San Diego Law Blog
What Is an Extradition Hearing?
Extradition is surrendering an alleged criminal by one authority, such as a state or country, to another authority having jurisdiction to try the charge. Any person charged with a crime in one state (demanding state) and who goes to another state or country (asylum state) is subject to extradition, regardless of the reason for leaving and whether or not the person has actual knowledge of the charges.
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Navigating Felony Plea Bargaining
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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What Is a California Bench Warrant?
A bench warrant is a court order issued by a judge for failure to appear in court, pay a fine, or comply with another court order. Once a bench warrant is issued, police can treat it as an arrest warrant. They can search you out, take you into custody, and bring you into court. When a bench warrant has been issued on you, law enforcement can arrest you at any time.
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Options if You’re Facing Charges with Mental Illness
If you are accused of a crime, your San Diego criminal defense attorney may ask you to get a psychiatric evaluation to determine your true frame of mind when the alleged act was committed. This could have a significant bearing on how your case will proceed.
Your attorney might choose to seek a pretrial diversion. This would allow you to complete a psychological treatment plan in lieu of criminal proceedings and jail time. When the terms of the plan are completed, the charges against you will be dismissed.
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What is a Deferred Entry of Judgment (DEJ)?
Deferred entry of judgment (DEJ) is a program where the defendant pleads guilty, but the charges will be dismissed if they fulfill a probationary agreement that includes a treatment program and other conditions.
If the defendant fails to complete the terms of the agreement, the charges will be reinstated. At this point, the defendant will not be able to challenge the charges, and the judge is allowed to apply the maximum sentence for the offense that was charged.
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What Do Police Look for to Spot DUIs?
Any time a police officer pulls a driver over or responds to the scene of an accident, they’re conducting an investigation. One of the main things they’re looking for is signs of driver intoxication.
When you get pulled over, the officer is scrutinizing everything you say and do. You’ll always want to be polite when talking to an officer who pulls you over, but you don’t have to tell them anything that could incriminate you and you aren’t required to take a roadside sobriety test.
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How California’s Sex Offender Registry Affects Those Listed
If you have been charged with a sex offense in California, you may be required to register as a sex offender if convicted. This is a penalty to be avoided if at all possible. Sex offender registration has far-reaching consequences that can impact every aspect of your life.
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Domestic Violence Allegations During Divorce
Divorce can bring out the worst in the best of us. It is not uncommon for a spouse to make false allegations of domestic violence against the other spouse during a divorce. There may be several possible motivations for accusations of domestic abuse, including revenge, jealousy, the desire to gain an advantage in court, or to get the upper hand in a child custody dispute. Regardless of the motivation, if you are dealing with domestic violence allegations during a divorce, it is in your best interests to speak with an experienced San Diego domestic violence defense attorney as soon as possible.
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Common Hit-and-Run Legal Defenses
Commonly known as hit-and-run, leaving the scene of an accident is a serious offense in California. If convicted of a felony hit-and-run that involves non-serious injury, you could be facing a minimum of 90 days and up to a year in county jail, fines ranging from $1,000 to $10,000, restitution to the victim, and two points on your California driving record. If a victim of the hit-and-run accident was seriously or permanently injured or killed, you could be facing two, three, or four years in state prison. If you have been charged with leaving the scene of an accident, consult with an experienced San Diego hit-and-run defense attorney as soon as possible.
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DUI in a Bus or Multi-Passenger Vehicle
Any DUI charge can be a very serious legal problem – but when the incident involves a bus or other multi-passenger vehicle, the consequences are worse. The driver of a bus or multi-passenger vehicle is held to a higher standard, as these drivers are responsible for the lives of many other people.
Charged with DUI while operating a commercial passenger vehicle? Call our San Diego criminal defense lawyer immediately at (760) 630-2000.
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