still, marijuana is still against the law in California, and even a misdemeanor charge requires a thorough defense.  Possessing marijuana for personal use and even selling marijuana may be lawful under California's medical marijuana laws, but can still lead to serious charges in court.  Possessing, selling and/or growing marijuana (even medical marijuana) can lead to serious charges.  Having a doctor's recommendation and/or belonging to a collective or cooperative may give medical marijuana patients certain privileges, but it is important to note that law enforcement officers have very little respect for a doctor's medical marijuana recommendation and the will of the California voters and legislators.

MARIJUANA POSSESSION OFFENSES ATTORNEY
Possession of less than an ounce (28 grams) of marijuana (HS 11357(a)) by adults age 21 and older is no longer a crime in California, not even punishable by a money fine.  Possession of more than an ounce of marijuana (HS 11357(b)), or possession of more than 8 ounces of marijuana concentrate (HS 11357(c)) are misdemeanors.  Prior to the passage of California's Prop 47 in November 2014, possession of marijuana concentrate, in any amount, was a "wobbler" and could be charged as a misdemeanor or felony.  As a felony, it was punishable by up to three years in prison.  Since Prop 47 passed, ALL simple drug possession offenses in California are misdemeanors.  Even as misdemeanors, marijuana offenses can carry some jail time, probation and fines.  Even smaller quantities of marijuana or marijuana concentrate can give rise to possession for sales charges, if the packaging and other facts (presence of scales, bags, buyers, etc.) support the sales element of the charge.

MARIJUANA SALES LAWYER
Possession of marijuana for sales (HS 11359) is now a misdemeanor, whereas it used to be a felony.  Proposition 64, reducing marijuana sales and cultivation charges to misdemeanors, is retroactive, and can be applied to an old felony marijuana conviction.  If you or a loved one was previously convicted of a marijuana felony, it is very likely that the charge can now be reduced with a petition to the court.  We have helped many clients, especially marijuana felony clients, achieve this relief and no longer be labeled felons.  Sales to a minor can still be charged as a felony, as can transporting out of state or through the mail.  Even misdemeanor marijuana possession for sale or sales cases require a stout defense.  In most drug cases, a motion to suppress evidence is going to be very important.  Asserting your fourth amendment rights and getting evidence thrown out because those rights were violated is one of the many ways your lawyer can help you with these charges.  Your lawyer can also take your case to trial to dispute whether there was any intent to sell, and negotiate for a lesser charge that does not lead to a permanent felony conviction.

MARIJUANA CULTIVATION ATTORNEY
HS 11358 makes it a misdemeanor to grow marijuana.  There are also serious offenses relating to the manufacture of marijuana concentrates, especially when employing a butane process.  Marijuana cultivation is defensible, especially if there is a valid medical marijuana defense, or if the search leading to discovery of the grow operation lacked probable cause.  If you or a loved one is charged with a violation of Health and Safety Code 11358, cultivating marijuana, you need a passionate, aggressive and experienced San Diego Criminal Defense Lawyer.  Additionally, Marijuana Cultivation can draw the attention of Federal Authorities.

MEDICAL MARIJUANA DEFENSES
Medical marijuana patients and members of collectives and cooperatives can assert special defenses to marijuana laws in California.  Proposition 215 passed in California in 1996 and made it legal for medical marijuana patients and their designated caregivers to possess and even cultivate marijuana for personal use.  This law initially did shield many patients from prosecution for possession offenses, but made access more difficult for medical patients.  This led to the passage of SB 420, which permitted .  Now, California medical marijuana collectives and cooperatives can grow larger amounts than would be permissible individually, and this is why medical marijuana dispensaries may possess more than the typical amount.  Recent caselaw also permits defendants to assert a medical marijuana defense for possessing more marijuana than traditionally permissible, if heavy use patterns and bulk discounts can help to explain the large quantity possessed.  This can apply to possession misdemeanors, infractions or felony possession for sale.

NOTE ON FEDERAL MARIJUANA LAW:  Marijuana is still illegal under federal law, but has been a low priority for federal law enforcement.  Drug enforcement has focused more on methamphetamine and prescription pills.  Smuggling marijuana into the country or even across state lines can still be a serious federal offense.  Feds have typically targeted grows of more than 100 plants due to a 5 year minimum sentence in federal prison.  This has led many growers to cap production at 99 plants.

If you or a loved one has been arrested, charged with a crime, or may be under investigation for a crime in San Diego County, contact us now for a free consultation with a San Diego Drug Crimes Lawyer and Marijuana Attorney.  Our office has experience defending serious drug crimes and doing motions to suppress evidence, which are key in California drug cases.  Schedule your consultation today, and we can discuss your case in detail, evaluate defenses and get started on a plan to protect your rights and liberty.  619-550-4422

Sex crimes are aggressively prosecuted in San Diego.  Early intervention is extremely important.  The investigating detective will make efforts to build a case for guilt, and those charged with sex offenses should not give the government a head start in the battle likely to ensue.  A sex crimes lawyer can intervene by halting harmful communication between the detective and the client.  Additionally, by discussing the case with the detective, a lawyer can often keep the detective from getting enough evidence to justify a prosecution.  Next, an experienced sex crimes attorney will discuss the matter with the District Attorney's office and hope that charges are not filed.  In the event that charges are filed, the defenses and motion issues must be carefully evaluated.  Confronting witnesses at the preliminary hearing and trial requires skill, passion and a strong understanding of the law, psychology and rules of persuasion.  If you or a loved one has been arrested, charged or may be under investigation for a sex crime in San Diego County, Riverside County, Imperial County, Orange County or LA County, do not wait to get an attorney to fight for your rights and freedom.  You can be sure there are police and prosecutors already working hard to lock you up.

Another important aspect to note about sex crimes is the longer statute of limitations that may be involved.  Most misdemeanor offenses have a one year statute of limitations, and most felonies three years.  With certain sex offenses, however, especially those involving minors the statute of limitations may be longer. 

San Diego Indecent Exposure Lawyer
Showing privates in public is a crime in California, pursuant to PC 314.  A first offense is a misdemeanor, punishable by up to 6 months in county jail and a fine of up to 1000.  Subsequent offenses can be treated as a felony, punishable by up to three years in prison.  Indecent exposure is sometimes improperly charged when there is no one around and/or the act is not lewd and willful, as required for a conviction by the statute.  An additional consequence of a conviction under this section is the requirement to register as a sex offender.  Getting a charge reduction to public urination, disturbing the peace or trespassing is a way to possibly avoid this requirement.  It is a serious charge, and having an experienced San Diego Criminal Defense Attorney on your side is imperative. 

