If you or someone that you love like a family or friend is charged with a case and is currently being investigated, getting through this situation can be overwhelming, frustrating, and lots of emotions may take place. However, this doesn’t mean that you cannot do anything about it. What you need is to find a San Bernardino criminal defense attorney that has extensive experience in this field to ensure that your rights are well-protected. Whether you’re situated at San Bernardino or surrounding areas, San Diego Criminal is fully equipped with experience and knowledge to assist you in this situation with an outcome that will favor the person being faced with charges.
San Diego Criminal is equipped to take care of a variety of cases, which may include but are not limited to:
- Assault and Battery
- Domestic Violence
- Professional License Defense
- Child Abuse Defense
- Sexual Assault
- Federal Drug Crimes
- Rape Defense
- Fraud Defense
- Grand Theft
If you’re currently facing one of these or other criminal charges and in need of a lawyer, we provide a free consultation and help you provide the next possible steps and options to take to help you with your case. Everything is confidential ensuring all details, big and small will be kept private.
- 1 Do I Really Need To Hire a San Bernardino Criminal Defense Attorney?
- 2 What Makes A San Bernardino Criminal Defense Attorney Different From A Public Defender?
- 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 Consult a San Bernardino Criminal Defense Attorney
Do I Really Need To Hire a San Bernardino Criminal Defense Attorney?
If you’re currently charged with a crime in San Bernardino, regardless if it’s a small or huge case, seeking help from an experienced council plays a crucial role. For one, there might be defenses that you haven’t seen from your perspective, and a lawyer can help with find possible solutions. We’ve handled almost all kinds of criminal cases, and even handled some clients who were partly guilty to the crimes they’ve been charged with have benefited from our service. For instance, we make it to a point to get these charges either reduced or completely dropped. In addition to which, we are experienced with finding alternative solutions to jail time such as community service, house arrest, work release or even electronic monitoring.
What Makes A San Bernardino Criminal Defense Attorney Different From A Public Defender?
A public defender is usually available to everyone, especially to those who are financially challenged and cannot afford to hire a lawyer. However, while their services are free, it doesn’t mean that they’re the best choice. For instance, one of the clear advantages of hiring a private lawyer is that he/she can keep you out of court by attending hearings on your behalf. On the other hand, if you have a public defender as your representation, you would have to attend court.
Choosing a private attorney has many advantages over the other, including receiving personalized plans, actions and attention, not to mention impeccable customer service and satisfaction.
Does the Court Take into Consideration a First Time Offense?
Definitely. Part of the process that the court performs in determining the severity of the punishment is by checking if the defendant has a criminal record. Generally, in most areas, San Bernardino included, those who have no criminal records before the case are bound to receive lighter punishments as compared to those with an existing criminal record. A criminal defense lawyer with extensive experience in the field can use this to your advantage and emphasize the importance of not having a pre-existing criminal background for a lighter punishment. Additionally, that same attorney can use their experience in ensuring that minimal impact or sentence is reduced for those who have an extensive criminal record.
Can My Charges be Completely Dismissed?
Generally speaking, yes. We’ve handled various clients where the charge alone is completely dropped even before the trial starts. These types of instances typically happen when the complainant or there’s a lack of incriminating evidence. Most of the time, if you’ve been filed a criminal case, whether you’re guilty or not, one of the best steps for you to take is to hire a criminal defense lawyer with extensive experience to represent and defend you. A skilled lawyer knows the ins and outs of the process, either by plea bargain or by taking your case to court or trial.
What is California’s “Three Strikes” Law?
In 1994, a proposition has been submitted by the voters of California known as the “Three Strikes Law”. Simply said, when an offender has 2 strikes, on the third strike, he/she will be sentenced to jail and serve for not less than 25 years. If you’ve been charged with a crime that may result in a strike, do not take the risks and work with an experienced criminal defense attorney in San Bernardino.
What is a Strike in California under the Three Strikes Law?
Not all crimes are given a strike. One will only be given a strike unless it is categorized as a violent or serious crime, all of which can be found under the Penal Code in sections 667.5(c) and 1192.7(c). Some of the crimes under this code may include but are not limited to manslaughter, carjacking, robbery, kidnapping, murder, participation in street gang activities, assault with a deadly weapon, arson, burglary, rape, and other criminal threats.
Once given a strike, it usually comes with several serious consequences which include jail time as well as the denial of good time credit. If you’re charged with a felony crime, and you have an existing strike, even just one, can increase the chances of your sentence length is doubled. Additionally, you should know that once you’re given a strike, that can’t be erased – and it’s part of your records for the rest of your life. This alone can also have an impact on your employment in the future. Know what your options are by talking with a San Bernardino lawyer.
What is a Romero Motion in Relation to the California Three Strike Law?
A Romero motion is where the defendant’s defense team pleading to the court and asking the prosecution to disregard the pre-existing strikes in determining the sentencing decision. With this motion, the judge may take into consideration these factors:
* The defendant’s rights, including the right to be free from severe and extreme punishment, including the society’s and prosecutor’s interests to punish the convicted individual.
* If the said defendant is said to be deemed to be outside the “scheme’s spirit” as this allows the defendant to be convicted not based on his previous convictions, but based on character, other backgrounds, and other factors.
The judge is also responsible for taking into consideration these above-mentioned factors and act reasonably, and not dismiss or disregard the strike, out of convenience, or because of court congestion, or simply because the defendant made a guilty plea.
Just a brief summary, the Romero motion started with Jesus Romero, where he was convicted in possession of 0.13 grams of cocaine. This offense is particular, is punishable by jail time, not exceeding 3 years in prison. However, Romero was also previously convicted of attempted burglary and felony, which supposedly qualifies him for his third strike.
In this certain case, the judge reasonably felt that Romero only deserved mandatory 3-year prison time, and not a life sentence and disregarded the first two strikes. The judge’s decision was then acknowledged by the California Supreme Court. Instead of a lifetime prison sentence, Jesus Romero was sentenced 6 years in prison – still longer than the three-year sentence, but definitely better than technically supposed to be a life sentence.
As soon as an experienced and skilled defense lawyer receives a case with strikes, he/she must then assess whether it is an option to file for a Romero motion. However, take in mind that when the judge has decided to accept the motion, the strikes will not be erased. Instead, these strikes will not be used to determine what the current ruling will be, and that the judge is just not obliged to enforce the maximum penalty that falls under the Three Strikes Law.
Consult a San Bernardino Criminal Defense Attorney
If you, a friend, loved one or any family member is charged with a crime, especially if it falls under the California Three Strikes Law, the consequences and the sentencing can be extreme. Even the smallest crimes can result in 25-year sentencing in prison, given that the defendant already has 1-2 existing strikes.
You don’t have to face these criminal prosecution steps alone. We at San Diego Criminal will help you get through the most difficult and tricky parts. Our experienced attorneys have handled different cases and have served hundreds of individuals charged with felonies, and criminal cases. If you or someone you love is faced with this kind of situation, let our experienced and skilled lawyers at San Diego Criminal help you with your case to achieve positive results. Contact us today at (619) 777-7171 and schedule a free consultation.