Being under investigation for a crime means it’s time to seek out a qualified Riverside criminal defense attorney as soon as possible. For those residing in Moreno Valley, Riverside, Corona, or other parts of the county, it’s best to go with a professional criminal defense attorney here at San Diego Criminal to make sure the results are as expected.
Our law firm handles a wide range of criminal matters involving:
- Child Abuse Defense
- Domestic Violence
- Federal Drug Crimes
- Rape Defense
- Sexual Assault
- Kidnapping Defense
- Murder Defense
- Fraud Defense
- Assault and Battery
- Grand Theft
- Professional License Defense
Our team is more than happy to offer an in-depth free consultation to discuss what’s needed moving forward. Call us today at (619) 777-7171 and we can start reviewing your case.
- 1 Why Should I Hire a Riverside Criminal Defense Lawyer?
- 2 What’s the Difference Between a Public Defender and Hiring a Criminal Defense Attorney?
- 3 Does the Court Take into Consideration a First Time Offense?
- 4 Can My Charges be Completely Dismissed?
- 5 What is California’s “Three Strikes” Law?
- 6 What is a Strike in California under the Three Strikes Law?
- 7 What is a Romero Motion in Relation to the California Three Strike Law?
- 8 Hire The Best Riverside Criminal Defense Attorney
Why Should I Hire a Riverside Criminal Defense Lawyer?
Being charged for a crime in the heart of Riverside means it’s time to go with a professional counsel with years of experience. This is the charm of going with a professional criminal defense attorney. Don’t assume things aren’t going to work out because a qualified attorney will know what’s needed to put your best foot forward in these situations. We are able to help clients in all sorts of legal situations and always take the time to improve things. Even if the client appears to be guilty, we can help make sure the charges are reduced or dropped. This includes reducing the punishments that come along with a guilty verdict. Our team is always on top of things and makes sure to focus on the alternatives as best as we can.
What’s the Difference Between a Public Defender and Hiring a Criminal Defense Attorney?
Choosing a public defender may seem like a good idea for those who are financially troubled but this doesn’t mean it’s the right option from a legal perspective. You are not going to have the advantages that come along with a private attorney while dealing with criminal concerns such as a misdemeanor. A qualified attorney will be more than happy to look through the case details and visit court on your behalf. This is something you are not going to get with a public defender as you will have to be at court every time.
Going with a private attorney is a must because the team cares about you and is going to pay attention to your needs every step of the way.
Does the Court Take into Consideration a First Time Offense?
In most cases, yes, the court is going to take this into consideration while determining what has to happen next. This can go a long way in making it easier to move forward with the case and get a favorable result. In Riverside, a person that doesn’t have an established criminal record is going to receive a lighter punishment in comparison to those with one. Going with an experienced attorney is the best way to make the most of a cleaner record and can make it easier to reduce the overall impact of the court proceedings.
Can My Charges be Completely Dismissed?
Indeed, the case can lead to dropped charges. We have helped thousands of clients in court and have ensured their charges were dropped. This can happen when the evidence is not as strong as it needs to be. Being charged with a crime can lead to a positive result as long as you have a qualified attorney by your side to assist. The attorney will make sure the best result is found whether it is through a plea bargain or during a trial.
What is California’s “Three Strikes” Law?
California established what is now known as the “Three Strikes” law, which means there’s a sentencing scheme in place for repeat offenders. This was set up in the mid-1990s and was deemed as a way to punish those who repeated offenders for their third crime within a set period of time. Once a person was convicted for the third time, they would get their third strike and have to spend at least 25 years in time. It’s important to note that being charged with a felony crime leads to one of these strikes on your record and having an attorney to make sure that doesn’t happen is a must.
What is a Strike in California under the Three Strikes Law?
To receive a strike on your record, a person has to be convicted for a violent crime. The terms used for these crimes can be “serious” or “violent” depending on the Penal Code and what’s listed. A list of crimes that would fit under this description would be kidnapping, mayhem, murder, manslaughter, robbery, carjacking, participation in a gang, rape, arson, criminal threats, residential burglary, and assault with a deadly weapon.
Receiving a strike conviction also comes along with additional legal consequences such as spending mandatory prison time and not receiving good time credit. Even a person with one strike can receive an extended prison sentence. If the same person were to be released and commit a crime that doesn’t fall in the list mentioned above, they would still have to deal with harsher sentencing than a first-time offender. This can include doubling the prison sentence. It’s important to note once a strike is put on a person’s record, it is on their record officially and will be mentioned for all record checks moving forward.
What is a Romero Motion in Relation to the California Three Strike Law?
The Romero motion is designed for the defendant’s defense team as they look to ask for the prosecution to not use prior strikes that are on a person’s record. The judge deems whether or not the prosecution will be allowed to use the strikes as a part of their strategy.
To do this, the judge will take a look at:
* The defendant’s charges and whether or not they are in line with the scheme’s original intention to keep violent offenders off the streets
* The defendant’s rights to make sure they don’t have to deal with a cruel punishment for their most recent crime in comparison to other similar cases
The judge will have to weigh these variables while also remaining fair to both parties. A strike allegation cannot be dismissed due to something as simple as court congestion or convenience. There has to be a reason behind the decision.
The motion was set up after People v. Romero, where Jesus Romero was convicted for possessing cocaine (13 grams). This would have been nothing more than 3 years under the older rules but ended up becoming a third strike on his record. He had already been charged for attempted burglary and felony burglary in the past. As he received the third strike, Jesus Romero had to go under the regulations that are set up with the new legal scheme. The judge believed this wasn’t something Romero deserved spending life in prison for and he removed the strike. The California Supreme Court backed the judge. This meant Romero only had to spend six years in prison rather than the expected 25 for his third strike. It was still more than the expected 3 years but that was due to Romero’s previous criminal record.
Having a qualified defense attorney can make sure you have a way out from a three-strike case. Please remember, moving forward with the Romero motion doesn’t mean the case is going to be dropped or the penalty isn’t going to be extensive compared to other similar cases. The judge is still allowed to look at the criminal record.
Hire The Best Riverside Criminal Defense Attorney
For those dealing with a criminal charge that qualifies under the Three Strike Law, it’s important to note the legal consequences. It’s smart to take action right away to make sure the conviction doesn’t lead to a life sentence. Contact us today and schedule a free case review.
San Diego Criminal is more than happy to have helped hundreds of clients in the past when it comes to criminal prosecution. The team is professional and understands what’s needed when it comes to serious or violent charges. To deal with a three-strikes case, it’s best to go with a competent team of attorneys such as the ones at San Diego Criminal.