San Diego Lewd Acts in Public Lawyer
California PC 647(a) prohibits lewd acts in public.  Lewd acts can be charged against a single defendant or multiple who are engaged in the activity.  Lewd acts in public is a misdemeanor, but still a serious offense and worth fighting.  Frequently the charges can be reduced to trespass or disturbing the peace to keep your record clean of embarrassing sex-related charges.

San Diego Rape Attorney
Penal Code Section 261 is California's rape statute.  One of the most serious crimes in California, rape is prosecuted very aggressively.  Very few rape accusations fall into the typical "stranger rape" scenario that most people envision when they think of rape.  The harsh penalties for rape likely have that scenario in mind, but most rape cases involve a murky consent issue, often paired with drugs or alcohol.  Related serious sex offenses include: spousal rape (PC 262), Oral Copulation by Force (PC288a).  Rape can carry a sentence of up to eight years in prison.  Rape of a minor is punishable by up to 11 years, and rape of a child under 14 is punishable by up to 13 years in prison.  Rape is a very serious allegation, but there are defenses.  Sometimes, these allegations are false.  There are several motives for a false rape accusation.  A complaining witness cannot withdraw consent after the fact, if they consented to intercourse at the time.  Regretful consent is still consent.  If you or a loved one is facing rape charges or is under investigation in a rape allegation, contact an aggressive San Diego Criminal Defense Attorney now for a free consultation and to get started protecting your rights and your liberty.

San Diego Statutory Rape Lawyer
California's age of consent is 18.  While some other jurisdictions have close-in-age provisions that would permit a 19 and 17 year old, for example, to lawfully engage in sexual intercourse, California does not recognize the ability of a minor (anyone under 18) to consent to sex.  This means that even two minors are each guilty of statutory rape for engaging in seemingly consensual sex.  Statutory rape is a "wobbler" which means that it can be filed as a misdemeanor or as a felony.  The District Attorney's office will decide whether to file the case as a misdemeanor on the basis of several factors including the age difference, age of the victim, whether a position of power exists in the relationship (e.g. student-teacher), the defendant's criminal history and more.  This is certainly the kind of case where early intervention by an experienced sex crimes lawyer can help achieve a much better outcome, from avoiding a filing in the first place, to getting a misdemeanor instead of a felony if the evidence is too strong to win.  California also offers a reasonable mistake of age defense.  In many jurisdictions the statutory rape laws are strict liability, but Californians charged with statutory rape may assert a defense if they thought the "victim" was under 18 and it was reasonable for them to think that.  This is not a bright line standard, and is a difficult defense to win.

San Diego Sexual Batter Attorney
Sexual battery (PC 243.4) occurs when someone touches the intimate parts of someones body for the purpose of arousal, gratification or abuse.  Sexual Battery is a "wobbler" and can be charged as a misdemeanor or felony.  A conviction of felony sexual battery can carry a prison term of up to four years.  Confronting the accuser's story and effectively cross-examining the police officer can help to show inconsistencies in the government's case, exposing false accusations and raising doubt as to the guilt of the defendant.

San Diego Lewd Acts with a Child Attorney
Society's most condemned crimes involve children and sexual abuse.  Pursuant to PC 288, it is unlawful to engage in lewd or lascivious acts with a minor, often referred to as child molestation.  Lewd and lascivious acts are defined as sexual or indecent acts that are offensive in any way.  Those charged with lewd acts with a child face either 8 years (no force or fear) or 10 years (when force or fear are alleged) in California State Prison.  If the minor in question was 14 or 15, the crime may be treated as a "wobbler" meaning that it can be filed as a misdemeanor or a felony.  PC 288.5 imposes very harsh penalties for continuous sexual abuse of a minor, punishable by up to 16 years in prison.  With such serious charges, and the very aggressive prosecution of child sex crimes, having a skilled San Diego Criminal Defense Attorney on your side is absolutely imperative.

San Diego Child Pornography Lawyer
Possession of child pornography (PC 311) is a very serious offense, and one that is harshly prosecuted by both the state and federal prosecuting agencies in Southern California.  Possession of child pornography cases have many defenses, including: (1) the material belongs to someone else, (2) the material is not child pornography (for scientific purpose, actually an adult who looks like a child, (3) the defendant accidentally came to possess the child pornography (i.e. by accident).  Additionally, a lawyer can try to suppress evidence found as the result of an unlawful search, and argue entrapment by police in cases involving undercover police sting operations.  Possession of child pornography is a "wobber" (can be filed as a misdemeanor or felony) and is punishable by up to 6 years in prison, and lifetime sex offender registry.

San Diego Sending Harmful Matter to a Minor Lawyer
PC 288.2 makes it a crime to send "harmful matter" to a minor for the purpose of arousing oneself or the minor, and with the intent of seducing the recipient-minor.  PC 288.2 is a "wobbler" and may be filed as a misdemeanor or felony.  As a felony, it carries up to 3 years in prison and sex offender registration requirements.

San Diego Prostitution and Pimping Lawyer
PC 647(b) makes it a misdemeanor to engage in prostitution or to solicit prostitution from another person.  Pimping, pursuant to PC 266h is a very serious offense, and is a felony punishable by up to 6 years in prison.  Pimping a minor can carry up to 8 years.  Prostitution and pimping offenses have many defenses, including entrapment, lack of intent, mistake of fact and much, much more.  Consult with a lawyer to discuss your particular case in detail and figure out your best defenses and case strategy.  More information about California's Prostitution and Pimping Laws.

San Diego Sex Offender Registry Attorney
Penal Code 290 requires certain sex offenders to register as sex offenders, notify neighbors of their conviction and keep their address on file.  Failure to register is a crime in and of itself.  Ending sex offender registry is possible through a certificate of rehabilitation.  If you are required to register as a sex offender, consult with a San Diego Criminal Defense Lawyer to see if you may qualify for ending your registration requirement.

If you or a loved one has been charged with a sex crime in San Diego, it is important that you understand the severity of the charge.  There are defenses and you need a passionate, aggressive criminal defense lawyer to fight for your rights and your liberty.  Your case needs to be carefully assessed and attacked from early on in the process.  Call Now for a Free Consultation with a San Diego Criminal Defense Attorney.  619-550-4422

Crimes involving violence against others have the most serious consequences in California criminal law.  Even the most minor violent act can lead to a violent conviction with serious consequences.  In addition to time in jail or prison, long terms of probation, fines, costly victim restitution and other criminal court consequences, crimes of violence has serious collateral consequences.  Violent crimes have especially harsh immigration consequences, can affect employment opportunities and professional licensing, and can affect gun rights.  

