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Criminal Defense | San Diego Law Blog

How California’s Work Release Furlough Program Works

By San Diego Attorney on August 30, 2023

A businessman released from prison holding a box of belongings outside the prison gates.

California implemented work release and work furlough programs as alternative sentencing options to help reduce overcrowding in correctional facilities. These options allow eligible convicted individuals to serve their sentences while working to earn income. Qualifications may vary from one county to another.

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Posted in: Criminal Defense

California Determinate vs. Indeterminate Sentences

By San Diego Attorney on August 20, 2023

Judge holding a gavel.

Although the main focus of a criminal trial may be on a verdict of not guilty, sentencing is also a major concern. Under California law, many criminal statutes require specific lengths of jail sentences or determinate sentencing. On the other hand, indeterminate sentencing allows for a wider range of potential penalties and gives more discretion to judges.

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Posted in: Criminal Defense

DUI and Commercial Drivers: Unique Challenges and Consequences

By San Diego Attorney on August 10, 2023

A cup of whiskey next to a set of car keys

Driving under the influence of alcohol or drugs is a serious matter in California under any circumstances. Commercial drivers are subject to more oversight and much stiffer penalties than other drivers. A conviction of a commercial driver DUI can mean the loss of your commercial driver’s license (CDL) and a significant impact on the ability to earn a living.

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Posted in: DUI

Discussing the Role Consent Plays in Sex Crime Charges

By San Diego Attorney on July 30, 2023

An opened dictionary or encyclopedia shows the entry for Consent

Consent is a crucial factor in sex crime cases, playing a significant role in determining the legality and potential liability of the parties involved. It is important for criminal defense lawyers to shed light on the complexities surrounding consent in sex crime charges. We will explore the concept of consent, its importance in sex crime cases, and the legal implications it carries.

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Posted in: Sex Crimes

Fraud Charges: What Must the Prosecution Prove You Did?

By San Diego Attorney on July 20, 2023

Man using credit card and laptop for online shopping

When facing fraud charges in California, it is crucial to understand what the prosecution must prove to secure a conviction. The prosecutor must establish several case elements in any fraud offense.

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Posted in: Fraud Cases

Common Misconceptions About Domestic Violence Charges

By San Diego Attorney on July 10, 2023

Parent is holding her little girls arm and is about to use violence. Representing child abuse and domestic violence.

Domestic violence is a serious legal matter. The justice system in California takes domestic violence cases very seriously and imposes heavy penalties for such offenses.

It is essential to fully understand this issue under the law and debunk the myths surrounding domestic violence. Being aware of common misconceptions will better prepare you in the event that you are accused of a domestic violence offense.

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Posted in: Domestic Abuse

Do Misdemeanors Usually Show Up in Background Checks?

By San Diego Attorney on June 30, 2023

Close-up Of Human Hand Filling Criminal Background Check Application Form With Pen

In California, a misdemeanor is more severe than an infraction but not as serious as a felony. If you were convicted of a misdemeanor, you may be curious about the lasting impact it could have on your life. As you move forward and apply for jobs, you may also have concerns about your misdemeanor conviction rearing its ugly head in a background check. The short answer is yes; a misdemeanor conviction would be revealed in a background check unless it was sealed or expunged. If you were only arrested and not convicted, however, it would be unlawful for a company or an employer to access information about your arrest.

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Posted in: Criminal Defense

Fixing Relationships After a Domestic Violence Incident

By San Diego Attorney on June 20, 2023

A married couple both with their heads in their hands in a couples therapy.

Domestic violence is a sensitive topic, and after an incident, it might seem impossible to keep the relationship intact. Both parties may want to heal and reconcile, but the road toward rebuilding trust is a long one paved with the need for change. If you are trying to repair your relationship after a domestic violence incident, it is not impossible, but it will take a lot of work and require honest effort.

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Posted in: Domestic Abuse

Why You Shouldn’t Talk to Police Without an Attorney Present

By San Diego Attorney on June 10, 2023

Man in a prison jumpsuit in an interrogation room. He is handcuffed to the table and making an expression. We see the back of a police officer who is facing the criminal.

Being questioned by the police is incredibly intimidating, and you may feel obligated to answer any questions. You could end up saying something that is later used against you, landing you in some serious legal hot water. Instead of submitting to law enforcement’s questions, it is crucial to retain legal representation. Not only is this a wise step to take, but it is also your constitutional right. An experienced criminal defense attorney could advise you on navigating an interrogation, so you don’t become a victim of the justice system.

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Posted in: Criminal Defense

Navigating Felony Plea Bargaining

By San Diego Attorney on May 20, 2023

man's hand holding a pen writing his signature

If you are facing felony charges, depending on the circumstances, a plea bargain may be your best option. Essentially, a plea bargain is an arrangement between the defendant and the prosecution wherein the defendant pleads guilty or no contest to certain charges in exchange for certain concessions from the prosecutor. In felony plea bargaining, your San Diego criminal defense attorney can negotiate with the prosecution to reach a plea agreement.

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Posted in: Criminal Defense

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