Carlsbad Criminal Defense Attorney
If either you or someone you know has been charged with a crime or is under investigation, you need to have an experienced Carlsbad criminal defense lawyer to keep your rights protected. No matter where you are in the Carlsbad area, the San Diego Criminal defense attorneys have the experience and knowledge to help you get the best outcome possible.
San Diego Criminal handles a wide range of criminal defense cases, which include but are not limited to the following:
- Assault and Battery
- Domestic Violence
- Fraud Defense
- Federal Drug Crimes
- Child Abuse Defense
- Grand Theft
- Rape Defense
- Sexual Assault
- Professional License Defense
We offer a confidential and free consultation so that we can discuss the best legal options that are available to you.
Why Should I Hire a Carlsbad Criminal Defense Lawyer?
Any time you are charged in Carlsbad with a crime, you always should consult with an experienced criminal defense lawyer. There are numerous defenses that available to you that might not be obvious to you. Help is available, so do not despair. Thee are only rare situations where we cannot help our clients make improvements to their situation. Even in those situations where it is clear that our clients are guilty of committing a crime, we are about to get punishments reduced, and charges reduced or dropped. We excel at securing alternatives to going to jail, even for our clients who are the most guilty including community service, electronic monitoring, house arrest, and work release.
What’s the Difference Between a Public Defender and Hiring a Criminal Defense Attorney?
Although a Public Defender might be available to help people who are very poor, that doesn’t mean that the best option for you is a public defender. For example, one of the main advantages of hiring a private lawyer, especially if you are faced with a misdemeanor, is a private lawyer frequently can go to court for you, which keeps you from having to court. If a public defender represents you, you will need to appear at court at each of your court dates.
Also, many people choose to hire private lawyers to receive personalized attention and level of customer service that can only be provided by a private attorney.
Does the Court Take into Consideration a First Time Offense?
Yes, it does. Part of the analysis done by the court when it is determining how serious the punishment should be for the crime is to consider if the defendant has committed any past crimes. In Carlsbad, typically people with no or little prior criminal history receive less severe punishments than those who have extensive criminal histories. An experienced criminal defense lawyer knows how to emphasize how important it is that his client does not have a past criminal history, and also minimize the impact in cases where a client does have an extensive criminal record from his past.
Can My Charges be Completely Dismissed?
Yes, is the short answer. We have clients on a regular basis who have their charges dismissed before a jury trial, but that normally only happens if the incriminating evidence is especially weak. In a majority of cases, if you are charged with a crime, then hiring an experienced criminal defense lawyer to represent you is the only way you can expect to receive a positive result. A skilled and experienced lawyer knows how to get the best possible result for you through either taking your case to trial or through a plea bargain.
What is California’s “Three Strikes” Law?
Proposition 184 was passed by California voters in 1994, which enacted the “Three Strikes” law, which is a criminal sentencing scheme. It is very complex but is known best for the concept that if you convicted on your third strike (this any felony offense where you have to prior strike convictions or more), you are sentenced to 25 years at least up to a life sentence. If you have been charged with a felony crime that may result in a strike, then it is strongly recommended that you work with an experienced criminal defense attorney in Carlsbad.
What is a Strike in California under the Three Strikes Law?
What a strike refers to is a crime that is either considered to be “violent” or “serious.” Crimes are classified by the Penal Code as “violent” or “serious n Penal Code lists 1192.7(c) and §§ 667.5(c). Among other things, it includes Criminal Threats, Arson, Residential Burglary, Rape, Assault with a Deadly Weapon, Carjacking, and Criminal Street Gang.
A strike conviction may have many serious consequences which include denying good time credit and mandatory prison time. Having just one prior strike mandates state prison (without any especially unusual circumstances) on all new felony convictions whether or not it is a strike, and your sentence length is doubled. In general, strikes cannot be removed from your record and can impact your employment options in the future. Speak to a Carlsbad expungement attorney to discuss what options are available to you.
What is a Romero Motion in Relation to the California Three Strike Law?
This is pleading done by the defendant’s defense legal team, which asks the court to take into consideration not allowing prior strikes to be used by the prosecution in their sentencing. The judge considers the following if that motion is filed:
– The right of a defendant to be free of unusual and cruel punishment and as well as prosecutors punishing convicted criminals in the interest of society.
– If a defense is “deemed to be outside of the spirit of the scheme” given the character, background, past convictions, etc. of the defendant.
Those actors must also be considered by a judge when acting within the scope of a “reasonable judge” and cannot dismiss a strike allegation due to the defendant pleading guilty or for court congestion or convenience.
The origins of the Romero motion was in the People v. Romero case, where Jesus Romero was convicted for possession of .13 grams of cocaine. Usually, that offense is punishable by a maximum three-year prison sentence. However, Romero had been convicted previously of attempted burglary and felony burglary, which meant he qualified for the three-strikes law. In that situation, the judge did not feel that Romero deserved a mandatory life sentence for his drug possession charge and “struck” the felony conviction for Romero. The California Supreme Court upheld the judge’s decision. Romero received a six-year sentence instead of a life sentence. This is still higher than the thee year maximum since the judge can still consider the past criminal record and previous felonies, but does not have to enforce a life sentence.
Whenever a skilled defense lawyer is working on a strike case, they need to assess whether or not it is an option to file a Romero option. However, it is very important to keep in mind that if the Romero motion is accepted by the judge and the strike allegation is dismissed, it doesn’t mean that the felony conviction disappears along with it. It just means that the judge does not need to enforce the three-strikes law maximum penalty any longer.
Hire The Best Carlsbad Criminal Defense Attorney
If either a family member or you are charged with a crime, particularly any crime falling under the Three Strikes Law in California, the consequences can be potentially quite dire. Taking action quickly can often mean the difference between a 25 to life or a short sentence.
San Diego Criminal has represented hundreds of people who have been faced with criminal prosecution, and we are very skilled at handling violent or serious felonies. If a loved one or yourself is charged with a three-strikes case, make sure to call a skilled and experienced criminal defense lawyer at San Diego Criminal to receive aggressive representation that will get results.