In San Diego, the police and prosecutors are very aggressive in their prosecution of violent crimes, from domestic violence and bar fights up to robbery, rape and homicide.  Moreover, many violent crimes are "strike" offenses under California's "Three Strikes" law and can qualify for greatly enhanced punishments.  If you or a loved one has been charged with a violent crime in San Diego County, you need a passionate, aggressive and experienced criminal defense attorney.

Violent crimes often rely on civilian eyewitness testimony, either from the alleged "victim" or bystanders who happen to see an act of violence.  Violent crimes are less commonly committed in an officer's presence, so cross examination of civilian witness, calling into question the validity of an eye-witness identification and a witness' or victim's credibility are very important to your defense in violent crimes cases.  

Additionally, it today's technological world, cameras are everywhere.  Not only do most people have video camera capabilities on their cell phones, but every convenience store, gas station, ATM, fast food restaurant, bar, liquor store and laundromat will have surveillance cameras that may have captured exculpatory evidence.  It is imperative that you hire an attorney who understands the importance of preserving important evidence and will go above and beyond to investigate the events that led to your arrest and criminal charges.  This way, when it comes time to confront the witnesses against you at a preliminary hearing or at trial, there are no surprises and your San Diego criminal defense attorney can get the mist helpful testimony out of the witnesses on the stand.

SAN DIEGO ASSAULT AND AGGRAVATED ASSAULT LAWYER
Assault is an often misunderstood area of the law.  In California, Assault does not require any physical contact or injury.  Pursuant to PC 240, acting in a way likely to produce injury to another, while also having the present ability to cause the injury is a misdemeanor, subject to up to 6 months in a county jail.  When a deadly weapon or extreme force (force likely to cause great bodily injury) are involved, then aggravated assault is charged.  "Aggravated assault" is a "wobbler" and may be charged as either a felony or a misdemeanor.  As a felony, it carries up to three years in California State Prison.  There can be enhancements if a serious injury results or if a firearm was used.  There are many defenses to assault, including self-defense/defense of others, mistaken identity, false accusations, lack of intent and lack of present ability.  If you have been arrested and/or charged with assault in San Diego, contact our office for a Free Consultation to discuss the facts of your case and what defenses might apply.


SAN DIEGO BATTERY ATTORNEY
Under California law, battery is the willful use of force or violence upon another.  PC 242 makes it a misdemeanor to punch, slap, push, shove, trip, kick or otherwise hit another person.  If the use of force or violence is extreme or causes serious injury, "aggravated battery" (PC 243(d)) will be charged.  Aggravated battery is a "wobbler" and can be charged as either a misdemeanor or felony, with maximum penalties of up to 4 years in state prison and a possible "strike".  Defenses include: lack of intent, self-defense/defense of others, and that the injuries caused were not serious enough to justify an aggravated battery charge or enhancement.

SAN DIEGO CRIMINAL THREATS ATTORNEY
Penal Code section 422 makes it a crime to threaten violence against another person.  PC 422 is a "wobbler" and can be filed as a misdemeanor or felony.  As a felony, PC 422 is a strike.  Even as a misdemeanor, PC 422 can carry a lifetime weapons ban.  Not all threats qualify as criminal threats under the statute.  The threat must be direct, unequivocal, unconditional and place the victim in actual and reasonable fear for their safety.  Threats that are not intended to be taken seriously or threats that are not immediate and direct may not qualify as criminal threats under the California law.  If you or a loved one has been arrested for in San Diego for criminal threats, contact the Law Offices of Nicholas Loncar for a free consultation with a San Diego Criminal Defense Attorney.

SAN DIEGO KIDNAPPING AND FALSE IMPRISONMENT LAWYER
Pursuant to PC 236 it is a crime to wrongfully detain, restrain or confine another without his or her consent.  False imprisonment is a "wobbler" meaning it can be charged as a misdemeanor, or a felony (if there is violence, a threat or the use of fraud/deceit).  Kidnapping, PC 207, occurs when someone moves another person a substantial distance against their will, by the use of force or fear.  Kidnapping is aggravated if: the victim is under 14, the defendant asks for ransom, the victim suffers a serious injury or the kidnapping takes place during a carjacking.  Aggravated kidnapping carries a life sentence.  If you or a loved one has been charged with kidnapping or false imprisonment, it is imperative that you have a skilled San Diego Criminal Defense Attorney on your side.  These are very serious charges, and prosecutors aggressively seek very harsh penalties in court.

SAN DIEGO ATTEMPTED MURDER ATTORNEY
Attempted murder is a very serious charge and is often charged when there was no intention to kill.  Technically, intending to kill another person, and even preparing to do so is not enough to sustain a conviction for attempted murder.  For example, purchasing a weapon, and even driving to someone's home is not enough; putting poison in someone's drink, however, is enough.  First degree attempted murder is punishable by life with the possibility of parole.  Second degree attempted murder is punishable by 5, 7 or 9 years in prison.  As with murder, the difference between first and second degree attempted murder is whether there was premeditation.

SAN DIEGO MURDER LAWYER
Murder is discussed in greater depth in our homicide law page.  PC 187 makes it unlawful to kill another human being with malice aforethought.  First Degree murder is typically charged for intentional killings, killings by use of bombs and other destructive weapons or killings that occur (even unintentionally) during the intentional commission of a felony (felony murder rule).  Second Degree murder is also willful, but not premeditated.  First degree murder can be punishable by death if there are any aggravating circumstances present, including but not limited to: murder of multiple victims, hate crimes, murder of a police officer, judge, firefighter, witness, juror or elected official.  First degree murder is subject to punishment of 25 years to life in prison.  Second degree murder is punishable by 15 years to life.

Click here for more information about California Homicide Law.  Robbery is explained in our California Theft Crimes Lawyer page, and Rape is explained in our San Diego Sex Crimes Attorney page.  Domestic violence cases are unique and are addressed separately on our San Diego Domestic Violence Lawyer page.  Weapon enhancements and offenses are discussed on our San Diego Weapons and Firearms Attorney page.

If you or a loved one has been arrested and charged with a violent crime in San Diego County, you need a skilled, knowledgeable and dedicated San Diego Criminal Defense Attorney on your side to fight for you.  Contact a criminal defense lawyer now for a free consultation.  We can discuss the details of your case, evaluate your defenses and get started on a plan to fight the charges against you and get you the best possible outcome in your San Diego criminal case.  619-550-4422


San Diego Criminal Defense Attorney
www.iDefendSanDiego.com
619-550-4422

Being arrested and charged with driving under the influence (DUI) can carry serious consequences.  For drivers with a qualifying prior conviction, or with multiple prior convictions for DUI, the penalties are greatly enhanced and prosecution for repeat DUIs is very aggressive.  In addition to mandatory jail time, harsher fines, longer terms of probation and a longer license suspension, a second or third DUI conviction may involve a probation violation and/or driving on a suspended license charge.  DUI with three qualifying priors may be charged as a felony, even if there is no injury.  If you or a loved one has been charged with DUI and has previously suffered a conviction for DUI or "Wet Reckless" you need a passionate, aggressive and experienced DUI lawyer.  There are many defenses in DUI cases, including Rising BAC, inaccurate testing, medical conditions, mouth alcohol, discrediting field sobriety tests and more.  With the stakes even higher due to the prior conviction, you need an attorney who understands the science and the law, and who has the legal skills necessary to present your defenses and fight for you.  CALL NOW now for a Free Consultation with a San Diego DUI Lawyer.  619-550-4422

WHAT IS A QUALIFYING PRIOR?
Generally, there is a 10 year loopback period on prior DUI convictions.  That is, a prior DUI conviction will be prior able for a period of 10 years after the date of arrest.  DUI priors outside of that period do not officially count as a DUI prior, but may still affect sentencing.  All California convictions for DUI or "Wet Reckless (VC 23103, per VC 23103.5) will qualify as prior DUIs for charging and sentencing purposes on a new DUI offense.  Additionally, most out of state convictions for DUI will also qualify as DUI priors in your California DUI with a prior case.  Prosecutors rarely miss a DUI prior, but your attorney may be able to disqualify a prior conviction to decrease the possible penalties you face.

SECOND TIME DUI ATTORNEY
A DUI defendant with one qualifying prior faces a statutory minimum of 90 days in county jail, fines in excess of $2000, four to five years of probation, mandatory installation of an ignition interlock device, longer DUI education classes, and two separate one year California driver's license suspension.  In addition to facing harsher punishments in court and a longer suspension with the DMV, a second DUI offense will likely have serious consequences for professional licenses, including nursing, contractor, real estate, law, medical and more.  The possible suspension after a second DUI is up to two years.  Moreover, restoring your driving privilege may require an 18 month DUI education class.  Unlike a first DUI conviction, getting a restricted license after a second DUI conviction requires at least three months of a no driving, or "hard" suspension.  If you or a loved one has been charged with a second DUI in San Diego, our office can help.  If you can avoid a DUI conviction (whether at trial, with a motion to suppress evidence, a Serna motion, or a reduction to "wet reckless") you will not face the harsh penalties associated with a second DUI conviction.  Call our office to see how we can help you keep your license and stay out of jail.

THIRD DUI LAWYER
A DUI with two prior convictions is treated very seriously.  Still a misdemeanor, a third DUI conviction within 10 years comes with very harsh consequences, including a statutory minimum 120 days in county jail, a two year driver's license suspension, five years of probation, mandatory installation of an ignition interlock device and participation in an 18 or 30 month alcohol education class.  Additionally, there is a full one year hard suspension period, where a driver cannot even get a restricted license.  A third DUI within 10 years signifies to the court, the prosecution and the DMV that the defendant has a serious alcohol problem, and has not responded to prior punishments and education.  As such, third DUI is aggressively prosecuted and the prosecution will tend to seek the highest punishments they can get.  It is extremely important that you have an attorney who understands the science and law behind your defenses, and can be a powerful negotiator on your behalf.  

FELONY DUI ATTORNEY
A Fourth DUI conviction within 10 year will likely be treated as a felony in San Diego County.  Unlike misdemeanor DUI, felony DUI carries time in California State Prison.  The sentencing range on a Fourth DUI is from 16 months to three years in California State Prison.  The license suspension for a fourth DUI is 4 years.  DUI may be charged as a felony even without a prior if there is serious injury or death.  Additionally, drivers with a prior felony DUI (DUI causing injury, fourth within 10 years, or DUI manslaughter) are subject to a felony charge for any future DUI offense.  The legislature figures that if someone's first DUI leads to serious injury or death, any future DUI is worthy of greater punishment because the driver knows first-hand how dangerous drunk driving can be.  Those charged with felony DUI really need the most intensive criminal defense, that takes into account every possible angle of defending the charge.  From motions to suppress evidence and motions to exclude prior convictions, to thorough preparation for trial and a strong grasp of the science and law behind DUI testing and impairment.  For cases involving accidents, having an attorney with experience in accident reconstruction is a huge plus.  Our firm has handled serious felony DUI and DUI homicide cases.  If you are charged with a felony DUI, you need an attorney who will fight your case from every angle and work hard to get you the best possible outcome, whether it is a dismissal, trial win or negotiation to a more favorable outcome.  Call a San Diego Criminal Defense Attorney now for a free consultation.  619-550-4422

REHABILITATION AND OTHER ALTERNATIVES TO JAIL
Since repeat DUIs often carry mandatory jail time, there might be alternatives to serving the time in County Jail.  Consult with a San Diego DUI Lawyer who can help you navigate your way to serving any jail time in rehab, electronic monitoring, private jail or a work program instead of county jail.  Getting this outcome is not automatic and requires an understanding of the process as well as strong negotiation on your behalf to get the judge and prosecutor on board.

EXAMPLE OF A REPEAT DUI SUCCESS STORY:
Jared is 35 year old contractor who lives in Mission Valley.  Several years ago, Jared was arrested for DUI in New Jersey while visiting family over the holidays.  He went to court in New Jersey and plead guilty.  He was ordered to pay a fine and attend an alcohol education class, but was not sentenced to jail time.  Jared also recently suffered a work-related back injury and has been prescribed Percocet, a prescription painkiller.


One day on his way home from work, Jared is involved in a motor vehicle accident.  He and another driver were both moving into the same lane when they collided.  San Diego Police arrived on the scene and noticed that Jared had poor balance.  The officers asked Jared if he was on any medication and he told them what he was given by his doctor.  The officer asked Jared to perform a series of field sobriety testing his balance and concentration.  The officer determined that Jared was under the influence of a drug and arrested him for a violation of 23152(e), driving under the influence of drugs.  Due to the out of state prior, his DUI case is being charged as a second DUI in San Diego County Superior Court's Central Courthouse in Downtown San Diego.  Jared faces mandatory jail time, a one year license suspension and mandatory installation of an ignition interlock device.  He hires a San Diego Criminal Defense Attorney to assist with his defense.

Jared's lawyer first examines the law in New Jersey, and finds that first DUI is not a criminal offense in New Jersey as it is in California.  It is treated as a serious traffic ticket there, and defendants are not entitled to a jury trial or representation by appointed counsel.  Accordingly, due to the lack of due process with the prior case, the conviction cannot be used against Jared.  Next, Jared's attorney examines the police report, requests video footage from the arresting officer's agency and starts to poke holes in the evidence against his client.  In court, Jared is offered a plea deal for wet reckless, no jail time and no license suspension.  Now he can choose to take that option or to fight his case at trial.

If you or a loved one has been arrested for DUI in San Diego, Ocean Beach, Pacific Beach, Point Loma, Mission Beach, Mission Bay, Mission Valley, El Cajon, Chula Vista, Imperial Beach, Vista, Oceanside or anywhere else in San Diego County, Orange County, Riverside County, Imperial County or Los Angeles County, contact the Law Offices of Nicholas Loncar now for a Free Consultation.  We can go through your case in detail, evaluating the strength of the case against you, your defenses and the possible and probable outcomes in your DUI case.

COMMON DUI DEFENSES:
RISING B.A.C.
MEDICAL CONDITIONS
MOUTH ALCOHOL
PROBABLE CAUSE FOR STOP
TESTING ACCURACY
PROPER TESTING PROCEDURE
DRIVING PATTERN
FIELD SOBRIETY TESTS

by Nicholas M. Loncar, Esq.

San Diego Criminal Defense Attorney
www.iDefendSanDiego.com
619-550-4422

Taking the property of another person with the intent to permanently deprive the rightful owner is theft.  Theft crimes vary greatly, depending on the value of the property stolen, whether violence was or would be expected to be involved, who the victim is and many other factors.  Some theft crimes, like petty theft/shoplifting are on the low end of the spectrum of crimes.  On the other hand, robbery, carjacking and residential burglary are felony strike offenses in California and carry long possible prison sentences.  If you or a loved one has been charged with a theft offense, however serious, it is important to have an experienced, knowledgeable and passionate lawyer on your side.  Being arrested and facing criminal charges is stressful, scary and can carry serious consequences.  

Because theft is considered a crime involving moral turpitude, it can carry especially harsh consequences for employment, professional licensing, and immigration procedures.  You will want to do everything you can to avoid a conviction and keep your record clean.  If you've previously been convicted, there may be steps you can take to clean up your record, but the best way to keep your record clean is to fight your case the right way from the beginning.

Many theft offenses are eligible for diversion programs, whereby a defendant can avoid a criminal conviction.  Additionally, in misdemeanor cases, your lawyer may be able to negotiate what is called a "civil compromise" whereby you can pay the victim to make them whole and they'll agree to have the criminal case dismissed.  This is often the best possible outcome for defendants in theft cases.  Moreover, the recent passage of Prop 47 has made many theft offenses that were previously treated as felonies, now misdemeanors for most offenders.  If you are currently facing felony theft charges, or were previously convicted of a felony theft valued under $950, you may be eligible for reduction to a misdemeanor.  If you have any questions about Prop 47 and how it might apply to your specific theft case, contact a San Diego Criminal Defense Lawyer now for a free consultation.  619-550-4422

SAN DIEGO PETTY THEFT AND SHOPLIFTING LAWYER
Prop 47 created a new Penal Code section for shoplifting.  PC 459.5 makes it a misdemeanor to go into a store a steal up to $950 during business hours.  Previously, many shoplifting cases were charged as felonies, even with small values.  PC 459.5 is a response by voters, making punishment fit the crime.  Defendant's with particularly heinous prior convictions may still be charged with felonies, but most defendants in theft cases benefit greatly from the change in the law.  Still, a conviction under PC 459.5, PC 484, or PC 488, petty theft, an have negative consequences.  Discuss this case with your lawyer and explore eligibility for different types of diversion to not only avoid jail time, but also avoid suffering a criminal conviction.

SAN DIEGO GRAND THEFT LAWYER
Theft of property valued above $950 is grand theft in California, pursuant to PC 487.  Grand theft is a "wobbler" meaning it can be charged as a misdemeanor or felony.  If charged as a felony, the potential consequences, including up to three years in prison, are much more serious.  Just because a case is charged as a felony, does not mean that your lawyer will not be able to negotiate the charge down, or later have the charge reduced pursuant to a 17B motion.  Grand theft is a serious charge, and it is smart to have an experienced, skilled attorney on your side.

SAN DIEGO RECEIVING STOLEN PROPERTY ATTORNEY
Like grand theft, receiving stolen property, PC 496 is a "wobbler" and can be charged as a felony.  Prop 47 makes most PC 496 cases where the value of the property is below $950.  Receiving stolen property can be easier for the prosecution to prove than theft, when someone is not caught in the act.  PC 496 makes it a crime to buy, sell, conceal or withhold any knowingly stolen property.  Your defense likely rests upon whether the property is in fact stolen and/or whether it was reasonable for you to know that the property would have been stolen.  Factors include: source, purchase price, secrecy and more.

SAN DIEGO BURGLARY LAWYER
PC 459 is California's burglary statute.  Entering a structure with the intent to commit a felony or any theft in that structure constitute a burglary.  The intent must be proven to exist at the time of entry, a common defense to burglary charges.  First degree (residential) burglary is a strike offense under California's "Three Strikes" Law.  Second degree (commercial) burglary is a "wobbler" and covers theft from vendors either (a) of property valued above $950, or (b) during non-business hours.  Breaking into a store at night, for example would be second degree burglary because no one lives in the property, but would likely still be charged as a felony.  Prior to Prop 47 passing in November 2014, many shoplifters were charged with burglary, because the facts supported a finding that the person entered the store with the intent to steal (burglary tools, no money, etc.)

SAN DIEGO ROBBERY ATTORNEY
Robbery (PC 211) is a very serious crime, always a felony, and a strike in California.  Theft by force is treated most harshly because of the risk of violence to innocent people.  When weapons, especially firearms, are involved or if someone is injured during the commission of the crime, there are enhancements that greatly increase a robbery defendant's exposure to California State Prison time.  Often, the force element is satisfied by relatively minimal conduct that does not seem to justify the harsh consequences.  For example, an Estes robbery may be charged if a shoplifter resists store security, trying to get away.  If you or a loved one is facing robbery charges, know that the consequences could be severe, including long terms in prison.  A better outcome is possible.  You need an attorney who understands when to use a police line up, when to file motions and how to cross examine witnesses at the preliminary hearing and trial.  Speak to a San Diego Criminal Defense Attorney now.

SAN DIEGO EMBEZZLEMENT ATTORNEY
Embezzlement, PC 503, is a different kind of theft.  Most thefts concern the unlawful taking of possession of the property of another.  In embezzlement cases, the embezzler is lawfully in possession of the property, but attempts to unlawfully convert the property into their own.  A common example involves an employee who is entrusted to possess his or her employer's property, but is meant to return it and does not.  Embezzlement of property valued below $950 is a misdemeanor.  If the property is worth more than $950, it is a "wobbler" and could be filed as a misdemeanor or felony.

Having a full understanding of the charges against you, the possible pleas, defenses and likely outcomes is imperative to making the right decision regarding your criminal case.  If you are facing theft charges in San Diego, contact our office for a Free Consultation with a San Diego Criminal Defense Attorney.  619-550-4422


San Diego Criminal Defense Attorney
www.iDefendSanDiego.com
619-550-4422

Domestic violence cases are unique in many ways, and the police, prosecutors, judges and defense attorneys handling a domestic violence case must be aware of what makes DV cases different.  For one, the case is often made on the word of one witness.  Additionally, it is very common for that witness to change their story, at least once prior to testifying.  Paired with the motives for false accusations (upper hand in custody or divorce proceedings, vengeance, immigration benefits to being a victim of violence, etc.), the often lack of objective evidence makes domestic violence cases difficult.  

For a long time, domestic violence matters were rarely, if ever, prosecuted.  Only cases of extreme abuse would lead to arrest and criminal charges in court.  The landscape is much different today.  Police receive special training in deceptive tactics to get couples to turn on each other and give them the evidence they need to make an arrest.  Despite the unreliability of these investigations, they are almost always filed by the prosecuting agency.  Additionally, they are often assigned to special prosecution units that focus only on domestic violence cases.

It is also important to note that domestic violence cases can also carry very serious consequences.  Not only does the criminal case lead to punishment in the form of jail time, high fines, a year long domestic violence class, and a long term of probation, but there are collateral consequences as well.  A domestic violence accusation can tear apart a family or marriage, lead to deportation or removal proceedings, lead to a protective order, lead to loss of gun rights and more.  If you or a loved one has been arrested and accused with domestic violence, you need an experiences, knowledgeable San Diego Criminal Defense Lawyer on your side to fight for you.

Police and prosecutors often employe deceptive tactics to achieve a conviction where no crime occurred.  This begins with the 911 operator, who will attempt to get the caller to say as much as possible, hoping that something may be used as evidence against the defendant.  The police use several tricks, most commonly separating the couple and then lying to each that the other person accused them.  Some people see through the police lie, but others are angry and then make false statements incriminating their partner.  This is enough for arrest, and then the prosecution will usually find those statements sufficient to file charges.  The next trick the government uses is lying to victims about their role in the proceedings.  Victims do not need to "press charges" in California DV cases.  The charging decision is entirely up to the prosecuting agency.  They still may need the "victim" to testify, however, to secure a conviction.  What the prosecutors are supposed to do is personally serve witnesses with a subpoena to appear to testify.  Instead, they mail subpoenas (invalid service) and try to get people to come to court "voluntarily". 

The most frequent domestic violence charges in San Diego include: Injury to a spouse or cohabitant (PC 273.5), spousal battery (PC 243(e)(1)), criminal threats (PC 422), assault with force likely to produce great bodily injury (PC 245) and more.  Being arrested for domestic violence is very serious, and the process is scary and stressful.  Luckily, you have a right to representation, and should select a passionate, aggressive, results-oriented San Diego Criminal Defense Attorney with a strong track record of success to defend you in this important case.

EXAMPLE OF A DOMESTIC VIOLENCE ACCUSATION:
Steve and Angela live in San Diego, and have been married for two years.  Steve works at a restaurant in Pacific Beach, and Angela is a graduate student at UCSD in La Jolla.  They have a generally happy marriage, but, like all couples would occasionally argue about money, future plans, and other things that happen to come up.  One evening, they started to argue about a text message on Steve's phone.  Angela through a plate at Steve, hitting him in the head and causing a small cut on the right side of his forehead.

Angry, Steve called 911 and told the 911 operator that Angela had thrown a plate at him.  SDPD officers arrive quickly and knock on the door.  Steve, still bleeding, is no longer upset with Angela and tells the officer that nothing happened.  The officers ask Steve to open the door, and he lets them inside the apartment.  The police again question both of them about what happened, noticing the cut on Steve's head.  Steve says that he does not wish to press charges and did not want the police involved.  

Despite Steve's desire not to have Angela arrested or prosecuted, she is placed under arrest for a violation of California's Domestic Violence laws, specifically, she was charged with violating PC 273.5 (felony), and held on $50,000 bail.  Steve bails Angela out of jail that night, and they hire a San Diego Criminal Defense Attorney in the morning.  The attorney advises Angela of her rights, the charges, what the prosecution will be looking to do in her case, and the different ways that they can proceed to best protect her from the charges.  

Angela's lawyer gets in touch with the investigating detective, urging that the matter be referred to the City Attorney as a misdemeanor, and not to the DA as a felony.  The detective agrees and the City Attorney gets the case and starts to make its filing decision.  At this stage, depending on the strength of evidence, it is possible that the City Attorney will agree not to file the matter at all, and hold an office hearing.  They might also file misdemeanor charges.  Due to Angela's lack of criminal history, and persuasive argument from her attorney, the City Attorney agrees not to file the matter.  Angela not only avoids a conviction or jail time, but does not have to even go to court.

If you or a loved one has been arrested for domestic violence or is facing domestic violence charges in court, contact us now for a free consultation with a San Diego Criminal Defense Attorney.  619-550-4422


by Nicholas M. Loncar, Esq.

San Diego Criminal Defense Attorney
www.iDefendSanDiego.com
619-550-4422

The failed war on drugs continues.  Law enforcement in San Diego, and across the nation continue to try to marginally disrupt the illegal drug trade, instead adding the violence and danger of drugs.  Drug policies have become more sensible in recent years, but Californians can still be arrested and face serious criminal charges for possessing, using, buying or selling illegal narcotics.  In San Diego, the proximity to the Mexican border means that drugs of all kinds are plentiful and the jails are full of drug offenders.  Methamphetamine, cocaine, crack cocaine, marijuana, prescription medications (Xanax, Valium, Vicodin, Percocet and more), heroin, LSD, MDMA (Molly/Ecstasy), GHB, PCP and other drugs are common in San Diego.  San Diego's nightlife, tourism and large number of college students keeps demand for drugs high.

Until recently, California law made possession of most drugs a felony, even for personal use.  In 2014, California voters passed Prop 47, a new law that made all simple drug possession (and several minor theft offenses) misdemeanors.  Drug sales offenses are still felonies, but simple possession for personal use is now a misdemeanor, regardless of the drug.  Drug sales cases are still felonies (except for marijuana), and ever since the law against possession became less strict, prosecutors have sought to charge possession for sale even without evidence of sales when someone is caught possessing drugs.

DRUG POSSESSION CRIMES IN SAN DIEGO
HS 11350 - Possession of a controlled substance is the charge for possession of many illegal drugs, including cocaine, heroin, prescription painkillers (Oxycontin, Vicoding, etc.) and more.  Formerly a straight felony, Prop 47 significantly changed the effects of a possession of controlled substance arrest, charge and certainly conviction.  Possession of a controlled substance is punishable by up to 1 year in the county jail, but can no longer land most drug offenders in prison without an element of sales or serious violent felonies on the criminal record.  Defendants with certain prior convictions may still face a prison term for a drug possession conviction, but most will qualify for a misdemeanor. 

HS 11377 - Possession of a controlled substance, HS 11377 covers possession of drugs like methamphetamine, PCP, MDMA, etc.  Also now a misdemeanor due to Prop 47 (formerly a "wobbler"), possession of methamphetamine is punishable by up to one year, absent indicia of sales or a serious criminal history.

HS 11357(a) - Possession of concentrated cannabis is also now a misdemeanor for most offenders, pursuant to Prop 47.  Formerly a wobbler, possession of concentrated cannabis is now strictly a misdemeanor for most.  HS 11357(b) possession of less than an ounce of marijuana is an infraction, punishable only by a fine.  HS 11357(c), possession of more than an ounce, without a medical doctor's recommendation is a misdemeanor.  For a more detailed explanation of marijuana and medical marijuana laws, visit our San Diego Marijuana Lawyer page.

SAN DIEGO DRUG SALES LAWYER
HS 11351 and HS 11378 - Possession of a Controlled Substance for Sale is a felony in California.HS 11351 makes it a felony to possess illegal drugs with the intention to sell (cocaine, heroin, prescription medications, and more).  HS 11378 addresses possession for sale of methamphetamine, MDMA, PCP and other manufactured drugs.  The law does not require that an alleged drug dealer be caught in the act of selling any illegal drugs.  Many factors may help a prosecutor establish the necessary facts to charge, and even convict someone of drug sales.  Quantity, packaging, scales, bags, vials, processing equipment and more can go to establish sales.  User paraphernalia such as pipes or needles can help to counter drug sales cases.  All drug sales charges are straight felonies, and cannot be reduced to misdemeanors or eligible for diversion, without a plea negotiation to a lesser offense.  In San Diego, the District Attorney's Office often will charge defendants with possession for sale simply because of a larger amount being possessed, although actually for personal use.  These cases can be difficult to win, and if you have been overcharged with possession for sale, you need a good lawyer on your side.

Pursuant to HS 11352 (cocaine, heroin, prescription drugs), and HS 11379 (methamphetamine, PCP, MDMA) it is a felony in California to sell (or even give away) illegal drugs.  There are serious consequences to being caught selling drugs or transporting a quantity that indicates the drugs are possessed to be sold or furnished to others.  These determinations are fact-specific and leave room for your attorney to argue on your behalf, for a better outcome in your case.

HS 11359 imposes harsh punishments for sale of marijuana.  Someone charged with marijuana sales could get up to 7 years in prison (if sold to a minor under 15), but many people charged with marijuana possession for sale do not end up doing any prison time, instead serving county jail or probation sentences.  You do have defenses in drug sales cases, including entrapment, Fourth or Fifth Amendment violations, medical marijuana, lack of intent to sell, officer mistakes, and more.  In some cases, it may be possible to negotiate down to a lesser charge, like possession of marijuana concentrate, which can later be reduced to a misdemeanor, helping to avoid a permanent felony conviction.

SAN DIEGO NARCOTICS MANUFACTURE AND CULTIVATION LAWYER
HS 11379.6 provides the harshest punishments of all for California drug crimes and may apply to anything from pressing kief into hash up to operating a sophisticated meth lab.  These charges are clearly very serious, but you may have defenses that can help you avoid prison and may be able to prevail on a motion to get the evidence thrown out.

Growing marijuana, even for personal use, is a felony pursuant to HS 11358.  If cultivation is for personal use, it may be eligible for Deferred Entry of Judgment (a delayed dismissal of your case).  Marijuana cultivation cases often involve Fourth Amendment search and seizure issues or medical marijuana defense issues.

MOTION TO SUPPRESS EVIDENCE IN SAN DIEGO DRUG CASES
Due to the relative ease of proving drug crimes, defending a drug possession or possession for sales case frequently leans heavily on what is called a motion to suppress evidence.  Pursuant to Penal Code 1538.5, a defendant may move to suppress illegally obtained evidence.  If the police violated a defendant's Fourth or Fifth Amendment rights to obtain evidence, it can be thrown out in court, leaving the government to prove their allegations without any evidence.

DRUG DIVERSION PROGRAMS
California offers a few programs to let drug users charged with drug crimes avoid jail time in favor of drug treatment.  The most common of these programs are PC 1000 (Deferred Entry of Judgement, or "DEJ") and Prop 36.  PC 1000 is available only to first time drug offenders who have not previously taken advantage of a drug diversion program.  In addition to avoiding jail time, defendants who are eligible for PC 1000, will avoid a criminal conviction.  Prop 36 is available to more people and helps those charged with simple drug offenses to avoid custody, and instead do outpatient drug treatment.  Prop 36 does not, however, help defendants avoid a criminal conviction.  Informal diversion may also be an option, which could help a defendant avoid a conviction and may have better terms and consequences than even PC 1000.  Although drug sales, cultivation and manufacture offenses are not eligible for diversion, it may be possible to negotiate for different, eligible, charges and a dismissal of the original, ineligible, sales charges.

PROP 47 ELIGIBILITY IN DRUG CASES
Most drug possession cases, except possession for sale or transportation for sale, are eligible to be a misdemeanor per Prop 47.  The reductions do not apply, however, to defendants with prior convictions requiring PC 290 Registration (Sex Offenders) or serious and violent felony convictions enumerated in PC 667(e)(2)(C)(iv) (homicide, sexually violent offenses, solicitation to commit murder, possessing a weapon of mass destruction and other extremely serious crimes.  Most people, even with strike priors are Prop 47 eligible.  Only the most serious prior convictions will disqualify a defendant from the misdemeanor reductions pursuant to Prop 47.

If you or a loved one is facing drug charges in San Diego, you need a skilled, knowledgeable and experienced San Diego Criminal Defense Attorney on your side.  You want a lawyer who has a strong grasp of constitutional rights and the strong cross-examination and argument skills necessary to get the evidence against you thrown out, explain a misunderstanding and/or negotiate to get you the best possible plea deal.  It may be necessary to assert your innocence at a preliminary hearing or even trial, and you want an attorney who can persuasively assert your position and knows what will and will not work to get you the best possible outcome in your case.  Being arrested and facing criminal charges is scary and stressful, but we can help.  Call Now for a free consultation with a San Diego Criminal Defense Lawyer.  619-550-4422

by Nicholas M. Loncar, Esq.

San Diego Criminal Defense Attorney
San Diego DUI Lawyer
www.iDefendSanDiego.com
619-550-4422

Being arrested and charged with DUI is a scary process, but also one that many people in San Diego find themselves in.  Drinking even small amounts of alcohol before driving can lead to arrest and other serious consequences.  With a strong emphasis on DUI enforcement, the San Diego Police Department and the California Highway Patrol conduct DUI Checkpoints, Saturation Points as well as other targeted DUI enforcement procedures to target drivers who have been drinking alcohol.  California law is tough on DUIs, with no diversion programs and very few breaks along the way for those arrested for and charged with driving under the influence.

Those arrested for DUI in California are typically charged with two separate misdemeanor offenses.  As is true in every state, California has a legal limit of .08% BAC.  This means that driving while having a BAC of .08 is illegal, regardless of impairment.  You could perform perfectly on field sobriety tests and demonstrate complete alertness and ability to operate a motor vehicle, and still be guilty of DUI under Vehicle Code Section 23152(b).  To make matters worse for drivers, being below the legal limit is not enough!  Vehicle Code Section 23152(a) makes it a crime to drive while impaired by alcohol.  Since the government can get a DUI conviction by proving either that the driver was above the legal limit or that the driver was impaired, DUI defense can be quite complex, requiring a strong grasp of constitutional law, science, persuasive trial tactics and strong negotiation skills.  If you are facing DUI charges in California, you need a skilled San Diego Criminal Defense Attorney to fight for you, asserting your important constitutional rights and the correct defenses in your case.

If facing two criminal charges in court is not onerous enough, drivers arrested for DUI are also typically subject to an administrative suspension of their driving privilege by the California DMV.  Generally, when a driver is arrested for DUI and the arresting officer believes that the driver's BAC is above .08, or if the driver refuses chemical testing.  It is important to note that California drivers have only 10 days from the date of a DUI arrest to schedule a DMV hearing to stop an automatic suspension.  Your attorney can fight the suspension at a DMV Administrative Per Se (APS) hearing and work to have your administrative suspension set aside, and allow you to continue to drive pending that hearing.  In addition, a conviction of either DUI charge

Fighting a DUI case and working to keep you on the road and out of jail is a complex process and every case is different.  Our office has experience with each and every step of the process and can easily identify the best means to fight your case and help you get a great outcome.  We have helped Californians charged with driving under the influence of alcohol, driving under the influence of drugs, DUI causing injury, felony DUI and DUI Manslaughter.  You need a skilled, knowledgeable and aggressive San Diego DUI lawyer to closely examine the evidence against you and find and exploit the weaknesses in the government's case.  Call Now for a Free Consultation with a San Diego DUI Defense Attorney.  619-550-4422

DUI enforcement is a higher priority for law enforcement than ever before.  Penalties are harsher, and enforcement and prosecution are more aggressive.  If you are convicted of DUI, you face a fine of nearly $2000, possible jail time, a license suspension, a long term of probation, mandatory DUI classes and more for a first time conviction.  A second or subsequent conviction comes along with mandatory jail time, even higher fines, longer license suspensions and longer alcohol education classes.  If you or a loved one is facing DUI charges in San Diego, you need a passionate, aggressive and experienced San Diego Criminal Defense Attorney on your side to fight for you.

Sequence of a DUI Arrest
The government has the burden of proving that a driver charged with DUI was (1) under the influence of alcohol,  (2) under the influence of a drug, or (3) above the legal limit of .08 at the time of driving.  Before the driver even realizes they are being stopped, the police officer is already gathering evidence to build a case for DUI.  Officers observe the driving pattern, hoping to spot drivers weaving on both sides of the lane, or maybe even touching or crossing over a line.  This gives the officer the first piece of evidence that the government can use to say that the driver was under the influence of drugs or alcohol.  Upon initial contact at the driver's window, the officer is looking for signs of alcohol or drug consumption and impairment, including the odor of alcohol, glassy or bloodshot eyes, the odor of marijuana, drugs or alcohol in plain sight, slurred speech, and more.  These initial observations help the officer determine whether to conduct a full DUI investigation.  If the officer has smelled the odor of an alcoholic beverage, observed bad driving or has even the slightest reason to believe the driver is impaired, they will begin a DUI investigation.

At this time, the officer would ask the driver to step out of the vehicle.  The officer is already observing the driver's balance and agility.  The officer will then request that the driver perform a series of field sobriety tests ("FSTs").  FSTs are VOLUNTARY, and you may REFUSE to comply with these traps.  After the FSTs to blow in a handheld breathalyzer called a "Preliminary Alcohol Screening" ("PAS") device.  You should (and may) refuse this voluntary test as well.  At this point, an officer must have enough evidence to have probable cause that you are guilty of DUI.  Without field sobriety tests and without a PAS test, it can be difficult for the government to prove that the officer had probable cause to arrest.  If there was not probable cause at the time of arrest, even if a later-performed chemical test yields a reading above the legal limit, the case in court can be thrown out and the DMV suspension can be set aside. 

If arrested for DUI, a driver will be given the option to provide either a breath or blood sample.  A blood test is generally more accurate than a breath test, but often takes longer to perform.  One benefit of a blood test is that a sample is retained, and can be re-tested by the defense.  If the government fails to properly preserve a blood sample, then that failure by the crime lab can be used to call into question the validity of the test performed by the same technicians in the same lab.  If there are multiple chemical tests (possibly including a PAS test or both breath and blood), the pattern between the different results may give rise to a Rising BAC defense.  That is, the government must prove that your BAC was above .08 at the time of driving.  A .10 two hours after driving might very well mean that you were at a BAC of .05 while driving.  This would not be against the law. 

Whether guilty or innocent, you have a strong interest in fighting the charges against you and avoiding the negative consequences associated with a DUI conviction.  Your San Diego DUI Lawyer can analyze your case, point out flaws in the government's evidence and take the right steps to get the best possible outcome in your case.  Being arrested for DUI, and even charged with DUI in court does not have to mean a conviction.  The evidence the government plans to use against you may have been obtained in violation of your rights or may not be reliable enough to secure a conviction.  You need an attorney who can explain the science behind your defenses, fight for your constitutional rights and aggressively negotiate with the prosecuting attorney.

Call Now for a free consultation with a San Diego Criminal Defense Attorney and DUI Lawyer.  619-550-4422.  We can discuss the details of your case, your defenses & case strategy, and get started fighting for you.


San Diego Criminal Defense Attorney
San Diego DUI Lawyer
www.iDefendSanDiego.com
619-550-4422